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Window Cleaning Services

Ref: JC-2012-WACCES-UNI-WCS-JC

November 2012

Invitation to Tender

Part One - Introductory Information for Suppliers

Name of Applicant______________________________ (please complete)
INTRODUCTORY INFORMATION FOR SUPPLIERS

The University of Warwick requests that interested Suppliers provide and submit a full proposal for the provision of the Goods and/or Services as specified in the attached Invitation to Tender (ITT) documentation. The ITT consists of the following documentation:

Part One - This Introductory Information document. Part Two - The Goods and/or Services Requirement document. Part Three - The Commercial Requirements document. Part Four - The Terms and Conditions document.

Should Suppliers be unable to access any of the above documents, or if Suppliers are unclear as to what the documents refer to, Suppliers are invited to contact the Tender Manager. (details below)

PROCUREMENT PROCEDURE

Interested suppliers are invited to submit their bids based upon the information contained within the complete Invitation to Tender document set.

All interested Suppliers must provide their submissions via the University of Warwick’s In-Tend procurement site www.in-tendhost.co.uk/universityofwarwick.

Should Suppliers experience difficulties in accessing or using the site they are invited to contact the Tender Manager (details below).

Any correspondence from Suppliers relating to the Tender, whether relating to technical, commercial or other issues and including but not limited to technical questions against the specification must be communicated using the In-Tend Correspondence function. Failure to do so may result in the queries being excluded from the tender procedure.

Any additional information deemed relevant by the University or answers to queries of such nature that would be of interest to all participating parties, will be communicated quickly and equally to all registered tenders via the In-Tend Correspondence function with the University’s tracked Question and Answer document.

If any Suppliers invited to tender decide not to submit a tender, they are invited to notify the University in writing as soon as that decision is made.

The TENDER MANAGER can be contacted at the following contact point:

June Cockerill
Purchasing Manager
Purchasing & Finance
The University of Warwick
Argent Court
Sir William Lyons Road
The University of Warwick Science Park
Coventry
CV4 7EZ

Telephone: +44 (0) 24 765 24123
Fax: +44 (0) 24 765 23077

The closing date for this Invitation to Tender is 12 Midday 31 January 2013. Your responses must be received both electronically and in hard copy by the University no later than 12:00 hrs GMT on this date.

You must submit:

one electronic copy of the entire tender response via the In-Tend website (please clearly label the title of all electronic files uploaded).

4 hard copies of all direct technical and commercial information in response to Part Two - The Goods and Services Requirement.

1 hard copy of all commercial information in response to Part Three - The Commercial Requirements.

1 electronic hard copies on CD-ROM disk compatible with Microsoft Windows or PDF.

Hard copy responses must be sent to the Tender Manager and address detailed above.
The envelope or package in which you send your hard copy responses must be clearly marked in the top left hand corner: JC-2012-WACCES-UNI-WCS-JC Do not open until 12 Midday 1 February 2013 and must not carry any identifiable marks. Please note there is no requirement to use any specific packaging. It is the Supplier’s responsibility to ensure documents are delivered to the University before the closing date and evidence of this delivery is documented.

The opening ceremony will be performed at the University of Warwick on or after 12:00 hrs GMT 1 February 2013. All tenders will be opened and validated by personnel authorised to do so by the University of Warwick.

Format of Tenders
The amount of soft and hard copies required is mandatory and not negotiable.

LATE RETURNS MAY NOT BE ACCEPTED AND MAY BE AUTOMATICALLY DISQUALIFIED.

FAILURE TO SUBMIT THE REQUIRED NUMBER OF ELECTRONIC AND HARD COPY RESPONSES BY THE REQUIRED DEADLINE MAY RESULT IN DISQUALIFICATION FROM THE PROCEDURE

Amendments to Submitted Tenders

If the tenderer finds it necessary to make any amendments subsequent to the submission of their tender response, the amendment should be submitted in the same quantities and formats as detailed above for the tender submission.
The hardcopies of the amendment must be sent to the Tender Manager and address detailed above. The envelope or package in which the amendment is sent must be clearly marked in the top left hand corner “Amendment to JC-2012-WACCES-UNI-WCS-JC – Do not open until 12 Midday 1 February 2013.

Amendments may only be submitted prior to the closing date of the tender procedure.

Instructions

Please provide answers in the box below each question, where the question asks for a sample form please upload and reference with appendices number.

Only submit information requested, information submitted that has not been requested cannot be evaluated and will be disregarded. Brochures will only be admissible if requested within the document.
IMPORTANT INFORMATION ABOUT THE TENDER PROCESS

Acceptance of Submissions
Bids against the ITT will only be accepted from suppliers who have requested and fully completed the ITT as laid down in the Part Two - Goods and/or Services Requirement document and the Part Three - Commercial Requirements document.

The acknowledgement of receipt of any submitted tender shall not constitute any actual or implied agreement between the University and the Tenderer. Nor does the University undertake to accept the lowest, or part, or all, of any Tender. The University, at its sole discretion, reserves the right to accept any tender(s), or any part, or all of any tender(s) unless expressly stipulated otherwise in the tender offer.

The University reserves the right to seek clarification from suppliers if required, upon receipt of tender submissions.

Alterations
None of the documents contained in the Invitation to Tender Document Set may be altered by the Tenderer. Any modification considered necessary by the Tenderer should be detailed in a separate letter accompanying the tender response.

Incomplete Tender
Tender submissions may not be considered if the complete information called for is not given at the time of tendering.

Validity of Tender Submissions
Tenders shall be valid for a minimum of 6 (six) calendar months from the closing date for the submission of tenders.

Subcontractors
The names and addresses of any sub contractors the Tenderer proposes to employ must be furnished with the tender. The Tenderer should also give details of the services to be delivered by the sub contractor who must comply in totality with the contract between the University and the Tenderer.

Submission of Multiple Options
If the tenderer wishes to offer more than one solution to the goods or services requirement, this should be contained within the response to Part Two – Goods and / or Services Requirement document, with the options clearly marked.

All requested information should be detailed clearly for each option offered.

Confidentiality
The Tenderer (whether their submission is accepted or not) and all other recipients of the ITT document set (whether they submit a tender or not) should treat the details of the specification and the documents attached hereto as private and confidential.

Tender submissions and subsequent clarifications which take part throughout the tender procedure will be treated as confidential by the University of Warwick and will not be disclosed to third parties except on a need-to-know basis or as may be required by statutory obligation.

Further, it is understood by both parties that submitted responses become the property of the University of Warwick and that the Supplier will be bound by the information disclosed in their response for 6 months after the submission date.

Liability
All information contained within this document has been submitted to allow all Suppliers to construct, without bias, their tender response. It shall be the responsibility of the Supplier to ascertain the accuracy of the details as the University provides all details in good faith and will take no responsibility for variations to the descriptions given.

It is the Supplier’s sole responsibility to ascertain the accuracy of the supplied information by formal request via correspondence on the In-Tend web site (www.in-tend.co.uk/universityofwarwick)

• Suppliers will not be entitled to claim from the Universities any costs or expenses incurred in responding to this invitation to tender.

• Prospective Suppliers may be required to demonstrate their submitted tender proposal. Suppliers will be expected to bear their own costs of such demonstrations.

• Tenderers must ensure that they have all the information required for the preparation of their tenders and satisfy themselves of the correct interpretation of terminology used in these documents. Tenderers must also ensure that they are fully conversant with the nature and extent of the obligations to be accepted by them if their tender is accepted.

BACKGROUND INFORMATION TO THE UNIVERSITY OF WARWICK

The University of Warwick is a uniquely successful institution. Founded in the mid 1960s, the University has grown to achieve a student population of over 18,000 in 2009 and rankings of 3rd and 6th place among UK Universities in the most recent league tables (Guardian and Independent respectively). The University is now wholly focused on its Vision 2015, the over-riding ambition for Warwick is to achieve a top 50 ranking of world Universities by 2015, as measured by quality of research output and strength of student demand.

