Final
Contract ID: 25044
Contract Title: Waste Management
Substances including Hazardous Waste
of
Unknown
Procurement Contact: Carol Caddick
25044 – Provision for Removal of Unknown Substances
Page 1
Final
Our Ref:
25044
Date:
17 September 2012
Dear Sirs,
Ref:
25044
Title: Waste Management of Unknown Substances including Hazardous
Waste
Further to the pre-qualification documents submitted by your company for the above
tender opportunity, the Environment Agency is pleased to invite you to submit tender
documents for this contract in accordance with the enclosed documents. Your tender
should be returned as set out in the Instructions to Tenderers section.
Please take time to read the documents carefully to understand the specification, the
service levels required and the terms and conditions. Please confirm, by email,
receipt of these documents and whether you intend to submit a tender to
[email protected]
If you have any technical queries regarding this tender please contact Julie Lillie via
email [email protected]. For all other queries, please contact
me on the email address below.
Tenders must be returned no later than 12 noon on 31 October 2012.
Documents returned after this date may not be considered. The email address for
the return of tenders is different from above and is stated in the tender documents.
Yours faithfully,
Carol Caddick
Senior Procurement Officer
E-mail: [email protected]
Telephone:
01925 542916
25044 – Provision for Removal of Unknown Substances
Page 2
Final
The Environment Agency, Operations Procurement North, P O Box 12, Richard
Fairclough House, Knutsford Road, Warrington, WA4 1HT
Introduction to the Environment Agency
The Environment Agency is an Executive Non-departmental Public Body responsible
to the Secretary of State for Environment, Food and Rural Affairs and an Assembly
Sponsored Public Body responsible to the Welsh Assembly Government.
Principal aims are to protect and improve the environment, and to promote
sustainable development. The Environment Agency plays a central role in delivering
the environmental priorities of central government and the Welsh Assembly
Government through its functions and roles.
Structured into 8 regions and 22 areas, further information regarding us and our
activities can be obtained from our website www.environment-agency.gov.uk.
General Information
The Environment Agency’s Vision is to create a better place for people and wildlife
and the latest Corporate Strategy identifies five key areas:





Act to reduce climate change and its consequences
Protect and improve water, land and air
Work with people and communities to create better places
Work with businesses and other organisations to use resources wisely
Be the best we can
Business Link
Are you up to date on environmental legislation? Make sure you are legally
compliant. Visit the Business Link website to receive free guidance on environmental
regulations:
You can also visit the Business Link pages for free guidance on how to buy
sustainable good and services.
25044 – Provision for Removal of Unknown Substances
Page 3
Final
1. Framework Strategy
1.1
Services Required
Incident Response
The Environment Agency requires a National Framework Contract to provide a
response to pollution incidents, particularly where a spillage or fly-tipping has
occurred. Contractors may also be called upon to provide support for larger scale
incidents over a longer period of time to assist with the containment, removal and
final disposal of wastes where a risk of pollution has been identified from either
materials on site or from sources used to control the incident such as fire water, oil
containment booms etc.
Incidents may involve a number of parties, such as emergency services, hauliers,
local authorities, other Agencies and landowners etc, each with different roles to play.
The Environment Agency takes responsibility for dealing with waste management
issues arising from an incident where the polluter or landowner has not or are yet to
be been identified or when timely intervention is required to manage an actual or
potential pollution incident. Timely intervention is where the substance is unknown
and could be potentially hazardous and / or where there is potential significant risk to
the environment and / or Human Health.
Clearance of Illegal Waste Sites
Whilst the primary focus of this framework is to ensure the Environment Agency can
robustly respond to pollution incidents, service providers could also be asked to
assist with the clearance of illegal waste sites, including buried waste, on our behalf.
The Environment Agency may be requested to clear sites that have been abandoned
or when timely intervention is required to manage an actual or potential pollution
incident arising from a site where the owner fails to clear in a timely manner. Sites
can range in size, have often been operated illegally, managed poorly, contain a
large variety of wastes which may require identification, may be hazardous or require
specialist disposal.
.
1.2
Framework Strategy
It is anticipated that a minimum of two contractors will be awarded a contract under
each of the geographic / technical lots to ensure sufficient resources are available to
support incident response. Suppliers will be invited to place bids for individual or
multiple lots where they feel they can provide a high standard of sustainable service.
