WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Waste & Resources Action Programme
Procurement of Home Compost Bins and Accessories
HOM031-000
April 2008
Tender Invitation Document
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Executive summary
This document sets out the scope and parameters of goods that WRAP wishes to procure. WRAP
selects its tenderers through a competitive process and this document describes that process and
explains how tenderers may tender for the work described.
Purpose of the procurement
The purpose of the procurement is to provide Home Compost Bins and Accessories for use in the
WRAP Home Composting Programme in the period from 1 January 2009 to 31 March 2011. Since
2004 1.7 million compost bins and accessories have been supplied to householders in England and
Scotland through this programme.
Scope of the procurement
The work will include the sourcing of up to 1.0 Million home compost bins, and up to 1.0 Million
associated products and accessories divided into 6 lots :
Lot1
Lot2
Lot3
Lot4
Lot5
Lot6
–
–
–
–
–
–
Small Bins (<300litres)
Medium Bins (300-600litres)
Large Bins (>600litres)
Wormeries
Kitchen waste composters or digesters
Accessories
Timings
The deadline for tender submissions is Friday 30th May 2008 at 12:30pm and WRAP anticipates that
supply will commence in September 2008 and be completed by 31 March 2011.
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Contents
Page
Section 1: Introduction and background .................................................................................5
About WRAP and the nature of the goods WRAP wishes to procure
Section 2: Scope of work ..........................................................................................................6
The aim of the procurement, including associated services/tasks and deliverables
Section 3: The tender submission - Information required......................................................8
Including your proposed methodology, tender prices and other information requested by WRAP
Section 4: Evaluation criteria .................................................................................................. 10
The criteria used by WRAP to assess and select its tenderers
Section 5: Application procedure / tender process ............................................................... 11
Details on how to submit a tender and the proposed timetable
Appendix I – Form of Contract ............................................................................................... 13
A copy of WRAP's Terms and Conditions of Contract
Schedule 1 – Home Compost Bins – Unit Price Quotation……………………………………….. 36
Schedule 2 – Summary – Product Selection…………………………………………………….…... 37
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Section 1: Introduction and background
1.1
This document sets out the scope and parameters of goods which WRAP wishes to procure
and describes how tenderers may tender for this procurement.
1.2
WRAP selects its tenderers through a competitive tender process, assessing each tender
submission against the evaluation criteria stated in this document. Tenderers should read this
document carefully and submit their tender submission in accordance with the provisions set
out within Section 3.
1.3
WRAP is a not-for-profit private company backed by funding from Defra and the devolved
administrations of Scotland, Wales and Northern Ireland. WRAP’s aim is to accelerate
resource efficiency within the UK by creating stable and efficient markets for recycled
materials and products and removing barriers to waste minimisation, re-use and recycling.
Resource efficiency means making better use of resources by reducing the volume of waste
generated and maximising the use of recovered materials in the economy, in products and
process.
WRAP seeks to accelerate resource efficiency by:
 building the capacity and desire of the industry in the UK to use recycled materials;
 enhancing the ability of the recycling sectors to generate quality and quantity of
material required;
 facilitating a step change in recycling collection and improving public participation in
recycling services through awareness raising and best practice advice;
 minimising household waste by encouraging home composting, promoting product reuse schemes and working with the retail sector to address the waste generated by
supermarket products.
Website: www.wrap.org.uk
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Section 2: Scope of work
The aim of this work is to provide WRAP with a selection of compost bins -up to 1.0 Million and
associated products and accessories - up to 1.0 Million for use in WRAP’s Home Compost Programme
in the period 1 January 2009 and 31 March 2011. The tender will be split into six lots.
Lot
Lot
Lot
Lot
Lot
Lot
1
2
3
4
5
6
–
–
–
–
–
–
Small Bins (<300litres)
Medium Bins (300-600litres)
Large Bins (>600litres)
Wormeries
Kitchen waste composters or digesters
Accessories
2.1 Tenderers are invited to submit tenders for any number of Lots. More than one tenderer may be
successful in each lot.
2.2 Suppliers will invoice for product upon delivery to designated sites. It may be that the designated
site is the site of manufacture. Delivery is planned to commence in September 2008. All stock will
be taken by 31/03/11
Requirements or services
2.3 For each Lot where tenders are submitted, the tenderer must:
2.3.1
Provide details of size, type and material composition including the use of recycled
material, of any product to be considered for selection
2.3.2
Provide Schedule 1 – Home Compost Bins – Unit Price Quotation for all products to be
considered for selection. Tenderers must detail manufacturing, storage and
delivery costs separately.
2.3.3
Provide evidence of the successful application of the product in large Home
Composting schemes
2.3.4
Provide information on how the product will add value to the Home Compost
programme
2.5 Provide details of manufacturing capabilities and illustrate limiting factors
Deliverables
