Restricted – Contracts Reference: 138244 April 2009 INVITATION TO TENDER (ITT) Date: 17th April 2009 Central Government Invitation to Tender Ref: CASE 138244 Dear Sir PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES The Scottish Ministers invite you to tender for the above requirement. The attached documents describe how the Tenderer is to submit the Tender and list the items to be submitted with the Tender. The documents included in the Invitation to Tender are listed below. This Invitation to Tender Letter Schedule 1 Instructions to Tenderers Schedule 2 Tenderer's Submission Requirements Schedule 3 Form of Tender Schedule 4 List of proposed subcontractors Schedule A Terms and Conditions of Contract Schedule B Specification Schedule C Pricing Document. The ITT states the terms of the proposed Contract, and the specification provides information about how the Supplier is to provide the services. You are required to return, as part of your Tender, those documents listed at paragraph 4.1 of the Instructions to Tenderers. It is your responsibility to ensure that your Tender is complete. We deem a submission of a Tender in response to this invitation as your acceptance of the attached instructions to Tenderers. We look forward to receiving and evaluating your Tender. If you do not intend submitting a Tender please email the point of contact detailed in Schedule 1 stating your reason for not wishing to participate. The Tender return time and date is 3pm on 18th May 2009. Yours faithfully Caroline Lennox/Patricia Malloy Portfolio Specialist For the Scottish Ministers Restricted – Contracts Reference: 138244 April 2009 CENTRAL GOVERNMENT INVITATION TO TENDER for the provision of Interpreting, Translation and Transcription Services REFERENCE: CASE 138244 Restricted – Contracts Reference: 138244 April 2009 CENTRAL GOVERNMENT PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES SCHEDULE 1 INSTRUCTIONS TO TENDERERS CASE 138244 Restricted – Contracts Reference: 138244 April 2009 Schedule 1 INSTRUCTIONS TO TENDERERS 1 COMMENCEMENT/DURATION 1.1 It is the intention of the Scottish Ministers (herein referred to as The Authority) that any Framework Agreement(s) resulting from this Invitation to Tender (ITT) will commence in July 2009 for a period of 3 years with the option to extend for a further 12 month period thereafter at the discretion of the Scottish Ministers. 2 COMMUNICATION 2.1 The Authority’s point of contact for this Invitation to Tender up to Framework Agreement award is: Caroline Lennox/Patricia Malloy Portfolio Specialist Central Government Centre of Procurement Expertise Meridian Court Cadogan Street Glasgow G2 6AT Telephone: 0141 242 5509 Email: caroline.lennox@scotland.gsi.gov.uk or patricia.malloy@scotland.gsi.gov.uk 2.2 The Authority’s point of contact for queries and clarifications is Caroline Lennox/Patricia Malloy and Scott McCrindle (0141 242 5953). The Authority may only respond to queries or requests for additional information that are received earlier than 11 May 2009. The Authority’s response to any query may be provided to all Tenderers. The source of the original query will not be revealed. 2.3 All communications in connection with this ITT shall be in writing or by email. 3 GENERAL 3.1 The return date and time for your Tender submission is 18th May 2009 at 3 pm. 3.2 Before the Tender return date, the Authority may modify the ITT by the Authority’s point of contact issuing addenda. The procedure for receiving submissions will be detailed in any such addenda. The Authority will not request further information after 11 May 2009 without indicating an extension to the return date. 3.3 This ITT and any associated correspondence are subject to the laws of copyright and must not be reproduced, whether in whole or in part, without the prior written consent of the Authority. 3.4 You may not in any way advertise or publicly announce that you are entering into discussions with and/or undertaking work for the Authority without the Authority's prior written consent. 3.5 Under the Freedom of Information (Scotland) Act, 2002, the Authority must reject any Tender which includes a blanket claim for confidentiality. The Authority may be required to disclose information: according to the provisions of the Freedom of Information (Scotland) Act, 2002; according to EU Directives or any other legislation; and, to those UK Government departments and bodies which are entitled to it. Schedule 1-1 Restricted – Contracts Reference: 138244 April 2009 Receipt by the Scottish Ministers of any material marked “confidential” or equivalent should not be taken to mean that the Scottish ministers accept any duty of confidence by virtue of that marking. Scottish Ministers will publish, on the Scottish Government website, the names and contact details of companies who have been issued with an Invitation to Tender. 3.6 The issue of an ITT is not a commitment by the Scottish Ministers - ‘the Authority’ - to place an order as a result of the Tendering exercise or at a later stage. Any expenditure, work or effort undertaken prior to an offer of contract and acceptance thereof, is a matter solely for the commercial judgement of your company. 4 DOCUMENTATION TO BE SUBMITTED 4.1 Please include the following documents in your Tender, completed and signed as required: Schedule 2 all the items required by the Tenderer’s Submission Requirements Schedule 3 Form of Tender Schedule 4 List of proposed subcontractors Schedule C Pricing Document. 4.2 The Authority does not seek alternative Tenders (i.e. Tenders not wholly compliant with the Authority requirements as set out in this ITT. 5 PREPARATION OF TENDERS 5.1 The Tender shall be submitted in the English language. 5.2 You will bear all your own costs associated with this tendering exercise. 5.3 You are responsible for raising a query promptly where you believe that any information may be incorrect or may have been omitted from the Invitation to Tender. 5.4 Tenders shall remain valid and open for acceptance for 6 months after the Tender return date. In exceptional circumstances, the Authority’s point of contact may request that the Tenderer extend the validity period for a specified additional period. Except for manifest error or as may otherwise expressly be agreed by both the Authority and the Tenderer, the contents of submitted Tenders will be deemed to be binding upon the Tenderer and open for acceptance by the Authority for the duration of the validity period. The Tenderer is therefore cautioned to verify its proposal before submission to the Authority since it is the Tenderer’s responsibility to ensure that a full appreciation, understanding and comprehension of the Services required, stated or implicit has been achieved prior to Tender submission. No claims will be accepted for items that arise from the Tenderer’s failure to meet these requirements. 6 TENDER SUBMISSION 6.1 Completed ITTs must be submitted via the Scottish Government Electronic Tender Service (ETS). 6.2 ITT responses submitted via the ETS must be received in full prior to the closing time. The date and time of receipt of your lodged ITT is the date and time shown on the ETS receipt. Immediately prior to submitting an ITT response electronically, you shall check the electronic files making up the ITT response for viruses using current virus checking software, and shall remove all viruses from the files. Schedule 1-2 Restricted – Contracts Reference: 138244 April 2009 6.3 Lodgement of large electronic files may take time, so candidates should allow sufficient time to fully transmit the ITT response prior to the closing time. The speed with which ITT submissions are made is dependent upon the file size of the document in question. The inclusion of graphics, logos, photographs etc. considerably increases the size of electronic files and should be omitted wherever possible. Electronic signatures are not required where ITT’s are submitted electronically. 6.4 The Scottish Ministers shall not be liable for the loss, damage, destruction of files submitted via the ETS, howsoever caused. Corruption or readability of files submitted via the ETS may not be discovered by the Scottish Ministers until after the closing time. 6.5 Tenderers are advised that their responses may be reproduced by the Scottish Ministers and that no further indication or request will be made. Such reproduction will be for use by the Scottish Ministers solely in connection with this exercise. 6.6 The Tenderer shall ensure that the Authority receives the Tender in the manner specified by no later than the return date and time. 6.7 If the Tender is from a consortium, please note that only one Tender from the consortium, nominating a lead organisation (which will be responsible for administration of the Contract and in which regard shall also act as the central point for payment purposes), will be accepted. The full names, designations, and current addresses of all members of the consortium and the lead organisation will require to be submitted. In addition, the Framework Agreement and ancillary documentation will be entered into with all members of the consortium, who will in these circumstances each be required to execute said Framework Agreement together with all ancillary documentation, evidencing their joint and several liability in respect of the obligations and liabilities of the Framework Agreement. Aside from the foregoing, it will otherwise generally be for the members of the consortium to sort out their respective liabilities amongst each other. 6.8 Confidentiality of Tenders Please note the following requirements, any breach of which will invalidate your tender. You must not: 6.9 tell anyone else, even approximately, what your tender price is or will be, before the time limit for delivery of tenders. try to obtain any information about anyone else’s tender or proposed tender before the time limit for delivery of tenders. make arrangements with anyone else about whether or not they should tender, or about their or your tender price Price In order to facilitate the comparison of Tenders, the prices quoted for the Services must be calculated in strict accordance with the definition of Contract Price included in the Conditions of Contract. 6.10 The Tenderer must submit the quotation in the format required by the Pricing Schedule at Schedule C. 7 7.1 EVALUATION OF TENDERS The Authority may, without liability or obligation to any Tenderer: accept or reject any Tender or alternative Tender; accept only such part or parts of any Tender it shall deem to be appropriate; enter into one or several Framework Agreement(s); cancel the Invitation to Tender process and reject all Tenders at any time prior to the formation of a Framework Agreement. Schedule 1-3 Restricted – Contracts Reference: 138244 April 2009 7.2 A Tender may be deemed unacceptable if the Tenderer (a) does not acknowledge that the Terms and Conditions of Framework Agreement included with the ITT have been taken into account with the Tender; and (b) does not offer a marked up revision of the provided Terms and Conditions of Framework Agreement included within this ITT. 7.3 The evaluation criteria will include emphasis on quality as well as price. Each tender will be subject to a Technical and Financial Analysis, and a Commercial Analysis. The aim of the evaluation is to select the tenders which represent the most economically advantageous tender. The analysis will assess the tenderers ability to meet Statement of Requirement and will establish the full price of tenders. The aim of the evaluation is to select the tender(s) which represent the best overall value for money. To achieve this a tender rating system will be used and this will cover the following aspects: 7.4 Tender Evaluation Criteria The information provided in your Tender will be used by the Authority to evaluate the offer in accordance with the following weightings: The technical evaluation of bids will be undertaken by an evaluation team comprising the User Intelligence Group (UIG) personnel and shall account for 70% of the overall bid score. The criteria is listed at Annex A to this schedule. The commercial evaluation of bids will be undertaken by CGCoPE Commercial personnel only and shall account for 30% of the overall bid score. The criteria is listed at Annex B to this schedule. 7.5 The Authority may, as appropriate, enter into Tender clarification and commercial discussions with any Tenderer(s). 7.6 Tenderers Briefing Day Prior to submission of offers, all tenderers are invited to attend a briefing by the Authority on Tuesday 5 May 2009 at 1200hrs at 5 Atlantic Quay, James Watt Conference Room A, 150 Broomielaw, Glasgow G2 8LU. The briefing shall be conducted by representatives of the Authority and shall cover the service requirement set out at Schedule 2 of the ITT and the tender process. The presentation will give tenderers the opportunity to ensure that they hold a full understanding of the Authority’s requirements. Details of the names of the persons attending the Briefing, limited to a maximum two persons per company, should be submitted by Tuesday 28 April 2009 to: Scott McCrindle CGCoPE 1st Floor, Meridian Court 5 Cadogan Street Glasgow G2 6AT Tel: 0141 242 5953 Fax: 0141 242 5599 E-mail: scott.mccrindle@scotland.gsi.co.uk 7.7 The Authority may specify additional requirements or agree Conditions of Framework Agreement as appropriate to the specific requirement with a selected Tenderer(s) at any time prior to formal Framework Agreement award. Similarly, the final scope and content of the Framework Agreement will be agreed prior to Framework Agreement formation. Schedule 1-4 Restricted – Contracts 7.8 The notice inviting Tenders was advertised in Public Contracts Scotland, and as a result the Scottish Government will publish, unless there are specific and valid reasons for not doing so, award details in Public Contracts Scotland. Although this requirement was not advertised in the OJEU, it is a Part B service and the following information on the contract awarded will be published in the OJEU: 7.9 8 8.1 9 Reference: 138244 April 2009 Contractor’s Name; Nature of goods or service to be supplied; Award criteria; Rationale for contract award; Headline price of the contract awarded. Under no circumstances should a successful tenderer(s) confirm to any third party the fact of their acceptance of an offer of contract prior to informing the Authority of their acceptance, and/or ahead of the Authority’s announcement of the award of contract. NOTIFICATION OF AWARD Tenderers will be notified in writing as soon as possible when the Authority has completed the evaluation process. Debriefing will be provided to all Tenderers upon request. FORMATION OF THE FRAMEWORK AGREEMENT 9.1 It is the Authority’s intention to set up a Framework Arrangement (“Contract”) with a Contractor(s) for the requirement covered by the enclosed Schedules. 9.2 The Authority reserves the right to approach the Contractor with regard to adding further Services which fall within the generic range specified in the Statement of Requirement, as and when required. 9.3 No guarantee can be given as to the number of Service requirements that the Contractor will be required to supply. In any event the Authority shall not be bound to order any of the Services referred to in the Statement of Requirement nor to accept or pay for any Services other than those actually ordered. 9.4 Due to the nature of the requirement it is not possible to estimate future usage of the services to be provided. The Authority has detailed at Schedule B a breakdown of the estimate spend for the main users for interpreting, translation and transcription services. The Authority shall not be bound by the numbers quoted and the actual usage of the services provided during the period of the Framework Arrangement may be more or less than this number. The Authority shall only pay for those services ordered and received in accordance with the Statement of Requirement (SOR). 9.5 It is the Authority’s intention to place a single Framework Arrangement for the entire requirement on a national basis. However, the Authority reserves the right to place a number of Framework Arrangements where there is insufficient capacity in providing the services requested, from one contractor. 9.6 Tenderers should note that the Authority has the right to accept all or part of bids. 9.7 Execution of the Framework Agreement shall be deemed to have taken place when both the successful Tenderer(s) and the Authority have signed the duplicate bound copies of the Framework Agreement. 9.8 Any instruction, verbal or written, issued by the Authority or any Authority’s representative against this ITT will not be binding unless the Framework Agreement has been executed. Schedule 1-5 Restricted – Contracts Reference: 138244 April 2009 9.10 Before the formation of a Framework Agreement the Authority's point of contact may require the Tenderer to submit for the Authority's acceptance: Any collateral warranties and guarantees required in terms of the Terms and Conditions of Framework Agreement Any parent company guarantees and bonds required in terms of the Terms and Conditions of Framework Agreement The policies and certificates for insurance to be provided by the Supplier Schedule 1-6 Restricted – Contracts Reference: 138244 April 2009 Annex A to Schedule 1 TECHNICAL EVALUATION (70%) Schedule 2 Paragraph 1.1 1.2 Question/Request SOR Weighting The following information MUST also be included in the tender response, failure to provide all of this information will result in the tender being disqualified: a) Bank Details including name, address and the telephone number of the account manager. PASS/FAIL b) One copy of your organisations audited accounts and the accounts of your group for the last 2 years in English and in UK Sterling together with the details of any significant changes since the last year end. Copies of the accounts should be signed and dated by directors and auditors (preferably scanned if being submitted electronically. In addition tenderers must provide a yes or no answer to the following: PASS/FAIL a) Is the organisation bankrupt or being wound up, having its affairs administered by the court, or have you entered into an arrangement with creditors, suspended business activities or any analogous situation arising from similar proceedings under national laws or regulations? PASS/FAIL b) Is the organisation the subject of proceedings for a declaration of bankruptcy, for compulsory winding-up or administration by the court or for an arrangement with creditors or of any other similar proceedings under national laws or regulations? PASS/FAIL c) Has any employee whom you would propose to use to deliver this service been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata ? PASS/FAIL d) Has any employee whom you would propose to use to deliver this service been guilty of misrepresentation in supplying or failing to supply the information that may be required in this Section? PASS/FAIL e) Has any employee whom you would propose to use to deliver this service been guilty of grave professional misconduct, proven by any means which the contracting authorities can justify? PASS/FAIL f) Has the organisation failed to fulfil obligations relating to the payment of social security contributions in accordance with the legal provisions of the United Kingdom or the country in which it is established? PASS/FAIL g) Has the organisation failed to fulfil obligations relating to the payment of taxes in accordance with the legal provisions of the United Kingdom or the country in which it is established? PASS/FAIL A matter already settled in court Schedule 1, Annex A-1 Restricted – Contracts Schedule 2 Paragraph 2.1 2.2 2.3a 2.3b 2.4 2.5 2.6 2.7 2.8 2.9.1a 2.9.1b 2.9.1c 2.9.1d 2.9.1e Reference: 138244 April 2009 Annex A to Schedule 1 Question/Request Tenderers must provide an overview of their organisation and identify where this contract will fit into the management structure and other contracts. Details of the proposed management structure for this contract should be provided including and organisation chart and management profile for the Account Management team. (Management profiles should contain details of experience and qualifications pertinent to this contract and not exceed ½ page A4 per profile). The proposed principal point of contact should be named and a one page (A4) CV provided to include a complete working history, and relevant professional skills / qualifications including length of service in your organisation. Details of all other contracts they are responsible for must be provided. If the tender is shortlisted, the Authority will require to meet the nominated Account Management Team, prior to the contract being awarded. Tenderers must provide an executive summary of their proposal. It must include (as a minimum) an overview of your understanding of the Specification and your organisation’s proposed approach and plans for satisfying and supporting the requirements and pricing arrangements. This summary should be for each of the 3 services described. (max 2 page A4). Tenderers must provide a statement of how they will meet the requirements, from the outset of the contract award. This statement should be for each of the 3 services described. (max 2 page A4) Tenderers must confirm compliance with all areas of the Specification by completing the Compliance Schedule at the end of Schedule 2. Any areas that cannot be met must be identified within the Compliance Schedule and an assessment of their impact on the service provision given. Tenderers must state any assumptions made in putting together their proposal. (max ½ page A4) Tenderers must outline any perceived risks in meeting any area of the Specification. Risks should be addressed in terms of impact and likelihood. Mitigating actions must be identified. (max 1 page A4) Tenderers must provide an implementation plan, with activities And minimum required timescales for completion following contract award including transitional arrangements. Tenderers must describe how the account manager (referred to in Section 11.1 of Schedule B) will meet the requirements of the specification. Tenderers should provide evidence of their organisations practical experience in providing Interpreting Services Tenderers should how they will remain flexible to the needs of individual Collaborative Partners whilst maintaining a consistency in levels of service. Tenderers should provide details of the Scottish based interpreters on the databases and their locations e.g. 4 x Inverness, 3 x Glasgow etc. Tenderers should state what arrangements they intend to put in place to provide the interpreting service should local provision not be available. Tenderers should confirm they can provide national (Scotland) coverage (including the Highland and Islands). Schedule 1, Annex A-2 SOR Weighting 3 8 6 6 PASS/FAIL 1 7 5 5 10 5 10 7 PASS/FAIL Restricted – Contracts Schedule 2 Paragraph 2.9.1f 2.9.1g 2.9.1h 2.9.1i 2.9.2a 2.9.2b 2.9.2c 2.9.2d 2.9.2e Reference: 138244 April 2009 Annex A to Schedule 1 Question/Request Tenderers should provide details of the level of qualification and experience of the interpreters on your databases, for example, the total number of interpreters and the number of interpreters who are qualified with the Diploma in Public Service Interpreting (DPSI) and the particular option of the qualification they hold (Note: the largest area of demand for this service provision will be within the Scottish Legal Sector), the number of interpreters who have experience in court work and languages spoken. With reference to the quality aspect of the provision of this service, it is important that Tenderers describe how your organisation will raise the level of the numbers of DPSI qualified and court experienced interpreters, over the period of any resultant contract. This response may include proposed valueadded deliverables and services not already specified in the Specification. Tenderers should provide evidence of their plans for the Continuous Professional Development for interpreters. Tenderers must provide contact details for two referees for work within the last two years that is similar or the same to that required in this service. Details of the information required are held at Annex A to Schedule 2. Note that contact will be made with referees without further reference to you. Tenderers should provide evidence of their organisations practical experience in sourcing and placing Translating and Transcribing Services in this area of specialism. Tenderers should detail how they will remain flexible to the needs of individual Collaborative Partners whilst maintaining a consistency in levels of service. Tenderers should provide details of the level of qualification and experience of the translators and transcribers you provide, for example, the total number of translators and transcribers and the number of translators and transcribers on your databases who are qualified with the Diploma in Translation (Dip Trans), the number of transcribers who are qualified with the ‘standard English Braille’ qualification and also with qualifications similar to RNIB's DAP (Digital Audio Production) manual standards, the number of translators and transcribers who have experience in court work and languages spoken (Note: currently the largest area of demand for this service provision will be within the Scottish Legal Sector). With reference to the quality aspect of the provision of this service, it is important that Tenderers describe how your organisation will raise the level of the numbers of (Dip Trans) qualified and experienced translators and the numbers of qualified and court experienced transcribers, over the period of any resultant contract. This response may include proposed value-added deliverables and services not already specified in the Specification. Tenderers should provide evidence of their plans for the Continuous Professional Development for translators and transcribers. Schedule 1, Annex A-3 SOR Weighting 10 10 8 2 5 2 5 5 8 Restricted – Contracts Schedule 2 Paragraph 2.9.2f 2.9.2g 2.9.3 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 Reference: 138244 April 2009 Annex A to Schedule 1 Question/Request With reference to the five levels of turnaround for translators and transcribers Schedule B Para 3.6.5. It is envisaged that occasionally there will be requirements for large scale work that cannot be fitted within these timescales: for example, a 500 page document to be transcribed and translated, involving design work. Tenderers should advise their parameters or limits for such large scale work. Tenderers must provide contact details for two referees for work within the last two years that is similar or the same to that required in this service. Details of the information required are held at Annex A to Schedule 2. Note that contact will be made with referees without further reference to you. Tenderers will need to demonstrate how they will make maximum use of electronic means for the transfer of documents where feasible. Tenderers should explain how this will be achieved, stating the technologies, media and methods they intend to deploy. Tenderers should also explain how they will address the issues of (i) security and (ii) typeface for nonwestern European languages. Tenderers should provide a process flow diagram to illustrate the process from receipt of order to delivery. Tenderers should confirm which of the languages in Schedule B Annex 1 they can provide. Tenderers should complete and return this Annex. Tenderers must provide details of what additional languages they can provide. Tenderers should provide a statement explaining how they will source suitable interpreters for any additional language required. Tenderers must identify how their organisation intends to ensure that interpreting, translation and transcription service levels are achieved and maintained irrespective of geographic location, while meeting the evolving needs of the Collaborative Partners. (max 1 page A4) Tenderers must confirm that they would provide back-to-back service levels with any sub-contractors to the contract. Particular reference should be made to areas of geographic difficulty, in relation to consistency of service for all Collaborative Partners. If appropriate, tenderers must provide details of any previous experience as either a main contractor or subcontractor. Tenderers should provide details of which of the services they intend to subcontract and how much of these services do you intend to subcontract. Tenderers must provide information on the policies and procedures they have in place to ensure that all work undertaken for the Collaborative Partners is to agreed standards and how this is built into different aspects of the work. Information must be included on how your organisation would assess the particular requirements of a Collaborative Partner and relate to your management of Interpreting, Translation and Transcription services during assignments. Tenderers must outline their procedures for managing complaints or problems and detail the escalation procedures in place for the Collaborative Partners at both an operational and contractual level in line with section 10 and 11 of the Specification. (max 1 page A4) Schedule 1, Annex A-4 SOR Weighting 3 2 6 9 1 7 8 4 4 5 2 Restricted – Contracts Schedule 2 Paragraph 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 Reference: 138244 April 2009 Annex A to Schedule 1 Question/Request Tenderers should detail how they will maintain a Help-Desk facility to provide assistance to customers, information on ordering procedures, and advice and guidance on translation and transcription questions. Tenderers should also indicate whether they host a website giving information about this and other services that are provided. Tenderers should detail how they will maintain a 24 hours, 7 days a week reservation line for receiving short notice requests on interpreting services e.g. requests made by the police on behalf of one of the collaborative partners. Tenderers must provide details of your standard procedures for monitoring, evaluating and maintaining quality of service and for ensuring timely and accurate delivery of contracts (Section 4 of Schedule B refers). The Tenderer shall as part of their tender submission provide details of their quality plan which shall set out the steps to be taken to ensure delivery of the required level of performance (Section 4 of Schedule B refers). Key areas in respect of quality will be: a. Quality plan; b. Internal systems and procedures; c. Quality of resources including sub-contracted translators and transcribers; d. Quality of monitoring, reporting and corrective actions including measuring user satisfaction, provision of a complaints mechanism, and a process for dispute resolution; e. Quality of induction of users f. Continuous improvement strategy g. Independent quality measurement tools employed e.g. EFQM, IiP, BS, etc. Tenderers must describe your quality assurance and control procedures and whether your organisation has sought accreditation under any recognised accreditation scheme and the outcome. Tenderers should provide details of how they will provide the management information required within section 9, Schedule B of the Specification including an example of the format. Tenderers must provide examples of management information with reference to Section 9.1 of Schedule B that their organisation currently supplies to other organisations, detail any innovative practices they can offer and explain how this has added value for current clients. Tenderers must indicate which of the content options (either eCatalogue or punchout) for e-procurement that they could provide (see section 12.12 of the Specification) and detail any experience that their organisation has in facilitating such a solution. (max 1 page A4 Tenderers must indicate which of the connection options for eprocurement that they could provide (see section 12.13 of the Specification) and detail any experience that their organisation has in facilitating such a solution. (max 1 page A4) Tenderers must indicate which of the payment options outlined in section 12.14 of the Specification they can facilitate. The tenderer should use this question to propose innovative and progressive e-commerce solutions (e.g. self billing, electronic timesheets). Schedule 1, Annex A-5 SOR Weighting 2 PASS/FAIL 5 8 2 3 2 2 1 1 Restricted – Contracts Schedule 2 Paragraph 2.28 2.29 2.30 3.1 Reference: 138244 April 2009 Annex A to Schedule 1 Question/Request Tenderers must identify their organisation’s Unique Selling Point (USP) in terms of attracting good quality Interpreters, Translators and Transcribers which sets their organisations apart from others offering similar services. (max 1 page A4) Tenderers must describe how their organisation would maximise opportunities for sharing best practice across the Collaborative Partners. Any information requested in any part of this document, but not included elsewhere should be given under this heading. The tenderer is free to provide additional information, e.g. proposed value-added deliverables and services not already specified in the Specification. These should be kept separate from that which is specifically requested. Tenderers must detail their organisation’s experience of applying the Baseline Personnel Security Standard (or equivalent standard), including how they carry out appropriate checks. In addition, detail experience of using the Disclosure Scotland process and if any a higher level of security clearance. SOR Weighting 2 4 2 4 3.2 The Contractor must provide a secure and confidential translation and transcribing facility. Tenderers should detail the safeguards and measures proposed to deal with materials carrying a security or confidential classification and otherwise sensitive documents, including but not limited to IT security procedures. 