The University strategy to 2015 is centred around eight core values of; Excellence, Ambition and Drive, Entrepreneurial Flair, Cosmopolitanism, Service, Accessibility, Community, Independence. Further information on the University strategy to 2015 can be found through the following link http://www2.warwick.ac.uk/about/vision2015/

Research and Teaching

The University has 29 academic departments and 49 research centres and institutes, in four Faculties: • Arts, • Medicine, • Science, • Social Sciences

The results of the 2008 Research Assessment Exercise (RAE), a UK-wide exercise run on behalf of the four UK higher education funding bodies, reaffirmed Warwick’s position as one of the UK’s leading research universities. Warwick was ranked as 7th overall in the UK (based on multi-faculty institutions) with 65% of its research classed as “world leading” or “internationally excellent” (Quality level of 4* or 3*) and a significant number of departments within the top 10 in the UK in their unit of assessment.

One of the most recent initiatives for the University has been the development of the School of Life Sciences. Formed on 1 October 2010 by the integration of the Department of Biological Sciences and Warwick HRI, the School of Life Sciences creates exciting new opportunities for interdisciplinary study and research.

The new School will build on existing centres of excellence for multidisciplinary research and continue to develop new understanding across the spectrum from fundamental molecular and cell biology to real-world, applied research problems.

Further information on the University’s research initiatives and collaborations can be found through the following link http://www2.warwick.ac.uk/about/profile/research

Commercial Activities

The University has a strong and vibrant range of commercial activities including: • Three purpose built year round training and conference centres • Warwick Arts Centre, the largest performance and visual arts complex in the midlands, attracting over 280,000 visitors a year to more than 2,000 events • University Bookshop • Wide range of shops, bars and restaurants • Warwick Ventures • Jobs.ac.uk

Campus

The University is adjacent to Coventry on the border with Warwickshire and occupies 290 hectares across three adjacent sites: Central campus, Gibbet Hill campus and Westwood campus. The campus incorporates lakes, woods, trees and landscaped gardens with many green open spaces. The campus is continually evolving with recent significant developments including: • Warwick Digital Laboratory - opened in 2008 by Prime Minister Gordon Brown • Indoor tennis centre at Westwood campus opened in March 2008 • The Student Union building, currently being refurbished • Warwick Arts Centre, including Butterworth Hall, undergoing a £6.9 million redevelopment which will be completed in Spring 2009.

Furthermore the campus offers students excellent entertainment with over 200 clubs and societies organised by a dynamic Students’ Union and significant sport and leisure facilities offered by the Department of Physical Education and Sport (Warwick Sport);

Further information of the University campus can be found through the following link http://www2.warwick.ac.uk/about/campus/

Window Cleaning Services

Ref: JC-2012-WACCES-UNI-WCS-JC

November 2012

Invitation to Tender

Part Two – Services Requirement

Name of Applicant______________________________ (please complete
SERVICES REQUIREMENT

PROJECT OVERVIEW

The aim of this tender is to appoint a contractor/s for the cleaning of windows on the University campus. The contractor will be required to carry out the internal and external cleaning of windows, glazing and other similar surfaces to University buildings on Main Campus, Gibbet Hill and Westwood.

The service provided will be managed by 3 different departments who are responsible for the buildings across campus, they are:

• Estates Office • Warwick Accommodation • The Training & Conference Centres

Contractors will need to demonstrate during the process that they have the relevant equipment and resources to carry out the service.

A full list of the buildings and information can be found in Appendix 1. A map of the university campus is also attached.

The University advise that all candidates attend the site visit to familiarise themselves with all areas and requirements of the University. The site visit will take place on the 17 January 2013, please confirm your attendance via the in-tend correspondence functionality ensuring you select the project for Window Cleaning Services.

The appointed contractor will be required to carry out the service with the minimum disruption to the daily operations, staff, students and visitors. Health and Safety legislation must be adhered to at all times. Serious breaches of health and safety regulations will lead to the contract being terminated with immediate effect.

Duration of contract:

The University will be seeking to ultimately establish a sole provider for window cleaning services. It is intended that this agreement be for 36 months plus an option to extend for a further year. Extension will be subject to performance against contract and University of Warwick requirements.

Overview of Tender Exercise

Site Visit 17 January 2013
Closing Date for Participation 14 January 2013
Closing Date for Submissions of proposals 31 January 2013
Opening of Proposals 1 February 2013
Evaluation & Selection of supplier/s w/c 4 February 2013
Notification of award of contract w/c 18 February 2013
Commencement of contract 1 March 2013

Please note that these dates are anticipated timescales only. The contract may be placed before or after these dates.

DEPARTMENTS OVERVIEW

Warwick Accommodation

Warwick Accommodation is dedicated to managing the accommodation requirements of the University of Warwick, both on campus and off-campus.

Campus has 6,283 bedrooms for the 2011/2012 academic year across a range of undergraduate and postgraduate residences. The number will increase to 6,574 in 2012/2013 with the opening of our new hall of residence. Each of the current campus residences is fully managed and has residential tutors and a warden who look after the welfare of the residents. All rooms are self-catering. The cleaning of all campus residences is currently managed in-house.

Warwick Accommodation also manages a large portfolio of leased houses off-campus in Coventry, Leamington Spa and Kenilworth for those students not living in campus accommodation. These houses provide another 1,700 bedrooms for Warwick students.

Estates Office

The Estates Office looks after the Warwick campus - the land it's built on and the buildings it's made up of. We:

Maintain and repair the buildings on campus
Maintain and repair all non-academic equipment (e.g. furniture)
Provide, maintain and repair the campus infrastructure (e.g. heating)
Improve and develop Warwick's buildings and its grounds and gardens
Keep campus clean and tidy
Manage transport on campus, and to and from campus.
Encourage staff and students to be more environmentally conscious, and work to reduce Warwick's carbon emissions

Training & Conference Centres

Warwick Conferences is the largest commercial business of the University of Warwick. With an annual turnover of £22 million, our surplus income is reinvested into the University of Warwick's world class teaching and research.

With three purpose built Training and Conference Centres - Arden, Radcliffe and Scarman - and the main campus Conference Park utilising the outstanding campus facilities, we offer the widest choice of meeting space in the UK.

At Warwick Conferences it is the people that matter. We know how important your event is to you and that is why you can be sure that our dedicated teams will be on hand every step of the way to ensure a successful and stress-free event, every time.

Each of our conference venues provide exemplary facilities. From the comfort of our en suite bedrooms to world-class dining in our restaurants, we understand that an event isn't just about the meeting space - it is about the whole experience.
TECHNICAL REQUIREMENTS

Technical & Professional Competence

Section A

Schedule of Conditions

In addition to the University’s Standard Terms and Conditions (see Section 4), the following will apply:

A full Statement of Compliance against each of the following points is required. Tenderers should respond to each item in the space provided. Please respond in detail, answers need to be more than ‘Yes’ or ‘No’. Your responses will form part of the contract and Service Level Agreement (SLA).

1. Areas & Buildings

This contract is split in to five areas, each area will have a nominated representative who will be the contact point for the areas. The five areas are: • Estates • Warwick accommodation • Scarman House • Radcliffe House • Arden House Appendix 1 provides a list of the buildings, location, requirements and further information. There will be conditions and restrictions prior to entering some areas: Laboratories – Contractors may be exposed to some risks in these areas, the contractor will check with the liaison officer what personal protection equipment the operatives should use. The contractor will provide all personal protection equipment. Nothing should be moved without approval of the Departmental Safety Officer or Chief Laboratory Technician. All Buildings – The contractor must ensure that all operatives are aware of the university fire drill and identify the nearest fire exit and the assembly point. It is important that University personnel are aware of operatives in the building at all times.

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If no, please provide an explanation?

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2. Standard Operating Procedures

1. Preparation Areas for cleaning must be prepared prior to the clean:-

• Sellotape, bluetack and other substances shall be removed.

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If no, please provide an explanation?

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2. Glazed Areas

All glazed areas shall be cleaned using the approved chemicals. The area shall be left free of dust, stains or other marks. All internal sills, mullions shall be wiped down and cleared of watermarks.