1.3
Operation of the Framework
Due to the emergency nature of Technical Lots 1 and 2 work will be allocated on a
direct award basis as services are required to suppliers appointed to the appropriate
geographic lot.
25044 – Provision for Removal of Unknown Substances
Page 4
Final
For Technical Lot 3 it is anticipated that work will be awarded as follows:
1.
2.
Expected out turn value under £10,000 – allocated on direct award basis.
Expected out turn value over £10,000 – Mini Competition between a minimum
of two suppliers under the Geographic/Technical Lot. This may take the form
of a desktop exercise based on the rates submitted in Appendix C if deemed
appropriate and award value is expected to be under £25,000. For awards
expected to exceed £25,000 it is anticipated a full mini-competition exercise
will be held between all suppliers under the Geographic/Technical Lot.
For Technical Lot 4 it is anticipated that work will be awarded as follows:
1.
2.
Expected out turn value under £15,000 – allocated on direct award basis.
Expected out turn value over £15,000 – Mini Competition between a minimum
of two under the Geographic/Technical Lot. This may take the form of a
desktop exercise based on the rates submitted in Appendix C if deemed
appropriate and award value is expected to be under £50,000. For awards
expected to exceed £50,000 it is anticipated a full mini-competition exercise
will be held between all suppliers under the Geographic/Technical Lot.
Tenderers should be aware that there is no guarantee as to the volume or value of
work, or that any work will be awarded under this contract.
1.4
Framework Term
It is anticipated that the contract will commence in January 2013 and suppliers will be
offered an initial two year contract. Up to a further 2 x 12 month optional extension
periods may be offered subject to satisfactory performance by the supplier,
potentially extending the contract to January 2017.
1.5
Procurement Process
Respondents will be evaluated against the information provided in the tender
documents, the pricing schedules and the additional information requested.
Returned Tender documents will be assessed and a short list will be formed. As part of
this process it is likely we will be further assessing the capability of your organisation
through interviews / presentations and potentially site visits.
Key elements of the process have been reviewed and the planned activities and the
revised timescales are:
No.
Activity
Return of PQQ
Issue Final Tender
Return of Tenders
Award Contracts
Date
16/03/12
17/09/12
31/10/12
January 2013
It should be noted that these timescales might be subject to change.
1.6
Evaluation Criteria
25044 – Provision for Removal of Unknown Substances
Page 5
Final
Tenders will be evaluated using a 50:50 Quality:Cost criteria to achieve the best
value for money for the Environment Agency.
The quality criteria headings will be weighted as follows:

Management and Resources
30%

Technical Competence and Experience
40%

Health, Safety and Wellbeing
15%

Environment and Sustainability
15%
25044 – Provision for Removal of Unknown Substances
Page 6
Final
2. Specification
Ref:
25044
Title: Waste Management of Unknown Substances including Hazardous
Waste
2.1 Service Provision Area
Geographic
Cover is required geographically, for a number of Regional boundaries and differing
levels of technical support.
Services may be required in a wide range of environments including but not limited to
industrial, urban, semi-rural, rural, riverine, coastal and marine.
It is anticipated that the Framework will be divided into the following geographic lots:
North of England (excluding Scotland)
Midlands and Anglian
South East England
Maps of the areas to be covered are available in Appx A
Technical
It is anticipated that the geographical lots will be further sub-divided into technical lots
based on the levels of cover require. It is expected that a maximum of two suppliers
be allocated to each area/lot to ensure adequate resources to provide the necessary
geographical coverage are available.
Bids are invited for all or any of the areas / technical lots listed below where a high
level of professional service can be provided by the Tenderer.
1.
Lot
Emergency Incident Response
2.
Emergency Fly Tipping Clearance
3.
Non-Emergency Incident Response
4.
Waste Site Clearance
Service Response Times
Within 4 hours 24/7 365
days per year
Within 4 hours 24/7 365
days per year
Within 24 hours during
working hours 52 weeks per
year
Project Specific
Bids will be accepted from suppliers who are able to provide coverage either for
individual regions / lots or on a national basis. Where a nationwide service is offered,
tenderers will be required evidence their ability to provide the required response
times and minimise the sustainability impacts associated with mileage and fuel
consumption.
