OFFICE OF THE POLICE AND CRIME COMMISSIONER
F O R G R E AT E R M A N C H E S T E R
GMP PSN REQUIREMENTS
TENDER
Published by:
Greater Manchester Police, Procurement Section, Nexus House, Alexandria Drive, Ashton-under-Lyne M11 2NS
Telephone: 0161 856 1140
Email: procurement@gmp.police.uk
Andrea Boulton, Head of Procurement (Interim), Greater Manchester Police – August 2014
OPCC: GMP PSN REQUIREMENTS
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CONTENTS
SECTION 1
INTRODUCTION
SECTION 2
INSTRUCTIONS TO TENDER
SECTION 3
TENDER AND RESOURCE/PRICE SCHEDULE
SECTION 4
STATEMENT OF REQUIREMENTS
SECTION 5
TERMS AND CONDITION OF CONTRACT
SECTION 6
COMPANY INFORMATION QUESTIONNAIRE
SECTION 7
EVALUATION
SECTION 1: INTRODUCTION
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SECTION 1: INTRODUCTION
1.1
This tender is issued by Greater Manchester Police (“GMP”) acting on behalf of the Police
and Crime Commissioner (“PCC”) for Greater Manchester, which as a corporate sole is the
contracting authority in respect of this tender and will enter into any contract awarded.
1.2
GMP is responsible for policing an area of 500 square miles, which includes open moorland,
and semi-rural areas, as well as town and cities. At its heart lies the cities of Manchester and
Salford, which, along with eight surrounding metropolitan boroughs, form the administrative,
commercial and cultural heart of North West England. Each of these communities has its own
unique sense of identity and policing needs presenting different policing challenges.
1.3
Almost 5% of the UK population is in Greater Manchester and GMP serves a multicultural
population of over 2.5 million. The diversity of our customer base is evidenced by the fact that
12% of the population belongs to a minority ethnic group. People who live outside the
boundaries of Greater Manchester, but enter the area to visit, work or simply travel through,
increase our population on a daily basis. An extensive road, rail and motorway network,
together with a Metrolink light railway system, serves the area. GMP is also responsible for
policing Manchester International Airport which now handles in excess of 18 million
passengers every year, making it one of the world’s busiest airports.
1.4
There are 12 policing divisions in GMP, which are coterminous to the 10 local authorities in
Greater Manchester area. There are also a number of branches that support divisions in the
overall aim to help fight crime and protect people.
1.5
GMP has an ambitious Change and Transformation Portfolio called ‘Fit for the Future’ and an
extensive IS Transformation Programme, ISTP. These include programmes to transform
Policing services and support services through for example

The HR Transformation Project reviewing the way HR services are currently delivered
in GMP, developing operating model options and opportunities to reduce costs
through shared arrangements with a Local Authority.

Moving the Oracle e-Business suite to be a hosted managed service

Replacing key operational systems based on a managed services model
incorporating externally hosted computer infrastructure and application services

Replacing local, in-house data-centers with externally managed and hosted data
center services, utilizing a “virtualization out” procedure to reduce the server footprint.
GMP are engaged with a Service Delivery Partner to assist in the procurement of such
services, to design and implement target architectures and to deliver a Target Operating
Model for the IS services to be “fit for the future”. Impacts of business or technical changes
on the strategic direction are assessed and evaluated through a Business and Architecture
Group to the Strategic Design Authority; the IS Branch utilise ITIL based change procedures
for the implementation of agreed changes.
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1.6
GMP utilise the CJX & xCJX for a number of interfaces to other agencies. For instance, our
TWIF (Two Way Interface) uses a CJX connection to provide data to both the CPS &
Courts. These are real time interfaces that enable multi-agencies to handle data quickly
and efficiently and are fundamental to the judicial processes in place today.
The ISTP has a potential to impact upon the continued delivery of these interfaces and
suppliers of PSN services to GMP will need to be cognisant of any potential impacts to
these and have an ability to negotiate on behalf of the force with the PSN Accreditor to
ensure continued service throughout any transformational activities.
It is evident that considerable change will be required throughout the ‘Fit for the Future’ and
‘ISTP’ programmes and whilst GMP is committed to their delivery, do not wish to engage in
funding of short term resolutions to issues that could be addressed as part of these bigger
programmes of work. It is therefore essential that our suppliers have a proven capability to
work with the PSN accreditors to achieve balance of cost against risk, whilst maintaining
consistent service levels on our existing interfaces.
1.7
The National PNN3 network service (CJX and xCJX), currently provided by Cable and
Wireless (now Vodafone) through a Government Framework Agreement will be discontinued
by October 2015. Access to restricted and confidential national services will need to be
provisioned using the new PSN (Public Service Network).
This work involves:






An extension of the current CJX and xCJX services until October 2015.
A full analysis of the GMP architecture security and management processes in order to
determine the work to be completed to become PSN compliant.
Negotiating and agreeing the necessary remediation.
Carrying out the remediation.
The approval of the GMP architecture to meet the PSN CoCo requirements.
The migration of existing CJX and xCJX applications to PSN
1.8
The purpose of this procurement activity is to therefore provide Tenderers with an
opportunity to propose an accurately priced service as detailed within the Statement of
Requirements at Section 4 below.
1.9
Information about the PCC can be found at : Website: www.gmpcc.org.uk
1.10
Further information about GMP is available at : www.gmp.police.uk
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SECTION 2: INSTRUCTIONS TO TENDER
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SECTION 2: INSTRUCTIONS TO TENDER
2.1
Tenders are invited for the provision of a PSN Requirements Service in accordance with
the requirements of this Invitation to Tender including (but not limited to) the Tender and
Resource/Price Schedule (Section 3), the Statement of Requirements (Section 4),
Conditions of Contract (Section 5), and subject to the policies and Standing Orders of the
PCC and GMP. Tenders which do not comply with these instructions may not be
considered.
2.2
GMP are looking for a single supplier to assist them in achieving accreditation under the
Public Service Network (PSN) Code of Connection. GMP has divided the project into three
Work Packages as shown below:
Work Package (WP) 1
 Completion of the Gap Analysis Report
 Completion of the Remediation Report*
Work Package (WP) 2
 Implementation of changes detailed within the Remediation Plan
 Completion of the Health Check
 Implementation of changes detailed within the Final Remediation Plan*
Work Package (WP) 3

Accreditation of the PSN submission.
Stage payments will be made based on the successful completion of each work package
as detailed in Section 3 Appendix 1.
The PCC does not bind itself to accept the lowest tender, or any tender. Evaluation will be
based on the most economically advantageous offer, balancing technical solution with
service delivery quality with price (see Section 7). The PCC reserves the right to cancel
this tender without making any award, or to award a contract in whole or just the first Work
Package to any tenderer.
2.3
The PCC will not be responsible for, or pay for, expenses or losses which may be incurred
in the preparation of this tender and in particular (but without limitation) in consequence of
any action or decision under paragraph 2.2 above.
2.4
Your tender submission and price schedule from Section 3 must be returned by uploading
the completed document (plus all other relevant supporting documents) to the Bluelight etendering system at www.bluelight.gov.uk
2.5
Your response must be received by no later than 14:00hrs on 19th August 2014.
2.6
Please ensure you allow sufficient time to upload your completed tender submission. It
can take up to two working days for the Bluelight Technical Team to respond to any
technical enquires. The PCC will not be liable for any difficulties encountered uploading
documents, and the closing date and time will be strictly adhered to. Any tender document
or part of a tender document which is received after the closing date will not be
considered.
2.7
Ideally, where possible, all supporting documents should be embedded into the tender
document, at the relevant question / section, rather than being attached as a separate
document(s). This will benefit tenderers by reducing the time to upload their submission,
and it also greatly assists the Evaluation Team in identifying the response to each specific
area.
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2.8
Responses should be in Microsoft Office 2007 format (including Word, Excel, PowerPoint
and Project) or in .pdf format.
2.9
Should you require clarification in respect of anything contained within this tender
document, please put your enquiries in writing and e-mail through the Bluelight e-tendering
system, (Discussions facility) AT LEAST FIVE (5) WORKING DAYS PRIOR TO THE
CLOSING DATE STATED IN PARAGRAPH 2.5 ABOVE. Correspondence sent
elsewhere will not be processed. GMP does not guarantee to answer clarification requests
received after this date. PLEASE DO NOT IDENTIFY YOURSELF OR YOUR COMPANY
IN THE BODY OF TEXT REQUESTS FOR CLARIFICATION AS THIS, AND OUR
RESPONSE, MAY BE CIRCULATED TO ALL TENDERING
Whilst this ITT and any clarification or other information or document produced by or on
behalf of the PCC or its advisers relating to this tender process (together referred to as the
“Tender Documents”) have been and will continue to be produced in good faith, neither the
PCC nor GMP nor any of their advisers gives any warranty or representation as to the
accuracy, completeness or sufficiency of the Tender Documents or any information
contained or referred to within the Tender Documents. All tenderers acknowledge and
accept that they are wholly responsible for conducting their own due diligence and making
all necessary enquiries as regards any fact or matter contained or referred to in the Tender
Documents, and acknowledge that neither the PCC nor GMP nor any of their advisers
shall be liable in any way whatsoever (including in negligence) for any loss suffered as a
result of any fact or matter contained or referred to in the Tender Documents, including
any inaccuracy, incompleteness or insufficiency of information contained or referred to in
the Tender Documents.
2.10
2.11
No contract, implied contract or quasi-contract shall be deemed to come into existence
between the PCC and any tenderer in respect of this tender process. The PCC’s liability
under this tender process shall be strictly limited to that arising under the Public Contracts
Regulations 2006 (as amended) and EU Directive 2004/18/EC and all other liability is
excluded to the fullest extent permitted by law.
2.12
Tenderers shall keep confidential and not make copies of or disclose to any other person
(save for the purpose of taking advice in relation to the preparation of a tender from
professional advisers, and who must accept a similar duty of confidentiality) the Tender
Documents. Tenderers must not make use of the Tender Documents for purposes other
than deciding whether to tender for this contract and preparing a tender. Upon conclusion
of this tender exercise, tenderers will destroy any copies of the Tender Documents which
they have retained and will upon request by the PCC or GMP provide evidence that they
have done so.
2.13
By participating in this tender, tenderers shall be deemed to have accepted and be bound
by the provisions of this ITT, and in particular paragraphs 2.11, 2.12 and 2.13 above.
CHECKLIST OF SUBMISSION DOCUMENTS
2.14
The following is a list of all tender submission documents which will constitute the
Tenderer’s offer in respect of this contract. Failure to return any of these documents may
invalidate the tender.