Where a squeegee system is used all adjacent areas must be wiped down using a damp cloth.

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If no, please provide an explanation?

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3. Standard of Workmanship

On completion of each schedule of work the contractor shall provide a certificate of the completed work for the specified area. The certificate must be signed by authorised personnel, and only if the work has been carried out to a satisfactory standard. Any work that falls below the standard should be reported to the University Contract Manager who will investigate and request the contractor to rectify the work.

Invoices will only be paid where a certificate has been signed by the University authorised personnel.

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If no, please provide an explanation?

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4. Method Statements

The contractor is required to provide a method statement for each area of work, stating how the proposed work will be carried out, the access equipment that will be used and chemicals that will used and the minimum number of staff employed for each area. Please provide examples of method statements you currently use for other contracts.

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If no, please provide an explanation?

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5. Programme

The contractor shall ensure that there is adequate staffing for each area. The work will be carried out in accordance with the programme on the specified dates within the specified time limits.

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If no, please provide an explanation?

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6. University Contacts & Contract Liaison Officers

Prior to commencement of work being carried out the contractor must report to the University contact for the area of work. A list of contract liaison officers and departmental safety officers will be provided once the contract has been awarded.

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If no, please provide an explanation?

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7. Hazards

There will be possible hazards such as:- • un-guarded roofs • fume cupboards • restricted areas

Some hazards will be noted when the contract is awarded but it is essential the contractor identifies and records all hazards.

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If no, please provide an explanation?

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3. Equipment

1. Equipment

Equipment should never be left unattended at any time. This particularly applies at the end of the day, or where it can cause damage in windy conditions or be susceptible to access by vandals. University equipment must not be borrowed and will not be loaned to the contractor.

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If no, please provide an explanation?

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2. Existing Cradle Rails

Some buildings at the University are equipped with a cradle rail. These have not been maintained and tested and must not be used for any window cleaning equipment.

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If no, please provide an explanation?

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3. Harnesses

Most buildings are equipped with Hilti or similar ladder restraints, eyes or anchor points. The contractor is required to provide all ladders and ties and use them at all times. Some buildings are provided with internal Safety Harness anchors, the contractor is required to provide personnel with harnesses and use the anchor points. All harnesses must comply with current appropriate standards or its equivalent, and be inspected prior to use. A record must kept of the inspection and a copy forwarded to the University Contract Manager.

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If no, please provide an explanation?

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4. Damage

Any damage caused by the contractor to University buildings, personal belongings or office equipment will be made good at the contractors’ expense. Soft and hard landscaped areas must be protected against damage.

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If no, please provide an explanation?

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4. Additions & Deletions

During the period of the contract, new buildings will be added to the contract and some buildings may be removed, the University Contract Manager will provide details of the buildings and require a costing from you prior to commencing the work. The contract for new areas will run concurrently with this contract.

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If no, please provide an explanation?

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5. Health & Safety

The contractor is required to comply at all times with requirements of the:

• Health & Safety at Work Act 1974 and all supporting regulations and codes of practice. • Safety in the University. Contractors must adhere to the Code of Conduct for Contractors at the University of Warwick (attached).

If any of the operatives are found not to be complying with the Act or working in a manner considered to be unsafe, the work will be stopped immediately and will not be allowed to continue until a further report has been submitted by the Contractor and the University Contract Manager is satisfied that the dangerous or unsafe practice has been eliminated.

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6. Personnel & Security

1. Personnel & Security

All staff shall be in uniform at all times and be identifiable.

All operatives must behave in an appropriate professional manner, catcalls; wolf whistling will not be tolerated under any circumstances. The privacy and property of guests, staff, students and visitors must be respected at all times.

Operatives who fail to behave in a professional manner will be reported to the immediate line manager and the University will require information on how the situation was resolved and what measures have been put in place against any further repeat of the behaviour.

The playing of radios will not be permitted anywhere on site at any time.

The contractor and all operatives must adhere to the ‘No Smoking’ Policy in place at the University.

No operative may consume intoxicating liquids during the period they are working at the University of Warwick.

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2. Keys

The contractor will be required to collect keys for access to some buildings; keys should be signed for and returned immediately to the person/area that provided the key. Keys that are lost by a member of your staff may cause the University to re-suite all locks for the building, if this should happen then the contractor will be charged.

Where doors are unlocked for the contractor to gain access, the contractor must ensure the door is locked on completion of the work.

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7. Invoice Arrangements

7. Account Numbers

The successful contractor will issue each University department as outlined in Section A with an individual account number.

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7. Payment Terms

The University terms of payment are 30 days and payment will be via BACS.

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3. Further Business Terms

Prices must be held firm for 12 months. Price rates will be reviewed and agreed by both parties for the following 12 months prior to the annual anniversary date of the commencement of the contract.

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Section B

Questions – Technical

1.

1. Equipment

Please provide a list of equipment that will be used, how it will be used, how it is maintained in accordance with the Health & Safety Regulations.

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2. Warning Signs & Safety Barriers

The appointed contractor must provide warning signs and barriers when work is being carried out. Please provide information of signs and barriers that will be used and where?

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3. Chemicals

Only approved chemicals shall be used. Please provide details of the chemicals that will be used and where, also enclose a copy of COSHH sheets relevant to the chemicals to be used.

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4. Operating Hours

Are you able to operate outside of normal working hours (e.g. before 6.00 am after midnight?)

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5. Access & Equipment

1. Access

Please provide the different methods of accessing windows for cleaning for:

• ground floor

• first floor

• second floor

• Buildings of 3 floors and higher.

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2. Equipment

Please provide the type of equipment that operatives have access to when servicing the above?

|Ground Floor - |
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|First Floor – |
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|Second Floor – |
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|Buildings of 3 floors & Higher |
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6. Customer Complaints

Please provide details of your policies in respect of dealing with Customer Complaints?

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7. Job Sheets/Certificate

Please provide a sample of the job sheet/ certificate you will issue on completion of each service.

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Section C

Health & Safety

1. Performance

Please confirm that your Company has designated members of staff responsible for the Health & Safety Performance of the Company. Please provide details:

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2. Health & Safety Policy

Please confirm that your Company has a documented Health & Safety Policy

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If no, please provide an explanation.

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Please include a copy of your Health & Safety document? (Submit the policy as an appendix).

|[pic][pic][pic] |

3. Risk Assessments

Please provide details of 3 different risk assessments you have carried out relevant to window cleaning? (Insert examples as an appendix)

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4. RIDDOR

Please provide details of your procedure for reporting of injuries, disease and dangerous occurrences and include a sample of the form you use? (Provide sample of form/s as an appendix).

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[pic][pic][pic]

Please provide details of any reportable incidents that you have submitted under the RIDDOR requirements for the past 3 years?

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5. First Aid

Do you have fully trained first aiders?
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How many of the staff would be allocated to this contract that are trained in first aid?

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How will you ensure that there always someone trained in first aid is present when operating this contract?

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6. Breach of Health & Safety Regulations

Please provide details of your policy/procedure for dealing with staff failing to follow health and safety regulations?

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7. Safety in the University

The contractor should ensure all operatives are aware of the requirements contained in the document. How will this information be communicated to your staff and new personnel during the term of the contract?

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8. HSE Improvement/Prohibition Notices

Please provide details of any convictions for offences under Health & Safety Legislation or Statutory HSE Improvement/Prohibition Notices served on your Company during the past three Calendar Years.

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Section D

Personnel & Security

1. Operatives & Supervisors

Please provide details of the number of operatives and supervisors you would allocate to this contract?

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2. Personnel

Please provide details of staff uniform and how your staff will be identified.

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3. Internal Policies

Please provide details of your internal policies for operatives and supervisors that would be allocated to this contract in respect of the following:

a. Training

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b. Health & Safety Legislation

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c. Do you have an alcohol at work policy? If yes, please provide a brief summary of your policy?

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4. Supervision

The contractor must ensure full and adequate supervision throughout the works. Please provide details on what and how supervision is provided and managed.