25044 – Provision for Removal of Unknown Substances
Page 7
Final
2.2 Agency Customers
The area Environment Management Teams (EM) of the Agency will issue
instructions and will undertake all day to day contact with contractors for Technical
lots 1 – 3.
The internal contact for Lot 4 has yet to be agreed but will be advised on contract
award.
2.3 Scope
The range of professional services required will include but are not limited to:
2.3.1
Incident Response
Scope of Services













Production of site and incident specific risk assessments
Isolation of unknown waste materials (i.e. liquid or solid materials), to contain
and make secure.
Identification of unknown waste materials
To contain, transport and effect safe disposal of firewater at an appropriate
treatment site
To contain, transport and safe disposal of oil based product spills, including
fuels. It is preferred that contractors should be UK Spill (or similar recognised
scheme) accredited before being contracted to work on behalf of the
Environment Agency where the incidents are oil related.
Removal, handling and transportation of wastes and / or clean up materials in
accordance with all current legislation (including the production of Duty of
Care Transfer Notes and/or Hazardous Waste Consignment Notes for every
waste movement)
Safe and segregated storage both on and off site, including storage of waste
to be used as prosecution evidence
Sampling
Analysis
Appropriately permitted disposal/treatment in accordance with the Waste
Hierarchy
Provision of chain of custody, recording systems and certifications
Provision of reports for internal Environment Agency use and for use in
criminal prosecution if required
Other related services as required
2.3.2 Incident Response Health and Safety
The following actions will be undertaken at an incident in the presence of an Agency
Representative.
All contactors must carry out their own risk assessments and are responsible for their
own and any sub-contractors Health & Safety
Prior to carrying out any works on behalf of the Agency in relation to dealing
with incidents the attached CONTRACTOR PRE-COMMENCEMENT FORM
(Appendix B) must be completed by the appropriate representatives of the Contractor
and the Environment Agency. Contractors should ensure copies of this form are
available to take to incidents they are dealing with on behalf of the Agency.
The provisions of Health and Safety legislation are to be observed at all times and
any identification on fly-tipped waste must not be relied on as accurate descriptions
25044 – Provision for Removal of Unknown Substances
Page 8
Final
when conducting a risk assessment. Containers often hold substances that are not
their original contents.
Extreme caution should be exercised when handling, loading, transporting and
storing as materials may exhibit a range of hazardous properties. Waste may
present any combination of caustic, corrosive, flammable, toxic, explosive, infectious,
carcinogenic, mutagenic or teragenic properties and may be classified as hazardous
waste.
The contractor is to liaise with the Agency representative over Health and Safety
issues. Site specific risk assessments are the responsibility of the contractor and are
to be undertaken in every instance.
Ideally Suppliers should be members of a recognised accreditation scheme such as
BS OHSAS 18001, Safe Contractor etc and be able to evidence a strong safety
record and commitment to continuous improvement.
The Framework Manager must be informed immediately of any Health and Safety
breeches whilst undertaking work for the Environment Agency or if any HSE
investigations or prosecutions result from similar activities undertaken for other
clients.
2.3.3 Incident Response Actions
These fall into two categories
 Immediate , emergency and on-site actions

Follow up risk assessment and off-site actions
2.3.3.1
Immediate and on-site actions
The following will be undertaken by the contractors in the presence of and in
consultation with the relevant Regional representative.
Access and egress
Access and egress to sites and premises will be performed without damage to third
party property and in accordance with directions of the Agency or emergency
services that facilitates safe, legitimate access. Where appropriate the Agency will
ensure that the provisions of Section 108 of the Environment Act 1995 are fulfilled
prior to access to the site.
Site and Incident Specific Risk Assessments
Site specific risk assessments are the responsibility of the contractor and are to be
undertaken in every instance and a copy provided to the Agency representative.
Isolation of Waste Substance
Isolation of hazardous and non-hazardous wastes in the form of liquid or solid
substances will be essential to minimise the risk of any spillage or contamination.
The containment of any spillage must be given priority. As required the Contractor
will assist Agency staff to ensure any Sites are appropriately cordoned off for public
safety. On-site sampling of any spillage should be done, where feasible prior to
arranging collection and storage, pending disposal.