2.6 For each Home Compost Bin or accessory put forward for selection the Tenderer must be able to
provide or demonstrate:
HOM031
2.6.1
A Technical specification sheet for each item;
2.6.2
Colour pictures of the item;
2.6.3
Samples of the item (short listed candidates only);
2.6.4
Complete Unit Pricing schedule 1 for all products to be considered for
selection under Lots 1, 2, and 3;
WRAP
2.7
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
2.6.5
Complete Summary schedule 2 for all products to be considered for selection;
2.6.6
Manufacturing capabilities including lead times;
2.6.7
Details of success of items in any similar schemes.
In the majority of cases ownership of the intellectual property rights will belong to WRAP. To
avoid any confusion in relation to this issue WRAP specifically draws the tenderers attention to
the intellectual property provisions contained within the appended form of contract.
Programme
2.8
WRAP anticipates that the programme of work will commence in September 2008 and will be
completed by 31 March 2011.
2.9
The tenderer shall be required to provide a detailed programme for the work indicating task
periods and milestones for deliverables and other critical activities to be agreed with WRAP.
Monitoring and approval by WRAP
2.10 WRAP may assemble an Advisory / Steering Group of individuals, expert in the Home
Composting field (“Advisory Group”), who will assist in the guidance and monitoring of the work
and will provide feedback and suggestions to WRAP staff and the tenderer. The contractor will
normally be required to attend Advisory Group meetings although the Advisory Group will not
have the authority to issue instructions directly to the tenderer. The Advisory Group may
convene, as a minimum, three times for the duration of the work.
2.11 WRAP will require regular contact and reporting from the tenderer regarding progress of the
work. The tenderer is therefore advised that reporting requirements will be set during
milestone agreement and contract negotiation.
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Section 3: The tender submission - Information required
The tender submission must be a written document of no more than 20 pages in length (excluding
appendices) and should be submitted on recycled paper wherever possible. It should be written (in
English) to address the key requirements and scope of the work and should highlight the strength of
the tender submission against the evaluation criteria stated in Section 4 of this document.
All tender submissions will be treated on a confidential basis by WRAP and its advisers, subject to the
provisions of the Freedom of Information Act 2000.
The following information must be included (preferably in order):
3.1
An executive summary of no more than one side of A4 in length, outlining the products
offered in each lot and the range of unit costs inclusive of Value Added Tax (“VAT”) and
storage and delivery costs for the minimum and maximum supply quantities available.
3.2
Company/Organisation details
3.2.1 The name of the Company submitting the tender;
3.2.2 The registered office name, address and company or charity registration number;
3.2.3 The name of the nominated contact person within the tenderer’s organisation;
3.2.4 Contact details including: address (if different to the above), telephone number, fax
number and e-mail address.
3.3
Consortia tenders
In order to meet the requirements of the work, organisations may wish to collaborate to form
consortia (a “Group”).
In the case of a tender submission from a Group, the name of each member of the Group, a
description of the relationship between the Group members and a statement defining the lead
organisation in the Group should be provided. In the case of Group submissions all members
of the Group must provide a letter (on headed paper) confirming that they have read the
content of this Tender Invitation Document and that they accept the conditions contained
herein.
3.4
Completion of Schedule 1 – Home Compost Bins – Unit Price Quotation for all
individual products to be submitted in response to Lots 1, 2 and 3.
3.5
Completion of Schedule 2 - Summary – Product Selection - this is a summary of the
individual products to be submitted in response to Lots 4, 5, and 6.
3.6
A list of the personnel who will manage the contract, this should include their
respective roles within the organisation..
3.7
An identification of any sub-contractors to be used. Tenderers should include a list of
any sub-contractors they intend to use to fulfil the requirements of the work.
3.8
Evidence of a track record in supplying products of the kind referred to in this tender.
3.9
Identification of any conflicts of interest which might arise if the tenderer were selected
to undertake the work and if such a conflict were to arise, an indication of how this conflict
would be addressed. Where the tenderer is a Group, all members of the Group should be
considered.
3.10
A single copy of the tenderer’s Environmental and Health and Safety Policies and
evidence of any accredited Environmental Management System.
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
3.11
As a single appendix to the submission, tender submissions should include:
3.13.1 Company registration details and audited or management accounts for the last
financial year and a statement of any material litigation, pending or threatened, or
other legal proceedings;
3.13.2 An identification of any of WRAP’s Terms and Conditions which the
tenderer may be unable to meet, together with an explanation of the
reasons why. A copy of WRAP’s form of contract is included at appendix I to this
document.
HOM031
Section 4: Evaluation criteria
4.1
The process WRAP uses to select its tenderers is a competitive one. Your tender submission
should be written to address the key requirements and scope of the work and demonstrate
how it meets the evaluation criteria below.
4.2
Your tender submission will be evaluated against the following criteria, with overall value for
money being the most important:

The overall value for money offered;

Consistency of proposal with services or requirements and deliverables and including from
schedule 1
- Unit price
- Features – doors, lids and vents
- Manufacturing capacity and lead time
- Recycled material content

4.3
HOM031
Ability of the offered products to add value to WRAP’s home composting campaign;

Technical and operational track record in projects of a similar nature;

Authority of allocated personnel, their skills and technical capability;

Financial standing of tenderer;
Company registration details or audited accounts for the previous financial year (2004/05)
- a statement of any material pending or threatened litigation or other legal proceedings.
- This may be included as an Annex to the Tender submission

Corporate environmental commitment – submission of credible environmental policy
and/or environmental management system details.
In accordance with The Public Contracts Regulations 2006 (SI 2006 No.5), WRAP reserves
the right to exclude from the tender process any tenderer who fails to meet fundamental
eligibility requirements, including but not limited to, those requirements relating to financial
standing and misrepresentation of information.
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Section 5: Application procedure / tender process
5.1
The deadline for tender submissions is 12:30pm on Friday 30th May 2008.
5.2
You should send 6 (six) paper copies (on recycled paper if possible) and one electronic copy
(in Word format on floppy disk, email or CD) of your tender submission, addressed to:
Carl Nichols
WRAP
The Old Academy
21 Horse Fair
Banbury
Oxon
OX16 0AH
Telephone: 01295 819614
Facsimile: 01295 819911
Email: carl.nichols@wrap.org.uk
5.3
Tender submissions and the packaging that contain tender submissions should clearly state
the following reference number HOM031 together with the words “Confidential Tender”.
5.4
If you have an enquiry about the work being commissioned or the processes WRAP uses to
select its tenderers please contact in writing only (by e-mail, fax or post to) Carl Nichols/
quoting HOM031 at the address given above.
Tender process & timetable
5.5
All tender submissions must remain valid for a minimum period of 90 days following the
deadline for receipt of tender submissions.
5.6
All tender submissions will be competitively assessed against the evaluation criteria, (stated in
Section 4 of this document). A preferred tenderer may be selected at this stage or suitable
tender submissions shortlisted. WRAP may invite shortlisted tenderers to present their tender
submissions to a Tender Assessment Panel, before selecting a preferred tenderer. The
Tender Assessment Panel will include representatives of WRAP and external organisations as
appropriate.
5.7
The target timetable is as follows (WRAP reserves the right to change this timetable):
Deadline for receipt of tender submissions
Friday 30th May 2008
Shortlisted tenderers notified
Tuesday 10th June2008
Presentations to tender assessment panel
Monday 16th June 2008
Tenderers receive written notification of WRAP’s decision
Wednesday 18th June 2008
5.8
All tenderers will receive written notification of WRAP’s decision and tenderers will be given
the opportunity to obtain feedback on their tender submission.
5.9
Following completion of the work set out within this Tender Invitation Document WRAP may
at its sole discretion choose to award additional work to the contractor.
5.10
This information is offered in good faith for the guidance of interested parties, but no
warranty or representation is given as to the accuracy or completeness of any of it. WRAP
and its advisers shall not be under any liability for any error, misstatement or omission. No
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
aspect of this procedure shall constitute a contract or part of a contract. Tenderers participate
in the process on the strict understanding that the procedure may be altered or that WRAP
may not proceed for any reason. WRAP reserves the right not to follow up this Tender
Invitation Document in any way and in particular not to enter into any contractual
arrangement with any of the tenderers. WRAP does not bind itself to enter into negotiations
or proceed with or accept any tender. Any decision to tender is at the sole discretion of the
tenderer and WRAP excludes all liability in respect of any tendering costs incurred.
5.11
HOM031
Any contract entered into, as a result of this Tender Invitation procedure, shall be subject to
proof of insurance, satisfactory to WRAP and generally in accordance with WRAP’s standard
form of contract.
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Appendix I – Form of Contract
DATED day month year
(1) THE WASTE & RESOURCES ACTION PROGRAMME LIMITED
and
(2) name of contractor
____________________________________
HOM031
Procurement of Home Compost Bins and Accessories
PURCHASING AGREEMENT
___________________________________
WRAP
The Old Academy
21 Horse Fair
Banbury
Oxfordshire
OX16 0AH
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
CONTENTS
1
Definitions .............................................................................................................................
2
Recitals .................................................................................................................................
3
Purchase Of Goods.................................................................................................................
4
Commencement .....................................................................................................................
5
Contracts Of Sale and Purchase ..............................................................................................
6
Tender Submission .................................................................................................................
7
Alteration of Requirement .......................................................................................................
8
Termination ...........................................................................................................................
9
Insolvency .............................................................................................................................
10
Insurance ..............................................................................................................................
11
General .................................................................................................................................
FIRST SCHEDULE ............................................................................................................................
SECOND SCHEDULE ........................................................................................................................
THIRD SCHEDULE ...........................................................................................................................
FOURTH SCHEDULE ........................................................................................................................
FIFTH SCHEDULE ............................................................................................................................
SIXTH SCHEDULE ...........................................................................................................................
SEVENTH SCHEDULE.......................................................................................................................
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
THIS AGREEMENT is made the day in words day of month 2008 between:
(1)
(2)
The Waste & Resources Action Programme whose registered office is at The Old Academy, 21
Horse Fair, Banbury, Oxfordshire, OX16 0AH, company registration number 04125764
(“WRAP”); and
CONTRACTOR NAME whose registered office is at address, company registration no number
(the “Seller’).
IT IS AGREED as follows:
1
Definitions
1.1
In this Agreement the following terms have the following meanings:
“Agreement”
“Commencement Date”
“Delivery Date”
“Expiry Date”
“Goods”
“Invitation to Tender”
“Order”
“Price”
“Specification”
“Tender Submission”
“Term”
means this agreement and the schedules hereto;
means the date hereof;
means the date stipulated in an Order for the
delivery of the Goods;
means the date that the Agreement will
conclude.
means the goods of the quantity and description
set out in the first schedule;
means the invitation to tender for the supply of
goods to WRAP issued by WRAP and described in
Part 1 of the fifth schedule;
means a written order on the Seller’s prescribed
form set out in the second schedule given in
accordance with clause 3.2 below;
means the price of the Goods set out against
their respective descriptions in the first schedule;
means the specification of each of the respective
types of Goods set out in the second schedule or
any other specification of the Goods agreed by
the parties in Writing from time to time or
established pursuant to clause 7.
means the Seller’s response to the Invitation to
Tender described in Part 2 of the fifth schedule
and all other information given to WRAP by the
Seller before this Agreement;
means the period from the Commencement Date
until this Agreement terminates;
2
Recitals
2.1
WRAP is a not-for-profit company in the private sector, backed by substantial Government
funding from DEFRA, DTI and the devolved administrations in Scotland, Wales and Northern
Ireland. It has been established to promote sustainable waste management and to create
stable and efficient markets for recycled materials and products.
2.2
The Seller Deals In The Goods.
2.3
By the Tender Submission the Seller has offered to sell goods to WRAP in response to the
Invitation to Tender.
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
2.4
WRAP wishes to buy the Goods from the Seller for the purposes set out in the Invitation to
Tender and the parties have agreed to the terms of this Agreement in relation to the sale and
purchase thereof.
3
Purchase Of Goods
3.1
Subject to the provisions of this Agreement WRAP shall buy and the Seller shall sell the
Goods before the end delivery date set out in the third column of the first schedule.
3.2
WRAP shall be entitled to buy installments of the Goods in its discretion by issuing Orders to
the Seller. Every Order shall:

specify by reference to the product descriptions stipulated in the first schedule the
quantity and type of Goods which are to be supplied; and

specify the delivery date allowing the Seller no less than the lead time between
receipt of the Order and the Delivery Date for particular types of the Goods set out in
the fourth schedule; and

specify the Price of the Goods which are to be supplied; and

specify the address in the United Kingdom to which the Goods are to be delivered by
the Seller.
3.3
The Seller shall maintain sufficient stocks of the Goods to fulfill all the Orders placed by WRAP
on the Delivery Dates.
4
Commencement
4.1
This Agreement shall come into force on the Commencement Date.
4.2
This Agreement shall conclude on the Expiry Date
5
Contracts Of Sale and Purchase
5.1
The terms and conditions of purchase applicable to the sale and purchase of the Goods shall
be WRAP’s standard conditions of purchase set out in the sixth schedule.
6
Tender Submission
6.1
The Seller acknowledges that WRAP has relied upon the Tender Submission in entering into
this Agreement and the Seller warrants that the information contained in the Tender
Submission is complete and accurate.
7
Alteration of Requirement
7.1
WRAP reserves the right to alter the requirements of the Agreement should this at any time
become necessary. In the event of any alteration of the contractual requirement, payment
under the Agreement shall be subject to fair and reasonable adjustment between WRAP and
the Seller and recorded in Writing.
8
Termination
8.1
This Agreement shall expire on 31/07/2011
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
8.2
In the event of a breach or non-observance of any of the terms of this Agreement by the
Seller or if WRAP reasonably anticipates such breach WRAP may give the Seller written notice
of such breach specifying the time after receipt of such notice in which to rectify the breach
or non-observance. If in the event of such notice the Seller should fail so to rectify then
WRAP shall have the right to give the Seller notice forthwith terminating this Agreement and
to obtain the Goods from another source. The Seller shall indemnify WRAP from and against
any excess cost resulting from the termination of this Agreement and the arrangement of
another source of supply of the Goods.
8.3
This Agreement may be terminated at any time by WRAP giving the Seller notice in writing.
A fair and reasonable price shall be paid for all work in progress or completed at the time of
termination and subsequently supplied to WRAP. WRAP shall not be liable to make any other
payment to the Seller (including payments in respect of economic or consequential loss or
loss of profit) as a result of such termination.
8.4
This Agreement shall end upon the performance in full by the parties of their obligations
hereunder provided that those provisions hereof intended to remain in force thereafter shall
remain in force including without limitation this clause 8 and clauses 10, 11, 12 and 20 of
these conditions of purchase set out in the sixth schedule.
8.5
Any termination of this Agreement shall not prejudice any rights which may have accrued to
either party.
9
Insolvency
9.1
This clause applies if:

the Seller makes any voluntary arrangement with its creditors or becomes subject to
an administration order or (being an individual or firm) becomes bankrupt or (being a
company) goes into liquidation (otherwise than for the purpose of amalgamation or
reconstruction); or

an incumbrancer takes possession, or a receiver is appointed, of any of the property
or assets of the Seller; or