Statement of Work;

Resource Model;

CVs of Key Staff;

Statement of Experience of previous PSN Requirements (Gap Analysis and
Remediation Planning); This must identify how you meet GMP’s requirements as
detailed in Section 4 – Statement of Requirements

Cost Model;
8

Cost basis for future variations;

Completed Company Information Questionnaire (Section 6);
These documents are to be submitted through the Bluelight website portal no
later than 14:00hrs on 19th August 2014
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SECTION 3: TENDER AND RESOURCE/PRICE SCHEDULE
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SECTION 3: TENDER AND RESOURCE/PRICE SCHEDULE
NB: This document must be used when submitting a tender.
TO:
THE POLICE AND CRIME COMMISSIONER FOR GREATER MANCHESTER
FOR:
THE CONTRACT KNOWN AS:
PSN REQUIREMENTS
Sir/Madam
I/we agree that the documents comprising the Invitation to Tender together with our tender submission
documents will form part of any contract awarded pursuant to this tender process.
I/We understand that the PCC is not bound to accept the lowest tender, or any tender that may be received.
I/We certify that this is a bona fide tender and that I/we have not fixed or adjusted the amount of the tender
by or under or in accordance with any agreements with any other person(s).
I/We declare that there are no known conflicts of interest or reportable integrity issues between (a) the
company named below or any of its officers or employees, and (b) the PCC, GMP or their officers or
employees.
I/We agree that this Tender shall be open for acceptance for a period of four (4) months from the last date
quoted for submission of tenders.
I/We confirm that we accept the rules set out in this ITT and in particular (but without limitation) paragraphs
2.11, 2.12 and 2.13 of Section 2.
I/We have not corrupted/amended any text whatsoever in this electronically transmitted tender document.
Company Name: …………………………………………………………………………………...
Address: …………………………………………………………………………………………….
………………………………………………………………………………………………………..
………………………………………………………………………………………………………..
Telephone No: ……………………………………………………………………………………..
Facsimile No: ……………………………………………………………………………………….
E-mail: ………………………………………………………………………………………………
Signed: ……………………………………………………………………………………………...
Print Name: …………………………………………………………………………………………
Position in Company: ……………………………………………………………………………...
Date: ………………………………………………………………………………………………...
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APPENDIX 1 TO PART 3: PROJECT RESOURCE MODEL
Resource Model
Notes to Tenderers on pricing/resourcing
Suppliers are requested to provide prices for each Work Package


Work Package (WP) 1
Completion of the Gap Analysis Report
Completion of the Remediation Report*



Work Package (WP) 2
Implementation of changes detailed within the Remediation Plan
Completion of the Health Check
Implementation of changes detailed within the Final Remediation Plan*

Work Package (WP) 3
Accreditation of the PSN submission.
* the successful completion of these milestones will only become apparent in the following stages. 20%
of the price quoted will be retained by GMP until the work is proven. Suppliers will be expected to carry
out remedial work on the milestones where these are discovered lacking in later milestones. The
retention will become payable on successful completion of the milestone evidenced as follows:
‘Completion of the Remediation Report’
evidenced by
the findings of the ‘Health Check’
Implementation of changes detailed
within the Final Remediation Plan’
evidenced by
the outcome of the ‘PSN
Submission’.
.
 Other than the two milestones described above, for each agreed milestone that is fully delivered on
time and signed off as technically compliant by GMP, 100% of the fixed fee applicable to that
milestone will be payable. In the event that the supplier is late on delivery then GMP will retain 10% of
the fixed fee payable and will only release the outstanding fee upon final delivery and sign off of that
milestone by GMP.
 Throughout the delay period the supplier will provide the GMP Project Manager with a daily corrective
action / recovery plan advising GMP of the actions taken to ensure the milestone is achieved at the
earliest opportunity.
 The milestones, the percentages payable against each milestone and the acceptance criteria, will be
developed and agreed post-tender with the successful bidder. Work may not commence until the
milestones and methods for measuring and verifying them are agreed. Front loading of fees will not be
acceptable.

Tenderers must submit pricing in accordance with the above principles and variant bids will not be
accepted. Whilst certain limited areas identified above will be developed and agreed post-tender, this
will amount to development of detail in line with the above principles and the PCC will not agree to
vary the above principles in any fundamental respect. Therefore tenderers must be willing to abide by
the above principles if they are successful.
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
Tenderers shall note in compiling their response to the Resource Model (both in terms of resource and
price) that, whilst the main locations the Supplier will be working from will be GMP’s Force
Headquarters based at Central Park and any other GMP locations as part of the deployment of PSN
Requirements process as required. The Supplier will not be able to claim any additional fees or
expenses for doing so.

GMP staff will be available between 9:00 and 17:00 (and other times by agreement). It is expected
that GMP staff will accompany supplier staff on site visits.

GMP also wish to make it clear that they will provide desk space and computer/telephony equipment
and will expect the Supplier staff to utilise the technology and systems made available to them. This
will include the Supplier using GMP’s email system and SharePoint to ensure they work efficiently
within GMP and information can be stored and shared effectively.
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APPENDIX 2 TO PART 3: DAILY RATES SCHEDULE
Appendix 1 to Section 3 of this document requires you to submit a fully costed resource schedule for
completion of the work described in the Statement of Requirements, Section 4. This will constitute a fixed
price for carrying out the scope of work set out in the Statement of Requirements.
Please insert below the rates you would charge for all grades of staff should you be instructed to do further
work in addition to that described in the costed resource schedule.
Disciplines/Designate
Daily Rate
£0.00
£0.00
£0.00
£0.00
£0.00
(Table will expand as required)
(i)
(ii)
(iii)
(iv)
Price(s) quoted must be exclusive of VAT
All price(s) quoted must be fixed for the duration of the managed service
All rates must be fully inclusive of all overheads and disbursements, no additional costs whatsoever
will be considered by GMP and/or PCC.
A day comprises 8hrs exclusive of meal breaks.
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SECTION 4: STATEMENT OF REQUIREMENTS
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SECTION 4: STATEMENT OF REQUIREMENTS
3.1 INTRODUCTION
4.1.1
In the following sections, the following terminology is used:

‘Tenderer’ is used to refer to any organisation that provides a proposal in response to this Request for Proposal;

‘Supplier’ is used to refer to the organisation, if any, that is awarded the Contract to provide the required Services;

‘Services’ is used to refer to the services that are to be provided by the Supplier as specified in this Statement of Requirements.

‘Customer’ is used to refer to the Police and Commissioner for Greater Manchester
4.1.2
The PCC requires the Tenderer to respond to each requirement individually confirming compliance along with supporting evidence as part of the
detailed statement of work as described in section 4.3.35 below. All requirements stated are Mandatory.
4.1.3
Tenderers must submit a response for each work package.
4.1.4
Tenderers are advised that this project is divided into three work packages as listed below:-



Work Package 1 - Gap Analysis and Remediation Report
Work Package 2 - Remediation Plan and Health Check
Work Package 3 - PSN Submission
4.2 Background to the Public Service Network (PSN)
4.2.1
4.2.2
4.2.3
This section sets out background information on the PSN
The Public Services Network - or PSN - is a key programme for the delivery of Government ICT services.
PSN is creating one network - a so called 'network of networks' - that will result in a more cost-effective and efficient standardised ICT infrastructure.
PSN provides a secure private internet for organisations across Central Government and the Wider Public Sector, replacing hundreds of disparate
and disconnected infrastructures.
4.2.4
PSN is being implemented by individual Public Sector organisations and by 'aggregator organisations' with the mandate to implement on behalf of a
number of stakeholder partnerships.
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4.2.5
PSN's governance regime has been created to ensure there are defined responsibilities for governance of all aspects of PSN and that key processes
are defined, agreed and understood by all members of the PSN community and integrated into day-to-day management activities.
3.3 Overview:
4.3.1
GMP currently access national services such as the Police National Computer (PNC) and the Police National Database (PND) through a Police
National Network agreement (PNN3) supplied by Vodafone.
4.3.2
On 31st October 2014 the existing PNN3 service will be discontinued and Police Forces are required instead to purchase the required connectivity to
the national services such as PNC and PND through the Public Services Network (PSN). GMP have extended the service (CJX and xCJX) until
October 2015, the maximum period of extension possible. All services which use CJX and xCJX will be migrated to PSN and the PSN service
accredited before this date.
4.3.3
The purpose of this tender is to commission suppliers to assist GMP in carrying out the work to achieve the PSN accreditation within the given
timescales.
4.3.4
The following draft plan shows the major milestones. The key date is to ensure the project is completed by July 2015.
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4.4 Background
4.4.1
4.4.2
4.4.3
4.4.4
4.4.5
4.4.6
GMP currently accesses national provided services such as the Police National Computer (PNC) and the Police National Database (PND) through
the Police National Network agreement (PNN3). This is supplied by a sole provider, Vodafone.
On 31st October 2014 the existing PNN3 service will be discontinued and Police Forces are instead required to purchase the required connectivity to
the national services through the Public Services Network (PSN). The intention is that a number of suppliers will be accredited to provide PSN
connectivity ensuring competition of price and therefore value for money for organisations. GMP together with all other forces have extended the
existing service for a further 12 months to 31st October 2015.
The PSN connectivity has different levels of security so, for example, there will be a “Restricted” level of network to access PNC and a “Confidential”
level of network for PND. These different levels of access will require separate purchases.
As a Police Force, access to information systems is demanded on a 24/7 basis. This is especially true in the main operational areas such as the
Operational Control Rooms, the Custody Suites and the Hubs. The Force also needs to service the demands of the CPS and Courts systems on a
timely basis with electronic Case Files. The systems within these areas are considered critical to the safe and efficient operation of the Force, and
include Opus, GMPICS, PNC, Case and Custody systems, HOLMES and other national systems accessed over the CJX / xCJX,
Opus is an Oracle based system utilising Java for application services and GMPICS is a Tandem based system utilising a 3270 emulation for client
access.
GMP has an extensive Data Network across its entire estate. Figure 1 below shows the main nodes on the GMP Metropolitan Area Network. These
nodes are serviced 1Gigabit fibre circuits, Section Stations and similar small sites (not shown on the diagram) are connected to individual main nodes
by 10 Megabit fibre circuits. The network has a highly resilient core design with multiple interchange links, utilising common 8600 and 8310 Nortel
(Avaya) switch fabric, via a Layer 3 (OSPF) network with multiple subnets (these subnets are not firewalled off from each other).
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Figure 1 GMP Metropolitan Area Network Topology
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CORE REQUIREMENTS
Core Requirements for all Work Packages
The following requirements are common to all Work Packages. All suppliers should respond to these requirements.
ITT ID
1
GMP Requirement
Response
The target timeframe for this procurement is:

Invitation to Tender sent out to Suppliers – 1st August 2014

Tender Responses Received – 19th August 2014

Short listed supplier Presentation – 21st August 2014

Anticipated PCC Approval and notification of intention to award - 29th August
2014
Anticipated Award of Contract – 4th September 2014
2
The supplier is expected to have permanently employed CLAS consultants and must
detail how they will be utilised in carrying out the work tendered for.
3
The supplier should have extensive experience of Prince II and be willing to work to
GMP project management standards (based on Prince II) and IS standards including
maintaining;



A Project Plan (taking into account any related projects)
A Quality Management Plan.
Weekly Risk and Issue updates (which should be managed and reported
promptly to the board)
Any deviations from the agreed plan must be brought back on track and/or escalated to
the Project Board
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4
Suppliers are expected to provide information for a business case where funding is
required.
5
Suppliers are asked to comment on what GMP resources will be required (and
estimate how many days effort are required). GMP resources will include:
a.
b.
c.
d.
e.
6
IT Security Manager
Strategy and Governance Staff
Network and Application Experts
Audit and Compliance advisers
Equality and Diversity advisers
The Supplier shall provide a Project Manager (working to Prince II standards) to plan,
manage and be responsible for the delivery of the requirements.
The Project Manager must have experience of similar projects of providing
demonstrably successful project management capabilities.
7
The Supplier shall put in place a named Relationship Manager to liaise with GMP IS
branch.
GMP will nominate a business liaison Single Point Of Contact to liaise with the
Supplier.
8
The supplier must have the required capacity and expertise at their disposal to
satisfactorily deliver the requirements of Work Packages tendered for, to the agreed
milestones, in the agreed format and within the agreed total cost.
9
Tenderers should facilitate regular project review meetings, project board meetings and
stakeholder meetings.
10
The supplier shall produce weekly reports on the progress of this project, measured
against the agreed milestones.
11
The Supplier shall detail their accommodation and space requirements to GMP.
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12
13
14
All Supplier staff will be required to undertake GMP vetting and Security Vetting to
NPPV2.
Please confirm that you are willing to do this.
.GMP will enter into a phase of Due Diligence before an award of contract is confirmed
, please confirm that you will undertake ‘due diligence’ to fully understand the
requirements of this commission
The supplier will have experience of working within the PSN compliance community
having demonstrable success in helping public sector organisations towards PSN
compliance and the ability and experience to negotiate at high levels within the PSN
compliance community to ensure pragmatic and cost effective solutions are utilised.
Please provide examples of where you have done this.
15
Tenderers will have experience of working with organisations of a similar size to GMP
to achieve PSN compliance.
16
Suppliers are requested to provide a draft project plan showing key milestones for the
project (including those shown in Appendix 1 to Part 3).
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Work Package 1 - The Gap Analysis and Remediation Report Work Package
This package includes:



Reviewing GMPs current technical architecture, security and management processes and comparing this to the PSN Code of Connection (CoCo).
Negotiating with GMP and the Home Office to agree what work is necessary.
Providing a Gap Analysis Report detailing where GMP does not meet the CoCo and a remediation report detailing the agreed changes to remedy the
gaps (based on a risk assessment of the non-compliance).
Requirements for this Package
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18
The supplier should undertake an audit and compliance assessment of GMP’s technical
architecture and systems/security management procedures where they may impact PSN
accreditation. The scope of this assessment must be managed by a CLAS consultant who can
demonstrate strong links to the National Accreditors of Police Force systems within the Home
Office the Pan-Government Accreditor (PGA), the PSN Authority (PSNA) and the PSN for
policing project team (PSNP). .
Suppliers are expected to work cooperatively with other project managers and IS professionals
where projects are interrelated. It will also be necessary to work with other suppliers external to
GMP where they provide applications or services which GMP use.
The supplier should produce a Gap Analysis report and a Remediation Report detailing any
necessary remediation. These should be presented to the Project Board and other
Stakeholders.
Where remediation is not viable any loss of applications or other facilities should also be
documented together with any implications.
Remediation’s may need to be agreed with outside bodies whose PSN applications GMP
would like to use.
The Gap Analysis and remediation report must be undertaken by a CLAS consultant who can
demonstrate strong links to the National Accreditors of Police Force systems within the Home
Office the Pan-Government Accreditor (PGA), the PSN Authority (PSNA) and the PSN for
policing project team (PSNP).
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Any risks and issues related to the remediation plan must be documented, working with the
project management capability to ensure these are managed appropriately.
The remediation report must be developed within any financial and technical constraints which
the force would like to apply (subject to agreement). The supplier must consult the relevant
GMP staff about these and will be expected to negotiate with various bodies to reach
agreement on the necessary work.
The Gap Analysis and Remediation Report must be classified commercial in confidence and
may be only be provided at GMPs discretion to other bodies.
Any financial implications should be detailed as required for a Business Case to be prepared.
All the necessary remediation should be complete by the time this Work Package is signed off.
If any items are raised when making the PSN submission then the tenderer will be expected to
return to manage this process.
It is expected that the CLAS consultant will undertake any necessary negotiations within the
PSN accreditation community to ensure a remediation plan is provided that deals in a
pragmatic way with the gap between the as-is situation of the gap analysis and the
requirements of compliance.
24
OPCC: GMP PSN REQUIREMENTS
Reference:
Work Package 2 - The Remediation Plan and Health Check Work Package
This package includes:





ITT ID
19
Providing a Remediation Plan detailing the work to be carried out together with resources and dates.
Implementing and managing the plan to completion.
Defining the scope for an IT Health Check based on the provided remediation report and requirements of the CoCo.
Initiating and managing the IT Health Check.
Negotiating with GMP and the Home Office to agree what remaining work is necessary (where this was not carried out in the earlier work package).
GMP Requirement
Response
Using the Gap Analysis and Remediation Report, the supplier will establish the controls,
documentation and architecture to achieve compliance and record the details of any
agreements made in the Remediation Plan.
Implement and manage the Remediation Plan to completion.
Any risks and issues within the Remediation Plan must be documented, working with the
project management capability to ensure these are managed appropriately.
20
In conjunction with the Gap Analysis and Remediation Report, the supplier should develop
and present an agreed scope for the IT Health Check (ITHC) ensuring sufficient areas are
included to facilitate PSN accreditation.
This must include the following areas as a minimum:





External network vulnerability testing (all interactions with non-LAN services including
internet, third party support organisations, DMZ etc)
Network vulnerability testing of servers and a sample of desktop devices
Build review of firewalls
Build review of VPN, Good for Enterprise, Citrix and any remaining remote working
solutions
Build review of a sample of server and endpoint devices
The ITHC report and findings should be presented to the Project Board and other
Stakeholders.
25
OPCC: GMP PSN REQUIREMENTS
Reference:
It is expected that the ITHC will take in to consideration the outputs of any consultations
with the PSN accreditation community to ensure an ITHC remediation plan is provided that
deals in a pragmatic way with issues arising through the ITHC in order to achieve PSN
accreditation in a demonstrably cost effective manner.
21
The supplier should undertake the ITHC Penetration Test. If this is carried out by a third
party then details of the party, their involvement and experience should be detailed.
22
In conjunction with the Gap Analysis and the IT Health Check, the supplier should establish
any further controls, documentation and architecture to achieve compliance and record the
details of any agreements made to a Final Remediation Plan.
Any remaining work should be managed to completion.
Tenderers are expected to undertake any ITHC retesting required to provide assurance that
any issues that prevent PSN accreditation have been addressed.
A Final Remediation Plan should be drawn up and managed to completion.
Any risks and issues within the ITHC remediation plan must be documented, working with
the project management capability to ensure these are managed appropriately.
26
OPCC: GMP PSN REQUIREMENTS
Reference:
Work Package 3 - The PSN Submission Work Package
This package includes:


ITT ID
23
Producing and submitting the PSN application to the Home Office.
Achieving a compliant approved PSN submission.
GMP Requirement
Response
Tenderers must develop a PSN submission based on the PSN Gap Analysis, IT Health
Check and Remediation Plan.
The supplier should submit and manage the progress of the PSN application through the
accreditation process to a successful outcome.
It is expected that the CLAS consultant will undertake any necessary negotiations within the
PSN accreditation community to ensure a remediation plan is provided that deals in a
pragmatic way with the gap between the as-is situation of the gap analysis and the
requirements of compliance.
27
OPCC: GMP PSN REQUIREMENTS
Reference:
28
SECTION 5: TERMS AND CONDITIONS OF CONTRACT
29
6
General Terms and Conditions for Information Technology Contracts
INDEX
Clause No.
Title
6.1.1
6.1.2
6.1.3
6.1.4
6.1.5
6.1.6
6.1.7
6.1.8
6.1.9
6.1.10
6.1.11
6.1.12
6.1.13
6.1.14
6.1.15
6.1.16
6.1.17
6.1.18
6.1.19
6.1.20
6.1.21
6.1.22
6.1.23
6.1.24
6.1.25
6.1.26
6.1.27
6.1.28
6.1.29
6.1.30
6.1.31
6.1.32
6.1.33
6.1.34
6.1.35
6.1.36
6.1.37
6.1.38
Definitions
Headings
GMP's Tender Documents, the submission and acceptance of Tenders
Receipt and acceptance of Tenders
Revocation of offer
Canvassing
Contract to remain in force
Purchase from alternative supplier
Designated Representatives
Agency
Severability
No third party rights
Corrupt Gifts or Payments
Cartels
Assignments and subletting
Termination
Notices
Recovery of sums due
Indemnity and Insurance
Consequential Loss
Payment
Publicity
Waiver
Statutory and other regulations
Duties Rise and Fall
Expert determination
Dispute resolution
Governing Law
Racial Discrimination
The Euro
Force Majeure
Vetting of Suppliers
Confidentiality and Data Protection
Freedom of Information Act 2000
Intellectual Property Rights
Business Continuity
Transfer of Undertakings (Protection of Employment) Regulations (2006)
Equality Act 2010.
30
6.1.1
Definitions
6.1.1.1
Throughout the documentation relating to this contract the masculine shall include the
feminine and neuter, the singular shall include the plural and vice versa.
6.1.1.2
‘Acceptance Certificate’ shall also mean certificates of completion or any other
documentation as directed by the Authorised Officer.
6.1.1.3
‘Acceptance Date’ shall be the date certified by the Authorising Officer as the date when
the Equipment and Software have passed the Acceptance Tests and the Equipment and
Software have been completed in accordance with the Contract. Acceptance Certificate
shall also mean Certificates of Completion or any other document as directed by the
Authorised Officer.
6.1.1.4
‘Acceptance Tests’ shall mean the tests included in the Contract to be carried out
Authority and the Supplier to be carried out after delivery to the Premises and by the
Supplier and/or such other tests as may be agreed in writing between the before the
Acceptance Date.
6.1.1.5
‘Approved’ shall mean approved by the Authorised Officer.
6.1.1.6
‘Authorised Officer’ shall mean the person or persons duly appointed by GMP to act as
GMP’s representative for the purpose of the contract.
6.1.1.7
‘Authority’ shall mean the Greater Manchester Police Authority, any successor Authority
and any body or persons to which all or part of the functions of GMP may be lawfully
transferred.
6.1.1.8
‘Completion Date’ shall mean the date included in the Contract or where not so specified,
the date included in the Programme of Work as the date upon which the Works are to be
completed in accordance with the Contract.
6.1.1.9
‘Contract’ shall mean the agreement between GMP and the Supplier for the execution of
the Works, including therein all documents to which reference may properly be made in
order to ascertain the rights and obligations of the parties.
6.1.1.10
‘Supplier’ shall mean the person, firm or company named as such in the Contract as
responsible for carrying out the Works and shall include the Supplier's legal personal
representatives, successors and permitted assigns.
6.1.1.11
‘Contract Price’ shall mean that sum so named in the Contract together with any
additions thereto or deductions there from agreed in writing under the Contract.
6.1.1.12
‘Customer’ shall mean the GMP end user or department to whom the IT department are
delivering a service, or acting on behalf of.
6.1.1.13
‘Data Controller’ shall be the Chief Constable of Greater Manchester Police.
6.1.1.14
‘Documentation’ shall mean the manual or manuals and other documents associated
with the works supplied by the Supplier.
6.1.1.15
‘Equipment’ shall mean all materials, plant and hardware supplied by the Supplier,
including basic level machine control facilities, for inclusion in the Works.
6.1.1.16
‘Euro Compliant’ in relation to programmes and software that it will be able to:
a)
process currency data inputs in the Euro currency; and
31
b)
convert currencies of participating Member States [which adopt the Euro] from and
into Euros at the Conversion rate set by the European Council and in accordance with
any relevant mandatory requirements which are passed by the European Council from
time to time.
6.1.1.17
’Factory Tests’ shall mean the tests included in the Contract to be carried out prior to
delivery to ensure that the Equipment and Software comply with the requirements
specified.
6.1.1.18
‘Premises’ shall mean the place or places other than the Supplier's premises to which the
Equipment and Software are to be delivered or where work is to be done.
6.1.1.19
‘Programme of Work’ shall mean the timing and sequence of events agreed
between GMP and Supplier for the performance of the Contract.
6.1.1.20
‘Project’ shall mean and include the design, development, supply, delivery, testing and
implementation of software and all other works to be carried out by the Supplier under
the contract.
6.1.1.21
‘Reserved Information’ shall mean any information which is regarded as being eligible for
exemption from disclosure by GMP, under the Freedom of Information Act 2000 (the Act)
6.1.1.22
‘Service’ shall mean preventative and/or corrective maintenance and all other work to be
carried out by the Supplier in accordance with the provisions of the Contract.
6.1.1.23
‘Service Charge’ shall mean the charge specified in the contract, together with any
additions thereto or deductions there from agreed in writing under the Contract.
6.1.1.24
‘Software’ shall mean all operating systems, compilers, utilities and other programs and
associated documentation provided by the Supplier for inclusion in the Works.
6.1.1.25
‘Sub-Supplier’ shall mean any person, firm or company to whom any part of the Contract
has been sub-let in accordance with the Contract and its legal representatives,
successors and permitted assigns.
6.1.1.26
‘Specified Equipment’ shall mean the computer or computers [including operating
systems] on which the software is to function as specified in the Contract.
6.1.1.27
‘Tender’ shall include requests for quotation.
6.1.1.28
‘Tender Documents’ shall mean:

Those documents listed on the Form of Tender.
6.1.1.29
‘Tenderer’ shall mean any of those persons, firms, companies or other bodies who have
submitted or propose to submit a tender for the business specified in the Tender
Documents.
6.1.1.30
‘Works’ shall mean and include the supply, delivery, installation, testing and setting to
work of the Equipment and Software and all other work, projects and services required to
be carried out by the Supplier under the Contract.
6.1.2
Headings
6.1.2.1
The headings to Conditions shall not affect their interpretation.
6.1.3
GMP's Tender Documents, the submission and acceptance of Tenders
6.1.3.1
The submission of a tender for the supply and delivery of any Item set out in the Form of
Tender and Pricing Schedule and/or Specifications shall be made only in accordance
32
with the Tender Documents and GMP shall not be bound by any variation, addition to or
waiver of any condition contained in the Tender Documents except as shall have been
specifically agreed between GMP and the Supplier in writing and signed on behalf of
GMP by an Authorised Signatory, such agreement must be prior to the completion of the
formal Contract agreement.
6.1.3.2
Any clauses in the Supplier's own Conditions of Sale or Contract or any supplementary
Condition or letter which are at variance with GMP's Tender Documents shall be
overridden by the Tender Documents unless specifically agreed to in writing in
accordance with paragraph 6.1.3.1 above.
6.1.3.3
Tenders will only be accepted if submitted on the Form of Tender herewith.
6.1.3.4
The Form of Tender must be signed:
a)
in the case of a Partnership by a person duly authorised to sign and bind the
Tenderer or, if no person has such authority, by all Partners;
b)
in the case of a limited company and in any other case by a person duly
authorised to sign and bind the Tenderer;
and all information given in the Tender Documents to be completed by the Tenderer
must be given by a person duly authorised to sign and bind the Tenderer.
6.1.3.5
GMP shall be under no obligation to check that persons purporting to have authority to
sign and bind any Tender have such authority and GMP shall be entitled to assume that
all Forms of Tender are properly signed and that any information given in the Tender
Documents to be completed by the Tenderer is properly given and is correct.
6.1.3.6
All Tenders must be submitted to GMP in accordance with instructions contained in the
Invitation to Tender.
6.1.3.7
All Tenders will be subject to GMP's Standing Orders and will be accepted in accordance
with the said Standing Orders.
6.1.3.8
GMP does not bind itself to accept the lowest of any tender.
6.1.3.9
The Tender or any part thereof shall remain open for acceptance by GMP for a period of
three months from the closing date for submission of tenders.
6.1.4
Receipt and acceptance of Tenders
6.1.4.1
Subject to the Standing Orders of GMP no tender received after the time on the date
stated in the Tender Documents will be considered and incomplete tenders may be
rejected.
6.1.5
Revocation of Offer
6.1.5.1
The Tenderer shall not at any time after submitting a tender cause the offer thereby
made to be withdrawn or revoked.
6.1.6
Canvassing
6.1.6.1
Canvassing is prohibited and any Tenderer who is guilty of so doing will be disqualified
and apart from any other action which may be taken against him will not be allowed to
tender again to GMP for a minimum period of three years following the date of expiry of
the contract the subject of the Tender.
6.1.7
Contract to remain in force
33
6.1.7.1
This agreement shall remain in full force and effect throughout the period mentioned in
the Tender documents or any agreed extension of such period but if the Supplier
commits a breach of contract this agreement may, at the discretion of GMP, be
terminated in writing by it immediately without compensation to the Supplier and any loss
resulting from such breach shall be a debt due and owing from the Supplier to GMP and