Handling of Waste Substance
Handling procedures must ensure that the condition of any material evidence is
preserved and enables further enquiries to be conducted. Evidence will include a
sample of the waste substance, labelling, packaging, containers, stencilled markings
or any description documentation affixed to containers or in the vicinity. Full liaison
with local Environment Agency representative is to be maintained.
25044 – Provision for Removal of Unknown Substances
Page 9
Final
Recording systems
Recording systems must clearly mark and label waste substances before removal
from the site in order to allocate a unique identity that may be referred to at a later
date.
2.3.3.2
Follow up and off- site action
Transportation
Transportation of waste substances and/or associated containers will prevent any
further spillage or escape of the contents and be in accordance with the relevant
legislation.
Storage
Appropriately permitted storage facilities may be provided by the contractor on their
own premises or on third party’s premises as notified to the Agency.
Waste substances shall be stored on suitable premises in accordance with
legislation on the safe storage of the relevant material
Any premises to be used must have a secure area, providing containment
including an impervious pavement and sealed drainage where the waste is
to be held.
The contractor shall ensure the segregation of the collected material from
other materials stored on the site.
Storage facilities shall be available for inspection prior to the
commencement of the contract and upon request for ongoing monitoring
by the Agency’s representative(s)
Sampling
Sampling will be upon receipt of instruction from the Agency, who will specify the
number of samples to be gathered.
If the container is small, the contents, liquid or solid may be decanted.
The contents level of any container will be measured prior to sampling for
analysis
Equipment for extracting samples will be sterilised prior to use to avoid
contamination.
A random selection of at least ½ litre of liquid waste over the entire depth
of the contents will be made.
If there are distinct layers of liquid waste a random selection of at least ½
litre will be taken from the middle of each layer.
The quantity of the random selection of solid waste shall be made
according to the granular size of the waste.
25044 – Provision for Removal of Unknown Substances
Page 10
Final
Various sample containers, bottles or plastic bags, may be used,
depending on the nature and quantity of the waste. Containers must be
sealable.
All samples are to be immediately sealed and identified. The seal shall
bear a unique reference number.
Access to samples should be impossible without breaking the seal or the
container.
Any spillage from sampling must be contained and disposed of in
accordance with current legislation.
Sample integrity shall be maintained within the chain of custody as in
2.3.3.3
Recording Systems.
Analysis
Analysis by contractors shall only be undertaken at UKAS accredited laboratories
which have been notified and approved by the Agency.
Analysis reports shall be obtained and provided as evidence within the
chain of custody.
Analysis shall identify waste substances and if appropriate, the waste
status under the Hazardous Waste Regulations 2005 and all subsequent
amendments.
Analysis reports are required by the Agency once completed, usually within
10 working days of sampling.
Sample material remaining following analysis or undisturbed samples shall
be stored securely and a record of custody retained for evidence
Samples or part samples shall be retained until disposal is advised by the
Agency
Recording and Reporting Systems such as Contractor’s markings should
not interfere with or obscure any labelling or stencilling that already exists
and is to be preserved as evidence.
Chain of custody shall be maintained, naming person(s) responsible for
movement, storage, security, sampling, analysis, reporting and disposal of
materials and samples following analysis
Contractors are required to provide this information in a standard
Environment Agency format, which will be advised to the successful
Tenderer at the implementation meeting
Contractors shall also provide Witness Statements, under Section 9 of the
Criminal Justice Act 1967, Rule 70 of the Magistrates Courts Rules 1981
and section 5A and 5B of the magistrates’ Court Act 1980, to provide
evidence of this chain of custody
25044 – Provision for Removal of Unknown Substances
Page 11
Final
Detailed Incident Reports shall be submitted to the Agency within fourteen
working days. Reporting and investigation mechanisms must define the
allocation of appropriate roles and responsibilities and be applicable to all
incidents on the standard form
2.3.3.4
Disposal
Disposal of waste materials and substances and/or their containers,
including samples of waste retained as evidence shall only be disposed of
at appropriate permitted facilities and upon direction by the agency.
Contractors shall advise the Agency of details of the facility to be used
prior to disposal.
Where analysis confirms waste as hazardous material all handling and
disposal shall be in accordance with the Hazardous Waste Regulations
2005 and all subsequent amendments.