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5. Appointing & Staff Training

Please provide information regarding your procedures for appointing and staff training and how they are updated with health and safety legislation. Please provide sample copies of training records.

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6. Security

Security is of high importance in all areas of the University. Please provide details of how you will manage your staff to ensure security is maintained including the management of keys.

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Section E

Environmental Policy

1. Environmental Policy

The University of Warwick is firmly committed to the principles of sustainability. The University recognises that its activities impact upon the environment through its routine internal operations, its infrastructural development and its influence on the wider community. The University acknowledges a responsibility for, and a commitment to, the protection of the environment at all levels. The University will endeavour to exceed the requirements of relevant environmental legislation and is committed to environmental performance improvement.

Please provide a summary of your environmental policy (a full copy of your policy may be required at a later date).

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2. Key Environmental Impacts

What are the key environmental impacts of the services that you would offer and what action have you taken to minimise these?

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Section F

Business Activity & Experience

1. Business Activity

Please provide details of the applicants’ principal areas of business activity? What % of your business is for the provision of window cleaning services only?

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2. Case Summary

For three current clients please provide a short summary / case study of the window cleaning services provided, term of the contract (including start and end dates) key successes, how your organisation added value to the client and any other information deemed relevant.

|Client 1 |
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|Client 2 |
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|Client 3 |
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3. References (information only)

Please give full details of two key current customer accounts for the provision of similar services that the University of Warwick may approach for a reference without seeking further permission.

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|Referee 1 | |
|Name | |
|Address | |
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|Contact Person | |
|Telephone Number | |
|Fax Number | |
|Email Address | |
|Approx. Annual Value of Business | |

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|Referee 2 | |
|Name | |
|Address | |
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|Contact Person | |
|Telephone Number | |
|Fax Number | |
|Email Address | |
|Approx. Annual Value of Business | |

Section G

Invoice Arrangements

1. Prices The price for each area must be inserted in Appendix 1; prices must be exclusive of vat.

2. Invoicing

The University’s preferred method of payment is by BACS and the standard payment terms are 30 days from date of invoice.

The appointed contract must have the facility to set up individual accounts for departments of the University who process their own invoices?

Invoices must contain as a minimum the name of the department, date of clean, and cost for each building and the completed certificate/job sheet number. Please provide a sample of your invoice.

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|[pic][pic][pic] |

Please provide details of how you intend to handle disputed invoices?

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Details of your credit note policy and procedures are required.

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| | EVALUATION CRITERIA

Evaluation

Personnel authorised by the University will open tenders. All offers will be verified to ensure that all the information requested has been provided and that the tender complies with the Invitation to Tender document.

Bids against this ITT will only be accepted from suppliers who have requested and fully completed the Tender documentation

The University of Warwick reserves the right to seek clarification with the supplier(s) upon receipt of tender submissions

Evaluation will be based upon the most economically advantageous tender in terms of:

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|Criteria (%) |Weighting (%) |
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|Part 2 | |
|Technical & Professional Competence Section A –Schedule of Conditions |10% |
|Technical & Professional Competence Section B – Questions Technical |10% |
|Technical & Professional Competence Section C – Health & Safety |10% |
|Personnel & Security - Section D |5% |
|Environmental Policy – Section E |5% |
|Business Activity & Experience – Section F |7.5% |
|Invoice Arrangements – Section G |2.5% |
|Part 3 - Commercial Requirements |10% |
|Completion of Documents: |10% |
|Total Cost |30% |
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|Total |100% |

Scoring Methodology

|0 |Info Not Provided |
|5 |Poor Response - below user expectations |
|15 |Average Response - meets users minimum expectations |
|20 |Good Response - meets users expectations with additional added value |

The methodology will be used for all areas except total cost, the most economical advantageous tender will score the maximum weighting and higher bids will score a % of this.

e.g. The best bid (MEAT) = £100 score 30% 2nd best bid = £150 score 20% 3rd best bid = £200 score 15%
TECHNICAL NON COMPLIANCE STATEMENT

Detail below all technical matters in which your Tender response does not comply with the requirements laid down in this Part Two of the Invitation to Tender document set. Sequentially number each point in the first column for ease of reference. If required, take copies of this blank form for additional points of non-compliance. Cross reference to any supporting information provided separately.

TENDERER:

DATE: PAGE OF

|Matter not complied with |Extent of Non Compliance |Alternatives Offered |Effect on Tender |
|within Tender Requirements | | | |
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Signed: Date:

Name: Position:

Authorised to sign tenders for and on behalf of

SCHEDULE OF PRICING

All prices to be ex VAT and quoted in £GBP

Pricing to be itemised against each area in Appendix 1

If there are any other costs other than those covered in appendix 1 please insert details and costs below.

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|Total Cost | |

|EARLY PAYMENT DISCOUNTS |
|Please detail any additional discount available for the prompt or early payment of invoices |% |
|7 days from approval of equipment | |
|14 days from approval of equipment | |
|21 days from approval of equipment | |
|28 days from approval of equipment | |
|Normal business terms are payment within 30 days of invoice | |

Normal business terms are payment within 30 days of invoice.

Payment will become due subject to the above, upon the University of Warwick’s full acceptance of the equipment

Signed:

Print Name:

Position:

For and on behalf of

Date:

Window Cleaning Services

Ref: JC-2012-WACCES-UNI-WCS-JC

November 2012

Invitation to Tender

Part Three – Commercial Requirements

Name of Applicant______________________________ (please complete
COMMERCIAL REQUIREMENTS

Tenderers should note that any contract awarded or Purchase Order issued as a result of this tender procedure will be made subject to the terms and requirements detailed below

Interested Suppliers must provide as part of their submission all of the below information.

SUPPLIERS WHO DO NOT PROVIDE THE REQUESTED INFORMATION IN FULL MAY HAVE THEIR SUBMISSIONS DISQUALIFIED.

Management Summary
Suppliers should provide a single-cover page summary describing the main points of the bid.

Bid Content
Suppliers should provide full details of their bid in response to the specific requirements set out in the Goods and/or Services Requirement document.

Supplier Nominated Contact
The Supplier must provide the name, address, telephone number, email address and fax number of the person who is the primary contact dealing with the response to this Invitation to Tender and who would be the primary contact should the Supplier be successful in securing the award of a Contract.

Name:
Address:

Position:
Tel:
Fax:
Email:

Cost of Goods/Services Proposed
Suppliers MUST specify the full cost of the proposal to meet all the requirements outlined in the Goods and/or Services Requirement document.

A full schedule of all individual items should be provided, with their associated costs and detailed in the Schedule of Prices. The basis of the Agreement shall be agreed fixed prices for the scheduled items including delivery, installation and commissioning.

The Contractor shall make available to the University of Warwick the schedule of rates used to calculate the tender sum. This schedule shall be used for measurement and valuation of any alteration or variation of works, addition or deletion to the contract or omissions from the specification. It is not acceptable to include in this response any undefined sums of monies.

The University reserves the right to add or delete requirements from the contract. Should this be required the tender sum would be amended accordingly.

Suppliers may also show costs of optional features/facilities, including training courses, where these have not been incorporated into the basic tender price.

All costs should be in pounds sterling excluding VAT irrespective of whether or not it may be chargeable. Any VAT that is properly chargeable and is supported by an acceptable tax invoice will be paid. Zero rated items must be clearly identified.
Where costs have been converted from another currency this should be clearly indicated and the exchange rate used should be provided.
Items which are not included within the Tender price, or items that are identified as options, should be included separately. In all cases costs must be supplied.

No prices may be amended after the tender process is complete, unless agreed with the University of Warwick (where applicable). The reasons for amendment must be agreed in writing.

Prices must remain valid for a period of six (6) calendar months from date of tender closure.

Discounts for prompt payment should be detailed.

Supply of Services
The University will seek to reserve the right to purchase additional equipment in accordance with the Terms and Conditions, and potentially on the basis of discount structures stated in the Supplier’s Tender, or subsequently stated in the Contract(s) awarded. Such purchases shall be entirely at the discretion of the University and may be of any value, provided that the purchases are undertaken before the expiry date stated in the Contract.