be forthwith recoverable by action or otherwise.
6.1.8
Purchase from alternative supplier
6.1.8.1
Should the Supplier for any reason whatever fail to deliver any Item the subject of this
agreement at any time throughout the Contract Period or be otherwise in breach of or fail
to fulfill any obligation imposed upon him by virtue of this agreement GMP may in its
absolute discretion determine the same, without incurring liability, either in whole or in
part or to the extent only of such failure or breach on the part of the Supplier, and GMP
may then purchase from another source any Item required by them to make good any
failure or breach on the part of the Supplier or, in the event of this agreement being
wholly determined, any Items which but for the breach or failure of the Supplier might
otherwise have been ordered from him. In addition, the Supplier may be liable for
liquidated damages at a rate to be agreed prior to the contract.
6.1.9
Designated Representatives
6.1.9.1
GMP may, by written notice to the Supplier, appoint an Authority Representative(s) who
shall have the power to act on behalf of GMP on such matters in connection with the
Contract as shall be specified in such notice. GMP may, by further written notice or
notices to the Supplier, revoke or amend GMP of GMP Representative(s) or appoint a
new Authority Representative.
6.1.9.2
Subject to any limitations specified by GMP elsewhere in these conditions, GMP
Representative may from time to time, by written notice to the Supplier, delegate all or
any part of his/her authority to an assistant or assistants who shall be known as
‘Authority Assistant Representative(s)’. GMP Representative may, by further written
notice to the Supplier, revoke or amend the delegated authority of any Authority
Assistant Representative or appoint a new Authority Assistant Representative.
6.1.9.3
The Supplier may by written notice to GMP, appoint an Account Manager who shall have
GMP to act on behalf of the Supplier on such matters in connection with the Contract as
shall be specified in such notice.
6.1.10
Agency
6.1.10.1
The Supplier is not and shall in no circumstances hold himself out as being, the servant
or agent of GMP otherwise than in circumstances expressly permitted by these
Conditions.
6.1.10.2
The Supplier is not and shall in no circumstances hold himself out as being, authorised to
enter into any contract on behalf of GMP or in any way bind GMP in the performance,
variation, release or discharge of any obligation.
6.1.10.3
The Supplier has not and shall in no circumstances hold himself out as having the power
to make, vary, discharge or waive any by-law or regulation of any kind.
6.1.10.4
The Employees of the Supplier are not and shall not hold themselves out to be and shall
not be held out by the Supplier as being servants or agents of GMP for any purpose
whatsoever.
6.1.11
Severability
6.1.11.1
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
34
the provisions hereof shall continue in full force and effect as if the Contract had
executed with the invalid, illegal or unenforceable provision eliminated. In the event of a
holding of invalidity so fundamental as to prevent the accomplishment of the purpose of
the contract, GMP and the Supplier, shall immediately commence good faith negotiations
to remedy such invalidity.
6.1.12
No third party rights
6.1.12.1
Nothing in this Contract shall confer, nor is it intended to confer, any enforceable right on
any third party under the Contracts (Rights of Third Parties) Act 1999 except as
otherwise expressly so stated.
6.1.13
Corrupt Gifts or Payments
The Supplier shall not:
6.1.13.1
offer to give, or agree to give to any member, employee or representative of GMP, any
gift or consideration or any kind of inducement or reward for doing or refraining from
doing or for having done or refrained from doing, any act in relation to the obtaining or
execution of this or any other contract with GMP or for showing or refraining from
showing favour or disfavour to any person in relation to this Contract;
6.1.13.2
offer to sell goods or services to any member, employee or representative of GMP on the
terms specified under the Contract between GMP and the Supplier;
6.1.13.3
commit an offence under the Prevention of Corruption Acts 1889 and 1916, or to pay or
offer any fee or reward contrary to Section 117(2) of the Local Government Act 1972.
6.1.14
Cartels
6.1.14.1
The Supplier shall not be a party to a cartel, whether price-fixing, market sharing or
otherwise. If however, it becomes established that the Supplier is a party to a cartel (of
any kind) GMP will promptly report the fact (with details of the surrounding
circumstances) to the Office of Fair Trading, GMP will terminate the Agreement forthwith
and if any relevant account or accounts of the Supplier has/have already been paid in full
GMP reserves the right to seek compensation from the Supplier and, if necessary, to sue
for damages of such amount as may be advised.
6.1.15
Assignments and subletting
6.1.15.1
Neither party shall assign the Contract or any of its rights or obligations thereunder
without first having received the written approval of the other party (provided that GMP
may assign the benefit of the Contract to any of his associated or subsidiary companies
or to any leasing or financing company of his choice).
6.1.15.2
The Supplier shall not sub-Contract the Contract or any part thereof without having first
obtained the written permission of GMP provided that this restriction shall not apply to
sub-Contracts for materials or minor details or any part of the work to be performed or
materials or equipment to be supplied for which the sub-Supplier is named in the
Contract.
6.1.15.3
The Supplier shall be responsible for the acts, defaults and omissions of its subSuppliers, whether approval has been given to their appointment under this Clause or
not, as if they were his own and any consent given under this Clause shall not relieve the
Supplier of any of his obligations under the Contract.
6.1.16
Termination
6.1.16.1
If the Supplier becomes insolvent or bankrupt or has a receiving order or administration
order made against it or compounds with its creditors, or being a corporation commences
35
to be wound up (not being a member's voluntary winding up for the purposes of
reconstruction or amalgamation), or carries on its business under an administrator or
administrative receiver for the benefit of its creditors or any of them, then GMP shall have
the right forthwith by notice in writing to the Contract or to the administrator,
administrative receiver or to the liquidator or to any person in whom the Contract shall
have become vested terminate the Contract. Alternatively GMP may at his sole option
give such administrator, administrative receiver, liquidator or other person the option of
carrying out the Contract subject to its providing a guarantee for the due and faithful
performance of the Contract in such form and up to such amount as the Supplier shall
decide. In the event of the Contract being terminated under this Clause GMP shall have
the right by prior notice to the Supplier to enter that Supplier's premises for the sole
purpose of removing any item, equipment or materials which are its property and which
are clearly marked and identified as such. The exercise by GMP of its rights under this
Clause shall not prejudice any of its rights or obligations accrued prior to termination and
the provisions referred to in the Clause relating to Termination for Default as continuing
obligations shall apply.
6.1.16.2
Either party may terminate this Contract forthwith by written notice to the other effective
from the date of service of such notice if:
(a) there is a breach by the other party of any provision of the Contract which expressly
entitles the party not in breach to terminate the Contract.
(b) there is a material or persistent breach by the other party of any other term of the
Contract, which is not remediable, or if it is remediable has not been remedied within
30 days of the service of written notice to the defaulting party specifying the breach
and requiring it to be remedied.
6.1.16.3
On termination other than for the default of the Supplier GMP shall pay to the Supplier
the proportion of the Contract Price payable in respect of the materials supplied and/or
services performed by the Supplier up to the date of termination together with the costs
of the commitments already entered into by the Supplier at the date of termination of the
Contract less the amount of any payments already made to the Supplier up to the date of
termination. If the amount of payments already made to the Supplier at the date of
termination exceeds the sum due to the Supplier under this sub-Clause then the Supplier
shall repay the balance due to GMP. Any such payment shall be in full satisfaction of the
Supplier's rights to payment, compensation or damages in respect of the termination or
the breach of Contract giving rise to the right of termination.
6.1.16.4
On payment of the sum due under sub-Clause 6.1.16.3 above the Supplier shall transfer
to GMP the benefit of all work done and the property in all materials (including without
limitation the Equipment) supplied by the Supplier or his sub-Suppliers or sub-suppliers
in the performance of the Contract up to the date of termination which benefit shall
include any rights in any licensed or developed software and licensed firmware so far as
the rights in the same have already accrued to GMP under the Contract or will do so on
the payment under sub-Clause 6.1.16.3.
6.1.16.5
If the Contract is terminated by reason of the default of the Supplier GMP shall be
entitled to the like benefits and ownership of materials as are stated in sub-Clause
6.1.16.4 above. GMP shall only pay to the Supplier the proportion of the Contract Price
payable in respect of the work done and /or services performed by the Supplier up to the
date of termination after deduction of payments already made to the Supplier, the costs
reasonably incurred by GMP in obtaining the completion of the work to be performed
under the Contract by others and any damages which may be payable by the Supplier in
respect of the termination or the breach of the Contract giving rise to the right to
termination. If the amount due to the Supplier is less than the amount which GMP is
entitled to deduct then the Supplier shall pay the balance to GMP.
36
6.1.16.6
Following the termination of the Contract neither party shall have any further rights or
obligations in relation to the other party other than those stated in this Clause and in the
Clauses listed in sub-Clause 6.1.16.7 below which shall continue in full effect. Subject to
sub- Clause 6.1.16.3 above termination shall not however affect the rights of action and
remedy of the parties which shall have accrued at the date of termination or shall
thereafter accrue.
6.1.16.7
The clauses below shall survive termination of this Agreement from any cause:








Confidentiality
Publicity
Waiver
Infringement Indemnity
Governing Law and Jurisdiction
Intellectual property rights
Property in materials
Conditions and warranties relating to the goods supplied and/or services
provided under the Contract.
6.1.16.8
The exercise of rights under this Clause shall not prejudice any existing rights or
obligations of either party.
6.1.17
Notices
6.1.17.1
Any notice or other communication which either party is required by the Contract to serve
on the other party shall be sufficiently served if sent to the other party at its address as
specified in the Contract either
(a) by hand
(b) by registered or first class post or recorded delivery or
(c) by facsimile or electronic mail transmission confirmed by registered, first class post or
recorded delivery within 24 hours of transmission.
6.1.17.2
Notices are deemed to have been served as follows: delivered by hand; on the day when
they are actually received, sent by post or recorded delivery; two working days after
posting, sent by facsimile or electronic mail; on the day of transmission if transmitted
before 16.00 hours on the working day, but otherwise 09.00 hours on the following
working day, provided in each case that the required confirmation is sent.
6.1.18
Recovery of sums due
6.1.18.1
Whenever under the Contract any sum of money shall be recoverable from or payable by
the Supplier, the same may be deducted from any sum then due or which at any time
thereafter may become due to the Supplier under this or any other contract with GMP.
6.1.18.2
Exercise by GMP of his rights under this Clause shall be without prejudice to any other
rights or remedies available to GMP under the Contract.
6.1.19
Indemnities and Insurance
6.1.19.1
The Supplier shall indemnify and keep indemnified GMP, its servants and agents against
injury [including death] to any persons or loss of or damage to any property which may
arise out of the act, default or negligence of the Supplier, a subSupplier, their employees
or agents in consequence of the Supplier’s obligations under the contract and against all
claims, demands, proceedings, damages, costs, charges and expenses whatsoever in
respect thereof or in relation thereto.
37
6.1.19.2
Without thereby limiting their responsibilities under sub-clause 6.1.19.1, the Supplier
shall insure with a reputable insurance company against all loss of or damage to property
and injury to persons [including death] arising out of or in consequence of its obligations
under the contract and against all actions, claims, demands, costs and expenses in
respect thereof.
6.1.19.3
Except in respect of personal injury and death to a person due to negligence for which no
limit applies, the liability of the parties under this Agreement shall not exceed the sum of
£10,000,000 in respect of any event or series of connected events, the number of
unconnected events being unlimited in total.
6.1.19.4
The Supplier shall insure until the acceptance date with a reputable insurance company
the equipment and software [including associated documentation] for all risks of physical
loss or damage for a value equal to the replacement costs of the equipment and software
and associated documentation.
6.1.19.5
If requested, documentary evidence of the existence of such policies shall be provided
by the Supplier to GMP.
6.1.20
Consequential Loss
6.1.20.1
Save as expressly stated elsewhere in the Contract and except as regards liability for
death or personal injury caused by its negligence, neither party shall be liable to the
other for consequential loss or damage, loss of revenue, opportunity or contract or
goodwill.
6.1.21
Payment
6.1.21.1
The Supplier shall be entitled to invoice GMP at the times and in the manner specified in
the Contract. Provided that the invoice was one, which under the Contract the Supplier
was entitled to submit, GMP shall pay the Supplier within the period of days specified in
the Contract from the date of receipt of invoice, and in the default of such specification 30
days from the date of invoice, subject to any right of deduction which GMP may have by
way of setoff or abatement. If GMP does make any deduction he shall notify the Supplier
in writing with reasons.
6.1.22
Publicity
6.1.22.1
Neither party shall without the written consent of the other (the giving of which consent
shall be at the sole discretion of that party) advertise, publicly announce or provide to any
other person information relating to the existence or details of the Contract or use the
other party's name in any format for any promotion, publicity, marketing or advertising
purpose.
6.1.23
Waiver
6.1.23.1
Any failure by GMP to insist at any time upon the performance of any of the terms,
provisions or undertakings of the Supplier contained in the Contract or to exercise any
rights there under shall not constitute or be construed as a waiver thereof or a
relinquishment of the Customer's rights to require the future performance of any such
term, provision or undertaking but the obligation of the Supplier with regard to the same
shall continue in full force and effect.
6.1.24
Statutory and other regulations
6.1.24.1
The Supplier shall in all matters relating to the performance of the Contract comply with
all Acts of Parliament and with all orders, regulations and bye-laws made with statutory
authority by Government Departments or by local or other authorities. The Supplier shall
also observe through his staff and work people any rules applicable to the Premises
where the Works are carried out. GMP shall on request afford all reasonable assistance
38
to the Supplier in obtaining information as to local conditions. The Supplier shall not in
the performance of the Contract in any manner endanger the safety or unlawfully
interfere with the convenience of the public. The cost to the Supplier in meeting the
requirements of this Sub-Clause shall be included in the Contract Price, except as
provided under Sub-Clause 6.1.24.3.
6.1.24.2
The Supplier shall give GMP such prior written notice as GMP may require of the
delivery under the Contract of any goods having a toxic hazard or other hazard to the
safety or health of persons or property, identifying those hazards and giving full details of
any precautions to be taken by the Customer on the delivery of such goods and their
subsequent storage or handling.
6.1.24.3
In the event that either party incurs costs to which he would not otherwise be liable due
to the other party's failure to comply with any law or any order, regulation or bye-law
having the force of law, the amount of such costs shall be reimbursed by the other party.
6.1.24.4
The Supplier undertakes that he and his employees, agents and sub-Suppliers will at all
times comply with all health and safety requirements relating to the carrying out of the
work under the Contract. Such requirements include in addition to statutory laws and
regulations any codes of practice and British Standards or their equivalent relating to
Health or Safety which may be applicable to the performance of the Contract. In the
performance of the Contract the Supplier shall conform to all relevant environmental
standards, guidelines and Codes of Practice and shall take all practical steps in the
design of the work to be performed under the Contract to minimise any risk to the
environment.
6.1.25
Duties rise and fall
6.1.25.1
As regards any works included in the Contract, or any component part or ingredient of
such works, which may be or become subject to the payment of duty, any new duty, or
an increase or decrease in duty existing at the date of the Tender payable in respect of
such goods supplied under the Contract, or in respect of any component part or
ingredient thereof, shall, in the case of a new duty or increased duty, be allowed to the
Supplier subject to written agreement of GMP and, in the case of a decreased duty, be
allowed to GMP.
6.1.26
Expert determination
Where under the Contract any issue is to be determined by an Expert then:
(a)
either party may give 7 days' notice in writing to the other requiring expert
determination by an Expert to be agreed between the parties or nominated as
referred to below
(b)
within 14 days of the receipt of such notice the parties shall have agreed on the
choice of an Expert or in default of agreement the Expert shall be nominated by
the President for the time being of the British Computer Society on the
application of either party
(c)
the Expert shall act in accordance with such procedure as the Expert may in his
sole discretion decide provided that he shall act impartially as between the
parties
(d)
the Expert shall reach a decision within 56 days of his appointment, which
decision shall except in the case of fraud be final and binding on the parties
(e)
the Expert shall sit as an expert and not as an arbitrator.
39
The Expert shall not be liable for anything done or omitted to be done in the discharge or
purported discharge of his duties as an Expert unless the act or omission was done in
bad faith.
6.1.27
Dispute resolution
6.1.27.1
If any dispute or difference whatsoever shall arise between the parties in connection with
or arising out of the Contract, except any matter which under the Contract is to be
referred to Expert Determination, either party may give the other 7 days notice to resolve
the dispute or difference through Alternative Dispute Resolution (ADR) in accordance
with the mediation procedure of the Centre for Dispute Resolution. If the parties fail to
agree terms of settlement of their dispute or difference within 56 days of the receipt of
such notice or the party to whom the notice was given refuses to participate in the ADR
procedure then the matter shall be litigated, without prejudice to either party's right at any
time to obtain immediate interim court relief.
6.1.28
Governing Law
6.1.28.1
These Conditions shall be governed by and construed in accordance with English law
and the Supplier hereby irrevocably submits to the jurisdiction of the English courts. The
submission to such jurisdiction shall not (and shall not be construed so as to) limit the
right of GMP to take proceedings against the Supplier in any other court of competent
jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude
the taking of proceedings in any other jurisdiction, whether concurrently or not.
6.1.29
Racial Discrimination
6.1.29.1
The Supplier shall not unlawfully discriminate within the meaning and scope of the
provisions of the Race Relations Act 1976 As amended by the Race Relations
(Amendment) Act 2000 or any statutory modification or re-enactment thereof relating to
discrimination in employment. The Supplier shall take all reasonable steps to secure the
observance of these provisions by all servants, employees or agents of the Supplier and
all sub-Suppliers employed in the execution of the Contract.
6.1.30
The Euro
6.1.30.1
All payments will be made in Pounds Sterling, unless agreed prior to the contract being
awarded. However, GMP reserves the right to pay in Euros should they so wish at a
future date.
6.1.31
Force Majeure
6.1.31.1
For the purpose of the Contract the term Force Majeure shall mean:
(a) war and other hostilities including terrorist activities, (whether war be declared or not)
invasion, act of foreign enemies, mobilisation, requisition or embargo
(b)
rebellion, revolution, insurrection, military or usurped power or civil war
(c) riot, commotion or disorder except where solely restricted to employees of the
Supplier or its sub-Suppliers or sub-suppliers
(d) earthquake, flood, fire or other natural physical disasters except to the extent that any
such disaster is caused by, or its effects contributed to by, the party claiming force
majeure.
6.1.31.2
Force majeure shall not include a general industrial dispute or failure by approved subSuppliers.
40
6.1.31.3
If either party considers that any circumstance of Force Majeure has occurred which may
affect materially the performance of its obligations then he shall forthwith notify the other
in writing to that effect giving full details of the circumstances giving rise to the Force
Majeure event.
6.1.31.4
Neither party shall be considered to be in default of its obligations under the Contract to
the extent that it can establish that the performance of such obligations is prevented by
any circumstance of Force Majeure which arises after the date of the Contract and which
was not foreseeable at the date of the Contract.
6.1.31.5
If the performance of the obligations of either party under the Contract is so prevented by
circumstances of Force Majeure and shall continue to be so prevented for a period of
less than 30 days then during that period the Contract shall be considered as
suspended. Upon the ending of the Force Majeure event the Contractual obligations of
the parties shall be reinstated with such reasonable modifications to take account of the
consequences of the Force Majeure event as may be agreed between the parties or, in
default of such agreement, as may be determined by an Expert appointed under this
Agreement. Notwithstanding such suspension the Supplier shall use his reasonable
endeavours to assist GMP in the performance of the Contract.
6.1.31.6
If performance of the obligations of either party under the Contract is so prevented by
circumstances of Force Majeure and shall continue to be so prevented for a period in
excess of 30 days then the Contract shall be terminated by mutual consent and, subject
to sub-Clause 6.1.31.6 below neither party shall be liable to the other as a result of such
termination.
6.1.31.7
If the Contract is so terminated then subject to the transfer to GMP of the benefit referred
to in sub-Clause 6.1.31.7 below GMP shall pay to the Supplier such reasonable sum as
may be agreed between the parties or in default of agreement as may be determined by
Expert Determination in accordance with this Agreement in respect of costs incurred and
commitments already entered into by the Supplier at the date of the Force Majeure
notice, less the amount of any payments already made to the Supplier at the date of the
Force Majeure notice. If the amount of such advance payments made to the Supplier
exceeds the sum due to the Supplier under this sub-Clause then the Supplier shall repay
the balance to GMP.
6.1.31.8
The Supplier shall transfer to GMP the benefit of all work done by him or his approved
sub-Suppliers if any and sub-suppliers in the performance of the Contract up to the date
of the Force Majeure notice, and if applicable it shall include the rights in any licensed
and developed software and licensed firmware so far as the rights in the same have
accrued to the Supplier prior to the Force Majeure notice or will do so on the payment
under sub-Clause 6.1.31.6 above.
6.1.32
Vetting of Contractors and Suppliers
6.1.32.1
The sensitivity, confidentiality and security of information relating to the service provided
must be guaranteed by the Supplier via a written undertaking that no member of the
Supplier’s staff shall divulge such information.
6.1.32.2
The Supplier and any Sub-Supplier must ensure that the details required by GMP for all
staff who may be involved in the provision of service are provided in order to enable
GMP to undertake security clearance. The details must be supplied at the start of the
Contract and the Supplier must allow sufficient time for the vetting process before the
Supplier staff can commence work for GMP. Up to 28 days, after the receipt of correctly