Certification of destruction is to be provided to the Agency within 5 days of
final disposal. Following final disposal the contractor is to provide the
relevant duty of care documents.
2.4.1
Waste Site Clearance
Whilst clearance of illegal waste sites is not the responsibility of the Environment
Agency, we may become involved if no other alternative can be found and / or there
is a significant risk to human health or the environment.
To date our activity in this area has been minimal but the increasing frequency and
nature of illegal sites being encountered may require the Agency to have appropriate,
competent contracting arrangements in place for the future as a contingency
measure.
The nature of these sites is uncertain and may range from single identifiable wastes
such as tyres up to complex large scale multiple waste stream sites requiring
identification. Wastes may include solids, liquids, non-hazardous, hazardous and
specialist wastes. Tenderers will be required to provide evidence of the ability to
provide the services listed in 2.3 above and some or all of the services below, as is
deemed necessary for individual sites. Early involvement may be required to provide
initial identification of wastes or where a potential hazard requires clearing as a
priority.
Scope of Services





Project management of site clearance including planning, clearance, final
disposal of wastes, managing sub-contractors, liaison with stakeholders,
Health and Safety, compliance with all necessary regulations and other
project management duties deemed necessary for the site.
Provision of manpower, plant and equipment to undertake investigation and /
or clearance
Site assessment, including identification of wastes present on site and
proposed methods of clearance
Site specific risk assessments
Isolation of unknown waste materials (i.e. liquid or solid materials), to contain
and make secure.
25044 – Provision for Removal of Unknown Substances
Page 12
Final








Clearance, sorting, handling, transportation and disposal in accordance with
all current legislation (including the production of Duty of Care Transfer Notes
and/or Hazardous Waste Consignment Notes for every waste movement)
Safe and segregated storage both on and off site, including storage of waste
to be used as prosecution evidence
Sampling
Analysis
Appropriately permitted disposal/treatment in accordance with the Waste
Hierarchy
Provision of chain of custody, recording systems and certifications
Provision of reports for internal Environment Agency use and for use in
criminal prosecution if required
Other site clearance services as required
2.5 Service and Account Teams
Companies should be able to demonstrate that they have access to a qualified
chemist throughout the framework term who has capacity as when required to assist
the service team. For Lots 1 & 2 this should include out of hours cover. Evidence of
qualification may be sought prior to contract award and any changes of personnel
during the contract must be notified to and agreed by the Framework Manager
immediately.
Specialist staff, including sub-contractor employees, to be employed on this contract
should have the appropriate experience and professional qualifications for their role.
All staff, including sub-contractor employees, to be employed on this contract must
hold the necessary statutory licences, permits and qualifications to carry out their
allocated role. Evidence may be requested prior to work packages being awarded or
at any time during the contract period by the Framework Manager.
Suppliers will be required to evidence a high level of health, safety and wellbeing in
their employment policies and practises including those of their sub-contractors
where used.
2.6
Licences and Certification
Companies and their sub-contractors must currently hold the appropriate mandatory
licences, permits and certification to provide the services under the specific technical
lot applied for. This includes any statutory accreditations or certification to a
recognised industry scheme required to undertake the clearance of specific
hazardous materials e.g. asbestos. The contract will commence immediately upon
final confirmation of award and will not be delayed pending applications for licences,
permits or certification.
The Contract Manager must be informed immediately if any licences, permits or
certificates held by the company or their sub-contractors used on the contract, are
withdrawn, have restrictions imposed or are subject to investigation or prosecution.
A copy of the necessary documentation will need to be returned with your tender
submission if not already supplied at Pre-qualification and should be available for
further inspection at any time during the contract term. Copies of new or amended
documents issued during the contract term should be forwarded to the
Framework Manager to be kept on file.
25044 – Provision for Removal of Unknown Substances
Page 13
Final
2.7
Quality
The Agency is committed to improving the service it provides to the public and our
partners. This policy extends to the major and key suppliers of goods and services to
the Agency. Ideally Suppliers should hold a recognised Quality Assurance
accreditation and / or be members of an industry recognised accreditation schemes
and be able to evidence commitment to continuous improvement.