Conditions of Contract
The University of Warwick tenders on the basis of the terms attached in Part Four - The Terms and Conditions, of this Invitation to Tender document set.

Substitutions
In the event that the supplier is unable to supply the exact type of product to the exact specification of goods ordered, the supplier must inform the University of Warwick as soon as possible, providing a sound reason for this, prior to delivery.

If reasons given are not acceptable to the University, the supplier will provide goods to a specification acceptable to the University and shall charge the product supplied at a price not exceeding that originally quoted.

Acceptance or rejection is the sole right of the University of Warwick.

Health and Safety
Tenderers should ensure that they are fully compliant with all Health and Safety Regulations which may be relevant to this contract. Tenderers should provide details of their Health and Safety policies and certification in support of their compliance to relevant Regulations.

Recyclability and Disposal
Please provide details of the recyclability of the equipment or parts there of tendered. Please also provide details of any requirements for the disposal of the equipment at the end of its useful life.

Reseller Status and Support Provision
For EACH item included in your tender proposal, you should state the relationship of your company with the producer. Specifically you should note whether your organisation is itself an authorised reseller of the item in the United Kingdom, or whether you plan to source the item from another reseller. In either case, but particularly in the latter, the proposal should clearly explain the chain of support provision for EACH item quoted. This should clarify whether its producer, your organisation or some clearly delineated combination would handle support requests involving the item.

VENDOR QUESTIONNAIRE

Please include, where appropriate, any supporting documents, making clear on all enclosures the name of the respondent and the number of the question to which the response refers.

Where by supplier has bid on the University of Warwick tender in the past six months, submitted via the In-Tend system and no details have altered please complete

Full company name…………………………………………………………………..

Tender responded to: ……………………………………………………………….

Note: The term A Firm refers to: sole proprietor, incorporated company, co-operative, agency, etc. as appropriate.

SECTION A - Firm's Background Information

A.1) Organisation Details

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| |Full Title of Firm | |
|a) | | |
| |Former Trading Name(s) (if any) | |
|b) | | |
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| |Address of office where service will be provided | |
| |(if different from Registered Address detailed in | |
|c) |Tender Application) | |
|d) |Postcode | |
|e) |Telephone Number | |
|f) |E-mail address | |
|g) |Contact Name | |
|h) |Company VAT Number | |
|i) |Date business commenced | |
|j) |Company Registration Number (if applicable) | |
| | |[pic][pic] |
|k) |Is the firm registered to any of the following |[pic][pic] |
| |standards? |[pic][pic] |
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| |BS5750 | |
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| |EN29000 | |
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| |ISO9000 | |
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| |If yes, please provide copies of the relevant | |
| |certificate. | |
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|l) |Please provide the name(s) and address(es) of | |
| |trade associations of which the firm is a member. | |
| |If the applicant firm is a subsidiary of another | [pic][pic][pic] |
|m) |body, will that parent firm guarantee the | |
| |applicant firm's contract performance as its | |
| |subsidiary? | |
|n) |Applicant firm is intending to provide the service|[pic][pic] |
| |itself? | |
| |If no, please provide details of the contractor |Details of sub-contractor: |
| |who will be providing the service. | |
| |It is important to provide all the relevant | |
| |policies requested for the contractor who will be | |
| |providing the service | |
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SECTION B - Economic and Financial Standing

1) Please provide the last three years of abbreviated audited company accounts:

[pic] [pic] [pic][pic]
Please note that the University cannot contract with Suppliers without robust evidence of their financial standing

2) Please provide the name and address of bankers to whom reference can be made:

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3) Within the last 3 (three years), has the firm had to pay financial penalties or had payment deducted from monies arising from failure to perform in accordance with contractual obligations?

[pic][pic]

Please provide the last three years of abbreviated audited company accounts:

[pic] [pic] [pic][pic]

Please note that the University cannot contract with Suppliers without robust evidence of their financial standing

4) Please provide the name and address of bankers to whom reference can be made:

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5) Within the last 3 (three years), has the firm had to pay financial penalties or had payment deducted from monies arising from failure to perform in accordance with contractual obligations? [pic][pic] 6) Has the firm had a contract (similar to that being sought in this tender) terminated during the last 3 (three) years [pic][pic]

7) Has the firm had a contract renewal refused for failure to perform to the terms of the contract during the last 3 (three) years? [pic][pic]

8) Has the firm withdrawn from a contract prematurely during the last 3 (three) years?

[pic][pic]

If the answer to any of these questions (5 - 8) is Yes, please provide details

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SECTION C – Insurance

Please provide details, below, of the firm's Public and Products Liability and or Professional Indemnity insurance cover. Details should include:

Name of Insurer:

Policy number:

Renewal Date:

Limit of Indemnity:

Copy of Insurance Certificate provided:

[pic][pic]

Please note that the University cannot contract with Suppliers without robust evidence of appropriate insurance cover

Please note that the University sets the following minimum requirements for insurance cover:

Public & Products Liability: £5m

Professional Indemnity: £2m

After completion of the questionnaire please read and sign the section below:

*I/We certify that the information given is accurate to the best of my/our knowledge.

*I/We understand that false information could result in the termination of any future contract.

* delete as appropriate

Signed:

Position:

For and on behalf of:

Date :

EQUAL OPPORTUNITIES

Is it your policy as an employer to comply with your statutory obligations under the Race Relations Act, Race Relations Amendment Act, Sex Discrimination Act, Disability Discrimination Act and Gender Equality Act and accordingly, your practice as an employer not to treat one group of people less favourably than another because of their sex, colour, race, nationality, disability, religion or ethnic origins in relation to decisions to recruit, train or promote employees?

Has any finding of unlawful racial discrimination been made against your Organisation by any court or industrial tribunal within the last three years? If yes, please provide details

Has any finding of unlawful sex discrimination been made against your Organisation by any court or industrial tribunal within the last three years? If yes, please provide details

Has your Organisation been the subject of formal investigation by the Equal Opportunities Commission on grounds of alleged unlawful discrimination within the last three years? If yes, please provide details

Has your Organisation been the subject of formal investigation by the Commission for Race Equality on the grounds of alleged unlawful discrimination within the last three years? If yes, please provide details

If your reply to any of the above is yes, please provide details on a separate sheet of the steps taken as a consequence of the findings of the court, tribunal or commission.

Are your Organisation’s policies on Equal Opportunities, Race Relations, Disability Discrimination and Sex Discrimination available and set out:

¬ In instructions to those concerned with recruitment, training and promotion

[pic][pic]

¬ In documents available to employees, recognised trade unions or other representative groups of employees? [pic][pic]

¬ In recruitment advertisements or other literature? [pic][pic]

Copies enclosed for any of the above?

[pic][pic] BUSINESS ETHICS AND CONFLICTS OF INTEREST

[Supplier Name] shall not enter into any agreement or arrangement with any person that that other person shall refrain from tendering, or between them agree as to the amount of any other tender submitted or of its terms and conditions.

[Supplier Name] shall not offer to pay or give, or agree to pay or give or pay or give, any sum of money or valuable consideration to any person for doing, having done, causing, or having caused to be done, any act of nature described above in relation to the tender.

[Supplier Name] is aware of and complies with the obligations laid down by the Bribery Act 2010 and confirms that it has not and will not, in the course of its business operations, offer or give financial or other advantage to any party (including but not limited to its own employees, agents, associated person, subcontractor or other third party) to perform their functions or activities improperly or to reward that person for having done so, in order to gain a business advantage.

The person(s) involved in the preparation and collation of the [Supplier Name’s] tendered proposals and prices should in no way be associated with the initial preparation by the University of Warwick, of the tender documentation or with the subsequent evaluation, assessment, analysis, management and decision making process of this tender.

[Supplier Name] shall establish and maintain appropriate business standards, procedures and controls including those necessary to avoid any real or apparent impropriety or to prevent any action or conditions which could result in conflict with the University’s best interests.