2 3.3 Tenderers must outline the methods that their organisation would employ to meet the required timelines and handle urgent requests for Interpreting Translation and Transcription services. Please refer to section 7 of the Specification. (max ½ page A4) 5 3.4 Tenderers must demonstrate that their organisation has effective and robust diversity and equality policies in place and how these are implemented in practice. Provide one copy of the organisation’s Equal Opportunities policy statement and arrangements that are in place to ensure compliance with current UK Equal Opportunities legislation. This should cover, but not be limited to, the Disability Discrimination Act 2005, Race Relations Amendments Act 2006 and Equality Act 2006. 5 3.5 Tenderers must provide one copy of the organisation’s Health & Safety policy statement and arrangements that are in place to ensure compliance with UK Health & Safety legislation, in particular the Health & Safety at Work Act 1974 and The Management of Health & Safety at Work Regulations 1999. NOTE: If a Tender is submitted from consortia and/or involves sub-contractors, one policy only will be required and all consortia members/sub-contractors will be required to adhere to the single policy. 3 Schedule 1, Annex A-6 Restricted – Contracts Schedule 2 Paragraph 3.6 Reference: 138244 April 2009 Annex A to Schedule 1 Question/Request The Authority expects suppliers to full comply with their obligations in respect of relevant legislation and other regulatory requirements applicable to the type of Goods, Services or Works being provided. Whilst specific legislation such as the Race Relations Amendment Act, the various Employment Equality Regulations, Health and Safety, COSHH or environmental regulations, etc may be mentioned in this ITT you should provide a response to the following question in terms of compliance with all legislation and regulatory requirements: SOR Weighting 2 a) In the last three years, has your organisation been subject to any formal investigation, or has any finding been made against your organisation by any court or tribunal or in comparable proceeding in any other jurisdiction in respect of alleged or actual breach of legislation? Your response should highlight any known pending infraction cases. b) If the answer is yes (to the previous question), what steps have you taken as a result of that finding. 3.7 4.1 4.2 4.3 4.4 4.5 Tenderers must indicate the steps their organisation has undertaken, or take, to ensure the observance of legislative and statutory provisions by their employees and any sub-contractors proposed by them for the performance of any services resulting from this tender. Any supplier or organisation which has been the subject of an adverse ruling, or is suspected of having failed to meet its legal obligations, may be excluded from future competition or bidding for contracts until such time as they can demonstrate that appropriate remedial action has been taken. Tenderers must confirm that they hold the necessary Employer’s Liability, Public Liability and Professional Indemnity insurance as outlined in the Terms & Conditions. Copies of the relevant documentation must be provided Any contract resulting from this procurement will be subject to Terms & Conditions of contract (Schedule A). Tenderers must confirm that, if their proposal is shortlisted after evaluation, they agree to contract with the Authority on these conditions. The Authority reserves the right to reject without further consideration where tenderers have not indicated compliance. Tenderers must provide comprehensive detail on how their organisation will contribute to the creation of improved cost savings and value for money across the Scottish central government sector. a.) Tenderers must provide proposals on service credits, against the service levels at Schedule B Annex 7. b.) In addition tenders must detail the number of qualified interpreters (DPSI - legal) you will provide for years 1 to 3 of the contract period. Note: This figure should increase year on year. Schedule B Annex 7, numbers 5 to 7 refer. Tenderers must complete and return the, Compliance to Specification check list held at Annex C to Schedule 2. Schedule 1, Annex A-7 4 PASS/FAIL PASS/FAIL 8 N/A 8 PASS/FAIL Restricted – Contracts Reference: 138244 April 2009 Annex B to Schedule 1 COMMERCIAL/CONTRACTUAL EVALUATION (30%) The Commercial/Contractual Evaluation shall address inter alia the following: 1. Price provided (30%) 2. That your offer is commercially compliant in all respects; 3. That there are no fundamental reservations regarding the Authority’s terms and conditions Schedule 1, Annex B-1 Restricted – Contracts Reference: 138244 April 2009 CENTRAL GOVERNMENT PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES SCHEDULE 2 TENDERER’S SUBMISSION REQUIREMENTS REFERENCE CASE 138244 Restricted – Contracts Reference: 138244 April 2009 Schedule 2 TENDERER’S SUBMISSION REQUIREMENTS The information requested from the Tenderer in this Schedule 2 will be used in conjunction with commercial and technical criteria during the Tender evaluation process. It is therefore essential that you supply all the information requested. The information requested will be evaluated in two stages, the questions below, at paragraph 1 of Schedule 2 – Tenderer’s Submission Requirements, make up the first stage of the evaluation. Failure to disclose information relevant to the questions in paragraph 1 may result in your exclusion from this and/or other competitions. Should the response be found to be erroneous or in any other way incorrect, any subsequent tender submission from the bidder will be deemed void. In the case where the error or misrepresentation is not discovered until after the contract is awarded, we reserve the right to terminate the contract and all costs incurred by us as a result of the termination shall be recoverable from the provider under the contract. The information requested in paragraph 2 onwards will be deemed as non compliant should the tenderer fail to answer all the questions at paragraph 1. The tenderers may also be sifted out if they answer “Yes” in respect of the information requested at paragraph 1.2 of this schedule 2. In this circumstance further investigation will be required by CGCoPE. In response to the following questions in paragraph 2 onwards, in Schedule 2 to this invitation to tender document, Tenderers must: Ensure all responses and evidence provided is relevant to the specific question. Not submit generic promotional literature. Where possible limit responses as outlined below All questions within this schedule must be answered and submitted in the order given 1. FINANCIAL INFORMATION AND BUSINESS PROBITY 1.1 The following information MUST also be included in the tender response, failure to provide all of this information will result in the tender being disqualified: a) Bank Details including name, address and the telephone number of the account manager b) One copy of your organisations audited accounts and the accounts of your group for the last 2 years in English and in UK Sterling together with the details of any significant changes since the last year end. Copies of the accounts should be signed and dated by directors and auditors (preferably scanned if being submitted electronically) 1.2 In addition tenderers must provide a yes or no answer to the following: a) Is the organisation bankrupt or being wound up, having its affairs administered by the court, or have you entered into an arrangement with creditors, suspended business activities or any analogous situation arising from similar proceedings under national laws or regulations? b) Is the organisation the subject of proceedings for a declaration of bankruptcy, for compulsory winding-up or administration by the court or for an arrangement with creditors or of any other similar proceedings under national laws or regulations? Schedule 2-1 Restricted – Contracts Reference: 138244 April 2009 c) Has any employee whom you would propose to use to deliver this service been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata ? d) Has any employee whom you would propose to use to deliver this service been guilty of misrepresentation in supplying or failing to supply the information that may be required in this Section? e) Has any employee whom you would propose to use to deliver this service been guilty of grave professional misconduct, proven by any means which the contracting authorities can justify? f) Has the organisation failed to fulfil obligations relating to the payment of social security contributions in accordance with the legal provisions of the United Kingdom or the country in which it is established? g) Has the organisation failed to fulfil obligations relating to the payment of taxes in accordance with the legal provisions of the United Kingdom or the country in which it is established? A matter already settled in court 1.3 Tenderers should provide details of the numbers of staff they employ and their annual turnover. 2. PROPOSALS FOR SERVICE DELIVERY & IMPLEMENTATION 2.1 Tenderers must provide an overview of their organisation and identify where this contract will fit into the management structure and other contracts. Details of the proposed management structure for this contract should be provided including an organisation chart and management profile for the Account Management Team. (Management profiles should contain details of experience and qualifications pertinent to this contract and not exceed ½ page A4 per profile) 2.2 The proposed principal point of contact should be named and a one page (A4) CV provided to include a complete working history, and relevant professional skills / qualifications including length of service in your organisation. Details of all other contracts they are responsible for must be provided. If the tenderer is shortlisted, the Authority will require to meet the nominated Account Management Team, prior to the contract being awarded. 2.3 a.) Tenderers must provide an executive summary of their proposal. It must include (as a minimum) an overview of your understanding of the Specification and your organisation’s proposed approach and plans for satisfying and supporting the requirements and pricing arrangements. This summary should be for each of the 3 services described. (max 2 page A4) b.) Tenderers must provide a statement of how they will meet the requirements, from the outset of the contract award. This statement should be for each of the 3 services described. (max 2 page A4) 2.4 Tenderers must confirm compliance with all areas of the Specification by completing the Compliance Schedule at the end of Schedule 2. Any areas that cannot be met must be identified within the Compliance Schedule and an assessment of their impact on the service provision given. 2.5 Tenderers must state any assumptions made in putting together their proposal. (max ½ page A4) Schedule 2-2 Restricted – Contracts Reference: 138244 April 2009 2.6 Tenderers must outline any perceived risks in meeting any area of the Specification. Risks should be assessed in terms of impact and likelihood. Mitigating actions must be identified. (max 1 page A4) 2.7 Tenderers must provide an implementation plan, with activities and minimum required timescales for completion following contract award including transitional arrangements. 2.8 Tenderers must describe how the account manager (referred to in Section 11.1 of Schedule B) will meet the requirements of the specification. 2.9 The Contract will be let as a framework arrangement(s) with the successful Contractor(s) able to deliver Interpreting, Translation and Translation services. The specialist areas are noted below: Interpreting (face to face) Translation and Transcription Tenderers are invited to submit a response for all of the specialism’s listed above by completing the appropriate section 2.9.1 to section 2.9.3. 2.9.1 Interpreting Services a. Tenderers should provide evidence of their organisations practical experience in providing Interpreting Services. b. Tenderers should detail how they will remain flexible to the needs of individual Collaborative Partners whilst maintaining a consistency in levels of service. c. Tenderers should provide details of the Scottish based interpreters on the databases and their locations e.g. 4 x Inverness, 3 x Glasgow etc. d. Tenderers should state what arrangements they intend to put in place to provide the interpreting service should local provision not be available. e. Tenderers should confirm they can provide national (Scotland) coverage (including the Highland and Islands). f. Tenderers should provide details of the level of qualification and experience of the interpreters on your databases, for example, the total number of interpreters and the number of interpreters who are qualified with the Diploma in Public Service Interpreting (DPSI) and the particular option of the qualification they hold (Note: the largest area of demand for this service provision will be within the Scottish Legal Sector), the number of interpreters who have experience in court work and languages spoken. g. With reference to the quality aspect of the provision of this service, it is important that Tenderers describe how your organisation will raise the level of the numbers of DPSI qualified and court experienced interpreters, over the period of any resultant contract. This response may include proposed value-added deliverables and services not already specified in the Specification. h. Tenderers should provide evidence of their plans for the Continuous Professional Development for interpreters. i. Tenderers must provide contact details for two referees for work within the last two years that is similar or the same to that required in this service. Details of the information required are held at Annex A to Schedule 2. Note that contact will be made with referees without further reference to you. Schedule 2-3 Restricted – Contracts Reference: 138244 April 2009 2.9.2 Translation and Transcription a. Tenderers should provide evidence of their organisations practical experience in sourcing and placing translators and transcribers in this area of specialism. b. Tenderers should detail how they will remain flexible to the needs of individual Collaborative Partners whilst maintaining a consistency in levels of service. c. Tenderers should provide details of the level of qualification and experience of the translators and transcribers you provide, for example, the total number of translators and transcribers and the number of translators and transcribers on your databases who are qualified with the Diploma in Translation (Dip Trans), the number of transcribers who are qualified with the ‘standard English Braille’ qualification and also with qualifications similar to RNIB's DAP (Digital Audio Production) manual standards, the number of translators and transcribers who have experience in court work and languages spoken (Note: currently the largest area of demand for this service provision will be within the Scottish Legal Sector). d. With reference to the quality aspect of the provision of this service, it is important that Tenderers describe how your organisation will raise the level of the numbers of (Dip Trans) qualified and experienced translators and the numbers of qualified and court experienced transcribers, over the period of any resultant contract. This response may include proposed value-added deliverables and services not already specified in the Specification. e. Tenderers should provide evidence of their plans for the Continuous Professional Development for translators and transcribers. f. With reference to the five levels of turnaround for translators and transcribers Schedule B para 3.6.5. It is envisaged that occasionally there will be requirements for large scale work that cannot be fitted within these timescales: for example, a 500 page document to be transcribed and translated, involving design work. Tenderers should advise their parameters or limits for such large scale work. g. Tenderers must provide contact details for two referees for work within the last two years that is similar or the same to that required in these services. Details of the information required are held at Annex A to Schedule 2. Note that contact will be made with referees without further reference to you. 2.9.3 Electronic Transfer of Documents – Translation, Transcription a. Tenderers will need to demonstrate how they will make maximum use of electronic means for the transfer of documents. Tenderers should explain how this will be achieved, stating the technologies, media and methods they intend to deploy. Tenderers should also explain how they will address the issues of (i) security and (ii) typeface for nonwestern European languages. b. Tenderers should provide a process flow diagram to illustrate the process from receipt of order to delivery. 2.10 Tenderers should confirm which of the languages in Schedule B Annex 1 they can provide. Tenderers should complete and return this Annex. 2.11 Tenderers must provide details of what additional languages they can provide. Schedule 2-4 Restricted – Contracts Reference: 138244 April 2009 2.12 Tenderers should provide a statement explaining how they will source suitable interpreters for any additional language required. 2.13 Tenderers must identify how their organisation intends to ensure that interpreting, translation and transcription service levels are achieved and maintained irrespective of geographic location, while meeting the evolving needs of the Collaborative Partners. (max 1 page A4) 2.14 Tenderers must confirm that they would provide back-to-back service levels with any subcontractors to the contract. Particular reference should be made to areas of geographic difficulty, in relation to consistency of service for all Collaborative Partners. If appropriate, tenderers must provide details of any previous experience as either a main contractor or a subcontractor. 2.15 Tenderers should provide details of which of the services they intend to subcontract and how much of these services do you intend to subcontract. 2.16 Tenderers must provide information on the policies and procedures they have in place to ensure that all work undertaken for the Collaborative Partners is to agreed standards and how this is built into different aspects of the work. Information must be included on how your organisation would assess the particular requirements of a Collaborative Partner and relate to your management of Interpreting, Translation and Transcription services during assignments. 2.17 Tenderers must outline their procedures for managing complaints or problems and detail the escalation procedures in place for the Collaborative Partners at both an operational and contractual level in line with section 10 and 11 of the Specification. (max 1 page A4) 2.18 Tenderers should detail how they will maintain a Help-Desk facility to provide assistance to customers, information on ordering procedures, and advice and guidance on translation and transcription questions. Tenderers should also indicate whether they host a website giving information about this and other services that are provided. 2.19 Tenderers should detail how they will maintain a 24 hours, 7 days a week reservation line for receiving short notice requests on interpreting services e.g. requests made by the police on behalf of one of the collaborative partners. 2.20 Tenderers must provide details of your standard procedures for monitoring, evaluating and maintaining quality of service and for ensuring timely and accurate delivery of contracts (Section 4 of Schedule B refers). 2.21 The Tenderer shall as part of their tender submission provide details of their quality plan which shall set out the steps to be taken to ensure delivery of the required level of performance (Section 4 of Schedule B refers) Key areas in respect of quality will be: a. b. c. d. e. f. g. Quality plan; Internal systems and procedures; Quality of resources including sub-contracted translators and transcribers; Quality of monitoring, reporting and corrective actions including measuring user satisfaction, provision of a complaints mechanism, and a process for dispute resolution; Quality of induction of users Continuous improvement strategy Independent quality measurement tools employed e.g. EFQM, IiP, BS, etc. 2.22 Tenderers must describe your quality assurance and control procedures and whether your organisation has sought accreditation under any recognised accreditation scheme and the outcome. Schedule 2-5 Restricted – Contracts Reference: 138244 April 2009 2.23 Tenderers should provide details of how they will provide the management information required within section 9, Schedule B of the Specification including an example of the format. 2.24 Tenderers must provide examples of management information with reference to Section 9.1 of Schedule B that their organisation currently supplies to other organisations, detail any innovative practices they can offer and explain how this has added value for current clients. 2.25 Tenderers must indicate which of the content options (either eCatalogue or punch out) for eprocurement that they could provide (see section 12.12 of Specification) and detail any experience that their organisation has in facilitating such a solution. (max 1 page A4) 2.26 Tenderers must indicate which of the connection options for e-procurement that they could provide (see section 12.13 of Specification) and detail any experience that their organisation has in facilitating such a solution. (max 1 page A4). 2.27 Tenderers must indicate which of the payment options outlined in section 12.14 of the Specification they can facilitate. The tenderer should use this question to propose innovative and progressive e-commerce solutions (e.g. self billing, electronic timesheets). 2.28 Tenderers must identify their organisation’s Unique Selling Point (USP) in terms of attracting good quality Interpreters, Translators and Transcriptionists which sets their organisation apart from others offering similar services. (max 1 page A4) 2.29 Tenderers must describe how their organisation would maximise opportunities for sharing best practice across the Collaborative Partners. 2.30 Any information requested in any part of this document, but not included elsewhere should be given under this heading. The Tenderer is free to provide additional information, e.g. Proposed Value-added Deliverables and Services not already specified in the Specification. These should be kept separate from that which is specifically requested. 3. COMPLIANCE REQUIREMENTS WITH LEGISLATION, REGULATORY PROVISIONS & SECURITY 3.1 Tenderers must detail their organisation’s experience of applying the Baseline Personnel Security Standard (or equivalent standard), including how they carry out appropriate checks. In addition, detail experience of using the Disclosure Scotland process and if any a higher level of security clearance. 3.2 The Contractor must provide a secure and confidential translation and transcribing facility. Tenderers should detail the safeguards and measures proposed to deal with materials carrying a security or confidential classification and otherwise sensitive documents, including but not limited to IT security procedures. 3.3 Tenderers must outline the methods that their organisation would employ to meet the required timelines and handle urgent requests for Interpreting Translation and Transcription services. Please refer to section 7 of the Specification. (max ½ page A4) 3.4 Tenderers must demonstrate that their organisation has effective and robust diversity and equality policies in place and how these are implemented in practice. Provide one copy of the organisation’s Equal Opportunities policy statement and arrangements that are in place to ensure compliance with current UK Equal Opportunities legislation. This should cover, but not be limited to, the Disability Discrimination Act 2005, Race Relations Amendments Act 2006 and Equality Act 2006. 3.5 Tenderers must provide one copy of the organisation’s Health & Safety policy statement and arrangements that are in place to ensure compliance with UK Health & Safety legislation, in particular the Health & Safety at Work Act 1974 and The Management of Health & Safety at Work Regulations 1999. NOTE: If a Tender is submitted from consortia Schedule 2-6 Restricted – Contracts Reference: 138244 April 2009 and/or involves sub-contractors, one policy only will be required and all consortia members/sub-contractors will be required to adhere to the single policy 3.6 The Authority expects suppliers to fully comply with their obligations in respect of relevant legislation and other regulatory requirements applicable to the type of Goods, Services or Works being provided. Whilst specific legislation such as the Race Relations Amendment Act, the various Employment Equality Regulations, Health & Safety, COSHH or environmental regulations, etc may be specifically mentioned in this ITT you should provide a response to the following question in terms of compliance with all legislation and regulatory requirements: a) In the last three years, has your organisation been subject to any formal investigation, or has any finding been made against your organisation by any court or tribunal or in comparable proceeding in any other jurisdiction in respect of an alleged or actual breach of legislation? Your response should highlight any known pending infraction cases. b) 3.7 If the answer is yes, what steps have you taken as a result of that finding? Tenderers must indicate the steps their organisation has undertaken, or take, to ensure the observance of legislative and statutory provisions by their employees and any subcontractors proposed by them for the performance of any services resulting from this tender. Any supplier or organisation which has been the subject of an adverse ruling, or is suspected of having failed to meet its legal obligations, may be excluded from future competition or bidding for contracts until such time as they can demonstrate that appropriate remedial action has been taken 4. COMMERCIAL, TERMS AND CONDITIONS, SERVICE CREDIT MECHANISM, COMPETITIVE EDGE AND ADDED VALUE 4.1 Tenderers must confirm that they hold the necessary Employer’s Liability, Public Liability and Professional Indemnity insurance as outlined in the Terms & Conditions. Copies of the relevant documentation must be provided. 4.2 Any contract resulting from this procurement will be subject to the Terms and Conditions of Contract (Schedule A). Tenderers must confirm that, if their proposal is shortlisted after evaluation, they agree to contract with the Authority on these conditions. The Authority reserves the right to reject a tender without further consideration where Tenderers have not indicated compliance. 4.3 Tenderers must provide comprehensive detail on how their organisation will contribute to the creation of improved cost savings and value for money across the Scottish central government sector. 4.4 a.) Tenderers must provide proposals on service credits, against the service levels at Schedule B Annex 7. b.) In addition tenders must detail the number of qualified interpreters (DPSI - legal) you will provide for years 1 to 3 of the contract period. Note: This figure should increase year on year. Schedule B Annex 7, numbers 5 to 7 refer. 