the Seller ceases, or threatens to cease, to carry on business; or

WRAP reasonably apprehends that any of the events mentioned above is about to
occur in relation to the Seller and notifies the Seller accordingly.
9.2
If this clause applies then, without prejudice to any other right or remedy available to WRAP,
WRAP can terminate this Agreement or suspend any outstanding obligation to take delivery
of Goods without any liability to WRAP.
10
Insurance
10.1
The Seller will put in place and maintain policies of insurance against all usual commercial
risks in connection with its obligations contained in this Agreement and in particular will put in
place and maintain product liability insurance for a sum no less than that set out in the
Seventh Schedule.
10.2
The Seller will make available evidence of such policies of insurance at the request of WRAP,
and in default of so doing, WRAP shall be entitled to make alternative arrangements
necessary to protect its interests and recover the costs from the Seller.
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
11
General
11.1
Notices
Any notice given under the provisions of the Contract shall be in Writing and shall be deemed
to have been sufficiently served if delivered personally or sent by electronic mail or facsimile
transmission or (within the U.K.) by first class post or (outside the U.K.) by airmail, and the
address for service shall be that shown in the Order or such other address as the relevant
party shall notify in Writing from time to time. Any notice served by first class post shall be
deemed to have been served 48 hours after the date of despatch, any notice served by
airmail shall be deemed to have been served 10 days after the date of despatch and any
notice served by electronic mail or facsimile transmission shall be deemed to have been
served at 10 o'clock on the business day of the recipient next following the date of despatch.
11.2
Waiver
Any concession latitude or waiver allowed by WRAP to the Seller in respect of any term
hereof at any time shall not prevent WRAP from subsequently enforcing that term and shall
not be deemed a waiver of any subsequent breach.
11.3
Severance
In the event that any term condition or provision of the Contract shall be nullified or made
void by any governmental law, decree, regulation or order or by the decision or order of any
Court having jurisdiction the remaining terms, conditions and provisions of the Contract shall
remain in full force and effect.
11.4
Law
11.4.1 These conditions shall be governed by construed and shall take effect in accordance
with the Laws of England and shall be subject to the sole jurisdiction of the English Courts.
11.4.2 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to
these conditions.
11.5
No Assignment
This Agreement is personal to the parties and neither of them may assign, mortgage, charge
(otherwise than by floating charge) or dispose of any of its rights and obligations under this
Agreement.
11.6
No Partnership
Nothing in this Agreement shall create any partnership, joint venture, or relationship of
principal and agent between the parties.
11.7
Price Changes
The Price per item will be reviewed on an annual basis, each 1 st September of the year, and a
revised price for the whole of the following 12 months will be agreed in writing by both the
parties.
11.8
HOM031
Entire Agreement
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
This Agreement contains the entire agreement between the parties in respect to its subject
matter and supersedes all previous agreements and understandings between the parties and
may not be modified except by an instrument in writing signed by the duly authorised
representatives of the parties.
AS WITNESS the hands of the parties hereto
EXECUTED as a DEED
)
on behalf of THE WASTE
)
& RESOURCES ACTION
)
PROGRAMME by
)
its duly authorised officer
)
EXECUTED as a DEED
)
on behalf of NAME
)
by its duly authorised
)
officer
)
HOM031
Director
Director
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
FIRST SCHEDULE
THE GOODS
DESCRIPTION (including Quantity)
Insert description
HOM031
PRICE (per unit
including VAT at
17.5%)
Insert price
END DELIVERY
DATE
Insert date
SECOND SCHEDULE
BUYER’S ORDER FORM
PURCHASE ORDER REQUISITION FORM
This is an Order as defined in our Agreement with you dated day month 2008 for the sale and
purchase of Goods.
TO:
FROM:
DATE:
Reception/Finance
_______________
_______________
SUPPLIER DETAILS
For the attention of:
Company name:
Company address:
__________________________
__________________________
__________________________
__________________________
__________________________
__________________________
ORDER DETAILS
PROJECT
GL CODE
CODE
Item code (if
applicable)
Description
Sub total
Quantity
Unit Price
Total price
excl. VAT
-
VAT
Total
Delivery date:
_______________________
Delivery Address:
Signed:
_______________________
Director
WRAP
THIRD SCHEDULE
SPECIFICATION
HOM031
-
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
1.1
insert detailed specification of product a
1.2
insert detailed specification of product b
HOM031
FOURTH SCHEDULE
LEAD TIMES
Product
Description of product a
HOM031
Lead Time
Lead time
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
FIFTH SCHEDULE
PART 1 : INVITATION TO TENDER
This Agreement refers to the Invitation to Tender issued by WRAP in xxxxx entitled “Procurement of
Home Compost Bins and Accessories”, reference number HOM031.
PART 2 : TENDER SUBMISSION
This Agreement refers to the Tender Submission from the Seller dated day month 2008, entitled
“insert name and appropriate reference”.
HOM031
SIXTH SCHEDULE
CONDITIONS OF PURCHASE
DATED
March 2008
CONDITIONS OF PURCHASE
for
THE WASTE & RESOURCES ACTION PROGRAMME
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
CONTENTS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
INTERPRETATION ..................................................................................................................
THE ORDER ...........................................................................................................................
DELIVERY CONDITIONS .........................................................................................................
INSPECTION AND REJECTION ................................................................................................
TITLE AND RISK ....................................................................................................................
QUALITY CONDITIONS ..........................................................................................................
PRODUCT SUPPORT ...............................................................................................................
PRICE ...................................................................................................................................
PAYMENT ..............................................................................................................................
WRAP'S PROPERTY ................................................................................................................
INTELLECTUAL PROPERTY .....................................................................................................
CONFIDENTIALITY .................................................................................................................
CORRUPT GIFTS AND PAYMENTS OF COMMISSION .................................................................
SUB-CONTRACTS BY THE SELLER ...........................................................................................