[Supplier Name’s] efforts shall include, but not be limited to, taking all reasonable steps to prevent its employees or agents from making, receiving, providing or offering gifts or entertainment of more than nominal value, payments, loans or other considerations to anyone for the purpose of influencing individuals, firms or bodies corporate to act contrary to the University of Warwick’s best interests.

This obligation shall apply to the activities of the employees and agents of the [Supplier Name] in their relations with the employees of the University of Warwick and Third Parties (including but not limited to subcontractors) arising from this Agreement.

Signed:

Print Name:

Position:

Date:

For and on behalf of:

NB. Any false statement above could jeopardise the validity of your tender and any future opportunity to tender with the University of Warwick and could result in the termination of any current contracts

FREEDOM OF INFORMATION ACT 2000

Background

Under the Freedom of Information Act 2000, following a request for information under the Act by a third party, the University of Warwick must fulfil two duties:

Confirm or deny that the requested information is held by the University.

If the information is held, to consider its release to the third party, subject to the fulfilment of certain criteria.

Under this Act, the University does not guarantee that information provided by your company during the course of this tender procedure or any resulting contract, will be held as confidential, though the University will not routinely release such information to interested parties unless advised to do so by our legal advisers in order to meet our statutory requirements.

You are invited to consider whether any of the information provided by your company (other than should not be disclosed because of its sensitivity. If this is the case, please specify the reasons for its sensitivity. The University will endeavour to consult with your company prior to making a decision on any Freedom of Information request received, relating to such information. Please note that your company’s specification of information not to be disclosed because of its sensitivity does not represent any form of Confidentiality Agreement between your company and the University. The University will not be bound to maintain such information as confidential. Disclosure of such information will not be viewed as a breach of any contract resulting from this tender procedure.

If you do not consider ANY of the information provided by your company to be sensitive, please make a statement to that effect. The following form must be completed and returned as part of your company’s tender proposal.

Disclosure of Sensitive Information Form

Please complete Section A OR B

Section A

I do NOT consider any of the information provided in the course of the tender to be sensitive. As such information can be disclosed by the University of Warwick following a request for such information under the Freedom of Information Act 2000. In the event that this company is successful in securing the award of the business, the release of such information by the University of Warwick will not be viewed as a breach of the resulting contract.

Signed:

Print Name:

Position:

Date:

For and on behalf of:

OR

Section B

The following information, provided during the course of the tender procedure is considered to be sensitive for the reasons stated. It is understood that following a request for such information under the Freedom of Information Act 2000, the University will endeavour to consult with this company prior to any decision regarding the release of this information being made. It is also understood that this statement does not represent any form of Confidentiality Agreement between this company and the University of Warwick. In the event that this company is successful in securing the award of the business the release of such information by the University of Warwick will not be viewed as a breach of the resulting contract.

(Please list information and use additional sheets if required)

Signed:

Print Name:

Position:

Date:

For and on behalf of:

FORM OF TENDER

Tender Ref: JC-2012-WACCES-UNI-WCS-JC

Having examined all the documents listed below and, subject to and upon the terms and conditions contained in the said documents, I/We offer to provide the Goods and Services to the University of Warwick at the rates/prices detailed in the Schedule of Prices enclosed.

I/We agree that this tender and any contract that may result from it shall be based upon the documents listed below and bearing the contract reference shown at the top of this tender.

Part One – Introductory Information document
Part Two – Goods Requirement document
Part Three – Commercial Requirements document
Part Four – Terms and Conditions

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

It is acknowledged that the University requires the information and prices submitted in the tender to be valid for a period of six (6) months following the tender closure date. It is confirmed that the information and prices submitted are valid and open to acceptance by the University of Warwick for the period up to……………

I/We agree that should our tender be accepted then time shall be the essence of the contract

Signed:

Print Name:

Position:

Telephone No:

Date:

For and on behalf of:

Window Cleaning Services

Ref: JC-2012-WACCES-UNI-WCS-JC

November 2012

Invitation to Tender

Part Four – Terms and Conditions

Tenderers should note that any contract awarded or Purchase Order issued as a result of this tender procedure will be made subject to the terms detailed below.

General Conditions of Contract for Services (“the Conditions”)

1. Interpretation

1.1 In these Conditions:

- "the Contract" means the agreement made between the University and the Contractor, as evidenced by the Order, these Conditions, and any specifications, plans, patterns, samples, drawings and/or other documents (whether provided by the Contractor or otherwise) as are expressly referred to therein or are incorporated therein by express agreement between the Parties;

- "the Contract Price" means the price exclusive of Value Added Tax payable to the Contractor by the University under the Contract for the full and proper performance by the Contractor of its obligations under the Contract;

- "the Contractor" means the person who by the Contract undertakes to supply the Services to the University as is provided for in the Contract; where the Contractor is an individual or partnership, the expression shall include the personal representatives of that individual or of the partners;

- "Order" means the University’s purchase order or other official document specifying the University’s requirements for the Contract to which these Conditions are annexed, and as more particularly described in Condition 2;

- "the Services" means all works, services and such other things as the Contractor is required to provide, as more particularly set out in the Contract, and shall, where the context requires, include the provision of any materials, equipment, articles or other goods;

- "the University" means The University of Warwick.

1.2 Unless the context otherwise requires, reference in these Conditions to any enactment, order, regulation or other similar instrument shall be construed as a reference to the enactment, order, regulation or instrument as amended or re-enacted by any subsequent enactment, order, regulation or instrument.

1.3 The headings to these Conditions shall not affect their interpretation.

1.4 Any decision, act or thing which either party to the Contract is required to take or do under the Contract may be requested by any officer or employee of the other party authorised, either generally or specially, by that other party to make such a request, provided that upon receipt of a written request from one party the other party shall inform the party requesting the information of the name of any such officer or employee.

2. Issuing and Acceptance of Orders

2.1 All Orders shall be in writing and signed by an authorised officer of the University. Any Orders that are not issued in accordance with the requirements of this condition shall not constitute a valid offer to the Contractor, and the University will not be liable in respect of the same.

2.2 An Order constitutes an offer on the part of the University to acquire the Services subject to these Conditions. The Contractor may accept such offer expressly in writing, or alternatively, shall be deemed to have accepted the offer by performing the Services specified in the Order.

2.3 The Contractor is deemed to have understood the nature and extent of the Services and to have inspected the Premises, and the University shall not be under any liability in the event that the Contractor has failed to do so.”

3. Services

3.1 The Contractor shall provide the Services promptly and in accordance with any times specified in the Contract. Time of performance is of the essence of the Contract.

3.2 The Services shall be provided using:

3.2.1 due skill and care to the highest industry standards; and

3.2.2 skilled personnel who are properly trained and supervised.

4. Contractor’s Status

4.1 The Contractor shall not act as the University’s agent, employee or partner in performing the Services and no provision of these Conditions shall be deemed to infer an agency, partnership, or employment relationship between the Parties.

4.2 Accordingly :

4.2.1 The Contractor shall not (and shall procure that his agents and servants do not) say or do anything that might lead another person to believe that Contractor is acting as the agent, employee or partner of the University;

4.2.2 The Contractor shall not (and shall procure that his agents and servants do not), without the prior written consent of the University, commit the University to any legally binding agreement, or hold itself out as being able to commit the University, and nothing in the Contract shall impose any liability on the University in respect of any liability so incurred by the Contractor to any other person.

5. Contractor’s Personnel

5.1 If and when requested by the University, the Contractor shall provide the University with a list of names and addresses of all persons who are or may be at any time concerned with the provision of the Services or any part of them, specifying the capacities in which they are so concerned, and giving such other particulars, evidence of identity and/or other supporting evidence as the University may reasonably require.

5.2 The Contractor shall take any steps reasonably required by the University to prevent unauthorised persons being admitted to the Premises. If the University gives the Contractor notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Services, the Contractor shall take all reasonable steps to comply with such notice as soon as is reasonably practicable.