4.5 Tenderers must complete and return the, Compliance to Specification check list held at Annex C to Schedule 2. Schedule 2-7 Restricted – Contracts Reference: 138244 April 2009 Annex A to Schedule 2 Details of Referees as requested at paragraph 2.9.1i and 2.9.2g of Schedule 2 1. Referee Organisation Contact Name Title Address Referee Organisation Contact Name Title Address Telephone No. Service Provided Period of Contract Approximate Vale Service Provided Period of Contract Approximate value 2. Referee Organisation Contact Name Title Address Referee Organisation Contact Name Title Address Telephone No. Service Provided Period of Contract Approximate Vale Service Provided Period of Contract Approximate value End of Schedule 2 Schedule 2, Annex A-1 Restricted – Contracts Reference: 138244 April 2009 Annex B to Schedule 2 Annex B to Schedule 2 - Demand Profile Tenderers should note that the information provided below has been calculated using the most recent spend data from these organisations from the Central Government sector. These figures have been extrapolated to help tenderers quantify the scale and scope of this procurement. They are provided to assist you in preparation of your tender response. The Authority does not guarantee the accuracy of these figures nor does it guarantee any volumes of usage throughout the life of this Contract. SCS COPFS £2,000, 0% £7,000, 1% SLAB £24,000, 2% £200,000, 19% SCRA £1,000, 0% SCCRC RoS £821,000, 78% Interpreting Services Scottish Central Government 08/09 SCS: Scottish Court Service (£821,000) COPFS: Crown Office and Procurator Fiscal (£200,000) SLAB: Scottish Legal Aid Board (£24,000) SCRA: Scottish Children's Reporter Administration (£7,000) SCCRC: Scottish Criminal Cases Review Commission (£2,000) RoS: Register of Scotland (£1,000) Note: All values are approximate, per annum for financial year 08/09. The Authority does not guarantee any volumes of usage throughout the life of this Contract. Schedule 2, Annex B-1 Restricted – Contracts Reference: 138244 April 2009 Annex B to Schedule 2 Translation and Transcription Services Scottish Central Government 08/09 FES, £52,000, 16% HS, £25,000, 8% HMIE, £12,400, 4% COPFS HMIE HS COPFS, £233,000, 72% FES COPFS: Crown Office and Procurator Fiscal (£233,000) FES: Forest Enterprise Scotland (52,000) HS: Historic Scotland (25,000) HMIE: Her Majesty's Inspectorate of Education (£12,400) Note: All values are approximate, per annum for financial year 08/09. The Authority does not guarantee any volumes of usage throughout the life of this Contract. Schedule 2, Annex B-2 Restricted – Contracts Reference: 138244 April 2009 Annex C to Schedule 2 COMPLIANCE TO SPECIFICATION AT SCHEDULE B Yes 6 Glossary of Terms Background Overview of Requirements Scope of Requirement Quality Qualifications and Experience Hours of Work 7 Security 8 Locations 9 10 Management Information Requirements Complaints 11 Contract Management 12 Service Levels 13 14 Invoicing/Order Placement Procedures Continuous Improvements 15 Transitional Arrangements 16 Transition After Expiry 17 Travel and Subsistence Annex 1 Annex 2 Annex 3 Annex 4 Annex 5 Annex 6 Annex 7 Languages Location SCS/COPFS Collaborative Partners Code of conduct Attendance/Monitoring Form Purchase Order Process Service Levels and Service Credits e Procurement List 1 2 3 4 5 Annex 8 Understood Understood Understood Understood Understood Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood & Comply Understood Understood Understood Understood Understood Understood Understood Understood End of Schedule 2 Schedule 2, Annex C-1 No Comments CENTRAL GOVERNMENT PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES SCHEDULE 3 FORM OF TENDER REFERENCE CASE 138244 Schedule 3 FORM OF TENDER Please sign below to acknowledge formal acceptance of the Terms and Conditions of Contract specified in this Invitation to Tender Ref.: CASE 138244 We, the undersigned, having considered the documents listed below and subject to and upon the Terms and Conditions of Contract contained in the said documents, offer the provision of the “Services” at the prices entered in the Tender. 1. The Invitation to Tender Letter 2. Schedule 1 Instructions to Tenderers 3. Schedule 2 Tenderer’s Submission Requirements 4. Schedule 3 Form of Tender 5. Schedule 4 List of proposed subcontractors 6. Schedule A Terms and Conditions of Contract 7. Schedule B Specification 8. Schedule C Pricing Document Our Tender includes the above list of items and the following: __________________________________________________________________________________________________ ____________________________________________________________________ ( Tenderer to complete as appropriate) The Authority is not bound to accept this or any Tender for this project, however, any Contract that may result from this Tender will be subject to Scots Law and the Tenderer hereby irrevocably submits to the jurisdiction of the Scottish Courts. This Tender remains open for consideration for 6 MONTHS from the date fixed for receiving Tenders. We understand that the lowest priced Tender will not necessarily be accepted. By submitting a Tender, we acknowledge that our Tender is a bona fide Tender, intended to be competitive, and that we have not fixed or adjusted the amount of the Tender by or under or in accordance with any agreement or arrangement with any other person. Dated this ______________________ day of ____________________________ Signature Name: (BLOCK CAPITALS) Designation: Duly authorised to sign Tenders for and on behalf of: Name of Tenderer Address Telephone No (INCLUDE AREA CODE) It must be clearly shown whether the Tenderer is a limited liability company, statutory corporation, partnership, or single individual trading under his own name. Tenders received after the above time and date will not normally be considered. Name of Contact for this Tender Position Tel No: Email: Fax No. End of Schedule 3 CENTRAL GOVERNMENT PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES SCHEDULE 4 LIST OF PROPOSED SUB-CONTRACTORS REFERENCE CASE 138244 Schedule 4 List of proposed sub-contractors The following is a list of the names and addresses of all sub-contractors whom the Tenderer proposes to use in the direct provision of the Services. Service Provided Name & Address End of Schedule 4 CENTRAL GOVERNMENT PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES SCHEDULE A TERMS AND CONDITIONS OF CONTRACT REFERENCE CASE 138244 Restricted – Contracts Ref: 138244 April 2009 SCHEDULE A – TERMS AND CONDITIONS OF CONTRACT 1 DEFINITIONS In these Conditions of Contract unless the context otherwise requires the following terms shall have the meanings given to them below: “Audit Period” is 2 years; “Authority” means the Scottish Ministers acting through the Central Government Centre of Procurement Expertise (CGCoPE); “Baseline Personnel Security Standard” means the personnel security standard developed for government staff and contractors as outlined in ‘HMG Baseline Personnel Security Standard – A Good Practice Guide to the Pre-Employment Screening of Government Staff and Contractors’ issued in July 2006 and shall be taken to include any updated version of that standard and any other personnel security standard developed for government staff and contractors which is notified to the Contractor; “Collaborative Partners” means the Authority and the bodies listed in Schedule B Annex 3; “Commencement Date” means 13 July 2009; “Contract” means the Contract between the Authority and the Contractor consisting of these terms and conditions and Schedules B to D and any other documents (or parts thereof) specified as forming part of the contract; “Contract Term” means 3 years; “Crown” means the government of the United Kingdom (including the Northern Ireland Executive, the Authority and the Welsh Assembly Government), including, but not limited to, government ministers and government departments and particular bodies, persons, commissions or agencies from time to time carrying out functions on its behalf; “Default” means:(a) any breach of the obligations of the Contractor under this Contract (including, but not limited to, any material breach of this Contract or breach of a material term of this Contract and to any breach of any undertaking or warranty given under or in terms of this Contract), (b) any failure to perform, or the negligent performance of, any obligation under this Contract, (c) any breach of any legislation relating to this Contract, or (d) any negligence or negligent or fraudulent mis-statement relating to this Contract; “Disclosure Scotland” means the body through which persons employed by the Contractor including subcontractors are vetted and shall be deemed to include any successor to such body or any other person, firm, governmental department, body, agency, institution, authority or corporate body from time to time having jurisdiction in relation to security matters at the Premises; “Dispute Resolution Period” is 14 days; “Expiry Date” means 12 July 2012; “Extension Period” is 12 months commencing on the Expiry Date; Schedule A-1 Restricted – Contracts Ref: 138244 April 2009 “Force Majeure” means any event or occurrence which is outside the reasonable control of the Party concerned and which is not attributable to any act or failure to take preventative action by that Party, including fire; flood; violent storm; pestilence; explosion; malicious damage; armed conflict; acts of terrorism; nuclear, biological or chemical warfare; or any other disaster, natural or man-made, but excluding: (a) any industrial action occurring within the Contractor’s or any sub-contractor’s organisation; or (b) the failure by any sub-contractor to perform its obligations under any sub-contract; “Intellectual Property Rights” means patents, inventions, trade marks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom) and the right to sue for passing off; The “Key Personnel” include the contractors contract manager and contract management team; The “Prices” are the Prices for the provision of Services specified in Schedule C to this Contract or as varied by the Parties in accordance with this Contract; The “Professional Indemnity Amount” is £1,000,000; The “Public Liability Amount” is £1,000,000; “Purchase Order” means an order for the provision of Services placed with the Contractor by a Collaborative Partner under a Purchase Order Form; “Purchase Order Form” means the form set out in Annex 6 to Schedule B; “Services” means the services as specified in Schedule B to this Contract to be provided by the Contractor to a Collaborative Partner; “Service Credits” means the service credits as specified in Annex 7 to Schedule B to this Contract; “Service Levels” means the service levels as specified in Schedule B to this Contract; “Specification” means the document included in Schedule B to this Contract; “Contractor” means [name … address] and includes the Contractor’s Staff; “Staff” means all persons employed by the Contractor to perform its obligations under the Contract together with the Contractor’s personnel, servants, agents, suppliers and subcontractors used in the performance of its obligations under the Contract; “Termination Notice Period” is 3 months. 2 2.1 INTERPRETATION In this Contract unless otherwise provided: (a) words in the singular include the plural, the masculine includes the feminine and the neuter and vice versa; (b) references to any Act, statute, enactment, order, regulation, statutory instrument or other similar instrument shall be construed as references to the Act, statute, enactment, order, regulation, statutory instrument or other instrument as amended from time to time; Schedule A-2 Restricted – Contracts Ref: 138244 April 2009 (c) references to Clauses shall be construed as references to clauses in these Conditions of Contract; (d) references to any person shall include natural persons and partnerships, firms and incorporated bodies and all other legal persons of whatever kind and however constituted and their successors and permitted assignees or transferees; (e) headings are included in this Contract for ease of reference only and shall not affect the interpretation or construction of this Contract. 3 3.1 PERIOD OF CONTRACT The Contract will commence on the Commencement Date and will continue for the Contract Term unless extended or terminated in accordance with this Contract. 3.2 This Contract may be extended at the sole discretion of the Authority for a period of up to one Extension Period, provided a notice of extension has been served on the Contractor no later than one month prior to the Expiry Date. The provisions of the Contract will apply throughout any such period of extension subject to any variation of price pursuant to this Contract. 4 4.1 THE SERVICES The Contractor shall supply to a Collaborative Partner such of the Services as are specified in a Purchase Order made by that Collaborative Partner. 4.2 The Contractor shall begin performing the Services on the date stated in the Purchase Order and shall complete them by the date stated in the Purchase Order or continue to perform them for the period stated in the Purchase Order (whichever is applicable). The Collaborative Partner may by written notice require the Contractor to execute the Services in such order as the Collaborative Partner may decide. 4.3 The Contractor will comply with all requirements of this Contract on time and in accordance with its terms and to the satisfaction of the Collaborative Partner. 4.4 The Contractor shall perform the Services in accordance with the Contract with the reasonable skill, care and diligence of a properly qualified and competent Contractor experienced in executing such Services on projects of a similar size, scope, time scale and complexity as this Contract and in a workmanlike manner. 5 5.1 MANNER OF CARRYING OUT THE SERVICES The Contractor shall make no delivery of materials, plant or other things nor commence any work on the Premises without obtaining the Collaborative Partner's prior consent which shall not be unreasonably withheld. 5.2 Access to the Premises shall not be exclusive to the Contractor but only such as shall enable it to carry out the Services concurrently with the execution of work by others. The Contractor shall co-operate with such others as the Collaborative Partner may reasonably require by notice. 5.3 All equipment and materials brought on to the Premises shall be at the risk of the Contractor and the Collaborative Partner shall have no liability for loss of or damage to any equipment or materials unless the Contractor is able to demonstrate that such loss or damage was caused by the negligence of the Collaborative Partner. 5.4 On completion of the Services the Contractor shall remove its plant, equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Services and leave the Premises in a neat and tidy condition. 5.5 The Contractor shall obtain the Authority's prior approval before introducing new methods or systems in providing the Services. Schedule A-3 Restricted – Contracts 6 6.1 Ref: 138244 April 2009 CONTRACTOR’S PERSONNEL The Contractor shall comply with the rules, regulations, policies, procedures and requirements in force at the Premises. 6.2 The Contractor warrants and represents that all Staff assigned to the performance of the Services shall possess and exercise such qualifications, skill and experience as are necessary for the proper performance of the Services. 6.3 The Collaborative Partner may require the Contractor to produce such documentary or other evidence as may be required to establish that management, supervisory and other staff employed by the Contractor are qualified and fully competent to perform duties under the Contract. 6.4 The Contractor shall be responsible for paying its Staff and, where appropriate, for the deduction and payment of National Insurance contributions and PAYE Income Tax applicable to its Staff. 7 7.1 KEY PERSONNEL Key Personnel shall not be released from providing the Services without the agreement of the Authority, except by reason of long-term sickness, termination of employment and other extenuating circumstances. 7.2 Replacement Key Personnel shall not be appointed until the Authority has agreed to the replacement. Any replacement Key Personnel shall be of at least equal status or of equivalent experience and skills to the Key Personnel being replaced and be suitable for the responsibilities of that person in relation to the Services. 7.3 The Contractor shall ensure that there is no adverse impact on the Services provided to Collaborative Partners caused by a change in Key Personnel. 8 8.1 SECURITY The Contractor shall adhere to the security requirements included in this Contract. 8.2 The Contractor shall ensure that all of its Staff who are proposed to carry out work at the Premises shall hold a Disclosure Scotland certificate that is no more than 12 months old from the date of issue by Disclosure Scotland at the time they carry out work and at the disclosure level notified to the Contractor by the Collaborative Partner. The Contractor shall be responsible for obtaining the Disclosure Scotland certificates. The Contractor will ensure that their member of staff agrees to provide and provides their Disclosure Scotland certificate to the Collaborative Partner – through the Contractor – at the Collaborative Partner’s request. 8.3 The Contractor shall ensure that any of its Staff who are proposed to carry out work at the Premises shall obtain an updated Disclosure Scotland certificate whenever requested to do so by the Collaborative Partner. 8.4 The Contractor shall inform the Collaborative Partner in writing within 7 days of the Contractor becoming aware of any criminal charge or new criminal conviction or any other event that may affect the validity of the Disclosure Scotland certification of any of its Staff. The Contractor shall ensure that each member of its Staff is contractually obliged via their terms of employment to inform timeously the Contractor of any criminal charge or new criminal conviction or any such other event. The Contractor shall ensure that any such member of its Staff does not provide the Services until the Collaborative Partner has provided approval. 8.5 The Contractor shall ensure that it has a suitable number of Staff with valid Disclosure Scotland certification at any given time to ensure continuity of Services provision. 8.6 If and when instructed to do so by the Collaborative Partner, the Contractor shall give to the Collaborative Partner a list of names of all persons who are or may be at any time concerned with the Services or any part of them, specifying the capacities in which they are so Schedule A-4 Restricted – Contracts Ref: 138244 April 2009 concerned, and giving such other particulars and evidence of identity and other supporting evidence as the Collaborative Partner may reasonably require. 8.7 If and when instructed to do so by the Collaborative Partner, the Contractor shall ensure that all Staff who are proposed to carry out work at the Premises meets the Baseline Personnel Security Standard at the time they carry out work. The Contractor shall retain copies of the Baseline Personnel Security Standards on file. These shall be submitted to the Collaborative Partner at the Collaborative Partner’s request. 8.9 The Collaborative Partner reserves the right to audit the processes of the Contractor in achieving the Baseline Personnel Security Standard either remotely or via a site visit. The Contractor will be provided with one week’s notice of any such audit. 8.10 The Collaborative Partner may issue security passes for members of the Contractor’s Staff and representatives of the Contractor whose names are provided by the Contractor and for representatives of the Contractor visiting the Premises for the purposes of admission to the Premises and, where the Collaborative Partner does so, a member of Staff or a representative shall not be admitted to the Premises unless the said security pass is produced by the member of Staff or representative to security or other staff employed by the Collaborative Partner. Security passes shall remain the property of the Collaborative Partner and shall be surrendered on demand or termination of the Purchase Order. 8.11 The Contractor shall take the steps reasonably required by the Collaborative Partner to prevent unauthorized persons being admitted to the Premises. If the Collaborative Partner gives the Contractor notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract, the Contractor shall take all reasonable steps to comply with such notice and if required by the Collaborative Partner the Contractor shall replace any person removed under this Clause with another suitably qualified person and procure that any security pass issued to the person is surrendered. 8.12 The decision of the Collaborative Partner as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Contractor has furnished the information or taken the steps required of him by this Clause shall be final and conclusive. 8.13 The Contractor shall bear the cost of obtaining any certificates or other security approvals and for any notice, instruction or decision of the Collaborative Partner under this Clause. 9 9.1 9.2 CONFLICTS OF INTEREST The Contractor shall take appropriate steps to ensure that neither the Contractor nor any Staff is placed in a position where, in the opinion of the Authority, there is or may be an actual or potential conflict between the pecuniary or personal interests of the Contractor and the duties owed to the Authority or a Collaborative Partner under the provisions of the Contract. The Contractor will immediately disclose in writing to the Authority and to any relevant Collaborative Partner full particulars of any such conflict of interest which may arise or has arisen. The Authority reserves the right to terminate the Contract immediately by notice in writing and/or to take such other steps it deems necessary where, in the opinion of the Authority, there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Contractor and the duties owed to the Authority or a Collaborative Partner under this Contract. The actions of the Authority pursuant to this Clause shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. Schedule A-5 Restricted – Contracts Ref: 138244 April 2009 10 QUALITY MANAGEMENT SYSTEM 10.1 The Contractor shall operate a quality management system for providing the Services where this is required by the Specification. The quality management system shall comply with the requirements stated in the Specification. 10.2 The Contractor shall comply with an instruction from the Authority to correct a failure to comply with the quality management system. 10.3 The Authority will carry out spot checks and full assessment visits periodically for the purposes of monitoring the Contractor's progress in implementing the quality management system. Notice of full assessment visits will be given at least one working day before the visit. Spot checks may take place at any time. During such assessment visits or spot checks all documentation reasonably required by the Authority shall be made available to it. The Authority will provide a written report to the Contractor following such assessment visits or spot checks. The report will comment on standards, adherence to the quality management system and will note any improvements required. The Contractor shall be obliged to implement such improvements within such period as shall be specified in the report. 11 RETURN OF DOCUMENTS 11.1 The Contractor shall return all documentation and information, and shall ensure that all electronic copies of the information are removed from all computer systems, which it holds in relation to the Contract, whenever requested to do so by the Authority, or upon termination of the Contract. 12 INSTRUCTIONS 12.1 The Collaborative Partner may instruct the Contractor on any aspect of the Services to be provided to the Collaborative Partner in respect of a Purchase Order made by that Collaborative Partner including altering or adding items to the Specification. 13 13.1 CHANGES TO FRAMEWORK AGREEMENT REQUIREMENTS The Authority may propose a variation to the Framework Agreement under this Condition only where the variation does not amount to a material change in the Framework Agreement or the Services. Procedure for proposing a Variation 13.2 Except where Clause 13.13 applies, the Authority may propose a variation using the procedure contained in this Condition 13. 13.3 In order to propose a variation, the Authority shall serve the Contractor with written notice of the proposal to vary the Framework Agreement ("Notice of Variation"). 13.4 The Notice of Variation shall:13.4.1 contain details of the proposed variation providing sufficient information to allow the Contractor to assess the variation and consider whether any changes to the prices set out in its Pricing Matrices are necessary; and 13.4.2 require the Contractor to notify the Authority within 5 working days of any proposed changes to the prices set out in its Pricing Matrices. 13.5 Upon receipt of the Notice of Variation, the Contractor has 3 working days to respond in writing with any objections to the variation. 13.6 Where the Authority does not receive any written objections to the variation within the timescales detailed in Clause 13.5, the Authority may then serve the Contractor with a written agreement detailing the variation to be signed and returned by the Contractor within 5 working days of receipt. Schedule A-6 Restricted – Contracts 13.7 Ref: 138244 April 2009 Upon receipt of a signed agreement from the Contractor, the Authority shall notify the Contractor in writing of the commencement date of the variation. Objections to a Variation 13.8 In the event that the Authority receives written objections to a variation, the Authority may:13.8.1 withdraw the proposed variation; or 13.8.2 propose an amendment to the variation. Changes to the Pricing Matrices 13.9 Where a Contractor can demonstrate that a variation would result in a change to the prices set out in its Pricing Matrices, the Authority may require further evidence from the Contractor that any changes to costs to the Services Framework will be kept to a minimum. 13.10 The Authority may require the Contractor to meet and discuss any proposed changes to the Pricing Matrices that would result from a variation. 13.11 Where a change to the Contractor’s Pricing Matrices is agreed by the Authority, the Authority shall notify its acceptance of the change to the Contractor in writing. 13.12 In the event that the Authority and the Contractor cannot agree to the changes to the Pricing Matrices, the Authority may:13.12.1 withdraw the variation; or 13.12.2 propose an amendment to the variation Variations which are not permitted 13.13 In addition to the provisions contained in Clause 13.1, the Authority may not propose any variation which:13.13.1 may prevent the Contractor from performing its obligations under the Framework Agreement; or 13.13.2 is in contravention of any law. Variations to the Purchase Order 13.14 The Collaborative Partner may from time to time by written notice to the Contractor order any variation or addition to any part of the Services as specified in a Purchase Order made by that Collaborative Partner. 13.15 The Contractor shall, in so far as it is able, accommodate instructions to vary the Services without changes to the Prices. In the event that the change cannot be managed within the existing Prices then the Contractor may request an amendment to the Prices and the Contractor shall provide to the CGCoPE Strategic Contract Manager a clear statement with satisfactory evidence explaining why the Prices should be amended. 13.16 The Collaborative Partner shall notify the Contractor of its decision to accept or reject the proposed Price amendment as soon as it is reasonably practical. Whenever possible the Contractor shall carry out the change request with immediate effect with no changes to the Prices, irrespective of the fact that the Collaborative Partner has not made a decision. Schedule A-7 Restricted – Contracts Ref: 138244 April 2009 13.17 In the event that the Collaborative Partner accepts the proposed Price amendment the Purchase Order will be amended accordingly and the Contractor shall carry out the variation and be bound by the same provisions so far as is applicable as though such variation was stated in the Purchase Order. 13.18 In the event that the Collaborative Partner rejects the proposed Price amendment, then the change request shall be disregarded and the parties shall continue to perform their obligations under the Purchase Order without the variation. 14 SERVICE LEVEL AND SERVICE CREDITS 14.1 The Contractor shall meet the Service Levels specified in this Contract when performing the Services for a Collaborative Partner who has placed a Purchase Order in accordance with this Contract. 14.2 In the event that the specified Service Levels are not met (excepting any failure caused by the actions of the Collaborative Partner) the Collaborative Partner shall be entitled to apply the Service Credits specified in Annex 7 to Schedule B. 14.3 In addition to the Service Credits specified above the Collaborative Partner shall be entitled to require the Contractor to take all necessary action to ensure that the Contract is performed in such a way that the minimum Service Levels are achieved within 30 days. 14.4 If the Contractor does not achieve the Service Levels and the Service Credits do not adequately compensate the Collaborative Partner for any costs, expenses or losses suffered as a result, then the Collaborative Partner may obtain such other remedies as may be available to it at law, including recovering from the Contractor the whole amount of the costs, expenses and losses which the Collaborative Partner has suffered in connection with the failure. 14.5 The Contractor shall provide the Collaborative Partner with a monthly report on Service Levels within 5 days after the end of each calendar month. The Contractor shall detail its performance against each Service Level and shall include the Service Credits the Collaborative Partner shall be entitled to deduct. 14.6 If, following receipt of the Contractor's monthly report, the Collaborative Partner does not agree that a Service Level has been achieved, then the Contractor shall provide the Collaborative Partner with evidence of performance within 5 days after the Collaborative Partner's notification. If satisfactory evidence is not provided (and the Collaborative Partner’s decision in this regard is final) the appropriate number of Service Credits will be applied. 