CLAUSE NOT USED. ...............................................................................................................
RACIAL AND SEX DISCRIMINATION ........................................................................................
MERGER, TAKE-OVER OR CHANGE OF CONTROL .....................................................................
ENVIRONMENTAL REQUIREMENTS .........................................................................................
DATA PROTECTION ...............................................................................................................
DISPUTE RESOLUTION...........................................................................................................
MEETINGS AND REPORTS ......................................................................................................
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
CONDITIONS OF PURCHASE
1.
INTERPRETATION
1.1
In these Conditions:
“Agreement”
means the Agreement dated day month 2008 between WRAP and the
Seller for the purchase of the Goods.
"Contract"
means the contract for the purchase of the Goods comprised in the
Agreement, the Order and these conditions.
"Goods"
means all articles materials or services specified in the Order (including any
instalment of the Goods or any parts for them) which the Seller is to sell in
accordance with these Conditions.
"Order"
means any request to the Seller made in accordance with the Agreement
to supply WRAP with Goods.
"Seller"
means the person firm or company to whom the Order is addressed.
"WRAP"
means The Waste and Resources Action Programme Limited whose
principal place of business is at The Old Academy, 21 Horse Fair, Banbury,
Oxfordshire, OX16 0AH.
"Writing"
Includes electronic mail, facsimile transmission and comparable means of
communication.
1.2
Any reference in these Conditions to any provision of a statute shall be construed as a
reference to that provision as amended, re-enacted or extended at the relevant time
1.3
The headings in these Conditions are for convenience only and shall not affect their
interpretation.
2.
THE ORDER
2.1
These Conditions shall apply to all sales made pursuant to the Agreement except to the
extent that they may be inconsistent with the Agreement or any special conditions appearing
on the face of or otherwise incorporated in the Order which shall have precedence over these
Conditions. Such special conditions and these Conditions shall contain the complete and final
agreement between WRAP and the Seller and shall not be varied except with the written
agreement of WRAP and the Seller.
2.2
WRAP will not accept responsibility for any Goods unless supplied in accordance with an
issued Order duly signed on behalf of WRAP.
2.3
All correspondence and documents including advice notes, packing notes and invoices shall
bear the Order reference number.
3.
DELIVERY CONDITIONS
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
3.1
Delivery of the Goods shall be made by the Seller at the place and to the time schedule
specified in the Order
3.2
Any time or period for delivery despatch or completion shall be of the essence.
3.3
All Goods must be properly and securely packaged to survive transit to the place of delivery,
storage, and delivery to WRAP's customer and to resist pilferage, distortion, corrosion or
contamination. All Goods must be clearly and legibly labelled and addressed. Packaging is
not returnable unless otherwise agreed.
3.4
Where Goods are forwarded to WRAP from outside the United Kingdom the interpretation of
shipping terms shall be in accordance with the latest published Incoterms.
3.5
Where the Seller is located outside the United Kingdom WRAP shall be responsible for
obtaining all import licences and the Seller shall be responsible for obtaining all necessary
export licences. In the event that either party fails to obtain any necessary licences the
Contract shall be treated as frustrated with the consequences provided by the Law Reform
(Frustrated Contracts) Acts 1943. If the Contract shall be so frustrated as to part only of the
Goods, WRAP shall be entitled at its option either to treat the contract as having been
frustrated in whole, or as frustrated as to part only.
3.6
If so required the Seller shall provide a certificate of conformance to Specification with each
delivery, and failure to supply such certificate will entitle WRAP to reject the delivery in whole
or at its discretion in part.
3.7
A packing note shall accompany each consignment and shall state the Order reference
number together with the number of packages in the consignment.
4
INSPECTION AND REJECTION
4.1
Unless otherwise agreed in Writing WRAP shall be under no duty to carry out any form of
inspection or tests to the Goods on or after delivery.
4.2
WRAP's representatives shall be allowed to visit the Seller's premises at any reasonable time
to check the progress of the work on the Goods and WRAP's representative shall be entitled
on the authority of WRAP to inspect the Goods (including their tooling and raw materials in
the course of manufacture of the Goods) which are the subject of the Order at any
reasonable time at the Seller's premises or at the premises of permitted sub-contractors.
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
4.3
WRAP reserves the right to reject any of the Goods which do not comply with the
specification or which are not of the best quality or do not reach approved standards of
design, material, workmanship or quality or which are not in accordance with the Seller's
samples approved by WRAP. WRAP may return such rejected Goods to the Seller at the
Seller's expense and risk and the Seller shall at WRAP's option credit the value of such Goods
to WRAP or supply replacement Goods free of charge within a reasonable time without
prejudice to any further remedies by way of damage or otherwise which WRAP may have
against the Seller. All costs in relation to rejection replacement and repair shall be paid by
the Seller.
4.4
Where Goods are imported, in order to allow WRAP to obtain a refund of any import duty
paid, the Seller shall provide written acceptance of the rejection and shall state the refund
replacement or repair action.
4.5
Payment by WRAP in accordance with the agreed payment terms does not constitute any
admission by WRAP as to the performance by the Seller of its obligations.
5
TITLE AND RISK
5.1
6
Without prejudice to the Seller's other obligations herein and unless otherwise agreed in
Writing the property in and the title to the Goods and the risk in the Goods shall pass to
WRAP upon delivery.
QUALITY CONDITIONS
6.1
Without prejudice to any other condition hereof the Goods and any packaging labelling or
wrapping (including the descriptions instructions and other markings thereon) shall comply in
all respects with any applicable British Standard, other International Standard and any
relevant UK laws and regulations including (but without limiting the foregoing) the Consumer
Protection Act 1987, the Consumer Safety Act 1978 and the Health and Safety at Work Act
1974 and regulations made under them.
6.2
Unless otherwise expressly stated WRAP relies entirely on the skill and judgment of the Seller
as regards all aspects of design and manufacture of the Goods and accordingly no knowledge
of the same by WRAP (whether resulting from inspection of the Seller's processes or
otherwise) or acceptance or agreement of the same by WRAP shall relieve the Seller of the
sole responsibility therefore.
6.3
The Seller warrants that:
HOM031