5.3 Where required by the University, the Contractor shall replace any person removed under this Condition with another suitably qualified person as soon as is reasonably practicable, and procure that any pass issued to the person removed is surrendered to the University.

5.4 Any decision of the University in respect of Conditions 5.1, 5.2 or 5.3 (including any actions or omissions of the Contractor in respect of such Conditions) shall be final.

5.5 The Contractor shall bear the cost of any notice, instruction or decision of the University under this Condition.

6. Free Issue Materials

8.1 Where the University for the purposes of the Contract issues materials free of charge to the Contractor such materials shall be and shall at all times remain the property of the University.

8.2 The Contractor shall ensure that all such materials are maintained in good order and condition, are not lost or damaged and are at all times clearly identifiable as belonging to the University. The Contractor shall use such materials solely in connection with its performance of the Contract.

8.3 The Contractor shall notify the University of any surplus materials remaining after completion of the Services and shall dispose of them as the University may direct. Waste of such materials arising from bad workmanship or negligence of the Contractor or any of his servants agents or sub-contractors shall be made good at the Contractor's expense. Without prejudice to any other of the rights of the University, the Contractor shall deliver up such materials whether processed or not to the University on demand.

7. Performance of the Services

7.1 The Contractor shall commence the Services on the date specified in the Order, and shall complete such Services by the date stated in the Order, or alternatively, shall continue to perform such Services for the period stated in the Order (whichever is applicable). For the avoidance of doubt, time is of the essence of the Contract.

7.2 The University may by written notice require the Contractor to execute the Services in such order as the University may decide. In the absence of such notice the Contractor shall submit such detailed programmes of work and progress reports as the University may from time to time require.

7.3 The Contractor shall not deliver any materials, plant, equipment or other items, nor commence any work on the Premises without obtaining the University's prior consent.

7.4 The Contractor shall have such access to the Premises as it shall reasonably require in order to carry out the Services (whether or not any other works are being carried out at the Premises at the same time). The Contractor shall have no right of exclusive access to the Premises and the Contractor shall co-operate with such other persons requiring access to the Premises, as the University shall reasonably require.

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

7.5.1 the removal from the Premises of any materials which in the opinion of the University are either hazardous, noxious or not in accordance with the Contract; and/or

7.5.2 the substitution of proper and suitable materials; and/or

7.5.3 the removal and proper re-execution of any work, notwithstanding any previous test and/or inspection thereof or interim payment, which, in respect of materials and/or workmanship, is not in the University’s reasonable opinion in accordance with the Contract.

7.6 On completion of the Services the Contractor shall remove its plant, equipment and unused materials and shall clear away from the Premises all rubbish arising out of the Services and leave the Premises in a neat and tidy condition.

8. Audit

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

9. Price and Payment

9.1 The University shall pay the Contractor the Contract Price for the provision of the Services.

9.2 The Contract Price shall be 'net', that is, after deduction of all agreed discounts. It shall include the cost of packaging, packing materials, addressing, labelling, loading and delivery to the addresses named in the Contract or Order. The University shall seek to encourage genuine early settlement discounts and these together with the amount of any duty in addition to the Contract Price (including but not limited to Value Added Tax) shall be shown separately in both the Contract and any invoices rendered by the Contractor.

9.3 The Contract Price shall include all royalties, licence fees or similar expenses in respect of the making, use or exercise by the Contractor of any invention or design for the purpose of performing the Contract.

9.4 All of the Contractor’s invoices shall be rendered on the Contractor’s standard form invoice and shall be clearly marked with the University’s order number, the name of the consignee and a description of the Services concerned. Where the Services have been rendered within the terms of an Order, payment will normally be made by the end of the month following the date of the Contractor's invoice, provided that the Contractor has, in the University’s reasonable opinion, satisfactorily performed all of its obligations under the Contract. A failure to include any of the information described above in an invoice may result in a delay in the payment of that invoice.

9.5 The Contractor shall provide the University with an advice note in respect of each complete performance of the Services and/or of any separable part thereof, such as the University may from time to time require. All advice notes, and any other relevant correspondence with the University shall be clearly marked with the University's order number, the consignee and the description of the Services concerned.

9.6 Payment terms will not be varied without the express authority of the University’s Director of Finance.

10. Intellectual Property

10.1 It shall be a condition of the Contract that the Services will not infringe any patent, trade mark, registered design, copyright or other right in the nature of intellectual property of any third party, except to the extent that such infringement is attributable to the Contractor’s use, in the course of performing the Services, of any designs, documents or other materials provided to the Contractor by the University. The Contractor shall indemnify the University against all actions, claims, demands, costs and expenses which the University may suffer or incur as a result of or in connection with any breach of this Condition.

10.2 All intellectual property rights (including but not limited to ownership and copyright) in any specifications, instructions, plans, drawings, patents, models, designs or other materials that are:

10.2.1 provided to or made available to the Contractor by the University, belong to the University and are vested in the University absolutely;

10.2.2 prepared by or for the Contractor for use, or intended use, in relation to the performance of the Contract are hereby assigned to and shall vest in the University absolutely,

and the Contractor shall not and shall procure that his servants and agents shall not (except to the extent necessary for the implementation of the Contract) without prior written consent of the University use or disclose any such specifications, instructions, plans, drawings, patents, models, designs or other material as aforesaid or any other information (whether or not relevant to the Contract) which the Contractor may obtain pursuant to or by reason of the Contract, except information which is in the public domain otherwise than by reason of a breach of this provision.

10.3 In particular (but without prejudice to the generality of the foregoing) the Contractor shall not refer to the University or the Contract nor use the University's logo or other identifier in any advertisement or other public announcement without the University's prior written consent.

10.4 The provisions of this Condition 10 shall apply during the continuance of the Contract and after its termination howsoever arising.

11. Cancellation

An Order raised by the University may be cancelled at any time by the University giving the Contractor notice in writing. A fair and reasonable price shall be paid for all work in progress and/or any part of the Services performed at time of the cancellation which is subsequently received by the University. The University shall not be liable for any loss to the Contractor including consequential loss, which arises as a result of the University’s cancellation of the Services pursuant to this Condition.

12. Termination

12.1 The Contract may be terminated at any time with immediate effect on written notice from the University without any liability for damages if :

12.1.1 the Contractor, in the reasonable opinion of the University, breaches any of terms of the Contract, either in relation to provision of the Services or otherwise; or

12.1.2 the Contractor, being an individual, or, where the Contractor is a firm, any partner in that firm shall at any time become bankrupt, or shall have a receiving order, administration order or interim order made against him, or shall make any composition or scheme of arrangement with or for the benefit of his creditors, or shall make any conveyance of assignment for the benefit of his creditors, or shall purport to do so, or if in Scotland he shall become insolvent or notour bankrupt, or any application shall be made for sequestration of his estate, or a trust deed shall be granted by him for the benefit of his creditors; or has a receiver appointed under the Mental Health Act 1983, dies or by reason of any illness (including mental disorder or infirmity), accident or injury or any other cause whatsoever becomes unable to comply with its obligations under the Contract;

12.1.3 the Contractor has any distraint, execution or other process levied or enforced on any of its property;

12.1.4 the Contractor ceases ,or appears in the reasonable opinion of the University likely or is threatening to cease to trade;

12.1.5 being an individual, is subject to a term of imprisonment whether or not suspended;

12.1.6 if the Contractor being a company shall pass a resolution, or the Court shall make an order, that the company shall be wound up (except for the purpose of amalgamation or reconstruction) or if a receiver, manager, administrator or administrative receiver is appointed (or steps have been take to appoint) over any of its assets, undertakings or income, or if the Court shall make an administration order, or if circumstances shall arise which entitle the Court or a creditor to appoint an administrative receiver or which entitle the Court to make a winding-up order or administration order or if the Contractor shall be the subject of a notice to strike off the register at Companies House ;

provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the University.