completed forms by the vetting department, must be allowed for the vetting process.
6.1.32.3
Failure to take account of clause 6.1.32.2 will constitute a delay by the Supplier.
41
6.1.32.4
The Supplier must accept that GMP reserves the right to decline security clearance for
any such member of staff without providing a reason. No member of staff will be allowed
to visit GMP’s premises unaccompanied without the required security clearance.
6.1.32.5
The Supplier must ensure that its list of security cleared personnel is constantly kept upto-date.
6.1.32.6
The Supplier must provide GMP’s internal and external auditors or other agents
authorised by GMP, with access to the data files and facilities relating to the service
provided. Such access must extend to any information or records [magnetic or
otherwise] belonging to the Supplier which relate to the operation and provision of the
service.
6.1.32.7
Depending upon the sensitivity of the contract and the required access to GMP’s assets,
the Supplier, its personnel and any sub-Suppliers or agents may require in depth vetting,
which may include examination of personal finance. Contracts that involve any issues in
respect of National Security will also require that Suppliers, it’s personnel, sub-Suppliers
and agencies have been resident in the UK for at least three (3) years prior to the
intended start date of the contract.
6.1.33
Confidentiality and Data Protection
6.1.33.1
Each party shall treat the Contract and any information it may have obtained or received
in relation thereto or arising out of or in connection with the performance of the Contract
or its negotiation or relating to the business or affairs of the other as private and
confidential and neither party shall publish or disclose the same or any particulars thereof
without the prior written consent of the other or as may be permitted under the later
provision of this Clause.
6.1.33.2
The obligations expressed in sub-Clause 6.1.33.1 above shall not apply to any
information which:
(a) is or subsequently comes into the public domain otherwise than by breach of this
Clause;
(b) is already in the possession of the receiving party without an accompanying obligation
of confidentiality;
(c)
is obtained from a third party who is free to divulge the same;
(d) is independently and lawfully developed by the recipient or its sub-Supplier outside
the scope of the Contract.
6.1.33.3
So far as it may be necessary for the performance of the Contract or for the operation
and maintenance of the subject matter of the Contract each party may divulge any
information to be kept confidential under sub-Clause 6.1.33.1 of this Clause to their
employees, agents and approved sub-Suppliers, whom have signed an ‘Undertaking of
Confidentiality’ and been subjected to background enquires by GMP’s Force Vetting Unit
where necessary (as per sub-clause 6.1.33.5), on a “need to know” basis but undertake
that they will ensure compliance by such employees, agents, and sub-Suppliers with the
obligations as to confidentiality expressed in this Clause and will be responsible to the
other party for any failure by any employee, agent or sub-Supplier to comply with such
obligations whether such employee, agent or sub-Supplier was aware of them or not.
6.1.33.4
Both parties shall ensure that they, their employees, agents and sub-Suppliers shall
observe the requirements of the Data Protection Act 1998 and any amendments or
revisions thereto in the provision and use of the subject matter of the Contract and shall
comply with any request made or direction given to the other which is directly due to the
requirements of such Act.
42
6.1.33.5
Where the Contract involves the processing of personal or sensitive personal data (as
defined by the Data Protection Act 1998), the Supplier may be required to sign a Data
Processing Agreement within which the terms and conditions of processing and security
requirements to be implemented will be stipulated. In addition to this, all employees of
the Supplier to whom personal or sensitive personal data or sensitive information of any
nature is divulged pursuant to this Contract may be required to sign an Undertaking of
Confidentiality and may be required to give consent to background enquiries in
accordance with GMP’s Force Vetting policy. The requirement for a Data Processing
Agreement, Undertaking of Confidentiality and background enquiries will be as directed
by GMP whom is the Data Controller (as defined by the Data Protection Act 1998).
6.1.33.6
All information or data obtained from GMP by the Supplier will be destroyed securely or
returned as soon as practicable once it is no longer required for the performance of the
Contract. The Supplier will provide a written declaration that this has been done.
6.1.33.7
The Data Controller and Supplier will ensure arrangements for the transfer and storage
of data are accompanied by appropriate security measures to ensure compliance with
the ‘seventh data principle’ of the Data Protection Act 1998. The Data Controller will
satisfy himself that the Supplier is taking reasonable steps to ensure compliance with the
seventh principle.
6.1.33.8
In entering into this agreement the parties will have reference to the ACPO ‘Information
Systems : Community Security Policy [April 1999]’, and in particular both parties should
take steps to avoid any breaches of security outlined in this policy.
The Supplier must comply with the detailed requirements of the following documents
which will be made available to the Supplier at the start of the contract if required prior to
this date are available upon request.
Security Requirements
Password Procedure
Breaches or Suspected Breaches of Security
ACPO Information Systems : Community Security Policy April 1999
6.1.33.9
The Supplier undertakes to ensure that he and his employers, associates, servants,
agents and subSuppliers abide by the provisions of the Official Secrets Acts 1991 to
1989 and Section 182 of the Finance Act 1989.
6.1.33.10
The provisions of this Clause shall continue in perpetuity.
6.1.34
Freedom of Information Act 2000
6.1.34.1
The Supplier shall provide all reasonable assistance to enable GMP to comply with any
request received under the Freedom of Information Act (FOIA), when it becomes
applicable to Police Authorities and the guidance contained in the code of Practice
issued under Section 45 of the Act.
6.1.34.2
In the event that any request made under the FOIA relates to the Supplier, the services,
the contract price or any other matter which falls under the auspices of this agreement,
GMP shall consult with the Supplier prior to disclosure.
6.1.34.3
The guiding principle of GMP will be that all information should be disclosed except
where GMP can demonstrate good reason not to disclose. If the Supplier wishes to
reserve any information from disclosure under the Act he must put forward any
information or classes of information which it is wished to have (reserved information)
reserved and the grounds of the exemption which relate to the information which may be
one of more of the following:
43
(a)
That the information constitutes a trade secret and is eligible for exemption under
section 43(1) of the Act.
(b)
That the disclosure of the information would prejudice the commercial interest of
any person section 43(2) of the Act.
(c)
That the information will be disclosed by the Supplier to GMP and that the nature
of the information, or the circumstances in which it is imparted or the
circumstances are otherwise such as to justify the acceptance by GMP of an
obligation of confidence in respect of it section 41(1) of the Act.
(d)
That the information is personal data or otherwise relates to the private life of an
individual which is appropriate for protection section 40 of the Act.
(e)
Any other specific exemption under the Act.
6.1.34.4
In relation to all other information GMP shall have an absolute discretion to determine the
question of disclosure having consulted with the Supplier in accordance with clause
'6.1.34.2’ above.
6.1.34.5
The Supplier shall indemnify GMP and hold it harmless from and against all liability,
costs, claims, actions, losses, damages and expenses whatsoever arising directly or
indirectly as a result on any decision by the Information Commissioner that information
classed by the Supplier as confidential should be disclosed under the Freedom of
Information Act 2000.
6.1.34.6
GMP will not enter into contractual terms which purport to restrict the disclosure of
information held by GMP and relating to the contract and will look to reject confidentiality
clauses relating to the terms, value and performance wherever possible.
6.1.34.7
Any request received by the Supplier or third party for disclosure of information owned by
GMP, such information may include matters relating to, or arising out of the performance
of the Agreement, should, without delay, be forwarded to GMP to be dealt with in order to
comply with its obligations and legal duties under the FOIA, within the requisite period
(20 working days), and the Supplier or third party should assist GMP in responding to the
access request.
6.1.35
Intellectual Property Rights
6.1.35.1
The Supplier shall fully indemnify and hold GMP harmless against all actions, claims,
demands, proceedings, damages, costs, charges and expenses arising from or incurred
by reason of any infringement or alleged infringement of any patent, unregistered or
registered design right, trademark or copyright by the use or possession of the
Equipment, Software and documentation supplied by the Supplier under the Contract,
subject to the following:-
(a) GMP shall promptly notify the Supplier in writing of any alleged infringement of which
he has notice;
(b)
GMP must make no admissions without the Suppliers consent;
(c) GMP, at the Suppliers request and expense shall allow the Supplier to conduct and/or
settle all negotiations and litigation and give the Supplier all reasonable assistance.
The costs incurred or recovered in such negotiations or litigation shall be for the
Suppliers account.
6.1.35.2
If at any time any allegation of infringement of any patent, registered design copyright is
made in respect of the Equipment and Software or in the Suppliers reasonable opinion is
likely to be made, the Supplier may at his own expense modify or replace the Equipment
44
and Software, without detracting from overall performance, the Supplier making good to
GMP any loss of use during modification or replacement, so as to avoid infringement.
The provisions of clause 6.2.8 shall take effect as if GMP had required a variation, save
that the Supplier shall not be entitled to request any increase to the Contract Price.
6.1.36
Business Continuity
6.1.36.1
The Civil Contingencies Act 2004, places a statutory duty on the Police to have a
Business Continuity Management (BCM) in place to ensure continued service delivery of
essential services. BCM is also a regulatory requirement for compliance with the
Association of Chief Police Officers (ACPO) Community Security Policy and an integral
part of the Force’s risk management framework
6.1.36.2
All business activity may become subject to disruptions, such as technology failure,
flooding, utility disruption and terrorism. BCM provides the capability to adequately react
to operational disruptions, while protecting the welfare and safety of staff.
6.1.36.3
It is incumbent upon the Supplier to provide all information requested by GMP in respect
of Business Continuity and the goods / services that are the subject of the contract.
6.1.37
Transfer of Undertakings (Protection of Employment) Regulations (2006)
6.1.37.1
The Parties recognise that should the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (TUPE) apply in respect of the award of the Contract,
and that for the purposes of those Regulations, the undertaking concerned (or any
relevant part of the undertaking) shall transfer to the Supplier on commencement of the
Contract.
6.1.37.2
During the period of three months preceding the expiry of the Contract or after the Client
has given notice to terminate the Contract, or the Supplier stops trading, and within 20
working days of being so requested by the Client, the Supplier shall fully and accurately
disclose to the Client for the purposes of TUPE all information relating to its employees
engaged in providing Services under the Contract in particular, but not necessarily
restricted to the following:
(a) the total number of personnel whose employment with the Supplier 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, 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 pension entitlements, if any.
6.1.37.3
The Supplier shall permit the Client to use the information for the purposes of TUPE and
of re-tendering. The Supplier will co-operate with the re-tendering of the contract by
allowing the transferee to communicate with and meet affected employees and / or their
representatives.
6.1.37.4
The Supplier agrees to indemnify the Client 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, 6.1.37.
45
6.1.37.5
In the event that the information provided by the Supplier in accordance with the above
becomes inaccurate, whether due to changes to the employment and personnel details
of affected employees made subsequent to the original provision of such information or
by reason of the Supplier becoming aware that the information originally given was
inaccurate, the Supplier shall notify the Client of the inaccuracies and provide the
amended information.
6.1.37.6
The provisions of this Condition shall apply during the continuance of this Contract and
indefinitely after its termination.
6.1.38
Equality Act 2010
6.1.38.1
The Supplier shall provide all reasonable assistance to enable GMP to comply with the
Public Sector Equality Duty under Section 149 of the Equality Act 2010.
6.1.38.2
The Supplier, their employees and agents must not discriminate unlawfully in
employment on all protected grounds under the Equality Act 2010 and take all
reasonable steps to prevent such discrimination by any Sub Contractor.
7
SPECIAL CONDITIONS FOR THE PROVISION OF SERVICES
7.1
Contractor to Inform Himself Fully
7.1.1.1
The Contractor shall be deemed to have examined the Premises, the requirements specified
and these Conditions of Contract. No claim from the Contractor for additional payment will
be allowed on the grounds of the Contractor's misinterpretation of any matter relating to the
Premises, or of any misinterpretation of the requirements specified or of any
misunderstanding of these conditions of Contract (general or specific) which the Contractor
could reasonably have satisfied himself by a visit to the Premises, reference to the
Authorised Officer or such other means as may be appropriate.
7.1.1.2
Visits to inspect the premises must be by prior arrangement with the Authorised Officer.
7.1.2
Failure to remedy deficiency
Should the Contractor fail to remedy any deficiency in the fulfilment of his contractual
obligations, about which notice has been given to him, within the reasonable period, the
Commissioner shall be empowered to take such steps as it in its absolute discretion
considers necessary so as to rectify the position to the satisfaction of itself and recover any
costs thereby incurred from the Contractor.
7.1.3
Fees and Expenses
7.1.3.1
Fees tendered/quoted are to be fully inclusive of all disbursements, general and office