the Goods shall conform to the quality and specification stated in the Order; and

the Goods are free from defects in design, materials and workmanship; and

the Goods are of satisfactory quality and fit for the purpose for which they are required;
and

any services shall be provided with the exercise of professional care and skill.
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
These warranties shall survive any termination of the Agreement and are not affected by
inspection, delivery, acceptance or payment and shall endure to the benefit of WRAP's
successors, assigns, customers and users of the Goods.
6.4
Without prejudice to any other of these conditions or to any other rights and remedies of
WRAP, and whether or not such defect is revealed by WRAP's inspection, the Seller shall at
the option of WRAP promptly replace repair or refund the price of any Goods found to be
defective within the period of 12 months from sale by WRAP to a customer or 18 months
from delivery to WRAP whichever shall be the longer, whether such defect arises from faulty
design, materials or workmanship or otherwise. All costs in relation to such replacement
repair and refund shall be paid by the Seller.
6.5
The Seller will indemnify WRAP against:
loss or damage or injury whatsoever and howsoever arising caused to WRAP or for
which WRAP may be liable to third parties due to faulty design materials or
workmanship of the Goods; and

claims in respect of death or injury howsoever caused to any agent, subcontractor or
employee of the Seller while in or about WRAP's premises; and

consequential loss or damage sustained by WRAP as a result of the failure of the
Seller to supply the Goods in accordance with this Order.
6.6
Nothing in these conditions shall prejudice any condition or warranty (express or implied) or
any other right or remedy to which WRAP is entitled in relation to the Goods by virtue of
statute law common law or otherwise.
6.7
The Seller shall pass to WRAP and agrees that WRAP shall pass to its customers and/or users
all warranties and service guarantees relating to the Goods
7
PRODUCT SUPPORT
7.1
The Seller will provide WRAP with all present and future instructions relating to
the use of the Goods including inter alia the free of charge supply of technical data,
publications, modifications and spares data and in particular draw attention to any dangers
which may be met with on their handling or application or in their use in processing.
7.2
Hazardous Goods shall be marked by the Seller with International Danger Symbols and display
the name of the material in English. Transport and other documents must include a declaration
of the hazard and the name of the material in English. Such Goods shall be accompanied by
emergency information written in English in the form of written instructions, labels, or
markings. The Seller shall observe the requirements of UK and International Agreements
relating to the packing, labelling and carriage of hazardous Goods.
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
7.3
It is the Seller's duty to keep WRAP informed of any matter which may affect WRAP's exposure
to liability on resale of the Goods. This will include, but not be limited to, legislation or the
decision or order of any court having jurisdiction or advice from responsible or professional
bodies such as the British Standards Institute and the Health and Safety at Work Executive in
respect of raw materials, chemicals, components or the like used in the manufacture, assembly
or within the Goods themselves, and the experience of the Seller and his customers in the
handling, sale and use of the Goods. This duty shall include inter alia the Seller reporting what
actions he has taken and advising WRAP on any and all actions it needs to take to comply with
such advice.
7.4
Without prejudice to any other terms of the Contract, where WRAP reasonably decides that a
product recall is necessary, the Seller shall co-operate with WRAP to ensure the effective recall
of the relevant Goods without delay. The Seller shall be responsible for the full costs of that
recall including without limitation any necessary press or media activity, replacement of
products, refunds and any transport or storage costs.
8
PRICE
8.1
9
All prices are firm and unless otherwise agreed in Writing shall include VAT and all costs
including packaging, carriage and insurance to the named place of delivery. No change in price
shall be made without the written consent of WRAP.
PAYMENT
9.1
Invoices should be submitted to WRAP upon performance of the Order and should be
accompanied by a copy of the Order.
9.2
The Seller shall provide the name and address of its bank, the account name and number,
the bank sort code and any other details, in whatever format WRAP may require.
9.3
WRAP is committed to prompt payment in accordance with British Standard 7890 and shall
pay the Seller within 30 days of the receipt of a valid invoice, provided that WRAP is satisfied
that the Goods for which the invoice relates have been supplied fully in accordance with the
Agreement.
9.4
WRAP shall pay to the Seller the amount of any VAT chargeable in respect of the sale of the
Goods in accordance with the Agreement.
9.5
WRAP shall be entitled to set off against any sums payable to the Seller hereunder, any sums
properly payable to WRAP for any reason.
10 WRAP'S PROPERTY
10.1
All items such as tools, gauges, fixtures, materials, parts and drawings provided by WRAP to
the Seller shall be and remain the property of WRAP. The Seller shall maintain all such items
in good order and condition (fair wear and tear excepted) and insure them against all risks
whilst in his custody and on request shall return them to WRAP. The Seller shall not use or
permit the use of such items other than in connection with the Order. The Seller shall not be
entitled to any lien over such items and shall not allow them to be charged or to become
subject to any distraint.
11 INTELLECTUAL PROPERTY
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
11.1
The Seller warrants that neither the sale nor the use of the Goods will infringe any British or
foreign patent, copyright, trade mark, trade name, registered design, or other intellectual
property right of any third party. The Seller will indemnify WRAP from all actions, costs,
claims, demands, expenses and liabilities whatsoever resulting from any actual or alleged
infringement of any such right or alleged right and at his own expense the Seller shall defend
or assist in the defence of any proceedings which shall be brought in that connection.
11.2
All patents, registered designs, trade marks, copyright, and other intellectual property rights
in or resulting from any design or development work carried out by the Seller at the request
of WRAP in the execution of any Order shall vest exclusively in WRAP.
11.3
Any papers, documents, drawings, data and other printed matter and information in whatever
form or medium and articles of equipment supplied by or on behalf of WRAP to the Seller or
prepared by the Seller pursuant to this Agreement shall remain the sole and exclusive
property of WRAP.
12 CONFIDENTIALITY
12.1