15 CONTRACTOR’S STATUS 15.1 In carrying out the Services the Contractor shall be an independent supplier and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between any of the Collaborative Partners and Contractor and accordingly neither party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other party save as expressly permitted by the terms of the Contract and the Contractor shall not (and shall procure that its Staff do not) say or do anything that might lead any other person to believe that the Contractor is acting as the agent of any of the Collaborative Partners. 16 HEALTH AND SAFETY 16.1 The Contractor shall adhere to the health and safety requirements included in this Contract. 17 WARRANTY 17.1 The Contractor warrants and represents that: (a) the Contractor has the full capacity and authority and all necessary consents (including but not limited to, where its procedures so require, the consent of its parent company) to enter into and perform the Contract and that the Contract is executed by a duly authorised representative of the Contractor. Schedule A-8 Restricted – Contracts Ref: 138244 April 2009 (b) the Contractor shall discharge all its obligations and comply with all requirements of the Contract with all due skill, care and diligence including but not limited to good industry practice. (c) all obligations of the Contractor pursuant to the Contract shall be performed and rendered by appropriately experienced, qualified and trained Staff with all due skill, care and diligence. (d) the Contractor shall make good any defect required to ensure compliance with the Contract at his own expense and in accordance with good industry practice. In the event that compliance cannot be achieved then the Contractor shall be in breach of Contract. 18 DISCRIMINATION 18.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as gender, race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of any law, enactment, order or regulation. 19 PRICE 19.1 The Price for the Services shall be as specified in Schedule C to this Contract. In the event that the Contract is extended the Authority shall, in the period of 6 months prior to the Expiry Date, enter into good faith negotiations with the Contractor (for a period of not more than 30 working days) to agree any variation in the Prices. 19.2 If the parties are unable to agree a variation in the Prices, the Contract shall terminate at the Expiry Date. 19.3 If a variation in the Prices is agreed between the Authority and the Contractor, the revised Prices will take effect from the first day of any period of extension and shall apply during that period. 19.4 Option Year 4 - Any price variations for the Option Year 4 will be subject to agreement with the Authority. Prices may increase or decrease (through improved efficiencies or deflation, etc). Any increases in prices shall not exceed the percentage change in the Office of National Statistics’ Consumer Prices Index (CPI) (or another such index specified in the Product Listing) between the Commencement Date and the first Price Review Date or between the preceding Price Review Date and the applicable Price Review Date (as appropriate). 19.5 For the avoidance of doubt any Interpreter, Translator or Transcriber called as a witness in a court case will NOT be paid under the terms of this contract. 20 PAYMENT 20.1 The Collaborative Partner placing the Order will pay the Contractor the Prices for the provision of Services supplied in accordance with the Order subject to the satisfactory provision of the Services in accordance with the Service Levels. 20.2 Unless otherwise stated in the Contract, payment will be made within 30 days of receipt and agreement of invoices, submitted monthly in arrears, for Services completed to the satisfaction of the Collaborative Partner. 20.3 Value Added Tax, where applicable, shall be shown separately on all invoices as a strictly net extra charge. 21 RECOVERY OF SUMS DUE 21.1 Wherever under this Contract any sum of money is recoverable from or payable by the Contractor, that sum may be deducted from any sum then due, or which at any later time may become due, to the Contractor under this Contract or under any other agreement or contract with the Collaborative Partner. Schedule A-9 Restricted – Contracts Ref: 138244 April 2009 22 AUDIT 22.1 The Contractor shall keep and maintain full and accurate records of the Contract including all Purchase Orders and all financial transactions made in connection with the Contract while it remains in force and for a minimum of the Audit Period after it has expired or been terminated. The Contractor shall on request provide the Authority or its representatives, Audit Scotland and such other persons as the Authority may reasonably specify from time to time with access to these records. The Contractor shall on request provide the Collaborative Partner or its representatives, Audit Scotland and such other persons as the Collaborative Partner may reasonably specify from time to time with access to such Purchase Orders and other records relating to that Collaborative Partner as may reasonably be specified from time to time. 23 CORRUPT GIFTS OR PAYMENTS 23.1 The Contractor shall not, and shall procure that its Staff shall not, offer or give or agree to give any person any gift or consideration of any kind as an inducement or reward in relation to this or any other contract and warrants that it has not given or agreed to give any person any such gift or consideration. The Contractor shall ensure that it does not breach the terms of the Prevention of Corruption Acts, 1889 to 1916 in relation to this or any other contract. 24 SEVERABILITY 24.1 If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect. 25 WAIVER 25.1 The failure of either Party to insist upon strict performance of any provision of this Contract, or the failure of either Party to exercise, or any delay in exercising, any right of remedy to which it is entitled shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by this Contract. 25.2 No waiver shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing. 25.3 A waiver of any right or remedy arising from a breach of this Contract shall not constitute a waiver of any right or remedy arising from any other or subsequent breach of this Contract. 26 26.1 PATIENTS, INFORMATION AND COPYRIGHT All Intellectual Property Rights in any guidance, specifications, instructions, toolkits, plans, data, drawings, databases, patents, patterns, models, designs or other material: (a) furnished to or made available to the Contractor by or on behalf of the Authority shall remain the property of the Crown; (b) prepared by or for the Contractor for use, or intended use, in relation to the performance of the Contract shall belong to the Crown and the Contractor shall not, and shall procure that its Staff shall not, (except when necessary for the implementation of the Contract) without prior approval, use or disclose any such Intellectual Property Rights. 26.2 The Contractor shall obtain approval before using any material, in relation to the performance of the Contract which is or may be subject to any third party Intellectual Property Rights. The Contractor shall procure that the owner of the rights grants to the Authority a non-exclusive licence, or if itself a licensee of those rights, shall grant to the Authority an authorised sublicence, to use, reproduce, and maintain the material. Such licence or sub-licence shall be non-exclusive, perpetual, royalty-free and irrevocable and shall include the right for the Authority to sub-license, transfer, novate or assign to other members of the Crown, any replacement Contractor or to any other third party providing services to the Authority, and shall be granted at no cost to the Authority. 26.3 The Contractor shall not infringe any Intellectual Property Rights of any third party and the Contractor shall during and after the duration of the Contract indemnify and keep indemnified the Authority against all actions, suits, claims, demands, losses, charges, damages, costs and Schedule A-10 Restricted – Contracts Ref: 138244 April 2009 expenses and other liabilities which the Authority may suffer or incur as a result of or in connection with any breach of this Clause, except where any such claim relates to: (a) items or materials based upon designs supplied by the Authority; and (b) the use of data supplied by the Authority which is not required to be verified by the Contractor under any provision of the Contract. 26.4 The Authority shall notify the Contractor in writing of any claim or demand brought against the Authority for infringement or alleged infringement of any Intellectual Property Right in materials supplied or licensed by the Contractor. 26.5 The Contractor shall at its own expense conduct all negotiations and any litigation arising in connection with any claim for breach of Intellectual Property Rights in materials supplied or licensed by the Contractor, provided always that the Contractor: (a) shall consult the Authority on all substantive issues which arise during the conduct of such litigation and negotiations; (b) shall take due and proper account of the interests of the Authority; and (c) shall not settle or compromise any claim without the Authority’s prior written consent (not to be unreasonably withheld or delayed). 26.6 The Authority shall at the request of the Contractor afford to the Contractor all reasonable assistance for the purpose of contesting any claim or demand made or action brought against the Authority or the Contractor for infringement or alleged infringement of any Intellectual Property Right in connection with the performance of the Contract and shall indemnify the Authority for all costs and expenses (including, but not limited to, legal costs and disbursements) incurred in doing so. Such costs and expenses shall not be repaid where they are incurred in relation to a claim, demand or action which relates to the matters in clauses 26.3(a) and (b). 26.7 The Authority and/or Contractor shall not make any admissions which may be prejudicial to the defence or settlement of any claim, demand or action for infringement or alleged infringement of any Intellectual Property Right by the Authority or the Contractor in connection with the performance of the Contract. 26.8 If a claim, demand or action for infringement or alleged infringement of any Intellectual Property Right is made in connection with the Contract or in the reasonable opinion of the Contractor is likely to be made, the Contractor may at its own expense and subject to the consent of the Collaborative Partner (not to be unreasonably withheld or delayed) either: (a) modify any or all of its performance under this Contract without reducing the performance or functionality of the same, or substitute alternative performance under this Contract of equivalent performance and functionality, so as to avoid the infringement or the alleged infringement, provided that the terms herein shall apply with any necessary changes to such modified Contract or to the substitute performance under this Contract; or (b) procure a licence to use and provide the Services, which are the subject of the alleged infringement, on terms which are acceptable to the Authority and any Collaborative Partner whose interests may be affected. 26.9 At the termination of the Contract the Contractor shall at the request of the Authority immediately return to the Authority all materials, work or records held, including any back-up media. 26.10 The provisions of this Clause shall apply during the continuance of the Contract and indefinitely after its expiry or termination. Schedule A-11 Restricted – Contracts Ref: 138244 April 2009 27 INDEMNITY AND INSURANCE 27.1 Without prejudice to any other rights or remedies of the Collaborative Partner, the Contractor shall indemnify the Collaborative Partner against all actions, suits, claims, demands, losses, charges, costs and expenses which the Collaborative Partner may suffer or incur as a result of or in connection with any loss or damage which may result directly or indirectly from any negligent or wrongful act or omission of the Contractor in carrying out the Services for the Collaborative Partner under a Purchase Order. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Collaborative Partner or by breach by the Collaborative Partner of its obligations under the Contract. 27.2 The Contractor shall have in force and shall require any subcontractor to have in force: (a) Employer’s liability insurance in accordance with any legal requirements for the time being in force; and (b) Public liability insurance against liability in the sum of not less than the Public Liability Amount for any one incident and unlimited in total, unless otherwise agreed by the Authority in writing; and (c) Professional indemnity insurance in the sum of not less than the Professional Indemnity Amount for any one incident and unlimited in total, unless otherwise agreed by the Authority in writing. 27.3 If requested, the Contractor shall provide the Collaborative Partner with evidence that all required insurance policies are in place and are current. 27.4 If the Contractor fails to give effect to and maintain the insurances required by this Contract the Collaborative Partner may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 27.5 The terms of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. 27.6 Where the Contractor comprises more than one person, the obligations and liabilities of the Contractor under this Contract shall be the joint and several obligations of those persons. 28 CONFIDENTIALITY 28.1 The Contractor shall comply with, and shall ensure that its Staff complies with; the Official Secrets Act 1911 to 1989. 28.2 The Contractor shall keep secret and not disclose and shall procure that its Staff keep secret and do not disclose any information of a confidential nature obtained by him by reason of this Contract except information which is in the public domain otherwise than by reason of a breach of this provision. 28.3 The Contractor acknowledges that the Authority and any Collaborative Partner may be subject to the requirements of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 and shall facilitate the Authority’s and the Collaborative Partner’s compliance with the information disclosure requirements pursuant to the same. The Authority and any Collaborative Partner may disclose information in compliance with that Act or those Regulations, any other law, or as a consequence of judicial order, or order by any court or tribunal with the authority to order disclosure. Further the Authority and any Collaborative Partner may also disclose all information submitted to them to the Scottish or United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland, in right of the Scottish Administration or the United Kingdom, and their servants or agents; such disclosure shall not be treated as a breach of this Contract. 28.4 The provisions of this Clause shall apply during the continuance of the Contract and indefinitely after its expiry or termination. Schedule A-12 Restricted – Contracts Ref: 138244 April 2009 29 PUBLICITY 29.1 The Contractor shall not make any statement relating to the Contract or publicise the terms of the Contract in any way without the prior written consent of the Authority. 29.2 The provisions of this Clause shall apply during the continuance of the Contract and indefinitely after its expiry or termination. 30 DATA PROTECTION ACT 30.1 The Contractor’s attention is hereby drawn to the Data Protection Act 1998 (“the Act”) 30.2 The Contractor undertakes to comply in all respects with the provisions of the Act and any equivalent or associated legislation in relation to all personal data collected and/or processed by the Contractor in the provision of the Services and shall not do anything or permit anything to be done which might lead to a breach of that Act or the equivalent or associated legislation. 30.3 Without prejudice to the foregoing, the Contractor undertakes:(a) to use all personal data referred to above strictly for the purposes of providing the Services in accordance with the terms of this Contract and shall not use such personal data for any other purpose whatsoever; (b) to have in place appropriate technical and organisational measures to ensure the security of the personal data (and to guard against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data); (c) not to delete, destroy or remove any of the data without the prior written consent of the Authority or where the data relates to a particular Purchase Order, the Collaborative Partner who has placed that Purchase Order; (d) provide the Authority or any Collaborative Partner with such information as is reasonably required to ensure that the Contractor is complying with its obligations under the Act; (e) ensure that it does nothing knowingly or negligently which places the Authority or any Collaborative Partner in breach of their obligations under the Act. 30.4 The provisions of this Clause shall apply during the continuance of the Contract and indefinitely after its expiry or termination. 31 INDUSTRIAL ACTION 31.1 The Contractor shall immediately inform the Authority and any Collaborative Partner of any actual or potential industrial action whether such action is by their own Staff or others which affects or might affect its ability at any time to perform its obligations under this Contract. 31.2 In the event of industrial action the Contractor shall remain responsible for all of its obligations under this Contract. 31.3 In the event that the Contractor fails to meet any or all of its obligations under this Contract due to industrial action, then the Collaborative Partner shall deduct from the Prices any additional costs it incurs in having to provide or ensure the continuity of, the provision of Services in respect of a Purchase Order placed under the Contract. 32 REMEDIES CUMULATIVE 32.1 Except as otherwise expressly provided by the Contract, all remedies available to the Authority and any Collaborative Partner for breach of this Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Schedule A-13 Restricted – Contracts Ref: 138244 April 2009 33 DEFAULT NOTICES 33.1 Without prejudice to the Authority’s rights of termination under this Contract, the Authority may issue the Contractor with a notice of Default where the Authority considers that Default has occurred. The notice of Default shall include the date and a description of the Default, and where appropriate details of the Purchase Order to which the Default relates, as well as the Authority's required remedy and the time period within which the remedy should be completed. Where the required remedy has not been completed within the time period stipulated by the Authority, the Authority may undertake the Contract itself, or engage a third party to do so and recover the full costs of such action from the Contractor, or issue a notice of termination in accordance with the provisions of this Contract. 34 TERMINATION 34.1 The Contractor shall notify the Authority in writing upon the occurrence of any of the following events: (a) there is a change of control (as defined by section 416 of The Income and Corporation Taxes Act 1988) of the Contractor; or (b) the Contractor passes a resolution that it be wound-up, or a Court makes an order that the Contractor be wound-up, in either case otherwise than for the purposes of reconstruction or amalgamation, or circumstances arise which would enable a Court to make such an order; or (c) an administrator, manager or receiver is appointed to the Contractor or over all or any part of the property which may, from time to time, be comprised in the property and undertaking of it, or circumstances arise which would entitle a Court to appoint such an administrator, manager or receiver or the Contractor makes any composition or arrangement with or for the benefit of its creditors, or makes any conveyance or assignment for the benefit of its creditors; or (d) the Contractor makes voluntary arrangements for a composition in satisfaction of its debts or a scheme or arrangements of its affairs or is otherwise unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or (e) the Contractor becomes bankrupt or shall have a receiving order or administration order made against him or appears unable to pay or to have no reasonable prospect of being able to pay a debt within the meaning of section 123 of the Insolvency Act 1986 shall become apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985, or any application shall be made under the Bankruptcy or Insolvency Act for the time being in force for sequestration of its estate or a trust deed shall be granted by him on behalf of its creditors; or (f) any events similar to those described above occur under the law of any other jurisdiction to which the Contractor is subject. 34.2 On the occurrence of any of the events described in Clause 34.1 above and without prejudice to any other right or remedy which the Authority may have, the Authority may terminate the Contract by written notice to the Contractor with immediate effect. 34.3 Without prejudice to the Authority’s other rights of termination under this Contract, the Authority may terminate the Contract by written notice to the Contractor with immediate effect if the Authority determines in their sole opinion that the Contractor has failed to achieve Service Levels set in accordance with the Contract. (Annex 7 to Schedule B and Paragraph 14 of Schedule A refer.) 34.4 Without prejudice to the Authority’s other rights of termination under this Contract, the Authority may terminate the Contract by written notice to the Contractor with immediate effect in the event that the Contractor commits a Default and: (a) the Default is capable of remedy and the Contractor has failed to remedy the Default as required by this Contract; or (b) the Default is not in the opinion of the Authority capable of remedy. Schedule A-14 Restricted – Contracts Ref: 138244 April 2009 34.5 Where termination occurs as a result of Clause 34.4, the Authority may: (a) recover from the Contractor the amount of any loss suffered by the Authority resulting from termination, including the cost reasonably incurred by the Authority of making other arrangements for the provision of the Services to the Collaborative Partners and any additional expenditure incurred by the Authority throughout the remainder of the Contract; and (b) recover from the Contractor any additional expenditure incurred by the Collaborative Partners for the Services which would otherwise have been provided throughout the remainder of the Contract. 34.6 Without prejudice to the Authority’s other rights of termination under this Contract, the Authority may terminate the Contract at any time by giving a minimum of the Termination Notice Period. 34.7 Termination in accordance with this Clause shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either the Contractor or the Authority. 34.8 On termination: (a) the Contractor will fulfil any Purchase Orders previously issued under the Contract unless instructed otherwise by the Authority or any Collaborative Partner which placed any such Order; (b) the Contractor will not accept any further Purchase Orders under the Contract and will do no further work under the Contract other than instructed by the Authority. 35 ASSIGNATION AND SUB CONTRACTING 35.1 The Contractor shall not assign or sub-contract or otherwise transfer by any means whatsoever any rights or other interest or obligations which it may have in or under the Contract without the prior written consent of the Authority. 35.2 No assignation, sub-contracting or other disposal or transfer of any right or interest or obligation which it may have in or under the Contract by the Contractor shall have the effect of relieving it of the responsibility to perform any duty, function, liability, obligation or responsibility owed to the Collaborative Partner in terms of the Contract, notwithstanding that the Authority has agreed to such assignation, sub-contracting or other disposal or transfer. The Contractor shall remain at all times bound to fully implement the terms of the Contract and shall be liable for the acts and omissions of its assignees and sub-contractors as if they were acts and omissions of the Contractor. 35.3 The Contractor shall provide the Authority with a copy of any deed or agreement formally recording any assignation, sub-contracting or other disposal or transfer of any right or interest or obligation which it may have in or under the Contract if requested to do so in writing. 35.4 Where the Contractor enters into any sub-contract in respect of the performance of the Services, it shall cause a term to be included in such sub-contract which requires payment to be made to the sub-contractor by the Contractor of all sums due by the Contractor in terms of such sub-contract within a specified period not exceeding 30 days from receipt by the Contractor of a valid invoice in respect thereof from the sub-contractor. 36 TRANSFER OF UNDERTAKINGS 36.1 The Contractor recognises that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply in respect of the Contract, and that for the purposes of those Regulations, the undertaking concerned (or any relevant part of the undertaking) shall (a) transfer to the Contractor on the commencement of the Contract; (b) transfer to another Contractor on the expiry of the Contract. 36.2 During the period of six months preceding the expiry of the Contract or after the Authority has given notice to terminate the Contract or the Contractor stops trading, and within 20 working days of being so requested by the Authority or any prospective Contractor for the purposes of Schedule A-15 Restricted – Contracts Ref: 138244 April 2009 competitive tendering, the Contractor shall fully and accurately disclose to the Authority, prospective Contractor or to any person nominated by the Authority information relating to employees engaged in providing the Services in relation to the Contract in particular, but not necessarily restricted to, the following: (a) the total number of personnel whose employment with the Contractor is liable to be terminated at the expiry of this Contract but for any operation of law; and (b) for each person, age and gender, details of their salary, date of commencement of continuous employment and pay settlements covering that person which relate to future dates but which have already been agreed and their redundancy entitlements (the names of individual members of staff do not have to be given); and (c) information about the other terms and conditions on which the affected staff are employed, or about where that information can be found; and (d) details of pensions entitlements, if any. 36.3 The Contractor shall permit the Authority, any prospective Contractor or any other person nominated by the Authority to use the information for the purposes of TUPE and of re-tendering. The Contractor will co-operate with the re-tendering of the contract by allowing the transferee to communicate with and meet the affected employees and/or their representatives. 36.4 The Contractor agrees to indemnify the Authority fully and to hold it harmless at all times from and against all actions, proceedings, claims, expenses, awards, costs and all other liabilities whatsoever in any way connected with or arising from or relating to the provision of information under this Clause. 36.5 In the event that the information provided by the Contractor in accordance with this Clause becomes inaccurate, whether due to changes to the employment and personnel details of the affected employees made subsequent to the original provision of such information or by reason of the Contractor becoming aware that the information originally given was inaccurate, the Contractor shall notify the Authority of the inaccuracies and provide the amended information. The Contractor shall be liable for any increase in costs the Authority may incur as a result of the inaccurate or late production of data. 36.6 The provisions of this Clause shall apply during the continuance of the Contract and indefinitely after its expiry or termination. 37 NOTICES 37.1 Except as otherwise expressly provided within the Contract, any notice given under or pursuant to the Contract must be in writing. 37.2 Any notice issued in terms of this Contract shall be sent by hand, post, registered post, recorded delivery or electronic communication (as defined by the Electronic Communications Act 2000). Such notices shall be addressed to the other party in the manner shown in this Contract, on the Purchase Order or to such other address as the party may by notice to the other have substituted. Notice shall be deemed to be given on the day when in the ordinary course of the means of transmission it would have been received by the addressee in normal business hours. 38 DISPUTE RESOLUTION 38.1 Where there are any differences or questions between the Authority and Contractor with respect to any matter or thing arising out of or relating to the Contract, other than a matter or thing as to which the decision of the Authority is under the Contract to be final and conclusive, the parties shall in good faith attempt to reach agreement through discussion within a period of no more than the Dispute Resolution Period. The parties may choose to alter the time required. 38.2 Where no agreement can be reached through discussion, the parties shall refer the matter to a single arbiter to be mutually agreed and chosen by the parties for that purpose or if the parties Schedule A-16 Restricted – Contracts Ref: 138244 April 2009 are unable to agree as to the appointment of an arbiter, chosen by the President for the time being of the Law Society for Scotland on the application of either party. Any such reference to arbitration shall be deemed to be an agreement to refer to arbitration within the meaning of the Arbitration (Scotland) Act 1894. 38.3 The Contractor shall ensure that it continues to meet all of its contractual obligations during any ongoing dispute. 39 INSPECTION OF PREMISES AND NATURE OF SERVICES 39.1 The Contractor is deemed to have inspected the Premises before tendering so as to have understood the nature and extent of the Services to be carried out and satisfied himself in relation to all matters connected with the Services and Premises. 