It is preferred that suppliers contracted to respond to oil related spillage incidents be
a member of UK Spill or similar recognised scheme.
A copy of your current certification must be returned with your submission
2.8
Health Safety and Environmental (HSE)
The Agency is committed to high standard of Health and Safety for our own staff and
the contractors we employ. Suppliers will required to evidence a high standard of
Health and Safety awareness and management both within your own organisation
and of any sub-contractors you may use.
Ideally Suppliers should be members of a recognised accreditation scheme such as
BS OHSAS 18001 or industry scheme e.g. Safe Contractor or similar and be able to
evidence a strong safety record and commitment to continuous improvement.
It is the Contractor’s responsibility to provide the Personal Protective Equipment
(PPE) required to protect their employees in their duties and ensure any subcontractors carry the same responsibility. The Agency will not be responsible for any
additional costs arising from the failure of either the Supplier or their sub-contractor to
provide the correct equipment for the task to be undertaken.
The Agency seeks to embed the environmental principle of sustainability in all
contracting activity. In addition to vigorously pursuing its statutory responsibilities in
protecting the environment, the Agency will aim to establish and demonstrate wise
environmental practice in all its activities.
The Agency manages its activities in accordance with the Environmental
Management System ISO 14001 standard. All contractors will be required to adhere
to these standards for all activities undertaken. A copy of the relevant Environmental
Policy will be provided to the successful contractors at the implementation meeting.
The promotion of this policy will be embodied within this framework. Ideally suppliers
should be members of suitable, recognised accreditation schemes such as ISO
140001 and / or other appropriate industry schemes and be able to evidence
commitment to continuous improvement.
A copy of your current certificates must be returned with your tender submission for
any accreditations held.
Waste management and disposal has a high environmental impact and the
Environment Agency is committed to reducing our impacts in this area. Tenderers
will be required to evidence a high level of environmental management at all stages
of contract activity and will be encouraged to provide practical, innovative solutions to
minimise the impacts of providing the services required.
25044 – Provision for Removal of Unknown Substances
Page 14
Final
Tenderers should be aware that the Agency will operate a ‘Red Card’ system to
monitor supplier performance under this contract with regard to HSE matters. Details
of how this system will operated can be found in Appendix B.
2.9 Framework Management
The Environment Agency requires close liaison with its suppliers. Contractors will
nominate a single account manager, from within their organisation, to be responsible
for managing the framework and for providing information and progress reports to the
Agency.
Framework contractors will be required to jointly agree a structured performance
management process, including Supplier Performance Measures (SPM) any relevant
escalation procedures, with a documented approach to driving continuous
improvement and innovation, and appropriate supplier performance measures.
Framework Management will be undertaken by the Contractors Framework
Managers and the Agency’s Framework managers in its Environmental Management
and Procurement departments. The relevant contact details will be exchanged at the
initial Framework Implementation meeting.
Framework review meetings will be held on a six monthly basis (if services are
provided during that period), for the first year and on an annual basis, subject to
suitable performance, in subsequent years. The location is to be agreed but is
expected to be in the Newcastle upon Tyne area. Implementation meetings will be
held at request of either party.
2.10 Framework Reports
Framework reports shall be submitted to the Contract Supervisor on a quarterly
basis, no later than one month after the end of the quarter, or as deemed necessary
by the Contract Supervisor, through the life of the agreement. Reports shall include
the following information as a minimum:
 Number of incidents attended, samples taken, analyst reports issued and
outstanding.

Quantities and types of materials collected, materials in storage, waste delivered
for disposal (including final disposal routes)

Regular reports around waste streams and % of targets achieved

Details of all disposal facilities used with waste types and disposal routes.

Details of spend and invoicing per quarter.

Performance against EA service level requirements
Samples of the types of reports you can provide as part of the contract should be
provided with your tender submission
2.11 Service Records
Contractors shall maintain records, to the satisfaction of the agency of all expenditure
reimbursable by the Agency, identifying hours worked and costs incurred and shall if
requested, allow the Agency access to these records.
2.12 Conflict of Interest
Contractors are to inform the agency immediately they become aware of any existing
or potential conflicts of interest, whereupon the agency may at its sole discretion
withdraw specific instructions where it is deemed appropriate.