12.2 Without prejudice to Condition 12.1 the University shall be entitled (whether or not the Services or any part thereof have been accepted by the University) to avail itself of any of the following remedies at it’s sole discretion:

12.2.1 rescission of the Contract; or

12.2.2 giving the Contractor the opportunity to carry out remedial work in respect of the Services at the Contractor's expense in order that the Services comply with the terms of the Contract; or

12.2.3 refusing to accept any further performance of the Services without any liability to the Contractor; or

12.2.4 carrying out at the Contractor's expense such work as may be necessary to make the Services comply with the Contract; or

12.2.5 claiming such damages, costs and expenses as the University may have sustained in consequence of any breach of the terms of the Contract or failure by the Contractor to comply with any statutory or other legal obligations herein specified or implied by law.

These rights shall be in addition to and without prejudice to any other rights the University may have.

13. Force Majeure

Neither party shall be liable to the other for any failure to perform its obligations under the Contract where such performance is rendered impossible by circumstances beyond its control, but nothing in this Condition shall limit the obligations of the Contractor to use his best endeavours to fulfil his obligations under the Contract.

14. Warranties

The Contractor warrants the University that the Services will be performed by appropriately qualified and trained personnel with due care and diligence and to such high standard of quality as it is reasonable for the University to expect in all the circumstances.

15. Indemnities

The Contractor agrees to indemnify the University against all actions, claims proceedings, liabilities, costs, expenses, loss or damage of whatsoever kind (including legal fees) sustained by the University in respect of or arising out of any breach of the warranties and/or any breach of the obligations under the Contract.

16. Insurance

16.1 The Contractor shall insure against his full liability under Condition 15. Such insurance by the Contractor shall be a condition precedent of the Contract.

16.2 The Contractor shall insure and keep insured for the period of the Contract and procure that any of his sub-contractors shall likewise insure to the extent required under Condition 15 to £1,000,000 on any one claim and unlimited liability in respect of a period of insurance or public liability policy.

16.3 The Contractor upon request shall produce to the University or cause any sub-contractor to produce documentary evidence that the insurance is properly maintained with a reputable insurer.

16.4 If the Contractor defaults in insuring, the University may itself effect insurance and charge the cost together with an administrative charge of 5% to the Contractor.

17. Transfer and Sub-Contracting

17.1 The Contract is personal to the Parties, and neither of them may assign, mortgage, charge, transfer or otherwise dispose of any of its rights under the Contract (whether in whole or in part).

17.2 The Contractor shall not sub-contract the whole or any part of its obligations under the Contract without the prior written consent of the University.

18. Confidentiality

The Contractor, his employees and agents shall treat the Contract and all designs, drawings, specifications and information supplied therewith as confidential and shall not disclose the same to any third party without the University's written consent or infringe any copyright, patent, trade mark, trade name or registered design vested in the University. All materials, drawings, patterns, gauges, samples, specifications and other technical data prepared by the University in connection with the Contract shall be the University's property and the University may reproduce and use the said items freely for any purpose whatsoever.

19. Notice

Any notice required to be given in writing under the Contract shall be sent by telex, facsimile or by first class post, addressed to the address of the party for which it is intended shown on the Order or to such other address as may be notified in writing in accordance herewith for the purposes and shall be deemed to have been received in the case of a telex or facsimile upon transmission and in the case of a letter forty-eight hours after posting. In proving service by letter it shall be sufficient to show that the envelope containing the notice was properly addressed and stamped and duly posted.

20. Waiver

No failure or delay on the part of the University to exercise any of its rights under the Contract shall operate as a waiver thereof nor shall any single or partial exercise of any such right preclude any other or further exercise thereof. Any waiver by the University of any breach by the Contractor of any of his obligations under the Contract shall not affect the rights of the University in the event of any further or additional breach or breaches.

21. Validity

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

22. Dispute

Any dispute arising under or in connection with the Contract or the supply of the Services shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated upon the application of either party by the President for the time being of the Law Society in accordance with the Arbitration Acts 1950 - 1979. The arbitrator's decision shall be final and binding on both parties. Costs shall be in the award of the arbitrator.

23. Corrupt Gifts

In connection with this or any other Contract between the Contractor and the University, the Contractor shall not give, provide, or offer to the University’s staff and agents any loan, fee, reward, gift or any emolument or advantage whatsoever. In the event of any breach of this Condition, the University shall, without prejudice to any other rights the University may possess, be at liberty forthwith to terminate this and any other Contract and to recover from the Contractor any loss or damage resulting from such termination.

24. Variation of Conditions

24.1 The Services shall be supplied in accordance with these Conditions. Any conditions which the Contractor may seek to impose and which in any way add to, vary or contradict these Conditions shall be excluded and not form part of the Contract, unless each of such conditions has been specifically agreed to in writing by the University.

24.2 Acceptance of an Order will be deemed to bind the Contractor to these Conditions and the Services shall not be supplied or performed by the Contractor, his employees, agents or representatives, except in accordance herewith. The Contractor's Conditions of Sale do not form part of the Contract.

25. Entire Agreement

These Conditions together with those documents comprising the Contract constitute the entire agreement between the Parties in relation to its subject matter and supercede all prior agreements and understandings or discussions between the Parties other than representations made fraudulently.

26. Legal Requirements

26.1 The Contractor shall carry out the obligations of the Contract in a manner that conforms with any relevant laws, regulations, directives or other legal requirements or obligations in force from time to time.

26.2 Without limitation to Condition 26.1, the Contractor shall conduct itself in accordance with all legal requirements in force from time to time relating to equality of opportunity and discrimination.

27. Third Party Rights

For the avoidance of doubt, nothing in these Conditions shall confer on any third party any benefit or right to enforce any provision of the Contract.

28. Law

The Contract shall be considered as a contract made in England and subject to English Law.…...

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...It is likely clear to Jennifer that Carter Cleaning Company could benefit by adding some structure to the interview process. However, it may not be clear to the Managers who have been hiring based on gut feeling. Most people like to believe they are good at “judging people.” They can get a “feel for people” and “can tell if they are honest.” The number of time I have heard these things from store managers, I cannot count. So I would advise Jennifer to build some buy-in, before she starts down this road. She needs to help the managers see what’s in it for them. She can start be asking the managers who happens when they have unplanned turnover or an open position. The answers will certainly include issues like the manager has to pick up the slack; store operations suffer; other employees have to pitch in; the manager has to “start all over” training someone new. If Jennifer can help the managers see that adding structure to the interview process can help reduce the turnover that causes them all the issues they themselves identify, she will have a great rate of acceptance. She should let the managers know that she values their opinions and values their help developing the new interviewing standards and tools. Jennifer needs to answer three questions. How will the interviews be structured? What will the interview consist of – content? How will the interview process be administered? (P. 230) For a business such as Carter’s, with relatively inexperienced interviewers...

Words: 718 - Pages: 3

Premium Essay

Cleaning Pennies

...expected the vinegar to clean the pennies instead it made it rusty in the last trial when it was for 24 hours. Experiment Hypothesis Orange juice on one set of pennies and vinegar on another set of pennies in separate containers will make you ask which liquid will clean the pennies is it the orange juice or vinegar? Answer to testable question: I mention before we did three trials of this experiment and I noticed that the orange juice gave the pennies a cleaning effect on all three trials. The vinegar seems to give the pennies a hard on trial #3 after 24 hours. Experiment Details Independent Variables On Trial#1 we started off with glass cups and the results were the Simply Orange juice and the Heinz vinegar actually cleaned the pennies. Trial #2 The Simply Orange Juice and the Family Gourmet vinegar cleaned the pennies and Trial #3 the Simply Orange Juice cleaned the pennies while the Family Gourmet vinegar rusted the pennies. Dependent Variables The time it took for these pennies to show a cleaning effect on all three trials was 24 hours based on the types of liquids that were being used. Controlled Variables The variables we kept the same on all trials were greenish-blue pennies are made out of copper. Simply Orange Juice and the white all-purpose vinegar from Heinz was used in trial #1, and on trials #2 and #3 we used Family Gourmet Vinegar we used Simply Orange Juice. The measurements used in all trials were the time was from a digital clock.......

Words: 1593 - Pages: 7