39.2 The Collaborative Partners shall, at the request of the Contractor, grant such access as may be reasonable for this purpose subject to the provisions relating to security as provided for under this Contract. 40 GOVERNING LAW 40.1 This Contract shall be governed by and construed in accordance with Scots law and the Contractor hereby irrevocably submits to the 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 Authority to take proceedings against the Contractor 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. 41 COMPLIANCE WITH THE LAW 41.1 The Contractor shall, in supplying the Services and all other obligations incumbent upon it in terms of this Contract, comply in all respects with, and shall ensure its Staff comply with, all relevant legislation (including statutory instruments, orders, rules and regulations) and all relevant byelaws, regulations, rules or orders made by any appropriate local or regulatory authority or body as may from time to time be applicable. 41.2 If the cost to the Contractor of the performance of this Contract shall be increased by reason of the making after the date of this Contract of any relevant law or any relevant order, regulation or bye-law having the force of law that shall be applicable to this Contract the amount of such increase shall be borne by the Contractor except where the relevant law, order, regulation or bye-law having the force of law is specific to the Authority and/or the provision of the Services in which case the terms of clause 13 shall apply. 42 NON EXCLUSIVITY 42.1 Nothing in this Contract shall be construed as creating an exclusive arrangement with the Contractor for the provision of Services as specified in this Contract and the Collaborative Partners specifically reserve the right to enter into any other agreement for the provision of those Services. None of the Collaborative Partners are under any obligation to place any Purchase Orders with the Contractor. 43 CONTRACTOR LEVY CLAUSE 43.1 The Contractor will facilitate the introduction of a Contractor levy as notified by the Authority to the Contractor at any time during the period of the Contract or any extension. 44 FORCE MAJEURE 44.1 Neither Party shall be liable to the other Party for any delay in performing, or failure to perform, its obligations under the Contract to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Contract for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Contract for a period in excess of 6 Months, either Party may terminate the Contract with immediate effect by notice in writing. Schedule A-17 Restricted – Contracts Ref: 138244 April 2009 44.2 Any failure or delay by the Contractor in performing its obligations under the Contract which results from any failure or delay by an agent, sub-contractor or supplier shall be regarded as due to Force Majeure only if that agent, sub-contractor or supplier is itself impeded by Force Majeure from complying with an obligation to the Contractor. 44.3 If either Party becomes aware of Force Majeure which gives rise to, or is likely to give rise to, any failure or delay on its part as described in clause 44.1 it shall immediately notify the other by the most expeditious method then available and shall inform the other of the period for which it is estimated that such failure or delay shall continue. 45 SUSTAINABLE DEVELOPMENT 45.1 The Contractor must comply with the Authority’s sustainable development strategy with respect to the delivery of this Contract. The Contractor’s policies and processes will support the Authority’s ‘Greener Scotland’ strategic objective including: a proactive approach to sustainable consumption and the efficient use of resources; consideration given to social and environmental consequences; policies which ensure that business activities have a direct positive impact on climate change and energy; and, policies which encourage natural resource protection and environmental enhancement. End of Schedule A Schedule A-18 CENTRAL GOVERNMENT PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES SCHEDULE B SPECIFICATION REFERENCE: CASE 138244 Restricted – Contracts Ref: 138244 April 2009 Schedule B Specification Glossary of Terms 1. Background 2. Overview of Requirements 3. Scope of Requirement 4. Quality 5. Qualifications and Experience 6. Hours of Work 7. Security 8. Locations 9. Management Information Requirements 10. Complaints 11. Contract Management 12. Service Levels 13. Invoicing/Order Placement Procedures 14. Continuous Improvements 15. Transitional Arrangements 16. Transition After Expiry 17. Travel and Subsistence Annex 1: Languages Annex 2: Location SCS/COPFS Annex 3: Collaborative Partners Annex 4: Code of conduct Annex 5: Attendance/Monitoring Form Annex 6: Purchase Order Process Annex 7: Service Levels and Service Credits Annex 8: e Procurement List Index Page Restricted – Contracts Ref: 138244 April 2009 Schedule B Specification 1. Glossary of Terms “The Authority” – Within the context of this contract, the Authority refers to the Scottish Ministers. The Authority will be responsible for the formulation and approval of the tender documents, award decisions and will act on behalf of the central government Collaborative Partners on all matters of strategic contract management. “CGCoPE” – Central Government Centre of Procurement Expertise. A division within the Scottish Procurement Directorate responsible for facilitating User Intelligence Groups and collaborative procurement exercises for goods and services classified as Category B following the review of public procurement in Scotland (McClelland Report). “CGCoPE Strategic Contract Manager” – The individual who will act on behalf of Collaborative Partners, and serve as the sole point of contact, for all contractual matters. The Strategic Contract Manager will take receipt of consolidated management information, and will facilitate contract review meetings with the Contractors’ Contract Manager. They will monitor agreed service levels, ensure the satisfactory resolution of any strategic contractual disputes or complaints and will work on an ongoing basis with the Collaborative Partner’s Contract Manager to confirm that consistent levels of service are delivered. “Collaborative Partners” – Within the context of this contract, the term Collaborative Partners refers to all Directorates and Agencies of the Scottish Government and Non-Departmental Public Bodies (NDPBs) who opt to use the contract for Interpreting, Translation and Transcription Services. This may also include the Scottish Parliamentary Corporate Body (SPCB), the Forestry Commission, the Scotland Office, the Student Loans Company Ltd and the Seafish Industry Authority. A list of all Collaborative Partners can be viewed in Annex 3. This is correct at time of writing. “Collaborative Partner’s Contract Manager” – The individual who takes operational responsibility for the day-to-day management of the contract. Typically a Manager within the Collaborative Partners organisation. The Collaborative Partner’s Contract Manager – or nominated individual – will liaise directly with Contractor(s) for all Interpreting, Translation and Transcription Services including local management information. They will work with the Strategic Contract Manager and Collaborative Partners across central government to monitor overall customer satisfaction, continuous improvement and development of best practice. “User Intelligence Group (UIG)” – Within the McClelland Report it was recommended that organisations establish UIG’s to help co-ordinate requirements and specifications so that procurement functions can rationalise the content of tenders and contracts to obtain best value. The UIG provides feedback to procurement on the services provided to the wider internal user community and – under procurement supervision – is a forum in which suppliers can demonstrate their offerings. “Assignment” – The period during which the Interpreter, Translator Transcriber is supplied by the Contractor to render services to the Collaborative Partner. “Interpreter” – A person who accurately conveys the meaning of speech from one language to another. “Translator” - A person who accurately conveys the meaning of written words from one language to another. “Transcriber” – A person who accurately conveys communication from text or speech or other forms of media from one language to another. Schedule B-1 Restricted – Contracts Ref: 138244 April 2009 1. BACKGROUND 1.1 In 2005, the then Minister for Finance and Public Sector Reform requested that a review of public procurement in Scotland be undertaken. John F. McClelland CBE carried out this review and his report and recommendations were published in March 2006. To view the report please follow the link below: McClelland Report 1.2 One of the most significant opportunities highlighted in the McClelland Report was that of collaborative working across the public sector. This would: encourage better sharing of resources; create improved cost savings across the sector; support a more efficient and less complex interface to suppliers; and, improve sharing of best practice and market intelligence. 1.3 This contract for Interpreting, Translation and Transcription services, comes as a direct result of implementing the recommendations of the McClelland Report and has been classified as a Category B commodity i.e. – central government sector specific. Whilst the contract will not be mandated across the Collaborative Partners, organisations within the central government sector will be encouraged to use it by the CGCoPE (Central Government Centre of Procurement Expertise) Supervisory Board. 1.4 It is the intention that Collaborative Partners will look to migrate to the new contract as and when they reach the conclusion of their current contractual arrangements. At their own discretion, Collaborative Partners may opt to terminate their current contractual arrangements early, should they decide this to be in their best interests. 1.5 Further information on the Scottish Government can be found by accessing the following link: www.Scotland.gov.uk/Home 2. OVERVIEW OF REQUIREMENTS 2.1 The Scottish Ministers (herein referred to as “the Authority”) require to establish a framework contract on behalf of central government organisations, for the provision of Interpreting, Translating and Transcription services , on behalf of the Scottish Government, its Agencies, Associated Departments and NDPBs plus the Scottish Parliamentary Corporate Body (SPCB), the Forestry Commission, the Student Loans Company Ltd, Business Stream Ltd the Scotland Office and the Seafish Industry Authority (herein referred to as the “Collaborative Partners”). 2.2 The Scottish Ministers (including Agencies) acting through CGCoPE , Scottish NonDepartmental Public Bodies, offices in the Scottish Administration which are not ministerial offices, cross border public authorities within the meaning of section 88(5) of the Scotland Act 1998, the Scotland Office, the Scottish Parliamentary Corporate Body, special health boards, the Forestry Commission, Scottish Futures Trust, Student Loans Company, Business Stream Ltd any public body established by or under the Scotland Act 1998 or Act of the Scottish Parliament, any association of or formed by one or more of the above, bodies financed wholly or mainly by one or more of the above, bodies subject to management supervision by one or more of the above and bodies more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by one or more of the above. Schedule B-2 Restricted – Contracts Ref: 138244 April 2009 2.3 The Central Government Centre of Procurement Expertise (CGCoPE), in collaboration with the wider central government sector, is seeking to place an Interpreting, Translation and Transcription Services Framework Agreement for delivery throughout Scotland. 2.4 Primarily this services will be to provide an Interpreting (face to face), Translation and Transcription services to the Scottish Court Service (SCS), the Crown Office and Procurator Fiscal Service (COPFS), the Scottish Legal Aid Board (SLAB) and the Scottish Children's Reporter Administration (SCRA), although other Scottish Central Government organisations will make use of this service. 2.5 The Authority does not guarantee that any or all of the central government Collaborative Partners will opt to use this Framework, nor does the Authority guarantee any volumes of usage throughout the life of this contract. However, in order to provide an indication of the potential scale of the requirement, research conducted into spend levels on Interpreting, Translating and Transcription services indicates an annual spend in the region of £4 - £6 million. 3. SCOPE OF REQUIREMENTS 3.1 GENERAL 3.1.1 The Authority requires Contractors to provide comprehensive spoken language interpreting services, document translation and the transcription and translation from word documentation or electronic media into word documents, to fulfil the current and evolving needs of the Collaborative Partners. 3.1.2 The scope of service from the SCS, is a responsibility for arranging spoken language interpreters for certain court proceedings. The vast majority of the requirement for these interpreting services will be for those accused in criminal court proceedings that are unable to speak or understand English, but there may be occasions when an interpreter is required for civil proceedings. 3.1.3 Spoken language Interpretation Services are required to be provided by qualified and experienced personnel to interpret a wide range of languages. The aim of the Services is to arrange interpreting facilities, as and when required for accused persons and others, when instructed to do so by SCS. 3.1.4 SCS premises are located across the length and breadth of Scotland, from Lerwick in the north to Stranraer in the south-west. However the bulk of court business is carried out at the courts in Edinburgh and Glasgow and in the central belt of Scotland. 3.1.5 The COPFS also has responsibility for instructing interpreting services for prosecution witnesses, and for the translation and transcription of style documentation, tapes and other forms of electronic media in the course of case preparation for court. In addition, with the increase in cross border liaison in relation to the investigation and prosecution of crime and victim awareness, there is a developing requirement for the translation and transcription of both court documentation and correspondence for issuing to individuals and to foreign prosecution agencies. Some of this can be sensitive in nature. In relation to interpreting requirements, the police provide an assessment of communication and language needs in the police report and advise the Procurator Fiscal if interpreting services are required. 3.1.6 Whilst there is a heavy emphasise on the requirements of our “legal” collaborative partners, predominantly the Scottish Court Service (SCS), the Crown Office and Procurator Fiscal (COPFS), as well as Scottish Legal Aid Board (SLAB) and Scottish Children's Reporter Administration (SCRA); other Scottish central government organisations will make use of the services. Schedule B-3 Restricted – Contracts Ref: 138244 April 2009 3.2 INTERPRETERS 3.2.1 The Authority requires interpreting services in a wide range of spoken languages. A schedule showing language use in the period 2008/9 is included at Annex 1. 3.2.2 The Contractor shall provide a comprehensive Interpreting Service from English into most languages and from those languages into English or other languages. The languages listed at Annex 1 are those that have been most commonly required and Contractors need to give an indication of their ability to provide service for those languages. Contractors may from time to time be required to provide Interpreters able to interpret languages not on this list. 3.2.3 The Contractor’s staff delivering the Services must be suitably qualified and competent for the Services they are to provide and have agreed to abide by the terms within the Code of Conduct included in Annex 4 of this document. Information which they may acquire in delivering the Services must be held in the strictest confidence. 3.2.4 Providing the qualifications and experience of the Interpreter meets our requirements, the preferred option is that Contractors will supply interpreters who live in the area and can travel most economically to the venue where the service will be delivered. It is anticipated that the successful Contractor will have a “pool” of interpreters who live in or around the main centres of population and are available within the agreed time frame to deliver the most frequently needed languages as listed in Annex 1. 3.3 METHOD 3.3.1 For each assignment a letter of instruction will be issued (see example at Annex 6). This may be as a follow-up to a telephone call in the case of short-notice requests. 3.3.2 A copy of the charges, where applicable, (copy summary complaint or copy indictment) will be provided for each case. In the case of instructions for witnesses for case preparation, a copy complaint or indictment may not be available in which case a description of the offences which may make up a complaint or indictment will be provided. 3.3.3 For each interpreter provided for an assignment a statement (as referred to in paragraph 5 “Qualifications”) must be provided. 3.3.4 It is not intended that a copy of the Code of Conduct in Annex 4 will be issued each time an interpreter is requested, however, every interpreter must have seen, read and signed a copy of the Code of Conduct. The Contractor should store a copy of the signed Code of Conduct as it may be required to be viewed at a later date. 3.3.5 On completion of each assignment the interpreter must complete the Interpreter Attendance / Monitoring Form (see Annex 5). The interpreter must sign the declaration that they have read and understood the Code of Conduct and that the fees submitted are as per the Framework Agreement. 3.4 DELIVERY 3.4.1 Collaborative Partners will aim to give a minimum of two weeks written notice in instructing an interpreter, but such a period cannot be guaranteed. There will be some cases where short notice, 24 hours or same day, requests for services will be necessary. 3.4.2 Requests for the Services may come via a telephone call followed up by a written request from staff at the Collaborative Partners offices, or by a written request from collaborative partners’ staff. A member of staff will notify the Contractor of the language required, the name of the individual requiring an interpreter, and the date, time and venue of where the Interpreter is to attend. The Contractor must confirm within 24 hours of receiving the call the name, qualifications and experience of the Interpreter who will attend. Upon arrival the Interpreter Schedule B-4 Restricted – Contracts Ref: 138244 April 2009 must report to the Reception point where a member of Collaborative Partners e.g. SCS staff will take their name and the name of the client. 3.4.3 The Contractor will provide a 24 hour, 7 days a week reservation line for receiving short notice requests e.g. requests made by the Police on behalf of one of the Collaborative Partners. 3.5 SCOPE OF LANGUAGES AND LOCATION 3.5.1 Please complete the table in Annex 1 indicating the languages covered by your offer and the number of employees who would be available for each language. 3.5.2 State clearly which courts/offices/areas you can service by placing the number associated with the court (see Annex 2) in the column. 3.5.3 Please also indicate the number of such employees who possess a Diploma in Public Service Interpreting (DPSI)(Scottish Legal Option). Details of employees who hold a qualification felt to be an equivalent to a DPSI should be supplied as part of Additional Information within this tender specifying the qualification and number of employees in possession of such. 3.5.4 The languages currently most commonly requested by SCS are indicated in bold; this information is for reference only and does not indicate future requirements. Contractors are required to keep up to date regarding other nationalities / languages that are or will become more of a demand (e.g. change of Government policy on immigration, intakes of refugees into the region etc). 3.5.5 Within the delivery arrangements outlined above, the Contractor should ensure that the allocation of an interpreter to deliver the Services fully takes account of the nationality, ethnic / religious background, gender orientation and health considerations of both the Interpreter and the Collaborative Partner client so as to avoid the possibility of conflict. The Contractor should include information when proposing an interpreter that this has been considered, so as to avoid the possibility of this or any other type of conflict. 3.6 TRANSLATION AND TRANSCRIPTION SERVICES 3.6.1 The Contractor shall provide a comprehensive translation and transcription service from English into most languages and from those languages into English or other languages. The languages listed at Annex 1 are those most commonly required and Contractors need to give an indication of their ability to provide service for those languages. 3.6.2 The translation and transcription service provided will include: a. b. c. d. e. 3.6.3 Text to text Speech (audio) to text including tape recordings and other electronic media, audio and video, to text Text to speech (audio) – including tape recordings and other electronic media, audio and video Braille – or other tactile or touch formats The Contractor will provide a service which will be available between 8am – 6pm Monday to Friday of each week and on bank holidays if required. The service will have a single access Gateway for all customer organisations. The computer software to be used must be agreed with the Collaborative Partner and updated as necessary to ensure effective service provision. (Note computer software needs to be secure for electronic transfer of court documents). Schedule B-5 Restricted – Contracts Ref: 138244 April 2009 3.6.4 All interpreters, translators and transcribers carrying out interpreting assignments translation and transcription work must have permission to work in the UK. 3.6.5 For translation and transcription, the Contractor will be required to provide the following five levels of turnaround time (one of which levels will be selected by the Collaborative Partner for each individual order); a. 24 hours b. 48 hours c. Three working days d. Five working days e. Ten working days In some cases there may be a request for services to be provided within 24 hours i.e. same day delivery. 3.6.6 It is envisaged that occasionally there will be requirements for large scale work that cannot be fitted within these timescales: for example, a 500 page document to be transcribed and translated, involving design work. 3.6.7 The Collaborative Partner will specify the nature of the service required, for example: a. Whether an exact or loose transcription or translation is required (in the majority of instances, as the documentation will potentially be required for court proceedings, an exact translation and/or transcription will be required); b. Whether a specialist translation is required, for example technical, scientific, legal, and medical or similarly specialist category; c. Whether there is a design, illustration or type setting requirement; d. Whether proof-reading is required; e. Whether experience, knowledge, or command of specialist terminology of the subject area is required; f. Whether the work carried a classified security rating; g. Whether there are any partiality or conflict of interest considerations; and h. Whether there is a localisation issue, including whether information is culturally sensitive, appropriate to a wide range of reading levels, or too colloquial or academic. 3.6.8 Material to be translated and transcribed will include but not be limited to the following types: a. b. c. d. e. f. Court documentation, including, but not exclusively, statements, summonses, complaints, copy indictments Departmental websites Publications Forms and leaflets Posters Press advertisements Schedule B-6 Restricted – Contracts g. h. i. j. 3.6.9 Ref: 138244 April 2009 Correspondence to and from customers and the general public, both within and outwith the UK Correspondence and other court related documentation from EU and other Governments, their courts and prosecution authorities Policy papers from EU and other Governments Transcripts of Digital TV Channels The Authority intends to carry out an independent review on up to 2% of all translations and transcriptions and the results of these reviews will be submitted to the relevant user. This information will be made available to the contractor at the regular management meetings. 3.6.10 Where required, translations and transcriptions will be completed by a UK-based translator or transcriber. 3.6.11 The Contractor is required to maintain consistency of style and terminology using available electronic media as appropriate and available for the purpose. The Contractor should aim to use this to reduce translation spend and improve timescales on pro-forma letters and frequently repeated documents. The Contractor will ensure that maximum benefits are achieved by the Collaborative Partner as a result of this approach and will ensure that there are reduced costs as there is no need to pay again for standard text which has already been translated. Contractors must apply an appropriate discount in relation to matched or repeated text, and will identify at the time of requisitioning documents to which the discounting will apply. Contractors should aim to improve quality and consistency and speed up the translation process. 3.7 Ancillary Services 3.7.1 In addition to normal translation and transcription services, the Contractor will be required to provide as required: a. b. c. d. e. f. g. 3.8 Proofreading Typesetting Artwork Terminology advice Adaptation of translated text to the needs of the target audience Post editing Checking of printed proofs Additional Requirements a. An interpreting, translation and transcription service for languages other than those listed at Annex 1. b. A single point of contact for all users of the service; c. A service for receiving and processing requests from individual Collaborative Partners and for opening accounts for and issuing invoices to each of those individual business units; d. Provision for moving to electronic invoicing at the outset of or during the term of the Contract; e. A standard order form, the format to be agreed with the Authority; f. An effective, efficient, and economic process for the transmission of material between the ordering point and the Contractor. This must make maximum use of electronic communication technology; Schedule B-7 Restricted – Contracts g. Ref: 138244 April 2009 A Help-Desk facility to provide assistance to customers, information on ordering procedures, and advice and guidance on translation and transcription questions. 3.9 Electronic Transfer of Documents 3.9.1 Contractors will make maximum use of electronic means for the transfer of documents where feasible. Contractors will achieve this using a variety of technologies, media and methods (such as internet, e-mail, fax, or other electronic means, as well as postal or courier services), The Authority will require differing transmission media and in most cases the option to use any or all available media, including procedures and delivery means for transmitting large documents must be available. Contractors should ensure they address the issues of (i) security and (ii) typeface for non-western European languages. For reasons of security, postal or courier services may be excluded from acceptable use. 3.9.2 The Contractor shall agree to the detail on the transfer of documents with Collaborative Partners during the implementation period. 3.9.3 There will be occasions when the transfer of documents by normal electronic means will not be appropriate: for example, where security or confidentially is an issue. 3.9.4 Computer software needs to be secure for electronic transfer of court documents. 4. QUALITY 4.1 To protect the interest of the Collaborative Partners and their customers, it is imperative that the quality of service provided is of the highest order. To this end the Contractor must be able to demonstrate a strong commitment to quality. The Contractor will provide details of their quality plan to Collaborative Partners and this will set out the steps to be taken to ensure delivery of the required level of performance. Regular management meetings will take place to ensure smooth start up and continued successful operation of the Contract. 4.2 Key areas in respect of quality will be: h. i. j. k. l. m. n. Quality plan; Internal systems and procedures; Quality of resources including sub-contracted translators and transcribers; Quality of monitoring, reporting and corrective actions including measuring user satisfaction, provision of a complaints mechanism, and a process for dispute resolution; Quality of induction of users Continuous improvement strategy Independent quality measurement tools employed e.g. EFQM, IIP, BS, etc. 5. QUALIFICATIONS AND EXPERIENCE 5.1 The Contractor must ensure that there is sufficient level of trained and competent staff to deliver the services. Contractors must ensure that those interpreters, translators and transcribers to be used under the Framework meet the necessary qualification standards and other requirement. The Authority may ask for details of each of the interpreters, translators and transcribers who will be delivering the service once a contract has been awarded. Details requested may include level of experience, any experience in court work, training & qualifications and languages spoken. Schedule B-8 Restricted – Contracts Ref: 138244 April 2009 5.2 Interpreters should hold the **Diploma in Public Service Interpreting (Scottish legal option) or its equivalent and who have recent experience of consecutive and simultaneous interpreting in the criminal court context. 5.3 Translators should hold the the Diploma in Translation (DipTrans). 