25044 – Provision for Removal of Unknown Substances
Page 15
Final
2.13 Sub-Contracting
Suppliers will be responsible for ensuring the competence and suitability of any subcontactors they employ against this contract, including but not limited to statutory
requirements, health and safety, environmental, general behaviour and service levels
provided. Suppliers will be required to accept liability for any sub-contractors
employed by them and hold adequate insurance provision.
2.14 Conditions
The Environment Agency’s standard terms and conditions of contract for the supply
of services will apply.
2.15 Insurance
Suppliers will be required to provide evidence that they hold the appropriate type and
levels of insurance to carry out their obligations under this contract, including liability
for sub-contractors. Suitable insurance must be held for the term of this contract and
further evidence may be requested at any time during the contract. Any reduction in
cover or restrictions imposed must be advised to the Framework manager
immediately.
Insurance cover must be provided for the following as a minimum:
Professional Indemnity
Public Liability
Employee Liability
Motor Vehicle
Other as required
Details of the cover held and copies of the appropriate certificates must be returned
with your submission
2.16 Orders
Due to the emergency nature of lots 1-2, it is intended that a call-off purchase order
will be issued to successful Tenderers at the start of the contract and must be quoted
on all invoices.
For non-emergency services under £5,000 inc Vat the preferred method of payment
is Government Procurement Card (GPC) operated by MasterCard. If GPC is not
used, suppliers must ensure a purchase order is received before issuing invoices.
Orders may be placed by phone, mail, or fax. Invoices are to be submitted monthly
for ongoing services, or following confirmation of final disposal for one off
requirements. Invoices should be sent to the invoicing address on the official
purchase order and accompanied by supporting details:
Agency Purchase Order Number (unless GPC used)
Number of hours worked on each job, broken down by service and staff categories
Analysis costs
Mileage costs
Storage costs
Disposal costs
Any other agreed costs arising as may be identified in tender submission.
2.17 Data Protection Act addendum to specification
Protection of Personal Data
In order to comply with the Data Protection Act 1998 the contractor must agree to the
following:
25044 – Provision for Removal of Unknown Substances
Page 16
Final
You must only process the personal data in strict accordance with instructions from
the Environment Agency.
You must ensure that all the personal data that we disclose to you or you collect on
our behalf under this agreement are kept confidential.
You must take reasonable steps to ensure the reliability of employees who have
access to personal data.
Only employees who may be required to assist in meeting the obligations under this
agreement may have access to the personal data.
Any disclosure of personal data must be made in confidence and extend only so far
as that which is specifically necessary for the purposes of this agreement.
You must ensure that there are appropriate security measures in place to safeguard
against any unauthorised access or unlawful processing or accidental loss,
destruction or damage or disclosure of the personal data.
On termination of this agreement, for whatever reason, the personal data must be
returned to us promptly and safely, together with all copies in your possession or
control.
3.
Costs
Rates submitted in Appendix C2 and C3 should remain fixed for a minimum of twelve
months from contract award date and suppliers are requested to advise how long
after this date they are able to fix their rates. Any subsequent rate review will be
subject to negotiation between the Contractors and the Agency, following three
months written notice from the Contractor. Any increase in rates shall be negotiated
based on documented evidence of why an increase is sought and that the rates
continue to provide value for money. Any increases submitted will be subject to
Agency acceptance. Where cost savings are identified during the term of the
contract, these will be notified to the Agency Framework manager and applied
accordingly once agreed.
Suppliers should provide details in their submissions if they are willing to offer
discounted rates for award of more than one lot, if rebates based on volume of spend
are available, or reduction of base rates for extended incident support where longer
term commitment is required, for example if an incident is ongoing for more than 24
hours or any other options.
Technical Lots 1 – 3, Incident Support and Fly-tipping, Tenderers are required to
complete the attached schedule of rates in Appendix C2 and also provide costs for
the incident scenarios provided in Appendix D. If you are submitting rates for
Technical Lot 3 only, this should be clearly stated. The rates you submit against the
incident scenarios will be used to evaluate your company under the Cost criteria for
these Lots.
Lot 4 – Waste Site Clearance, Tenderers are requested to complete the attached
schedule of rates in Appendix C3 and provide a cost breakdown for the scenario
provided in Appendix D. This cost breakdown will be used to evaluate your company
under the Cost criteria for this Lot.