overheads. No additional costs will be considered by the Commissioner.
7.1.3.2
VAT, where applicable, shall be shown separately on all invoices as a strictly net extra
charge.
7.1.4
Equipment
7.1.4.1
The Contractor shall provide all the equipment necessary for the provision of the Services.
7.1.4.2
The Contractor shall make no delivery of Equipment nor commence any work on the
Authorities Premises without obtaining the Authorised Officer’s prior approval.
7.1.4.3
All equipment brought onto the Authorities Premises shall be at the Contractor’s own risk.
The Contractor shall provide for the haulage or carriage thereof to the premises and the
46
removal of equipment when no longer required at its sole cost. The Contractor shall ensure
that the Authorities Premises are appropriate to contain and operate the Equipment.
7.1.4.4
The Contractor shall maintain all items of equipment within the Authorities Premises in a
safe, serviceable and clean condition.
7.1.4.5
All equipment shall be at the risk of the Contractor and the Commissioner shall no liability for
any loss of or damage to any equipment unless the Contractor is able to demonstrate that
such loss or damage was caused or contributed to by the negligence or default of the
Commissioner.
7.1.4.6
The Commissioner may at its option purchase any item of equipment from the Contractor at
any time, if the Commissioner considers that the item is likely to be required in the provision
of the Services following the expiry or termination of the contract. The purchase price to be
paid by the Commissioner shall be the fair market value.
7.1.4.7
The Commissioner shall have the power at any time during the progress of the services to
order in writing:
(a)
The removal from the Authorities Premises of any equipment which in the opinion of
the Commissioner are either hazardous, noxious or not in accordance with the
Contract; and/or
(b)
The substitution or proper and suitable materials, plant, equipment; and/or
(c)
The removal and proper re-execution notwithstanding any previous test thereof or
interim payment therefore of any work which, in respect of material or workmanship,
is not in the opinion of the Authorised Officer in accordance with the Contract.
7.1.4.8
On completion of the Services the Contractor shall remove the equipment and unused
materials and shall clear away from the Authorities Premises all rubbish arising out of the
Services, make good any damage caused to the Authorities Premises by the removal of the
equipment and leave the Authorities Premises in a neat and tidy condition.
7.1.5
Liquidated Damages
7.1.5.1
Where the contractor has failed to supply services within the response time stated then the
ordering Commissioner will be at liberty to deduct liquidated damages from payments due to
the contractor.
7.1.5.2
Damages will be in the sum of 10% of the value of the late delivery of services per week.
This will be calculated pro rata for periods of less than, or more than, one week.
7.1.5.3
The ordering Authority shall have the right to deduct the appropriate amount from the
amount owed to the contractor/invoice received. Contracts completed late may result in no
further work being given to the contractor.
7.1.6
Health and Safety
7.1.6.1
Commissioner recognises that contract work on GMP premises remains part of
Commissioner undertaking. The duties to ensure that work is carried out in a safe manner
cannot be totally delegated to the contractor. In the spirit of co-operation and partnership,
GMP will endeavour to work with the contractor to ensure the highest standards of health
and safety at all times.
7.1.6.2
Commissioner will require that the contractor takes all reasonable steps to carry out the
work safely. The Health and Safety Policy, Risk Assessments and, where necessary,
Method Statements must be supplied and complied with in all respects. The contractor
must be fully aware of, and comply with, all Health and Safety legislation and best practice
47
applicable to the work being undertaken. The contractor will take steps to monitor Health
and Safety compliance, and will promptly act to correct shortcomings in organisation or
arrangements. Participating Authorities may issue guidelines to contractors, which they
would be expected to observe.
7.1.6.3
It is essential that Risk Assessments and Method Statements are available not only for the
initial contract bid purposes, but are also developed and applied on all future work on GMP
premises. To this end, tenderers are required to submit a generic Risk Assessment/Method
Statement, together with one site-specific Risk Assessment/Method Statement with this
tender submission. Contractors who are subsequently awarded Framework status will be
required to provide a site-specific Risk Assessment/Method Statement which they are
invited to bid for.
7.1.7
Environmental Requirements
The Contractor shall, when working on the Authorities Premises, perform the contract in
accordance with the Authorities environmental policy, which is to conserve energy, water,
wood, paper and other resources, reduce waste and phase out the use of ozone depleting
substances and minimise the release of greenhouse gases, volatile organic compounds and
other substances damaging to health and the environment.
7.1.8
Transfer of Undertakings (Protection of Employment) Regulations (2006)
7.1.8.1
The Parties recognise that should the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (TUPE) apply in respect of the award of the Contract, and that for the
purposes of those Regulations, the undertaking concerned (or any relevant part of the
undertaking) shall transfer to the Contractor on commencement of the Contract.
7.1.8.2
During the period of three months preceding the expiry of the Contract or after the Client has
given notice to terminate the Contract, or the Contractor stops trading, and within 20 working
days of being so requested by the Client, the Contractor shall fully and accurately disclose
to the Client for the purposes of TUPE all information relating to its employees engaged in
providing Services under the Contract in particular, but not necessarily restricted to the
following:
(e)
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
(f)
for each person, age and gender, details of their salary, 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
(g)
information about the other terms and conditions on which the affected staff are
employed, or about where that information can be found; and
(h)
details of pension entitlements, if any.
7.1.8.3
The Contractor shall permit the Client 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 affected employees and / or their
representatives.
7.1.8.4
The Contractor agrees to indemnify the Client 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, 7.3.8.
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7.1.8.5
In the event that the information provided by the Contractor in accordance with the above
becomes inaccurate, whether due to changes to the employment and personnel details of
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 Client of the inaccuracies and provide the
amended information.
7.1.8.6
The provisions of this Condition shall apply during the continuance of this Contract and
indefinitely after its termination.
7.1.9
Contract Completion
Towards the end of the contract the Contractor must provide all and any Management
Information requested by the Commissioner for re-tendering purposes.
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SECTION 6: COMPANY INFORMATION QUESTIONNAIRE
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OPCC: GMP PSN REQUIREMENTS
Reference: 0410
SECTION 6: COMPANY INFORMATION QUESTIONNAIRE
ORGANISATION INFORMATION (Mandatory response required)
Question
6.1
6.2
6.3
6.4
6.5
Full name of organisation tendering (or of the organisation acting as lead contact where a
consortium bid is being submitted)
Trading name of organisation (if different from above).
Registered address & company registration number of organisation or address of principal
office in organisation.
Phone number.
E-Mail address.
6.6
Address and phone number of office from where business would be conducted in support
of this contract, or where purchase orders should be sent, if different from above.
6.7
Full names and (organisation) addresses of all directors/organisation
secretary/partners/associates/members or proprietor indicating who should be contacted
in case of difficulties with this contract.
6.8
Are any of the persons named in 6.7 above related to anybody employed by the PCC or a
member of the PCC or Police Officer? If yes, please give details.
6.9
Have any of the persons named in 6.7 above been employed by the PCC or been a
member of the PCC or Police Officer. If yes, please give details.
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SECTION 7: TENDER EVALUATION
52
OPCC: GMP PSN REQUIREMENTS
Reference: 0410
SECTION 7: TENDER EVALUATION
7.1. Compliant tenders received will be evaluated on the basis of the most economically
advantageous tender on the basis of 60 % Technical Solution, 15% Service Delivery and
25% Commercial.
7.2. Technical (60%)
7.2.1.Technical will be evaluated in accordance with the following criteria and weightings
(within the 60% Technical weighting):
7.2.1.1.
Statement of Work:
60%
7.2.2.The Technical criteria will be scored in accordance with the following model:
Description
Fails completely to meet the requirement or no evidence
provided.
Poor response:
 demonstrates a very limited understanding of and/or
fulfilment of the requirement
 fails to address and/or satisfactorily evidence
compliance to numerous requirements
 Serious risk of significant delay to timescales, or ability
to meet timescales not shown
 Resourcing model inadequate in major respects/many
assumptions unrealistic
Score
0
Marginal response:
 demonstrates a basic understanding of and/or fulfilment
of the requirement
 fails to address and/or satisfactorily evidence
compliance to some requirements
 Significant risk of significant delay to timescales
 Resourcing model inadequate in some respects/some
assumptions unrealistic
4
Acceptable response:
 demonstrates an acceptable understanding of and/or
fulfilment of the requirement with some minor
deficiencies
 addresses and provides satisfactory evidence of
compliance all requirements
 Reasonable level of confidence regarding the
Tenderer’s capability/commitment to undertake the
work
 Timescales likely to be met with some risk of minor
delay
 Resourcing model largely acceptable with some
reservations, assumptions largely realistic
6
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2
OPCC: GMP PSN REQUIREMENTS
Reference: 0410
Good response:
 demonstrates a substantial understanding of and/or
fulfilment of the requirement
 addresses and provides good quality evidence of
compliance with each requirement
 Good level of confidence regarding the Tenderer’s
capability/commitment to undertake the work
 Reasonable confidence that timescales can be met
 Resourcing model addresses all likely requirements
and assumptions are realistic
8
Very good response:
 demonstrates a comprehensive understanding of
and/or fulfilment of the requirements and adds value
 addresses and provides comprehensive evidence of
compliance with each requirement.
 Strong level of confidence regarding the Tenderer’s
capability/commitment to undertake the work
 Strong confidence that timescales can be met
 Resourcing model comprehensively addresses all likely
requirements with additional resilience/strength in
depth/flexibility if assumptions are not met or
unforeseen events occur
10
7.2.3.The score achieved will be multiplied by the applicable weighting to obtain a weighted
score. Weighted scores will then be added together to give a score for Technical out of
60%.
7.2.4.If any Tenderer achieves a score of less than 6 on either the Statement of
Requirements or Resource Model, its tender will be rejected and will not be
considered further.
7.3. Service Delivery (15%)
7.3.1.Service Delivery will be evaluated in accordance with the following criteria and
weightings (within the 15% Service Delivery):
7.3.1.1.
CVs of key staff to be engaged in delivering this project:
54
15%
OPCC: GMP PSN REQUIREMENTS
Reference: 0410
7.3.2.The Service Delivery criteria will be scored in accordance with the following model:
Description
Fails completely to meet the requirement or no evidence
provided.
Poor response:
 CVs/track record show little or no relevant experience
and little or no benefit to project.
Marginal response:
 CVs/track record show some degree of relevant
experience on comparable projects and some benefit to
project.
Acceptable response:
 CVs/track record show moderate degree of relevant
experience and benefit to the project.
Good response:
 CVs/track record show significant relevant experience,
with good explanation of how this benefits the project.
Very good response:
 CVs/track record show very strong and recent relevant
experience, with very good explanation of how this
benefits the project, showing detailed understanding of
requirements.
Score
0
2
4
6
8
10
7.3.3.Among the potential “benefits to the project” that will be taken into account under the
above scoring methodology is where the experience or expertise of the bidder will allow
the project to commence or be implemented in shorter timescales.
7.3.4.The score achieved will be multiplied by the applicable weighting to obtain a weighted
score. Weighted scores will then be added together to give a score for Service Delivery
out of 15%.
7.3.5.If any Tenderer achieves a score of less than 6 on either the CVs or Statement of
Previous Experience, its tender will be rejected and will not be considered further.
7.4. Price (25%)
7.4.1.This will be scored on the basis of:
7.4.1.1. 23 % for the total overall price stated in the cost schedule (at Appendix 1 to Section
3);
7.4.1.2. 2% for the daily rates submitted in the table set out at Appendix 2 to Section 3.
7.4.2. In the case of the pricing elements in paragraphs 7.4.1.1 and 7.4.1.2, the lowest
tendered price will be given full marks and higher prices will be scored proportionately.
For example, if the price tendered by a bidder is 20% more than the lowest price, the
mark given to that tender will be 20% less than the full marks available.
7.4.3.As regards the day rates submitted in the table in Appendix 2 to Section 3, the above
exercise will be done for each line (i.e. each daily rate for each grade of staff) and then
the score will be averaged (total score achieved divided by number of line items).
7.4.4.The score achieved will be multiplied by the applicable weighting to obtain a weighted
score. Weighted scores will then be added together to give a score for Price out of 30%.
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OPCC: GMP PSN REQUIREMENTS
Reference: 0410
7.4.5.The scores for Technical, Service Delivery and Price will then be added together to
obtain a total score. The highest score will represent the most economically
advantageous tender.
7.5. Presentation and Clarification
7.5.1.Following tender evaluation the PCC may invite the top 3 scoring bidders to a
presentation and clarification session. This will be notified to bidders. This will not be
scored separately but will be used to clarify and verify information submitted with the
tender, therefore it is possible that scores may go up or down depending on the
outcome of this session.
56