5.4 Where a spoken language interpreter, who does not have the required formal qualifications as noted in the preceding paragraph** or who has little or no court experience, is assessed and recommended to undertake the work, the Contractor must provide a full written report of the basis of that assessment and recommendation. A record must be kept of the efforts made to obtain a suitably qualified interpreter and explaining the reasons for engaging the interpreter who was provided by the service. In every case the Contractor must supply a statement detailing: a. The qualifications and experience of the interpreter recommended b. The basis of the Supplier’s assessment of the interpreter, and c. Why the Supplier considers the interpreter to be suitable for the assignment 5.5 The report must be submitted in advance of the assignment and for each court appearance. The Contractor shall ensure the currency of interpreter’s disclosure certificates for the period of the contract. 5.6 The Contractor will ensure that interpreters, translators and transcribers (including freelance interpreters, translators and transcribers) shall: 5.7 a. Be fully qualified in the languages they interpret, translate or transcribe, with a specialism in any specialist terminology, current idioms and dialects: b. Maintain and develop their command of English and the other language(s) they interpret, translate or transcribe. c. Have an understanding of the particular subject on which they are working. There may be some cases due to the complexity or sensitivity that a higher level of qualification is required, for example: Educated to degree level or satisfactory equivalent Minimum of 3 years professional interpreting or translation experience Recognised post-graduate qualification in interpreting or translation Provision of two references or details of referees Satisfactory completion of a test translation If and when this is required Contractors will be notified in the purchase order form. 6. HOURS OF WORK 6.1 Courts sit every week-day from Mondays through to Fridays. Witnesses who are cited to attend at court must arrive no later than 10.00am on the day of the citation and are required to wait until their case is called. Most court business is conducted between the hours of 10.00am and 5.00pm each day although local practices may vary. Occasionally courts will sit into the evening. Witnesses or bereaved families may also be asked to attend at the office of a Procurator Fiscal between the hours of 9.00am and 5.00pm. Courts can be convened on rare occasions at the weekend. Accordingly provision of interpreting services, even in the remoter parts of the country distant from the central belt, must be able to be accommodated within the general working hours of 8.00am and 6.00pm – and outwith these hours if so instructed. Courts and The Procurators Fiscals offices observe 10 public holidays per year. Whilst the bulk of the interpreting for SLAB will take place in solicitors’ offices during Schedule B-9 Restricted – Contracts Ref: 138244 April 2009 normal working hours, there may a requirement for an interpreter where a solicitor is required to visit a client in custody/hospital, etc during the night or at weekends. 6.2 The Contractor will ensure that the Interpreter will be available from the planned start time until discharged by the representative of the Collaborative Partner, i.e. until the case on which he has been instructed has been concluded. 7. SECURITY 7.1 Collaborative Partners may require different security procedures to be carried out prior to an individual taking up any assignment. Additional costs, incurred as a result of carrying out the required security procedures, will NOT be borne by the Collaborative Partner. 7.2 Disclosure Scotland is a service provided by Scottish Ministers to manage and operate the Disclosure service in Scotland as provided for in part V of the Police Act 1997. Collaborative Partners may require Contractor’s staff to have gone through Standard Disclosure prior to taking up assignment. This will be notified to the Contractor when the Collaborative Partner orders services under the Framework Agreement. Standard Disclosure provides a criminal records certificate which displays records of both spent and unspent convictions. The Collaborative Partner must have sight of a valid original certificate prior to staff being allowed access to the Collaborative Partners’ premises. Disclosure certificates are valid for one year from date of issue. 7.3 All interpreters, translators or transcribers involved in the criminal justice process must be vetted to the level of Standard Disclosure, via Disclosure Scotland. However, interpreters, translators or transcribers vetted to a higher level may be required in cases of complexity or sensitivity. In particular, but not exclusively in relation to translation and transcription requirement, there may require to be an enhanced security clearance of the proposed interpreter, translator or transcriber. 7.4 When a Disclosure Certificate is first obtained, a contracted Interpreting Agency must notify the nominated contact at the collaborative partner HQ should any convictions or nonconviction information appear on the Disclosure Certificate. [The Collaborative Partner will then make a decision as to whether the individual concerned may be engaged as an interpreter with them.] If at any time a contracted Interpreting Agency becomes aware that an interpreter is convicted of any offence then the contracted Interpreting Agency must notify the nominated contact at the collaborative partners HQ. 7.5 Costs for this must be borne by the Contractor. The Authority accepts no liability for costs incurred in the process of obtaining such disclosure certification. In certain particularly sensitive cases, 7.6 The successful Contractor(s) shall ensure the currency of interpreter’s disclosure certificates for the period of the contract. 7.7 The Contractor must provide a secure and confidential translation facility. Contractors shall ensure that they have sufficient safeguards and measures in place to deal with materials carrying a security or confidential classification and otherwise sensitive documents, including but not limited to IT security procedures. 7.8 Translators and transcribers used for security classified or sensitive documents are to be vetted and the security credentials of these translators and transcribers shall be notified in advance in writing to the customer before relevant work commences. Schedule B-10 Restricted – Contracts Ref: 138244 April 2009 8. LOCATIONS 8.1 The justice system has approximately 52 locations throughout Scotland. locations are at Annex 2. 8.2 There are potentially 70+ other Collaborative Partners that will be able to call off against this contract. Details of these can be found at Annex 3. 9. MANAGEMENT INFORMATION REQUIREMENTS 9.1 The Contractor shall maintain appropriate management information systems and will prepare and submit monthly reports to the Collaborative Partner’s Contract Manager. Such reports shall be tailored to show only information that is relevant to that particular Collaborative Partner. A monthly report which consolidates information for all Collaborative Partners shall be submitted to CGCoPE’s Strategic Contract Manager. Reports should be submitted to the appropriate individual with 15 working days of the end of each month. Such management information shall include, as a minimum, the following details: Details of the organisation; department; location; client contact; a. The number of items of work undertaken b. The value of work done by item and in aggregate c. The language(s) interpreted translated and transcribed per item and in aggregate d. Any outstanding settlements e. The performance standards f. Turn around time achieved g. Complaints received from customers about the service and resolutions achieved. h. Details of each instance where the Contractor has failed to supply the service required with detailed reasons for the failure. 9.2 The exact format and style of the reports shall be agreed with each of the Collaborative Partners after the award of the Contract. 9.3 The Contractor shall monitor variations in the proportion of languages interpreted and translated, and advise the Strategic Contract manager of any variations in excess of 25% in any given quarter. 9.4 The Contractor is expected to work with the Collaborative Partners, and adjust reports as required, throughout the duration of the Contract. 9.5 The Contractor is expected to work with the Collaborative Partners, when required, to provide information relevant to Freedom of Information requests, Parliamentary Questions or Ministerial Correspondence. Schedule B-11 Restricted – Contracts Ref: 138244 April 2009 9.6 The Collaborative Partner will encourage the use of innovative practices, which may include but will not be restricted to, dashboard style reporting, security protected online management information systems, or processes which support sustainable development and the Scottish Ministers’ ‘Greener Scotland’ strategic objective. 9.7 Quarterly review meetings with the CGCoPE Strategic Contract Manager should focus on continuous improvements and the development of best practice across all Collaborative Partners, including the numbers of employees who have achieved a greater degree of certification, such as DPSI during the period. 9.8 The Contractor will create and carry out a biannual survey of Contract users to gauge levels of satisfaction with the Contract. Survey findings should be shared with both Collaborative Partner Contract Managers and the CGCoPE Strategic Contract Manager, and should be used as a basis from which to ensure continuous improvement, address any concerns that are identified and highlight successes and best practice. 9.9 The Contractor shall maintain appropriate management information systems to monitor their own performance against agreed services levels. Information will be used to prepare a monthly report of the Contractors performance, to be submitted to the Collaborative Partner’s Contract Manager. Such reports shall be tailored to show only information that is relevant to the specific organisation. 10. COMPLAINTS 10.1 Complaints of any nature surrounding the performance of the Contract must be acknowledged by the Contractor within 2 working days. The Contractor is required to maintain a full record of all complaints raised, the escalation within its own organisation, any response provided and the resolution status. 10.2 The Contractor shall operate a clear written protocol, as approved by the Authority, for handling complaints timeously and effectively. 10.3 The Contractor will maintain an efficient system to record, handle and resolve complaints relating to service delivery. This system should allow for the identification and tracking of particular complaints from initiation to resolution. Details of such complaints and proposed and/or completed corrective action will be reviewed at regular review meetings 11. CONTRACT MANAGEMENT 11.1 The Contractor will appoint a suitable Account Manager to liaise with CGCoPE’s Strategic Contract Manager. Any / all changes to the terms and conditions of the Contract will be agreed in writing between CGCoPE’s Strategic Contract Manager and the Contractor’s appointed representative. 11.2 The Contractor will ensure that there will be dedicated resources to enable the smooth running of the Contract and will provide a clear plan of contacts at various levels within their organisation. Some Collaborative Partners may look to migrate to this Contract as and when their current contractual arrangements expire. The Contractor will, where necessary, assign additional personnel to this Contract to ensure agreed service levels are maintained and to ensure a consistent level of service is delivered to all Collaborative Partners. 11.3 In addition to regular meetings with CGCoPE’s Strategic Contract Manager, the Contractor is expected to develop relationships with nominated individuals within each Collaborative Partner to ensure that the level of service provided on a local basis is satisfactory. Where specific problems are identified locally, the Contractor will attempt to resolve such problems with the nominated individual within that organisation. The CGCoPE Strategic Contract Schedule B-12 Restricted – Contracts Ref: 138244 April 2009 Manager will meet regularly with the Collaborative Partner’s Contract Manager, and where common problems are identified, it will be the responsibility of the Contractor to liaise with the Strategic Contract Manager to agree a satisfactory course of action. Where the Contractor becomes aware of a trend that would have a negative effect on one or more of the Collaborative Partners, they should immediately notify the Strategic Contract Manager to discuss corrective action. 11.4 Regular meetings will be held between the CGCoPE Strategic Contract Manager and the Contractor's representative to review the performance of the Contract against the agreed service levels. 12. SERVICE LEVELS 12.1 Service Levels are the levels of performance which the Contractor is required to meet in his performance of this Contract. Service Credits are deductions from the sum paid to the Contractor for the services provided when the Contractor has failed to meet the levels of performance required by the Authority. Service Levels and Service Credits can be found at Annex 7 to Schedule B. 12.2 The Contractor shall provide a report on Service levels and service credits within 5 days after the end of the calendar month and will be an item for discussion at the Quarterly Meeting. 13. INVOICING/ORDER PLACEMENT PROCEDURES 13.1 Charges are to be based on the agreed rates for the Contract which are detailed in Schedule C – Pricing Document. 13.2 The Contractor must have the ability to present invoices either weekly or monthly in arrears as per the requirement of each Collaborative Partner. At the commencement of the Contract, the Contractor will liaise with each Collaborative Partner’s Contract Manager to ascertain any specific requirements of their organisation. This may include, but is not limited to, electronic consolidated invoicing or invoicing by cost centre. Invoices must clearly identify the cost centre or purchase order number – where applicable – and show the name(s) of Interpreter, provided, hours charged for and the rate(s) charged. The Collaborative Partner shall not be responsible for any delay in payment of the invoice where it does not contain the agreed information required by the Collaborative Partner. 13.3 The central government sector is implementing e-commerce solutions. As a result, Collaborative Partners may look to place purchase orders using e-procurement systems (e.g. eProcurement Scotland (ePS)). The Contractor must be willing to work with Collaborative Partners to support e-commerce solutions which will encompass: methods of placing orders; purchase order receipt and processing; the completion of timesheets; and, billing or payment options to facilitate consolidation and automation of invoices. 13.4 The ePS service is enabling the entire Scottish public sector, including central government, local government, tertiary education and the NHS, to achieve the cost savings and efficiencies of eProcurement. It is a fully hosted and managed 24 x 7 eProcurement service which supports the full purchase to pay cycle, providing a range of services including esourcing (electronic tendering and auctions) and transactional purchase to pay solutions. ePS was procured by the Scottish Government for the whole of the public sector in Scotland to use. The service is provided by CapGemini UK using Elcom’s technology platform. A national eProcurement programme team manage the roll out of the service. 13.5 ePS has already been rolled out to many of Scotland’s central government organisations and this process will continue to be rolled out (please refer to Annex 8 of this Schedule for organisations on ePS at the time of writing). However, it should be noted that ePS has not Schedule B-13 Restricted – Contracts Ref: 138244 April 2009 been mandated and as a result there may be a need for the Contractor to work with other eProcurement platforms. The Contractor is expected to work with Collaborative Partners to support and enable their chosen eProcurement route and assist in the desire to move towards electronic invoicing. 13.6 The underlying objective of the ePS service is to catalyse large scale change in the conduct of public sector procurement in Scotland and to fully support Scottish Ministers’ intention of making Scotland the best country in the world for suppliers to do business with Government. The service is designed to allow implementation in accordance with local needs and to allow local choice over which suppliers are available to users. The service is therefore designed to support transactions with any supplier, from Small-Medium Sized Enterprises (SMEs) to multinationals. 13.7 ePS is an approach to public sector procurement that delivers rapid, sustainable and significant benefits to participating organisations. ePS drives forward commitment to public sector excellence, focuses on achieving the best value for government, for business and the people of Scotland. There are two types of benefits for suppliers: 13.8 Transactional Benefits a common technical standard for interfaces across the public sector for catalogues, orders and payment mechanisms; access to a broader market; development of eCommerce capabilities; less requirement for credit control and bad debt chasing; and, significantly reduced return rate because of misunderstood orders. 13.9 Business Benefits the service has been established with the aim of addressing some long standing issues in the conduct of public sector procurement which has not always respected the needs of business and often puts bidders to unnecessary cost and effort. The effects of this are particularly acute for SMEs. 13.10 For more information on the ePS service, please refer to www.eprocurementscotland.com 13.11 Supplier eEnablement is the process of enabling suppliers to conduct business electronically through ePS. A clear and consistent approach is used by the Programme in the eEnablement of suppliers. The consistency ensures a professional, standard approach, removing duplication of effort and mixed messages. There are a number of different options available to suppliers in the provision of content, transmission of orders and payment of goods/services: 13.12 Content Options eCatalogue – Simple to create, using a standard Excel template to detail products, pricing, United Nations Standard Products and Services Code (UNSPSC), images etc. Punch Out – Where a transactional website has already been developed by the supplier, ePS will connect to this website allowing users to create a shopping basket and bring back the details to complete the requisition within ePS. Dynamic Document – A dynamic document shows visual representation of actual product, for example, a business card. eForm – This is a “Request Form” that allows a user to describe / specify needs more closely in freeform text. Schedule B-14 Restricted – Contracts Ref: 138244 April 2009 Blanket Order – Used predominantly for “call off” or “framework” agreements as it allows users to call off amounts from a pre-defined purchase order. Non Catalogue – Allows users to enter free-text requisitions where none of the above content options are available. 13.13 Connection Options Post – A paper purchase order is produced by ePS and posted to the supplier. Fax – ePS creates an electronic fax purchase order that is sent automatically to the supplier. E-mail – ePS produces an e-mail purchase order that is automatically sent to the supplier’s email inbox. Electronic Date Interchange (EDI) – ePS sends a file / purchase order through EDI to the supplier’s back office. cXML – ePS sends a cXML file to the supplier’s back office. 13.14 Payment Options Paper Invoice – Supplier submits a paper invoice to the organisation as standard for each purchase order received. Embedded Purchase Card – This payment option allows the supplier to charge for the cost of the goods/services provided to a VISA Government Procurement Card (GPC) belonging to a buying organisation. The supplier will receive payment from VISA therefore negating the need to provide an invoice to the buying organisation. Consolidated Electronic Invoice – Supplier submits a single invoice covering multiple purchase orders in an electronic file. Self-Billing – Once the Goods Received Note (GRN) has been entered on ePS, a payment instruction is automatically sent to the finance system to make payment to the supplier for the goods / services received. 13.15 Electronic Invoices – Supplier submits an electronic invoice directly to ePS or a finance system. 13.16 The Contractor is required to work with Collaborative Partners and the Strategic Contract Manager in the promotion of process efficiencies. These could include, but are not limited to: online ordering; electronic or web-based timesheets; electronic consolidated invoices and other innovations suggested by the Contractor. However, due to the nature of this collaborative procurement, the Collaborative Partners will be at different stages of automation. Accordingly, the Contractor should be able to provide ‘traditional’ forms of communication, such as, order via telephone and facsimile, paper timesheets and invoices. 14. CONTINUOUS IMPROVEMENT 14.1 The Contractor will implement a system that delivers continuous improvement over the contract period. By continuous improvement, it is meant that improvements are to be delivered for one or more of the following outputs on an ongoing basis: reduction in whole life costs to the Authority; quality (reliability, delivery etc.); Schedule B-15 Restricted – Contracts Ref: 138244 April 2009 user satisfaction; specified contract services levels; qualifications of its employees. 14.2 Continuous improvement will be monitored by the CGCoPE Strategic Contract Manager in the regular contract reviews with the Contractor. 14.3 The Contractor will implement a Continuous Professional Development plan to develop the quality and experience of their interpreters. 15. TRANSITIONAL ARRANGEMENTS 15.1 The Contractors will be expected to assume responsibility for Interpreting, Translation and Transcription Services commencing on 13 July 2009 for all requirements provided under this contract. 15.2 Those organisations with their own contracts will continue to use these arrangements, at least in the short term. CGCoPE and the Contractor will work together to devise a programme of visits to those organisations with the intention of switching to this contract. Contractors should be aware, however, that such a switch is entirely the choice of the organisation. 16. TRANSITION AFTER EXPIRY 16.1 The Contractor shall as part of the services, and no later than 2 months prior to the expiry of the Contract term, or upon the Authority serving notice to the Contractor, agree an exit strategy with the Strategic Contract Manager for the smooth and agreed transition of work, documents and information to the Authority, or any subsequent third party nominated by the Authority. The exit strategy shall provide details of all procedures and activities necessary for a seamless transition of responsibility from the Contract. The exit strategy shall include a full review of the status of the Contract and shall provide practical guidance and steps to be taken by both the Authority and the Contractor to ensure that costs and disruption to both the Authority and Collaborative Partners are minimised. 16.2 The Contractor shall ensure that any material provided by, or paid for by the Authority, is returned within 14 calendar days of such Contract expiry or date of termination. 16.3 The Contractor and the Authority shall act in accordance with the exit strategy in the event of expiry, or early termination, of the Contract. 17. TRAVEL AND SUBSISTENCE 17.1 The Contractor must provide an interpreter from within a 70 mile radius of the place of assignment, unless prior written approval is obtained from the Collaborative Partner. If the Collaborative Partner agrees, then additional and relevant travel and subsistence costs may be claimed in accordance with Annex 1 to Schedule C. All hourly rates quoted should therefore include all travel expenses up to the first 70 miles 17.2 The Contractor should note that prior written approval may be given in the Purchase Order Form where the assignment is in a particular rural location. 17.3 Where the Contractor has received an urgent request for services by telephone in accordance with clause 3.4.2 or 3.4.3 above, approval for any travel in excess of the 70 mile radius is automatically given if required. Schedule B-16 Annex 1 to Schedule B LANGUAGES COVERED BY YOUR OFFER (Please tick) NUMBERS OF INTERPRETERS/ TRANSLATORS/ TRANSCRIBER AVAILABLE LANGUAGE Afrikaans Akan Albanian Alcholi Amharic Arabic Armenian Azerbaijani Bahdini Balochi Bantu Basque Belarusian Bengali Bete Bosnian Bulgarian Burmese Cantonese Chinese Creole Croatian Czech Danish Dari Dinka Dutch Egyptian Estonian Farsi (Afghan) Farsi (Persian) Finnish Flemish French Schedule B, Annex 1-1 Annex 1 to Schedule B LANGUAGES COVERED BY YOUR OFFER (Please tick) NUMBERS OF INTERPRETERS/ TRANSLATORS/ TRANSCRIBERS AVAILABLE LANGUAGE Gan Ghanaian Georgian German Greek Gujarati Gurmukhi Hakka Hausa Hebrew Hindi Hungarian Icelandic Igbo Indonesian Italian Irish Gaelic Japanese Kannada Kazakh Kikongo Kikuyu Kinyarwanda Kisii Kongo Korean Krio Kurdish(Sorani) Kurdish (Kurmanji) Kyrgyz Laotian Latvian Laur Lingala Lithuanian Luganda Luo Lutora Schedule B, Annex 1-2 Annex 1 to Schedule B LANGUAGES COVERED BY YOUR OFFER (Please tick) NUMBERS OF INTERPRETERS/ TRANSLATORS/ TRANSCRIBERS AVAILABLE LANGUAGE Macedonian Malay Malayalam Maltese Mandarin Mandinka Marathi Mauritian-creole Min Mirpuri Mongolian Nepali Norwegian Papiamento Pashto Polish Portuguese Punjabi Romany Romanian Russian Scottish Gaelic Serb-Croat Seychelles-Creole Shona Sinhalese Slovak Slovenian Somali Spanish Swahili Swedish Sylheti(Bengali) Tagalog Tajik Tamil Telugu Thai Schedule B, Annex 1-3 Annex 1 to Schedule B LANGUAGES COVERED BY YOUR OFFER (Please tick) NUMBERS OF INTERPRETERS/ TRANSLATORS/ TRANSCRIBERS AVAILABLE LANGUAGE Tibetan Tigrinya Twi Turkish Turkmen Ukrainian Urdu Uzbek Vietnamese Welsh Wolof Wu Xiang Yoruba Yiddish Zulu Schedule B, Annex 1-4 Annex 2 to Schedule B Scottish Court service - Locations NO. ADDRESS NO. SHERIFF CLERK'S OFFICE 1 2 3 SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 27 5 6 SHERIFF COURT HOUSE CASTLE STREET LOCHMADDY ABERDEEN NORTH UIST AB9 1AP PA82 5AE SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 28 SHERIFF COURT HOUSE WATERGATE LEWIS STREET KIRKWALL STORNOWAY ORKNEY ISLE OF LEWIS KW15 1PD PA87 2JF SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 29 SHERIFF COURT HOUSE KING ERIK STREET FERRY ROAD LERWICK DINGWALL SHETLAND IV15 9QX SHERIFF CLERK'S OFFICE 4 ADDRESS SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 30 SHERIFF COURT HOUSE DUNNOTTAR AVENUE HIGH STRET STONEHAVEN TAIN AB3 2JH IV19 1AB SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 31 SHERIFF COURT HOUSE THE CASTLE BRIDGE STREET INVERNESS WICK IV2 3EG KW1 4AJ SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 32 SHERIFF COURT HOUSE HIGH STREET CASTLE STREET FORT WILLIAM DORNOCH PH33 6EE IV25 3FD Schedule B, Annex 2-1 Annex 2 to Schedule B SHERIFF CLERK'S OFFICE 7 SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 33 SOMERLED SQUARE HIGH STREET PORTREE ELGIN ISLE OF SKYE MORAY IV51 9EH IV30 1BU SHERIFF CLERK'S OFFICE 8 9 10 11 SHERIFF COURT HOUSE SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 34 SHERIFF COURT HOUSE LOW STREET QUEEN STREET BANFF PETERHEAD AB45 1AU AB42 6TP SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 35 SHERIFF COURT HOUSE CHAMBERS STREET COURT STREET EDINBURGH HADDINGTON EH1 1LB EH41 3HN SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 36 SHERIFF COURT HOUSE HIGH STREET HIGH STREET LINLITHGOW PEEBLES EH49 7EQ EH45 8SW SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 37 SHERIFF COURT HOUSE CASTLEGATE ALMONDVALE BOULEVARD JEDBURGH LIVINGSTON TD8 6AR SHERIFF CLERK'S OFFICE 12 SHERIFF COURT HOUSE SUPREME COURT FOR SCOTLAND 38 PARLIAMENT HOUSE ETTRCK TERRACE HIGH STREET SELKIRK EDINBURGH TD7 4LE EH1 1RQ Schedule B, Annex 2-2 Annex 2 to Schedule B SHERIFF CLERK'S OFFICE 13 14 15 SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 39 SHERIFF COURT HOUSE 6 WEST BELL STREET ST CATHERINE'S STREET DUNDEE CUPAR DD1 9AD KY15 4LX SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 40 SHERIFF COURT HOUSE TAY STREET 1/6 CARNEGIE DRIVE PERTH DUNFERMLINE PH2 8NL KY12 7HJ SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 41 SHERIFF COURT HOUSE TOWN HOUSE WHYTECAUSEWAY 88 HIGH STREET KIRKCALDY ARBROATH KY1 1XQ D11 1HL SHERIFF CLERK'S OFFICE 16 17 SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 42 SHERIFF COURT HOUSE MARKET STREET VIEWFIELD PLACE FORFAR STIRLING DD8 3LA FK8 1NH SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 43 SHERIFF COURT HOUSE MAIN STREET MAR STREET CAMELON ALLOA FALKIRK FK10 1HR FK1 4AR SHERIFF CLERK'S OFFICE 18 SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 44 SHERIFF COURT HOUSE 1 NELSON STREET GEORGE STREET GREENOCK DUNOON PA15 1TR PA23 8BQ Schedule B, Annex 2-3 Annex 2 to Schedule B SHERIFF CLERK'S OFFICE 19 20 21 22 23 24 SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 45 SHERIFF COURT HOUSE ST JAMES STREET CASTLE STREET PAISLEY ROTHESAY PA3 2HW PA20 9HA SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 46 SHERIFF COURT HOUSE CHURCH STREET CASTLE HILL DUMBARTON CAMPBELTOWN G82 1QR PA28 6AN SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 47 SHERIFF COURT HOUSE ST MARNOCK STREET ALBANY STREET KILMARNOCK OBAN KA1 1ED PA34 4AL SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 48 SHERIFF COURT HOUSE 4 BECKFORD STREET GRAHAM STREET HAMILTON AIRDRIE ML3 6AA ML6 6EE SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 49 SHERIFF COURT HOUSE 24 HOPE STREET HIGH STREET LANARK KIRKCUDBRIGHT ML11 7NE DG6 4JW SHERIFF CLERK'S OFFICE SHERIFF CLERK'S OFFICE SHERIFF COURT HOUSE 50 SHERIFF COURT HOUSE WELLINGTON SQUARE LEWIS STREET AYR STRANRAER KA7 1DR DG9 7AA Schedule B, Annex 2-4 Annex 2 to Schedule B SHERIFF CLERK'S OFFICE 25 SHERIFF COURT HOUSE SHERIFF CLERK'S OFFICE 51 SHERIFF COURT OF GLASGOW AND BUCCLEUCH STREET STRATHKELVIN DUMFRIES PO BOX 23 DG1 2AN 1 CARLTON PLACE GLASGOW G5 9DA 26 HIGH COURT OF JUSTICIARY 52 HIGH COURT GLASGOW OF LAWNMARKET JUSTICIARY BUILDINGS EDINBURGH SALTMARKET EH1 1RQ GLASGOW JUSTICIARY G1 5JU CROWN OFFICE AND PROCURATOR FISCAL SERVICE - LOCATION Office Address Atholl House, 84-88 Guild Street, AB11 6QA Aberdeen DX No. AB67 Airdrie Sheriff Court, 87A Graham Street, ML6 6EE DX No. 570417 Alloa Sheriff Court FK10 1HR DX No. 560437 Arbroath Aitken House, 15 Hill