All information, materials, designs, specifications and drawings in any format or media and
whether written, visual or oral provided by WRAP or on behalf of WRAP to the Seller shall be
treated by the Seller as confidential and shall not be disclosed to any third party. The Seller
shall not sell or supply directly or indirectly to any third party any item made in accordance
with WRAP's information, designs, specifications or drawings.
12.2
The Agreement is confidential and shall not be disclosed in whole or in part by the Seller to
any other party without WRAP's written consent.
13 CORRUPT GIFTS AND PAYMENTS OF COMMISSION
13.1
The Seller shall not accept or agree to accept from any person, or offer or agree to give to
any person, or procure for any person any commission, gift, benefit or consideration of any
kind as an inducement or reward for doing or not doing anything, or for showing favour or
disfavour to any person in relation to any contract or grant WRAP has granted or is proposing
to grant or in respect of which it has invited interested parties to tender for, or in connection
with any contract or grant in respect of which the Seller was engaged by WRAP to consider,
advise and make recommendations on.
13.1
The Seller shall not conspire with any person to do any of the acts mentioned in Condition
13.1.
13.2
The Seller shall forthwith give WRAP details of any such commission, gift, benefit or
inducement which may be offered.
Any:
(a) breach by the Seller of Condition 13; or
(b) commission of any offence by the Seller under the Prevention of Corruption
Acts
1889 to 1916 in relation to this or any other contract for WRAP’s Services;
shall entitle WRAP to terminate the Agreement and recover from the Seller the amount of any
loss resulting from such termination and recover from the Seller the amount of value of any
such gift, consideration or commission.
13.3
14
The decision of WRAP in relation to Condition 13 shall be final and conclusive.
SUB-CONTRACTS BY THE SELLER
HOM031
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
14.1
No work on this Order may be sub-contracted by the Seller (except as is customary in the
trade) nor shall the Seller assign any of its obligations hereunder without first obtaining
written approval of WRAP. All sub-contracts shall be the responsibility of the Seller and shall
where applicable be placed subject to the same terms and conditions as those contained in
the Order.
15
Clause not used.
16
RACIAL AND SEX DISCRIMINATION
16.1
17
The Seller shall not unlawfully discriminate within the meaning and scope of the provisions of
the Race Relations Act 1976, the Sex Discrimination Acts 1975 and 1986 and The Disability
Discrimination Act 1995 and shall take all reasonable steps to ensure that all servants,
employees or agents of the Seller and all sub-contractors employed in the execution of the
Agreement do not unlawfully discriminate.
MERGER, TAKE-OVER OR CHANGE OF CONTROL
17.1
18
The Seller shall forthwith inform WRAP in writing of any proposal or negotiations which may
or will result in a merger, take-over, change of control, change of name or status, or the
Seller (being a company as defined in the Companies Act 1985) shall inform WRAP of any
such change as defined in section 416 of the Income and Corporation Taxes Act 1988. The
Seller shall comply with any request by WRAP for information arising from this Condition.
ENVIRONMENTAL REQUIREMENTS
18.1
The Seller shall perform its obligations contained herein in accordance with the Seller’s
environmental policy, which was included in the Tender Submission.
18.2
All written work in connection with the Agreement shall (unless otherwise specified) be
produced on recycled paper containing at least 80% post consumer waste and used on both
sides where appropriate.
19
DATA PROTECTION
19.1
The Seller shall indemnify WRAP against all claims and proceedings, and all costs and
expenses incurred in connection therewith, made or brought against WRAP by any person in
respect of loss, damage or distress caused to that person by the disclosure, loss or
destruction by the Seller, the Seller’s servants or agents of any personal data.
19.2
In this condition “personal data” has the same meaning as in section 1 (3) of the Data
Protection Act 1984.
19.3
The Seller shall provide evidence that WRAP may publish any and all material obtained in
relation to this Agreement but not produced by the Seller, and that any personal information
provided under this Agreement conforms to the requirements of the Data Protection Act
1998.
20
DISPUTE RESOLUTION
20.1
HOM031
If any dispute of difference shall arise between the parties from or in connection with this
Agreement, its performance, construction or interpretation, the parties shall endeavour to
resolve it by negotiation. To this end, they will use their respective best endeavours to
consult or negotiate with each other, in good faith and recognising their mutual interests,
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
attempt to reach a just and equitable settlement satisfactory to both parties. Negotiations
shall be conducted between the respective senior executives of the parties who have
authority to settle such disputes or differences.
20.2
21
In the event that the dispute or difference has not been settled within 30 days or such other
period(s) agreed to in writing between the parties, the dispute shall be dealt with by way of
litigation in the English Courts which, if the parties agree, shall have exclusive jurisdiction.
MEETINGS AND REPORTS
21.1 The Seller will provide information by means of reports to the Seller in form reasonably
required by the Seller and upon reasonable notice, regarding progress of the manufacture or
acquisition of the Products and their availability for supply, and as to any other matter
reasonably required by WRAP in connection with the Agreement, and will also attend meetings
with WRAP at WRAP’s premises on reasonable notice at any time up to 6 months after the date
of the last delivery of the Goods in accordance with the Agreement.
HOM031
SEVENTH SCHEDULE
INSURANCE
The Seller shall put in place and maintain product liability insurance for a sum no less than
£5,000,000.00.
HOM023
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Schedule 1 – Home Compost Bins – UNIT PRICE QUOTATION
Tenderer / Manuf.
Capacity (ltrs)
Product Description
Price for minimum number of units (£) – including storage
and delivery to WRAP’s carriers and VAT
0.1k
Lot No.
REF. No.
1k
10k
50k
100k
150k
200k
‘X’
1. Small (150300ltr)
Max
Units
available
Total/ week
Lead Time
(Man.)
Lead
Time
Delivery
2. Medium
(300-600ltr)
3. Large
(>600ltr)
4. Wormery
Features
Y/N
Material Type
Recycled
Content
(mm)
5. Kitchen
Composter or
Digester
Door
6. Accessory
Hatch
Dimensions
Vents
Length
Lid
Width
Other
Height
Other relevant information
Please indicate separately the amounts allowed in the costs given above for storage and
for delivery.
HOM023
WRAP
Tender Invitation Document: HOM031 Procurement of HC Bins & Accessories. April 2008
Schedule 2 – Summary – Product Selection
Tenderer
LOT
NO.
HOM023
REF No.
Description
Max.
Unit Price for Max Qty
Quantity
inclusive of VAT(£)