Street DD1 1BR DX No. 530443 Ayr 29 Miller Road KA7 2AX DX No. AY21 Banff Sheriff Court AB45 1AU DX No. 521326 Schedule B, Annex 2-5 – Annex 2 to Schedule B Office Address Campbeltown Sheriff Court PA28 6AN Cupar Sheriff Court KY15 4LS DX No. 560553 Dingwall Sheriff Court, Ferry Road IV15 9QX DX No. 520587 Dumbarton St Mary's Way G82 1NL DX No. 500598 Dumfries 44 Buccleuch Street DG1 2AP DX No. 580628 Dundee Caledonian House, Greenmarket DD1 1QX DX No. DD35 Dunfermline Sheriff Court, Carnegie Drive KY12 7HW DX No. DF19 Dunoon Sheriff Court PA23 8BQ DX No. 591657 Duns Sheriff Court TD11 3DU DX No. 581205 Edinburgh 29 Chambers Street EH1 1LD DX No. 550315 Edinburgh 37 Elgin Sheriff Court IV30 1BU DX No. 520661 Falkirk Mansionhouse Road, Camelon FK14LW DX No. FA11 Forfar Sheriff Court DD8 3LA DX No. 530681 Schedule B, Annex 2-6 Annex 2 to Schedule B Office Fort William Address Sheriff Court PH33 6BR DX No. 531404 Glasgow 10 Ballater Street, G5 9PS DX No. 501557 Greenock/ Sheriff Court, Nelson Street PA15 1TR Rothesay DX No. GR20 Haddington 15 Lodge Street EH41 3DX DX No. 540735 Hamilton Cameronian House, 3/5 Almada Street ML3 0HG DX No.HA7 Inverness 2 Baron Taylor's Street IV11QL DX No. IN26 Jedburgh Sheriff Court TD8 6AR DX No. 581221 Kilmarnock St Marnock Street KA1 1DZ DX No. KK17 Kirkcaldy Wing D, Carlyle House, Carlyle Road, Kirkcaldy, KY1 1DB DX No. KY18 Kirkcudbright 2. TEMPORARILY CLOSED - REDIRECT TO DUMFRIES OFFICE Sheriff Court DG6 4JW DX No. 580814 Schedule B, Annex 2-7 Annex 2 to Schedule B Office Address Kirkwall Sheriff Court KW15 1PD Lanark Sheriff Court House, 24 Hope Street, ML11 7NE DX No. 570835 Lerwick Sheriff Court ZE1 0HD Linlithgow Stuart House, 181/201 High Street EH49 7EN DX No. 570884 Lochmaddy Sheriff Court HS6 5AE Oban Third Floor, Boswell House, Argyll Square PA34 4BD DX No. OB9 Paisley 1 Love Street PA3 2DA DX No. PA50 Perth 82 Tay Street PH2 8NN DX No. PE31 Peterhead 70 St Peter Street AB4 6QD DX No. 521375 Portree Sheriff Court IV51 9EH Selkirk/ Sheriff Court TD7 4LE Peebles DX No. 581013 Stirling Carseview House, Castle Business Park FK9 4SW DX No. ST16 Stonehaven Sheriff Court AB39 2JD DX No. 521026 Schedule B, Annex 2-8 Annex 2 to Schedule B Office Address Stornoway Sheriff Court Buildings, Lewis Street HS1 2JF Stranraer Sheriff Court DG9 7AA DX No. 581259 Tain 11 Stafford Street IV19 1BP Wick Sheriff Court KW1 4AJ 25 Chambers Street, Edinburgh, EH1 1LA Crown Office Inspectorate of Prosecutions for Scotland Victim Information and Advice – National Office DX No. 540310 Edinburgh37 5th Floor, Corunna House, 29 Cadogan Street, Glasgow, DX No. 512302 Caledonian House, Greenmarket, Dundee DD1 1QX Schedule B, Annex 2-9 G17 1LP Annex 3 to Schedule B Collaborative Partner Office Locations Organisation Address Accountant in Bankruptcy 1 Pennyburn Road, Kilwinning, Ayrshire, KA13 6SA Accounts Commission for Audit Scotland, 110 George Street, Edinburgh, EH2 4LH Scotland Advisory Committee on Sites of Secretariat, c/o Scott Wilson, Resource Consultants, 232 Chester Special Scientific Interest Street, Edinburgh, EH3 7ET Architecture & Design Scotland Bakehouse Close, 146 Canongate, Edinburgh, EH8 8DD Bord Na Gaidhlig (Gaelic Darach House, Stoneyfield Business Park, Inverness, IV2 7PA Language Promotion) Building Standards Advisory Scottish Building Standards Agency, Denholm House, Almond Committee Business Park, Livingston, EH54 6GA Cairngorms National Park 14 The Square, Grantown-on-Spey, Morayshire, PH26 3HG Authority Caledonian MacBrayne Ltd The Ferry Terminal, Gourock, PA19 1QP Ardrossan Armadale Brodick Ballycastle Castlebay Colintraive Coll Colonsay Craignure Dunoon Fionnphort Inverness Kennacraig Largs Lochboisdale Schedule B, Annex 3-1 Annex 3 to Schedule B Lochmaddy Mallaig Oban Port Ellen Rothesay Stornoway Tarbert (Harris) Tiree Tobermory Uig Ullapool Wemyss Bay Communities Scotland Highlander House, 58 Waterloo Street, Glasgow, G2 7DA Thistle House, 91 Haymarket Terrace, Edinburgh, EH12 5HE St James House, 25 St James Street, Paisley, PA3 2HQ Endeavour House, 2nd Floor, Greenmarket, Dundee, DD1 4QB Rex House, Bothwell Road, Hamilton, ML3 0DW Urquhart House, Beechwood Park, Inverness, IV2 3BW Johnstone House, 2nd Floor, 50-54 Rose Street, Aberdeen, AB10 1UD 52/66 Newmarket Street, Ayr, KA7 1LR Festival Business Centre, 150 Brand Street, Glasgow, G51 1DG Crofters Commission Castle Wynd, Inverness, IV2 3EQ Schedule B, Annex 3-2 Annex 3 to Schedule B Crown Office & Procurator 1 Love Street, Paisley, PA3 2DA Fiscal Service Sheriff Court, Campbeltown, PA28 6AN St Mary’s Way, Dumbarton, G82 1NL Sheriff Court, Dunoon, PA23 8BQ Sheriff Court, Nelson Street, Greenock, PA15 1TR Boswell House, Argyle Square, Oban, PA34 4BD St Marnock Street, Kilmarnock, KA1 1DZ 37 Carrick Steet, Ayr, KA7 1NS Carseview House, Castle Business Park, Stirling FK9 4SW Sheriff Court, Alloa, FK10 1HR Mansionhouse Road, Camelon, Falkirk, FK1 4LW 44 Buccleuch Street, Dumfries, DG1 2AP Sheriff Court, Stranraer, DG9 7AA Carlyle House, Carlyle Road, Kirkcaldy, KY1 1DV Sheriff Court, Cupar, KY15 4LS Carnegie Drive, Dunfermline, KY12 7HW 93 West Nile Street, Glasgow, G1 2SH Atholl House, 84-88 Guild Street, Aberdeen, AB11 6QA Sheriff Court, Banff, AB45 1AU Sheriff Court, Elgin, IV30 1BU 70 St Peter Street, Peterhead, AB42 1QB Inverness, IV1 1QL Sheriff Court, Ferry Road, Dingwall, IV15 9QX High Street, Fort William, PH33 6EE Sheriff Court, Kirkwall, KW15 1PD Sheriff Court, Lerwick, ZE1 0HD Sheriff Court, Lochmaddy, PA82 5AE Sheriff Court, Portree, IV51 9EH Schedule B, Annex 3-3 Annex 3 to Schedule B Sheriff Court, Lewis Street, Stornoway, HS1 2JF 11 Stafford Street, Tain, IV19 1BP Sheriff Court, Wick, KW1 4AJ Cameronian House, 3/5 Almada Street, Hamilton, ML3 0HG 87A Graham Street, Airdrie, ML6 6DE Sheriff Court, Lanark, ML11 7NE 29 Chambers Street, Edinburgh, EH1 1LB Sheriff Court, Duns, TD11 3DU 10-12 Court Street, Haddington, EH41 3JA Sheriff Court, Jedburgh, TD8 6AR Stuart House, 181/201 High Street, Linlithgow, EH49 7EN Sheriff Court, Selkirk, TD7 4LE PO Box 39, Caledonian House, Greenmarket, Dundee, DD1 4QA Aitken House, 15 Hill Street, Arbroath, DD11 1AQ Sheriff Court, Forfar, DD8 3LA 82 Tay Street, Perth, PH2 8NN Fisheries (Electricity) Room 408A, Pentland House, Robbs Loan, Edinburgh, EH14 1TY Committee Marine Scotland Marine Laboratory, PO Box 101, Victoria Road, Aberdeen, AB11 9DB FRS Freshwater Laboratory, Faskally, Pitlochry, Perthshire, PH16 5LB FRS FL Montrose Field Station, Inchbraoch House, South Quay, Ferryden, Montrose, DD10 9SL FRS ML Cultivation Unit, Marine Research Unit, Old Naval Base, Mellon Charles, Aultbea, IV22 2JL FRS FL Rearing Unit, Cromwell Park, Almondbank, Perth, PH1 3LW FRS FL Shieldaig Field Station, Sheildaig, Strathcarron, IV54 8XJ Food Standards Agency St Magnus House, 25 Guild House, Aberdeen, AB11 6NJ Forestry Commission Scotland Silvan House, 231 Corstorphine Road, Edinburgh, EH12 7AT Highland Conservancy, Woodlands’, Fodderty Way, Dingwall, Ross- Schedule B, Annex 3-4 Annex 3 to Schedule B shire, IV15 9XB Grampian Conservancy, Ordiquhill, Portsoy Road, Huntly, AB54 4SJ Central Scotland Conservancy, Bothwell House, Hamilton Business Park, Caird Park, Hamilton, ML3 0QA Perth & Argyll Conservancy, Algo Business Centre, Glenearn Road, Perth, PH2 0NJ South Scotland Conservancy Area Office, North Wheatlands Mill, Wheatlands Road, Galashiels, TD1 2HQ General Register Office for Room 3/1/4, Ladywell House, Ladywell Road, Edinburgh, EH12 7TF Scotland New Register House, 3 West Register Street, Edinburgh, EH1 3YT Monreith House, The Crichton, Bankend Road, Dumfries, DG1 4ZE General Teaching Council for Clerwood House, 96 Clermiston Road, Edinburgh, EH12 6UT Scotland Highlands & Islands Airports Ltd Head Office, Inverness Airport, IV2 7JB Highlands & Islands Enterprise Cowan House, Inverness Retail & Business Park, Inverness, IV2 7GF Earl Thorfinn House, 6 Druimchat View, Dingwall Business Park, Dingwall, Ross-shire, IV15 9XL Taigh Fearna, Lochalsh Business Park, Auchertyre, Kyle, IV40 8EG Network Data Centre, Taigh Cheann a’Locha, Lionacleit, Isle of Benbecula, HS7 5PJ HIE Argyll and the Islands, The Enterprise Centre, Kilmory Industrial Estate, Lochgilphead, PA31 8SH HIE Argyll and the Islands, 24 Argyll Street, Dunoon, PA23 7HJ HIE Argyll and the Islands, 9 Vicotria Street, Rothesay, Isle of Bute, PA20 0AJ HIE Argyll and the Islands, 4 Castlehill, Campbeltown, PA28 6AN HIE Argyll and the Islands, Albany Street, Oban, PA34 4AG HIE Argyll and the Islands, Flora Street, Bowmore, Isle of Islay, PA43 7JY HIE Caithness and Sutherland, Tollemache House, High Street, Thurso, KW14 8AZ Schedule B, Annex 3-5 Annex 3 to Schedule B HIE Caithness and Sutherland, Station Road, Golspie, Sutherland, KW10 6SN HIE Inverness and East Highland, The Green House, Beechwood Business Park North, Inverness, IV2 3BL HIE Inverness and East Highland, Units 1/ 2, Aviemore Business Centre, Grampian Road, Aviemore, PH22 1RH HIE Inverness and East Highland, 69-71 High Street, Invergordon, Ross-shire, IV18 0AA HIE Inverness and East Highland, 4th Floor, River House, Young Street, Inverness, IV3 5BQ HIE Inverness and East Highland, Cowan House, Inverness Retail and Business Park, Inverness IV2 7GF HIE Inverness and East Highland, Fodderty Way, Dingwall Business Park, Dingwall, IV15 9XB HIE Inverness and East Highland, Upper Mall, Aviemore Business Centre, Aviemore, PH22 1RH HIE Lochaber, St Mary’s College, An Aird, Fort William, PH33 6AN HIE Lochaber, Lochaber College, An Aird, Fort William, PH33 6AN HIE Moray, Horizon Scotland, The Enterprise Park, Forres, Moray, IV36 2AB HIE Moray, 25 West Church Street, Buckie, AB26 1BN HIE Moray, 7 Commerce Street, Elgin, IV30 1BS HIE Orkney, 14 Queen Street, Kirkwall, Orkney, KW15 1JE HIE Orkney, 2 Albert Street, Kirkwall, Orkney, KW15 1HP HIE Shetland, Toll Clock Shopping Centre, 26 North Road, Lerwick, Shetland, ZE1 0DE HIE Skye and Wester Ross, Kings’ House, The Green, Portree, Isle of Skye, IV51 9BS HIE Innes Gall, James Square, 9 James Street, Stornoway, Isle of Lewis, HS1 2QN HIE Innes Gall, Taigh Cheann a’Locha Lioncleit, Isle of Benbecula, HS7 5PJ Schedule B, Annex 3-6 Annex 3 to Schedule B HIE Innes Gall, 30 Francis Street, Stornoway, Isle of Lewis, HS1 2 ND Historic Environmental Advisory Longmore House, Salisbury Place, Edinburgh, EH9 1SH Council for Scotland Historic Scotland Longmore House, Salisbury Place, Edinburgh, EH9 1SH Edinburgh Castle, Edinburgh, EH1 2NG Direlton Castle, North Berwick, East Lothian, EH39 5ER Holyrood Park, 1 Queens Drive, Edinburgh, EH8 8HG Tantallon Castle, North Berwick, East Lothian, EH39 5PN Craigmillar Castle, Craigmillar Castle Road, Edinburgh, EH16 4SY Crossraguel Abbey, Maybole, Ayrshire, KA19 5HQ Dundrennan Abbey, Dundrennan, Kirkcudbright, Dumfries & Galloway, DG6 4QH Glenluce Abbey, Newton Stewart, Dumfries & Galloway, DG8 0AF McLellan’s Castle, Kirkcudbright Threave Castle, Castle Douglas, Dumfries & Galloway, DG7 1RX Melrose Depot Hermitage Castle, Hawick, Roxburghshire, TD9 0LU Melrose Abbey, Abbey Street, Melrose, TD6 9LG Smailholm Tower, Smailholm, Kelso, Roxburghshire, TD5 7PH Blackness Castle, Blackness, by Linlithgow, West Lothian, EH49 7NH Linlithgow Palace, Kirkgate, Linlithgow, West Lothian, EH49 7AL Argyll’s Lodging, Castle Wynd, Old Town, Stirling Stirling Castle, Castle Wynd, Stirling, FK8 1EJ Bonawe Iron Furnace, Bonawe, Tayuilt, Argyll, PA35 1JQ Dunstaffnage Castle, Dunbeg, by Oban, Arygll, PA37 1PZ Doune Castle, Castle Road, Doune, FK14 6EA Schedule B, Annex 3-7 Annex 3 to Schedule B Inchmahome Priory, Port of Menteith, by Kippen, Stirlingshire, FK8 3RA Aberdour Castle, Aberdour, Fife, KY3 0SL Dunfermline Abbey, St Margaret Street, Dunfermline, Fife, KY12 7PE Inchmahome Abbey Iona Abbey, Isle of Iona, Argyll, PA76 6SQ St Andrews Castle, The Scores, St Andrews, KY16 9AR Huntly Castle, Huntly, AB54 4SH Dallas Dhu, Mannchie Road, Forres, Morayshire, IV36 2RR Elgin Cathedral, Elgin, Moray, IV30 1HU Spynie Palace, Elgin, Moray, IV30 5QG Black House, 42 Arnol, Isle of Lewis, HS2 9DB Fort George, Ardersier, Inverness, Inverness-shire, IV1 2TD Castlebay, Isle of Barra Brough of Birsay, Orkney Earl’s Palace, Kirkwall, Orkney Maes Howe, Stennes, Orkney, KW16 3HA Skara Brae, Sanwick, Orkney, KW16 3LR Conservation Centre, 3 Stenhouse Mill Lane, Edinburgh, EH11 3LR HM Inspectorate of Education Denholm House, Almondvale Business Park, Almondvale Way, Livingston, EH54 6GA Justices of the Peace Advisory Committee Criminal Procedure Division, St Andrews House, Edinburgh, EH1 3DJ Law Society of Scotland 26 Drumsheugh Gardens, Edinburgh EH3 7YR Learning & Teaching Scotland The Optima Building, 58 Robertson Street, Glasgow, G2 8DU Gardyne Road, Dundee, DD5 1NY Local Government Boundary 3 Drumsheugh Gardens, Edinburgh EH3 7QJ Commission for Scotland Mental Welfare Commission for Floor K, Argyle House, 3 Lady Lawson Street, Edinburgh, EH3 9SH Scotland Schedule B, Annex 3-8 Annex 3 to Schedule B Mobility and Access Committee MACS Secretariat, Unit 5 Dunfermline Business Centre, Izatt for Scotland Avenue, Dunfermline, KY11 3BZ National Archives of Scotland HM General Register House, 2 Princes Street, Edinburgh, EH1 3YY National Galleries of Scotland The Dean Gallery, 75 Bedford Road, Edinburgh, EH4 3DS Gallery of Scotland, The Mound, Edinburgh, EH2 2EL National Portrait Gallery, 1 Queen Street, Edinburgh, EH2 1JD National Library of Scotland George IV Bridge, Edinburgh EH1 1EW Causewayside Building, 33 Salisbury Place, Edinburgh, EH9 1SL National Museums Scotland Chambers Street, Edinburgh, EH1 1JF Shambellie House, New Abbey, Dumfriesshire, DG2 8QH East Fortune Airfield, East Lothian, EH39 5LF Wester Kittochside, Philipshill Road, East Kilbride, G76 9HR Edinburgh Castle, Edinburgh, EH1 2NG Office of the Scottish Charity Quadrant House, 9 Riverside Drive, Dundee, DD1 4NY Regulator Police Complaints n/a Commissioner for Scotland Public Transport Users’ Unit 5, Dunfermline Business Centre, Izzat Avenue, Dunfermline, Committee for Scotland KY11 3BZ Registers of Scotland Meadowbank House, 153 London Road, Edinburgh, EH8 7AU Hanover House, 24 Douglas Steet, Glasgow, G2 7NG Erskine House, 68 Queen Street, Edinburgh, EH2 4NF 9 George Square, Glasgow, G2 1DY Risk Management Authority St James House, 25 St James Street, Paisley, PA3 2HQ Royal Botanic Garden 20a Inverleith Row, Edinburgh, EH3 5LR (Edinburgh) Royal Commission on the John Sinclair House, 16 Bernard Terrace, Edinburgh, EH8 9NX Ancient and Historic Monuments of Scotland Scotland Office 1 Melville Crescent, Edinburgh, EH3 7HW Dover House, Whitehall, London, SW1A 2AU Schedule B, Annex 3-9 Annex 3 to Schedule B Scottish Advisory Committee on National Committee Services, Scottish Health Service Centre, Crewe Distinction Awards Road South, Edinburgh, EH4 2LF Scottish Argicultural Science 1 Roddinglaw Road, Edinburgh, EH12 8NJ Agency Scottish Argicultural Wages Pentland House, Robbs Loan, Edinburgh, EH14 1TY Board Scottish Arts Council 12 Manor Place, Edinburgh, EH3 7DD Scottish Building Standards Denholm House, Almondvale Business Park, Livingston, EH54 6GA Agency Scottish Children’s Reporter Merchant Exchange, 10/20 Bell Street, Glasgow, G1 1LG Administration Ochil House, Springkerse Business Park, Stirling, FK7 7XE Hamilton House, Hamilton Business Park, Caird Park, Hamilton, ML3 0QA 1 Fountainhall Road, Edinburgh, EH9 2NL The Exchange No 2, 62-104 Market Street, Aberdeen, AB11 5PJ Albany House, 3 North Street, Glenrothes, KY7 5NA Floor 1, Riverside House, Rivergate, Irvine, KA12 8EH 10 Glen Lane, Paisley, PA3 2HU 17 Gladstone Place, Stirling, FK8 2NG 4 Commercial Street, Dundee, DD1 3EH 47/49 Academy Street, Inverness, IV1 1LP 55 Church Court, Dumbarton, G82 1SU Suite 9 Block C, 11-16 Kittleyards, Causewayside, Edinburgh EH9 1PJ Campfield House, Wellside Place, Falkirk, FK1 5RL 35 Carrick Street, Ayr, KA7 1NS 1/ 3 Brisbane Street, Greenock, PA16 8LH 5 Edinburgh Road, Bathgate, EH48 1BA 11 Alloway Place, Ayr, KA7 2AA Willow House, Stoneyfield Business Park, Inverness, IV2 7PA Schedule B, Annex 3-10 Annex 3 to Schedule B 3 Newall Terrace, Dumfries, DG1 1LN Manse Brae, Lochgilphead, PA31 8QX Kinnoull Street, Perth, PH1 5EZ Merrin House, 50 East Abbey Street, Arbroath, Angus, DD11 1EN 1 Loch Road, Tranent, East Lothian, EH33 2JX 12 Ettrick Terrace, Selkirk, TD7 4LE Dava House, 43 Brouster Hill, East Kilbride, G74 1AG Phoenix House, 1 Wards Road, Elgin, Moray, IV30 1QL 13 Hill Lane, Lerwick, Shetland, ZE1 0HA East Bank Hospital, East Road, Kirkwall, Orkney, KW15 1LX 23 Swanson Street, Thurso, Caithness, KW1 8AP 10 Harbour View, Cromwell Quay, Stornoway, HS1 2DF 10 Market Street, Stranraer, DG9 7RF Scottish Commission for the 4th Floor, No. 1 Smithhills Street, Paisley, PA1 1EB Regulation of Care (Care Commission) Compass House, 11 Riverside Drive, Dundee, DD1 4NY Stuart House, Eskmill, Musselburgh, EH21 7PB Princes Gate, Castle Street, Hamilton, ML3 6BU Johnstone House, Rose Street, Aberdeen, AB10 1UD Quadrant House, 9 Riverside Drive, Dundee, DD1 4NY Sovereign House, Academy House, Irvine, KA12 8RL Largo House, Carnegie Campus, Carnegie Avenue, Dunfermline, KY11 8PE Springfield House, Laurel Hill Business Park, Laurel Hill Road, Stirling, FK7 9JQ First Floor, Castle House, Fairways Business Park, Inverness, IV2 6AA Schedule B, Annex 3-11 Annex 3 to Schedule B Unit 10a, Ground Floor, Galabank Business Park, Wilderhaugh, Galashiels,TD1 1PR Boswell House, Argyll Square, Oban, Argyll, PA34 4BD Galloway House, Galloway Business Centre, The Crichton, Bankend Road, Dumfries, DG1 4ZZ Phoenix House, 1 Wards Road, Elgin, IV30 1QL Custom House, Quay Street, Stornoway, Isle of Lewis, HS1 2XX East Bank, East Road, Kirkwall, KW15 1LX 2nd Floor, Charlotte House, Commercial Road, Lerwick, ZE1 0HF Scottish Courts Service * Hayweight House, 23 Lauriston Place, Edinburgh, EH3 9DQ *A full list of all Scottish Courts Service locations is detailed at Annex 2 to Schedule B. Scottish Crime and Drug Oprey Enforcement Agency Scottish Criminal Cases Review Pentland House, 17 Renfield Street, Glasgow, G2 5AH Commission Scottish Enterprise 5 Atlantic Quay, 150 Broomielaw, Glasgow, G2 8LU Apex House, 99 Haymarket Terrace, Edinburgh, EH12 5HD Atrium Court, 50 Waterloo Street, Glasgow, G2 6HQ New Lanarkshire House, Dove Wynd, Strathclyde Business Park, Bellshill, ML4 3AD 27 Causeyside Street, Paisley, PA1 1UL Kingdom House, Saltire Centre, Glenrothes, Fife, KY6 2AQ Laurel House, Laurel Hill Business Park, Stirling, FK7 9JQ Enterprise House, 3 Greenmarket, Dundee, DD1 4QB 2nd Floor, Spectrum House, Clydebank Business Park, Clydebank, Glasgow, G81 2DR 27 Albyn Place, Aberdeen, AB10 1DB 17/19 Hill Street, Kilmarnock, Ayrshire, KA3 1HA Bridge Street, Galashiels, TD1 1SW Solway House, Dumfries Enterprise Park, Tinwald Downs Road, Schedule B, Annex 3-12 Annex 3 to Schedule B Dumfries, DG1 3SJ Scottish Enterprise (Careers Unit 22, Leven Valley Enterprise Centre, Dumbarton, G82 5BN Scotland) Dumbarton Outreach, Helensburgh Library, West King Street, Helensburgh Dumbarton Outreach, Alexandria Onto Work, 45 Bank Street, Alexandria Parkhead Careers Centre, 121 Salamanca Street, Glasgow, G31 5ES Parkhead Outreach Easterhouse, 1200 Westerhouse Road, Glasgow, G34 9JW Floorsburn House, Floors Street, Johnstone, PA5 8TW East Dunbartonshire Campus of FHE, 50 Southbank Road, Kirkintilloch, G66 1NH Kirkintilloch Outreach, Bishopbriggs Library, 170 Kirkintilloch Road, G64 2LX Kirkintilloch Outreach EDAMH, Kilsyth Road, Kirkintilloch, G66 Kirkintilloch Outreach Job Centre, Jobcentre Plus, Queen Street, Kirkintilloch, G66 1JN Kirkintilloch Outreach Lennoxtown, Lennoxtown Health Centre, Main Street, Lennoxtown Upper Level, Clydebank Shopping Centre, 5 Corinthia Way, Kilbowie Road, G81 2UA Clydebank Outreach Milngavie, Community Education Centre Queenspark Centre, 1018/1020 Cathcart Road, Mount Florida, Glasgow, G42 9XL Queenspark Outreach, CEDA Castlemilk Queenspark Outreach, Newlands Job Centre Queenspark Outreach, WEDGE Pollock Queenspark Outreach, Govan Jobcentre Units 1 & 1A, The Adelphi, 12 Commercial Road, Glasgow G5 0PQ Schedule B, Annex 3-13 Annex 3 to Schedule B 3 Byers Road, Glasgow, G11 5RD Byers Road Outreach, Drumchapel Opportunities, Drumchapel, Glasgow 9-11 Renfield Street, Glasgow, G2 5EF 160 Main Street, Barrhead, Glasgow, G78 1SL Laird House, 20 Laird Street, Greenock, PA15 1LB Greenock Outreach, St Stephens Enterprise Centre, Southfield Avenue, Port Glasgow, PA1 6PR Greenock Outreach Community Renewal, Greenock Unit 2, 24/27 Causeyside Street, Paisley, PA1 1HL Units 1,2,3 and 4, Princes Gate, Castle Street, Hamilton, ML3 6BU CTEC, 1-15 Main Street, Cambuslang Ground Floor & First Floor, Waukrigg Mill, Duke Street, Galashiels, TD1 1QD 29 Eskbank Road, Dalkeith, EH22 3BE Adam Ferguson House, Station Road, Musselburgh, EH21 7PQ 39-43 Bank Street, Alloa, FK10 1HP Community Education Base, 139 North Street, Bo’ness 66/68 Upper Craigs, Stirling, FK8 2DS 79 Shandwick Place, Edinburgh, EH2 4SD 100 Manor Street, Falkirk, FK1 1NU 10 Queens Road, Aberdeen 377 Union Street, Aberdeen, AB11 6BX 381 Union Street, Aberdeen, AB11 6BX Unit 6, Garioch Centre, Constitution Street, Inverurie, AB51 4UY 7a & 9 Marischal Street, Peterhead, AB42 1BS 61 Marketgate, Arbroath, DD11 1AT Floor 1, 31 Albert Square, Dundee, DD1 1DJ Royal Exchange Building, Panmure Street, Dundee, DD1 1DU Schedule B, Annex 3-14 Annex 3 to Schedule B A4 Ground Floor & B3/B4 1st Floor, Highland House, St Catherine’s Road, Perth, PH1 5RY 6 Righead Gate, Town Centre, East Kilbride, G74 1LS 61 Stirling Street, Airdrie, Ml6 0AS 10-12 Union Road, Grangemouth, FK3 8AB Routes to Work South, 22 Bannatyne Street, Lanark, ML11 7JR New Lanarkshire House, Strathclyde Business Park, Bellshill, ML4 3AD Dunfermline Opportunity Centre, 15 East Port, Dunfermline, KY12 7JG Cowdenbeath Opportunity Centre, 320 High Street, Cowdenbeath, KY4 9NT Kirkcaldy Opportunity Centre, 12 Whytescausway, Kirkcaldy, KY1 1XF Leven Opportunity Centre, Greig Institute, Forth Street, Leven, KY8 4PF Cupar Opportunity Centre, 54 Crossgate, Cupar, KY15 5HS Glenrothes Opportunity Centre, Fife House (West Building), North Street, Glenrothes, KY7 5LT 22 Hailesland Place, Edinburgh, EH14 2SL 12 Howegate, Hawick, TD9 0AB Cairngorm House, Almondvale Boulevard, Livingston, EH54 6QN 14a John Street, Penicuik, EH26 8AB c/o Mosshill Credit Union, 12 Pollock Street, Mossend, Bellshill, ML4 1QD Cumbernauld College, North Carbrain Road, Cumbernauld, G67 1HU Loreburn Centre, High Street, Dumfries, DG1 2BD 36-38 Bank Street, Irvine, KA12 0LP Dalziel Workspace, Mason Street, Motherwell, ML1 1YE c/o North Lanarkshire Volunteer Centre, 84 Main Street, Wishaw, ML2 7AB Schedule B, Annex 3-15 Annex 3 to Schedule B Ground Floor, 37 Carrick Street, Ayr, KA7 1NS 55/57 John Finnie Street, Kilmarnock, KA1 1BH 33 Main Street, Dalmellington 7 South Strand Street, Stranraer, DG9 7JE Glaisnock Business Centre, 38a Townhead Street, Cumnock, KA18 1LE Scottish Environmental Erskine Court, Castle Douglas Park, Stirling, FK9 4TR Protection Agency Greyhope House, Greyhope Road, Torry, Aberdeen, AB11 9RD Leading Light Building, 142 Sinclair Road, Torry, Aberdeen, AB11 9PR 62 High Street, Arbroath, DD11 1AW 31 Miller Road, Ayrshire, KA7 2AX Graesser House, Fodderty Way, Dingwall Business Park, Dingwall, IV15 9XB Technical Office, Strathpeffer Road, Dingwall, IV15 9QF Rivers House, Irongray Road, Dumfries, DG2 0JE 5 Redwood Crescent, Peel Park, East Kilbride, G74 5PP Orbital House, 3 Redwood Crescent, Peel Park, East Kilbride, G74 5PR Clearwater House, Heriot Watt Research Park, Avenue North, Riccarton, Edinburgh EH14 4AP 28 Perimeter Road, Pinefield, Elgin, IV30 6AF Carr’s Corner Industrial Estate, Lochybridge, Fort William, PH33 6TL Shaw House, Mid Street, Fraserburgh, AB43 9JN Burnbrae, Mossilee Road, Galashiels, TD1 1NF Law House, Todd Campus, West of Scotland Science Park, Maryhill Road, Glasgow, G20 0XA Pentland Court, The Saltire Centre, Glenrothes, KT6 2DA 2 Smithy Lane, Lochgilphead, PA31 8TA Penkiln Bridge Court, Minnigaff, Newton Stewart, DG8 6AA Schedule B, Annex 3-16 Annex 3 to Schedule B Norlantic House, Scotts Road, Hatston, Kirkwall, Orkney, KW15 1RE 7 Whitefriars Crescent, Perth, PH2 0PA The Esplanade, Lerwick, Shetland, ZE1 0LL Bremner House, The Castle Business Park, Stirling, FK9 4TF Thurso Business Park, Thurso, Caithness, KW14 7XW 2 James Square, James Street, Stornoway, Isle of Lewis, HS1 2QN Scottish Fisheries Protection Operations Room, Pentland House, 47 Robb’s Loan, Edinburgh, Agency EH14 1TY Suite 4, 9th Floor, Salvesen Tower, Blaikie’s Quay, Aberdeen, AB11 5PW Suites 3-5, Douglas Centre, March Road, Buckie, AB56 4BT Gunsgreen, Fish Market Buildings, Eyemouth, TD14 5SJ 121 Shore Street, Fraserburgh, AB43 9BR Keith House, Seagate, Peterhead, AB42 1JP 22 East Shore, Pittenweem, KY10 2NH Room 40, Longman House, 28 Longman Road, Longman East, Inverness, IV1 1SF Bervie Pier, Kinlochbervie, by Lairg, Sutherland, IV27 4RR Terminal Buildings, Kirkwall Passenger Terminal, East Pier, Kirkwall, KW15 1HU Alexandra Buildings, Lerwick, Shetland, ZE1 0LL Culag Pier, Lochinver, Sutherland, IV27 4LE Harbour Buildings, Scrabster, KW14 7UJ West Shore Street, Ullapool, IV26 2WR Russell House, King Street, Ayr, KA8 0BE 40 Hall Street, Campbeltown, PA28 6BU Harbour Offices, Mallaig, PH41 4QE Cameron House, Albany Street, Oban, PA34 4AE Estates Office, Scorrybreac, Portree, Isle of Skye, IV51 9DH Quay Street, Stornoway, Isle of Lewis, HS1 2XX Schedule B, Annex 3-17 Annex 3 to Schedule B Scottish Further Education Donaldson House, 97 Haymarket Terrace, Edinburgh, EH12 5HD Funding Council Scottish Government Victoria Quay, Leith, Edinburgh, EH6 6QQ St Andrews House, Regent Road, Edinburgh, EH1 3DG Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD Pentland House, 47 Robbs Loan, Edinburgh, EH14 1SQ Meridian Court, 5 Cadogan Street, Glasgow, G2 6AT Europa Building, 450 Argyle Street, Glasgow, G2 8LG Strathearn House, Broxden Business Park, Lamberkine Drive, Perth, PH1 1RX Thainstone Court, Inverurie, AB51 5YA Tweedbank, Cotgreen Road, Galashiels, TD1 3SG Longman House, 28 Longman Road, Inverness, IV1 1SF Russell House, King Street, Ayr, KA8 0BE 161 Brooms Road, Dumfries, DG1 3ES 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR Cadzow Court, 3 Wellhall Road, Hamilton, ML3 9BG Cameron House, Albany Street, Oban, PA34 4AE Tankerness, Kirkwall, Orkney, KW15 1AQ Charlotte House, Commercial Road, Lerwick, ZE1 0HZ Strathbeg House, 3A Clarence Street, Thurso, KW14 7JS Governors House, Regent Road, Edinburgh, EH1 3DE Unit 4A, 2 Elizafield, Bonnington Industrial Estate, Edinburgh, EH6 5PY Scorrybreck, Portree, Isle of Skye, IV51 9DH Balivanich, Isle of Benbecula, HS7 5LA Greyfriars House, Gallowgate, Aberdeen, AB10 1LQ Southlands, 32 Reidhaven Street, Elgin, IV30 1QH Level 5, Dundee, DD1 2DB Schedule B, Annex 3-18 Annex 3 to Schedule B Unit 4B, Kinlochleven Business Park, Kinlochleven, Argyll, PH50 4SH 10 Keith Street, Stornoway, HS1 2OG Tiree, Unit 3, The Business Centre, Crossapol, Isle of Tiree, PA77 6UP 139 Leith Walk, Edinburgh, EH6 8NP Unit 4B, 1 Elizafield, Bonnington Industrial Estate, Edinburgh, EH6 5PY 23 Walker Street, Edinburgh, EH3 7HX Fruit Market, Admin Block, Blochairn Road, Glasgow, G21 2UW Ord Croft, Lairg, IV27 4AZ Station Street, Stranraer, DG9 7HJ Bute House, 6 Charlotte Square, Edinburgh, EH2 4DR Unit 6B, Tower Street, Leith, Edinburgh Scottish Industrial Development Meridian Court, 5 Cadogan Street, Glasgow, G2 6AT Advisory Board Scottish Law Commission 140 Causewayside, Edinburgh, EH9 1PR Scottish Legal Aid Board 44 Drumsheugh Gardens, Edinburgh, EH3 7SW Scottish Legal Aid Board 9 York Place, Edinburgh, EH1 3HP (Public Defence Solicitors Office) 120-124 Saltmarket, Glasgow, G1 5LB 17 Queensgate, Inverness, IV1 1DF 13 Cowgate, Dundee, DD1 2HS 47-49 West Bridge Street, Falkirk, FK1 5AZ 17 Wellington Square, Ayr, KA7 1EZ 14 Harbour Street, Kirkwall, Orkney, KW15 1LE Scottish Local Authorities Local Democracy Team, Area 3H, Victoria Quay, Edinburgh, EH6 Remuneration Committee 6QQ Scottish Natural Heritage Great Glen House, Leachkin Road, Inverness, IN3 8NW Battleby, Redgorton, Perth, PH1 3EW Caspian House, Mariner Court, Clydebank Business Park, Schedule B, Annex 3-19 Annex 3 to Schedule B Clydebank, G81 2NR Stewart Building, Alexandra Wharf, Lerwick, Shetland, ZE1 0LL 54-56 Junction Road, Kirkwall, Orkney, KW15 1AW 32 Francis Street, Stornoway, Isle of Lewis, HS1 2ND Stilligarry, South Uist, Western Isles, HS8 5RS 17 Pulteney Street, Ullapool, Ross-shire, IV26 2UP The Govenor’s House, The Parade, Fort William, Inverness-shire PH33 6BA 2 Anderson Place, Edinburgh, EH6 5NP 12 Hope Terrace, Edinburgh, EH9 2AS The Reserve Office, The White House, Isle of Rum, PH43 4RR Main Street, Golspie, Sutherland, KW10 6TG Bridge Road, Portree, Isle of Skye, IV51 9ER Anancaun, Kinlochewe, by Achnasheen, Ross-shire, IV22 2PA Fodderty Way, Dingwall Business Park, Dingwall, IV15 9XB Achantoul, Aviemore, Inverness-shire, PH22 1QD Creag Meagaidh NNR, Aberarder, Kinlochlaggan, by Newtonmore, Inverness-shire, PH20 1BX The Beta Centre, Innovation Park, University of Stirling, Stirling, FK9 4NF 1 Kilmory Industrial Estate, Kilmory, Lochgilphead, Argyll, PA31 8RR Glencruitten Road, Oban Argyll, PA34 4DN Main Street, Bowmore, Isle of Islay, Argyll, PA43 7JJ Ballochyle, Sandbank, Dunoon, Argyll, PA23 8RD 19 Wellington Square, Ayr, KA7 1EZ 30 Hope Street, Lanark, ML11 7NE Carmont House, The Crichton, Bankend Road, Dumfries, DG1 4ZF Holmpark Industrial Estate, New Galloway Road, Newton Stewart, DG8 6BF Cairnsmore of Fleet NNR, Reserve Office, Dromore Farm, Schedule B, Annex 3-20 Annex 3 to Schedule B Gatehouse of Fleet, Castle Douglas, Kirkcudbrightshire, DG7 2BP Caerlaverock NNR, Reserve Office, Hollands Farms Road, Caerlaverock, Dumfries, DG1 4RS 16/17 Rubislaw Terrace, Aberdeen, AB10 1XE 32 Reidhaven Street, Elgin, Morayshire, IV30 1QH St Cyrus NNR, The Old Lifeboat Station, Nether Warburton, St Cyrus, Montrose, DD10 0DG Muir of Dinnet NNR, New Kinord House, Dinnet, Aboyne, AB34 5LQ Forvie NNR, Stevenson Forvie Centre, Little Collieston Croft, Collieston, Ellon, AB41 8RU West Lodge, Airlie, by Kirriemuir, Angus, DD8 5NP The Pier, Loch Leven, Kinross, KY13 8UF Laundry House, Dalkeith Country Park, Dalkeith, Midlothian, EH22 2NA 46 Crossgate, Cupar, Fife, KY15 5HS Anderson’s Chambers, Market Street, Galashiels, TD1 3AF Scottish Parliamentary The Scottish Parliament, Edinburgh, EH99 1SP Corporate Body Scottish Police Services 176 St Vincent Street, Glasgow, G2 5SG Authority Scottish Prison Service HM Prison Barlinnie, Glasgow, G33 2QX HM Prison Glenochil, King O’Muir Road, Tullibody, Clackmannanshire, FK10 3AD HM Prison & YOI Perth, 3 Edinburgh Road, Perth, PH2 8AT HM Prison Shotts, HM Unit Shotts & HM National Induction Centre, Shotts, Lanarkshire, ML7 4LF HM Prison & YOI Polmont, Brightons, Falkirk, Stirlingshire, FK2 0AB Calton House, 5 Redheughs Rigg, Edinburgh, EH12 9HW HM Prison & YOI Cornton Vale, Cornton Road, Stirling, FK9 5NU HM Prison Peterhead, Peterhead, Aberdeenshire, AB42 6YY HM Prison Edinburgh, 33 Stenhouse Road, Edinburgh, EH11 3LN Schedule B, Annex 3-21 Annex 3 to Schedule B HM Prison Greenock, PA16 9AH HM Prison Castle Huntly, (Open Estate), Longforgan, nr Dundee, DD2 5HL HM Prison Dumfries, Terregles Street, Dumfries, DG2 9AX HM Prison Aberdeen, Craiginches, Aberdeen, AB11 2NE HM Prison Inverness, IV2 3HH HM Prison Noranside (Open Estate), Fern, by Forfar, Angus, DD8 3QY Scottish Prison Service College, Newlands Road, Brightons, Falkirk, FK2 0DE SPS Central Stores, Westend, Station Road, Fauldhouse, EH47 8BS Scottish Public Pensions 7 Tweedside Park, Tweedbank, Galashiels, TD1 3TE Agency Scottish Qualifications Authority The Optima Building, 58 Robertson Street, Glasgow, G2 8DQ Ironmills Road, Dalkeith, Midlothian, EH22 1LE Scottish Records Advisory National Archives of Scotland, HM General Register House, 2 Council Princes Street, Edinburgh, EH1 3YY Scottish Screen 249 West George Street, Glasgow, G2 4QE Scottish Social Services Compass House, 11 Riverside Drive, Dundee, DD1 4NY Council Scottish University for Industry Alhambra House, 45 Waterloo Street, Glasgow, G2 6HS Scottish Water Balmore Road Office, 419 Balmore Road, Possilpark, Glasgow, G22 6NU Fairmilehead Office, 55 Buckstone Terrace, Edinburgh, EH10 6XH Castle House, 6 Castle Drive, Carnegie Campus, Dunfermline, KY11 8GG Inverness Area Office & Stores, 31 Henderson Drive, Longman North, Inverness, IV1 1TR Bullion House, Invergowrie, Dundee, Angus, DD2 5BB Watermark, The Alba Centre, The Alba Campus, Livingston, EH54 7HH Schedule B, Annex 3-22 Annex 3 to Schedule B Juniper House, Heriot Watt Research Park, Avenue North, Edinburgh, EH14 4AP Kingshill House, Arnhall Business Park, Westhill, Aberdeen, AB32 6UF Blantyre Office, 5 Whistleberry Road, Blantyre, Lanarkshire, G72 0TA Leven House, Balmore Road Office, 419 Balmore Road, Possilpark, Glasgow, G22 6NU Prestwick Office, 35 Glenburn Road, Prestwick, Ayrshire, G5 0HN Riverside House, Riverside Drive, Dundee, Angus, DD2 1UD Craig Mitchell House, Flemington Road, Glenrothes, Fife, KY7 5QH Fort William Area Office & Depot, Carrs Corner, Lochy Bridge, Fort William, PH33 6TQ Torridon House, Beechwood Business Park, Inverness, IV2 3BW Dumfries Office, Marchmont House, Dumfries, DG1 1PW Western Isles Area Office & Depot, Glean Seileach Business Park, Willowglen Road, Stornoway, HS1 2EP Shetland Area Office, PO Box 11660, Lerwick, Shetland, ZE1 0ZF Wick Area Office & Depot, Morven House Units 7a & 7b, Airport Industrial Estate, Wick, KW1 4QS Orkney Area Office, Seafire Road, Kirkwall, Orkney, KW15 1WL Ullapool Area Office & Depot, Morefield Industrial Estate, North Road, Ullapool, IV26 2SR Dornoch Area Office & Depot, Shore Road, Dornoch, Sutherland, IV25 3LS Oban Office, Tullich, Soroba, Oban, PA34 4SB Portree Area Office & Depot, Dunvegan Road, Portree, Isle of Skye, IV51 9HD Uist, Barra & Benbecula Office & Depot, Market Stance, Benbecula, Western Isles, HS7 5LT Elgin Area Office, Moycroft Road, Elgin, Moray, IV30 1XE Schedule B, Annex 3-23 Annex 3 to Schedule B Dumbarton Office, 19 Poplar Road, Broadmeadow Industrial Estate, Dumbarton, G82 2RJ Lochgilphead Office, Manse Brae, Lochgilphead, Argyll, PA31 8RD Stranraer Office, Ailsa House, Sun Street, Stranraer, DG9 7JL Stronachlachar Office & Depot, Stronachlachar to Inversnaid Road, Stronachlachar, by Aberfoyle, FK8 3TY Bellshill Office, 4 Melford Road, Righead Industrial Estate, Bellshill, ML4 3JU Blanefield Office & Store, 62 Glasgow Road, Blanefield, Glasgow, G63 9HX Burnfield Road Office, 55 Burnfield Road, Giffnock, Glasgow, G46 7PY Duddingston Park South Office & Depot, 171 Duddingston Park South, Edinburgh, EH15 3EG Lomond House, Beveridge Square, Almondvale, Livingston, EH54 6QF Mannofield C3 Office, St John’s Terrace, Mannofield, Aberdeen, AB15 7PH Paisley Office, 36-42 Underwood Road, Paisley, Renfrewshire, PA3 1TP Pentland Gait Office, 597 Calder Road, Edinburgh, EH11 4HJ Perth Area Office & Depot and WTW, 14 Gowans Terrace, Perth, PH1 5AY Priestly House, 150 Polmadie Street Skypark Office, Clydeway Skypark, 8 Elliot Place, Glasgow, G3 8EP Thompson Pavilion, West of Scotland Science Park, Acre Road, Glasgow, G20 0XA Vertex House, 498 Gorgie Road, Edinburgh, EH11 3AF Sea Fish Industry Authority 18 Logie Mill Logie Green Road Edinburgh Schedule B, Annex 3-24 Annex 3 to Schedule B EH7 4HS Social Work Inspection Agency Room 2/1/1, Ladywell House, Ladywell Road, Edinburgh, EH12 7TF Sport Scotland South Gyle, Edinburgh, EH12 9DQ Aviemore, Inverness-shire, PH22 1QU Burnside Road, Largs, Ayrshire, KA30 8RW Isle of Cumbrae, Ayrshire, KA28 0HQ Student Awards Agency for Scotland Student Loans Company Ltd Room 109, Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH HQ – 100 Bothwell Street, Glasgow, G2 7JD Hillington Office, 11 Carnegie Road, Glasgow, G52 4JT The Deer Commission for Great Glen Close, Leachkin Road, Inverness, IV3 8NW Scotland DCS Alpha Centre, Stirling University, Innovation Park, Stirling, FK9 4NF Loch Lomond & the Trossachs National Park Authority National Park Headquarters, Balloch Road, Balloch, Alexandria, G83 8BF Transport Scotland 9th Floor, Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF Visit Scotland Ocean Point One, Ocean Drive, Edinburgh, EH6 6JH Water Industry Commission for Springkerse Business Park, Stirling, FK7 7XE Scotland Schedule B, Annex 3-25 Annex 4 to Schedule B Code of Conduct Transcribers for Interpreters, Translators and Name and address of Contractor: The attached Code of Conduct sets out the standards which are expected of every interpreter, translator and transcriber when carrying out an assignment for the Collaborative Partners. By signing below each interpreter supplied by your organisation is confirming that they have read, understood, and agreed to adhere to the terms and conditions contained in the Code of Conduct. A copy of this form should be provided to the Collaborative Partner and a copy should be retained by your organisation. An updated form must be provided each time an interpreter is added to or deleted from the list. Interpreter / Translator / Transcriber’s name Signature Language 1 Schedule B, Annex 4-1 Language 2 Annex 4 to Schedule B Code of Conduct Transcribers for Interpreters, Translators and This Code of Conduct sets out the standards which are expected of you when accepting assignments from the collaborative Partners. 1. Competence – You are expected to: Have a written and spoken command of both languages, including any specialist terminology, current idioms and dialect; Be familiar with any cultural backgrounds relevant to the assignment; Understand police station and court procedures for those organisations where it is required. 2. Procedure – You will: Convey the exact meaning of what has been said without adding, omitting or changing anything; making explanation only where a cultural misunderstanding may be occurring, or where there is no direct equivalent for a particular term. Only in exceptional circumstances should a summary be given (and only if consent is given by all parties) provided the meaning of what is being summarised is not distorted. Declare any difficulties you have with dialect or technical terms and if these cannot be satisfactorily remedied, withdraw from the assignment. Not give advice, legal or otherwise, to the accused, nor enter into discussion with them (other than to confirm language/dialect match). Not delegate work, nor accept delegated work (or work for another party in the proceedings), without the prior consent of the party engaging your/the other interpreter’s services. Be reliable and punctual at all times. Declare immediately any previous involvement in the assignment and any involvement or relationship with the accused or any witness in the case. Interrupt the proceedings only: To ask for clarification; To point out that a party may not have understood something; To alert the parties to a missed cultural reference; To advise the court that there is no equivalent term in the language concerned, to the term being used; To advise the court that you require a break, due to the potential for lapses in concentration to occur during lengthy periods of simultaneous or consecutive interpreting. 3. Ethical and Professional Issues – You will: Respect confidentiality at all times and not seek to take advantage of any information disclosed during your work. Act in an impartial and professional manner. Not discriminate between parties (to their advantage or disadvantage) either directly or indirectly, on the grounds of race, colour, ethnic origin, age, nationality, religion, gender, disability or sexual orientation. Disclose any information, including any criminal record, which may make you unsuitable for any particular assignment. Disclose immediately if the person for whom you are interpreting or their immediate family is known or related to you. Declare any business, financial, family or other interests which you might have in the matter being handled. Schedule B, Annex 4-2 Annex 4 to Schedule B Not accept any form of reward (whether in cash or otherwise) for interpreting work, other than payment via this Contract. 4. Confidentiality Any information you obtain in the course of your assignment is confidential and is not to be given by you to anyone who is not a party to the case, whether during the assignment or after it has been finished, unless we give you written permission to do so. You must also comply with the current Data Protection Act legislation. You will not use any information you obtain in the course of your assignment for any purpose other than as authorised by a Collaborative Partner. The right to all such information rests with us and permission to access and use this information can only be given by a representative of the Collaborative Partner. If you feel that you may require to disclose information obtained in the assignment due to a need for additional support or guidance you should write to the Clerk of Court for permission to disclose such information. You must keep safe any document provided to you in the course of an assignment; you must make sure they are not copied, in whole or in part, and you must return them to us, at the end of the assignment. 5. Insurance You are advised to have your own professional indemnity insurance cover as the Authority will not be responsible for any claims made against it, or against you, on the grounds (for example) of incompetent interpreting or unprofessional conduct. I have read and understood the terms and conditions set out above, and I accept this assignment. I understand that if I breach any of these terms and conditions, particularly those relating to confidentiality, criminal or civil proceedings may result. Signed………………………………………………………………………………………… Name………………………………………………………………………………………….. Date…………………………………………………………………………………… Schedule B, Annex 4-3 Annex 5 to Schedule B EXAMPLE OF COLLABORATIVE PARTNER ATTENDANCE / MONITORING FORM Interpreter Attendance Form Interpreter Details 2.1 Name of Interpreter Interpreting Agency Name and Address: Address from which you travelled to/from court if different from above Agency telephone number Court Attendance Details 2.2 NAME/LOCATION OF COURT 2.3 Name of accused Case reference number Date attended at court (Please use a separate form for each date) Time you left home/work to travel to court Time you arrived home/work after court ndance Invoice Details. All sums detailed must be in accordance with the rates specified in the Contract. Payment will be made by BACS to the Interpreting Agency. 2.4 Fees Travel - Public Travel - Private Overnight stay: Number of hours claimed £ Bus From/To Rail From/To Other (Please specify) Number of miles £ £ £ £ Food and hotel expenses (Please enclose receipts) Incidental expenses allowance £ £ Other (Please specify) £ Total fees and expenses claimed £ I certify that I have read and understood the Code of Conduct for Interpreters and that in carrying out this assignment I have adhered to the terms and conditions contained in the Code of Conduct for Interpreters. I understand that any breach of the said terms and conditions in the Code of Conduct, Schedule B, Annex 5-1 Annex 5 to Schedule B particularly those relating to confidentiality, may result in criminal or civil proceedings being taken against me. I further certify that all details in this form are correct and that the fees detailed are consistent with the scale of charges set out in the Framework Contract for the Supply of Interpreting, Translating and Transcription Services. Name: Signed: Date: For Official Use Only 2.5 Court attendance verified Claim verified Authorised and passed for payment Paid Schedule B, Annex 5-2 Annex 6 to Schedule B PURCHASE ORDER PROCESS SAMPLE PURCHASE ORDER FORM Dear CASE AGAINST: «subj_name» COURT ADDRESS: «court_name» COURT DATE: «court_date» COURT TIME: «court_time» COURT DIET: «court_type» I refer to the above case and would be grateful if you would supply an interpreter to cover the case on the date(s) referred to. The interpreter is required to assist The interpreter should have the Diploma in Public Service Interpreting (Scottish Legal Option) and recent experience of both consecutive and simultaneous interpreting in the court context. The interpreter should hold a valid certificate from Disclosure Scotland at If you are unable to meet these requirements, I would be grateful if, in the first instance, you would contact this office to discuss the matter. In such circumstances I will require a statement in writing from you as to the qualifications and experience of the interpreter recommended by you, the basis of your assessment of the interpreter and as to why you consider the interpreter to be suitable for this assignment. I would be grateful if you would pass this letter to the interpreter identified by you and if it could be treated as a letter of instruction. Please also return the instruction document attached with the name of the assigned interpreter and any other relevant documentation attached. Please ask the interpreter to consider and sign the Code of Conduct that is attached to this letter prior to accepting this assignment. A signed copy of the Code of Conduct (with any responses required by the Code) is necessary before the interpreter may take up the assignment. Please return the original signed copy to this office while retaining a copy for your records. A monitoring form is also attached. Please ensure that it is passed to the interpreter in advance of the assignment and ensure that the interpreter is advised that it must be filled in at the conclusion of the assignment. We consider this to be an essential feature of our contract with you and will not pay the interpreter’s fee until this form is completed and passed to us. I should be grateful if you would ensure that the Interpreter assists the witness to complete the expenses form and post it to the Procurator Fiscal's office. You will find the address of the office on the 'Going to Court' document that was issued to the witness with their witness citation. This order is placed in accordance with the terms and conditions of the contract awarded to you for the Provision of Interpreters and Interpreting Services, Tender Ref: 138244. Payment will be in accordance with this contract provisions. Payment will be made in accordance with the contract, on completion of the work and submission of a detailed invoice and a completed monitoring form, to the address above. I am grateful to you for your assistance. Please contact this office if you have any queries in relation to this matter. Yours Enclosures Copy Complaint/Indictment. Code of Conduct. General Briefing. Monitoring Form. Schedule B, Annex 6-1 Annex 6 to Schedule B CODE OF CONDUCT FOR INTERPRETERS This Code of Conduct sets out the standards that are expected of you when accepting assignments from the Crown Office and Procurator Fiscal Service. Competence 1. You are expected to: Have a written and spoken command of both languages, including any specialist terminology, current idioms and dialect. Be familiar with any cultural backgrounds relevant to the assignment. Understand police station and court procedures. Procedure 2. You will: Convey the exact meaning of what has been said without adding, omitting or changing anything; making explanation only where a cultural misunderstanding may be occurring, or where there is no direct equivalent for a particular term. Only in exceptional circumstances should a summary be given (if this is consented to by all parties) provided the meaning of what is being summarised is not distorted -. Declare any difficulties you have with dialect or technical terms and if these cannot be satisfactorily remedied, withdraw from the assignment. Not give advice, legal or otherwise, to an accused or witness in the case, nor enter into discussion with them (other than to confirm language/dialect match). Not delegate work, nor accept delegated work (or work for another party in the proceedings), without the prior consent of the party engaging your/the other interpreter’s services. Be reliable and punctual at all times. Declare immediately any previous involvement in the assignment and any involvement or relationship with the accused or any witness in the case. Interrupt the proceedings only to: (a) (b) (c) (d) Ask for clarification. Point out that a party may not have understood something. Alert the parties to a missed cultural reference. Advise the court that there is no equivalent term in the language concerned to the term being used. (e) Advise the court that you require a break due to the potential for lapses in concentration to occur during lengthy periods of simultaneous or consecutive interpreting. Ethical and Professional Issues 3. You will: Respect confidentiality at all times and not seek to take advantage of any information disclosed during your work. Act in an impartial and professional manner. Schedule B, Annex 6-2 Annex 6 to Schedule B Not discriminate between parties (to their advantage or disadvantage) either directly or indirectly, on the grounds of race, colour, ethnic origin, age, nationality, religion, gender or disability. Disclose any information, including any criminal record, which may make you unsuitable for any particular assignment. Disclose immediately if the person for whom you are interpreting, or their immediate family is known or related to you. Declare any business, financial, family or other interests which you might have in the matter being handled. Not accept any form of reward (whether in cash or otherwise) for interpreting work, other than payment by the party engaging your services. Confidentiality 4. Any information you obtain in the course of your assignment is confidential and is not to be given by you to anyone outside the Crown Office and Procurator Fiscal Service, whether during the assignment or after it has been finished, unless we give you written permission to do so. You must also comply with the current Data Protection Act legislation. 5. You will not use any information you obtain in the course of your assignment for any purpose or other than as authorised by us. The right to all such information rests with us and permission to access and use this information can only be given by a Crown Office and Procurator Fiscal Service representative. If you feel that you may require to disclose information obtained in the assignment due to a need for additional support or guidance you should write to the Procurator Fiscal for permission to disclose such information. 6. You must keep safe any documents provided to you in the course of an assignment; you must make sure they are not copied, in whole or in part, and you must return them to us at the end of the assignment. Insurance 7. You should be covered by professional indemnity insurance cover (either your own or that provided by the interpreting service) as the Crown Office and Procurator Fiscal Service will not be responsible for any claims made against it, or against you, on the grounds, for example, of incompetent interpreting or unprofessional conduct. 8. I accept this assignment, having read and understood the terms and conditions set out above. I understand that if I breach any of these terms and conditions, particularly those relating to confidentiality, criminal or civil proceedings may result. Signed ………………………………………………………………………………………… Date …………………………………………………………………………………………… Schedule B, Annex 6-3 Annex 6 to Schedule B INTERPRETING IN THE CRIMINAL COURT GENERAL BRIEFING FOR INTERPRETERS 1. Remember that as an interpreter in the criminal court you are entirely independent of the parties. You must perform your role in a wholly independent and impartial manner. 3. Be confident. You role is essential to ensure that the proceedings are fair. If those speaking are going too quickly to allow you to interpret properly let the judge know. 4. In both community and foreign languages and sign language there may be no equivalent term to the English term or phrase being used. It is crucially important that you interpret as closely as possible the meaning of the terms being used. Do not guess. Advise the court of the difficulty at the time. It is likely that it will be possible for the individual using the difficult term to say or sign it in a different way. 5. Please ensure that you consider, sign and return the Code of Conduct provided with the letter of instruction before accepting an assignment from the Crown Office and Procurator Fiscal Service. 6. Remember that your concentration can lapse in long periods of simultaneous or consecutive interpreting. Be sure to alert the court to this and to the need for regular breaks (every 30 minutes or so). The Procurator Fiscal should raise this issue at the outset of trials but ultimately it is a matter for the court as to whether regular breaks in the proceedings will be provided. 2.5.1 REQUISITIONING INTERPRETER FOR OFFICE USE: DATE REQUIRED TIME REQUIRED REQUIRED FOR COURT /PRECOGNITION/OTHER (please specify) If precognition/other indicate approximate length of time required or for court please indicate if for more than 1 day CASE NUMBER CASE AGAINST NATURE OF OFFENCE including summary/solemn proceedings WITNESS/ACCUSED NAME LANGUAGE/DIALECT REQUIRED Schedule B, Annex 6-4 Annex 6 to Schedule B OTHER ISSUES specific religious and /or cultural considerations VULNERABILITY? Please specify if other than language ANY SPECIAL INSTRUCTIONS e.g. age , gender of interpreter, other sensitivities in the case, special arrangements screens or recording equipment REQUESTED BY DATE AND TIME REQUESTED INTERPRETER KIT SENT: For Company Use: COMPANY REQUESTED FROM: COMPANY REFERENCE: INTERPRETERS NAME: HOLDS VALID DISCLOSURE CERTIFICATE INTERPRETER HOLDS DPSI OR EQUIVALENT QUALIFICATION OF A SIMILAR STANDARD (if not paper apart to justify suitability) Other relevant information REQUEST TO BE RETURNED BY CONTRACTOR TO OFFICE REQUISITIONING INTERPRETER Schedule B, Annex 6-5 Annex 6 to Schedule B Reference: «casenum» MONITORING FORM Section One For Completion by the Interpreter Name of Interpreter: Interpreting Agency: Date of Assignment: Type of Assignment (type of court hearing/precognition): Venue of Assignment: Required Language: Name of Person you Assisted: Yes Did the Hearing take place? Do you have the Diploma in Public Service Interpreting (Scottish Legal Option) OR are you a Sign Language Interpreter registered with the Scottish Association of Sign Language Interpreters? If NO please state your qualifications and experience: Schedule B, Annex 6-6 No Annex 6 to Schedule B Do you hold a certificate issued by Disclosure Scotland? If YES what is the level and the date of that certificate? Was there a language/dialect match between yourself and the accused/witness? Comments: Were there any difficulties in the interpreting process? Comments: Did you have all necessary information to allow you to conduct this assignment? (If NO, what would have helped?) Comments: Were there any cultural or political difficulties between yourself and the accused/witness which caused difficulty in the interpreting process? Comments: Schedule B, Annex 6-7 Annex 6 to Schedule B Did you require to ask any of the parties to speak more slowly or to use different terms because of a lack of equivalent term in the particular language? Comments: Did you experience any difficulties because of any action of the court itself? Comments: Signed: Date: Name: Upon completion please return this form to the relevant interpreting agency. Schedule B, Annex 6-8 Annex 6 to Schedule B Section 2 For Completion by the Court Official, Depute or Precognition Officer Name: Procurator Fiscal's Office: Date of Assignment: Interpreter’s Name: Yes Was the Interpreter punctual? Was there a requirement for an overnight stay? Did the police provide information in relation to language and dialect required? Comments: Was the interpreter provided with briefing material by the Crown (including the letter of instruction, copy complaint/indictment and glossary of terms)? Comments: Schedule B, Annex 6-9 No Annex 6 to Schedule B Did you require to brief the interpreter in relation to any unusual or complex terminology to be used in advance? If YES please give details. Comments: Do you feel that the interpreting service through which the interpreter was arranged provided an interpreter who was suitable for the assignment? If NO please give details. Comments: Would you be happy to work with this interpreter in the future? Comments: Signed: Date: Name: Upon completion please return to the Office Manager/ designated person. Schedule B, Annex 6-10 Annex 7 to Schedule B SERVICE LEVELS AND SERVICE CREDITS SER NO. 1 INTERPRETING ACTIVITY DESCRIPTION Service Quality 2 Attendance 3 Attendance 4 Attendance 5 Qualifications SERVICE LEVEL Interpreting should be carried out professionally and accurately. The Interpreter must arrive at Court on the time specified in the Purchase Order Form. The Interpreter must attend each and every assignment. The Interpreter must remain for the duration of the assignment. % of DPSI qualified Interpreters (Year 1) 6 % of DPSI qualified Interpreters (Year 2) 7 % of DPSI qualified Interpreters (Year 3) 8 9 TRANSLATION AND TRANSCRIPTION Service Quality (Court related Documents, e.g. Police Interviews, Medical documents) Service quality (Non Court related Documents, e.g. letters to victims) 10 Administration The Contractor must ensure all translations and transcriptions meet the agreed format and specification, are error free and comply with agreed Purchase Order Form. All translations and transcriptions meet the agreed format and specification, are error free and comply with agreed Purchase Order Form Invoices received in an accurate and timely manner; management information and Service Level information provided on a monthly basis. Schedule B, Annex 7-1 TARGET 100% 100% 100% 100% 100% 98% 98% SERVICE CREDIT Annex 8 to Schedule B Annex 8 - Collaborative Partners currently using eProcurement Scotland. Name Scottish Government Marine Scotland General Registers Office Her Majesties Inspectorate of Education National Archives Scotland Scottish Agricultural & Science Agency Scottish Building Standards Agency Scottish Courts Administration Scottish Courts Service Scottish Public Pensions Agency Social Work Inspection Agency Student Awards Agency Scotland Transport Scotland Accountant in Bankruptcy Accountant in Court Communities Scotland Crofters Commission Deer Commission Finance and Tax Tribunals Lands Tribunals for Scotland Local Government Boundary Commission Mental Welfare Commission Mental Welfare Tribunal Office of the Scottish Charities Regulator Office of Social Security Parole Board Pension Appeals Tribunal Regulation of Care Rent Assessment Panel Royal Commission on Ancient & Historical Monuments Scotland Office Scottish Criminal Cases Review Commission Scottish Criminal Records Office Scottish Drug Enforcement Agency Scottish Fire Services College Scottish Land Court Scottish Law Commission Scottish Police College Scottish Police Information Strategy Scottish Police Services Agency Vetting and Barring Agency (formally disclosure Scotland) Highlands and Islands Enterprise Scottish Water Historic Scotland End of Schedule B Schedule B, Annex 8-1 CENTRAL GOVERNMENT PROVISION OF INTERPRETING, TRANSLATION AND TRANSCRIPTION SERVICES SCHEDULE C PRICING DOCUMENT REFERENCE: CASE 138244 Restricted – Contracts Ref: 138244 April 2009 SCHEDULE C Pricing Schedule TENDERED PRICES Tender Response Requirement 1. Tenderers are required to submit a fixed price for Years 1, 2 and 3 of the Framework Agreement. All prices must be shown exclusive of VAT and in GB £’s Sterling for attendance Monday to Friday 08.00 am – 6.00 pm. 2. For Interpreting Services only, attendance Monday to Friday 06.00 pm to 08.00 am and weekends, Tenderers are also required to submit a fixed price for Years 1, 2 and 3 of the Framework Agreement. All prices must be shown exclusive of VAT and in GB £’s Sterling. 3. These prices shall remain fixed for the duration of the Framework Agreement. 4. Any price variations for the Option Year 4 will be subject to agreement with the Authority. Prices may increase or decrease (through improved efficiencies or deflation, etc). Any increases in prices shall not exceed the percentage change in the Office of National Statistics’ Consumer Prices Index (CPI) (or another such index specified in the Product Listing) between the Commencement Date and the first Price Review Date or between the preceding Price Review Date and the applicable Price Review Date (as appropriate). 5. Tenderers should provide details of their cancellation policy and minimum number of hours charged for short notice cancellation, if applicable. Tenderers should provide their definitions of “short notice” and minimum charges. The Pricing Schedule is attached and has also been issued individually through our Electronic Tender Service (ETS). Case No. 138244 Interpretating, Translation and Transcription Pricing Schedule.xls It is mandatory that Tenderers provide a compliant pricing bid. Prices must be in GB Pounds Sterling and all aspects of the requirement as detailed in the specification. End of ITT Sch C-1