25044 – Provision for Removal of Unknown Substances
Page 17
Final
4.
Instructions to Tenderers
Tender Response
4.1
Method of submission
Tenderers are required confirm the receipt of these documents and confirm their
intention to submit Tenders after carefully reading the technical specification, service
requirements and the Terms and Conditions. Please send confirmation emails to
[email protected]
Tenders and supporting documentation should be returned by email to
[email protected] by noon on the 31 October
2012. Submissions received after this date may not be considered.
Large files should be zipped to reduce their size.
All emails should clearly state FAO: C Caddick - reference 25044 in the subject
box.
4.2
Information to be submitted
Please complete and return the following in electronic format. If you are unable to
return electronically, send one hard copy using the tender return label. Hard copy
tenders should be in a suitable form to be photocopied for onward distribution:
The following forms should be returned:
Pricing Schedules (Appendix C & D)
Form of Offer
Declaration of Non Collusive Tendering
Copies of insurance certificates, licences or permits requested in sections 4.3
to 4.5
Sample Reports
Sample Risk Assessment
Case Studies and associated documentation
Tenderers are required to submit the following information, set out in the same order
with the same headings as below. The information provided will be used to evaluate
your company under the Quality criteria laid out in 1.4 above.
Replies should not exceed one A4 sheet unless otherwise stated. Additional
information should not be supplied unless specifically requested and may
count against you.
4.3
Management and Resources
MR1
Communications and how these will be managed with the Environment
Agency.
Please supply the following information:
a. The name of the main contact for the Contract including details of their
qualifications, experience, office location and the length of service with the
Company.
25044 – Provision for Removal of Unknown Substances
Page 18
Final
b. Details of where Environment Agency Work Requests should be sent
c. A brief overview of communication processes for requesting out of hours
support (Lots 1 & 2 only)
MR2 Training
Please send a full training programme, listing all training courses that are undertaken
by the Response Personnel who shall service this contract
MR3 Tools and Equipment
Please provide a list of standard tools and equipment issued to Response Personnel
MR4
Quality Assurance Systems
Please provide a copy of the relevant sections your formal Quality Manual relating to
the services you intend to supply, including sub-contractor management if applicable.
Please do not send entire manuals.
MR5 Insurance
Please provide details of your current levels of insurance cover and copies of your
certification for the following:
Public Liability
Professional Indemnity
Employer’s Liability
Sub-Contractor Liability
Motor vehicle
Any other applicable for the services you intend to provide
MR6 Waste Carriers Licences
Please send up to date copies of current Licences and Permits if they been re-issued
or amended since the information you supplied for the pre-qualification questionnaire.
If no changes have occurred, please confirm this in your reply.
MR7 Prosecution or Investigations
Please advise if your company has been investigated or prosecuted for any breaches
or violations of waste regulations, licences or permits since the information you
supplied for the pre-qualification questionnaire. If no changes have occurred, please
confirm this in your reply.
If yes please supply full details of the incident and the remedial actions taken to
address the issue.
Failure to disclose material facts in reply to MR6 or MR7 above or during the contract
term may result in immediate removal from the tender process or the Framework.
MR8 Framework/Contract Reports
Please provide examples of the contract management reports your company can
provide. Examples should illustrate the ability to provide the information listed within
the specifications, spend reports and waste streams/volumes etc. If examples are not
available an explanation of what will be provided.
MR9 Sub-contractors
a. If you propose to use sub-contractors to perform part of all of a service under
this contract, where possible please provide brief details of the subcontractors you anticipate using, including company name, address and
service to be provided. The Agency retains the right to approve a sub-
25044 – Provision for Removal of Unknown Substances
Page 19
Final
contractors use or require their replacement should any breach of statutory
duty occur or due to poor performance against this contract.
b. Please describe how you propose to manage any further secondary subcontracting activity by the principal sub-contractor.
c. Please describe how you propose to monitor Waster Carrier Licences and
other permits including any issues that arise regarding prosecutions or
investigations for breaches or violations of the statutory waste regulations at
all stages of your sub-contracting chain.
MR10 The Environment Agency have the ability to use a MasterCard Government
Procurement Card to pay for services, please advise if you are able to accept
card payments using this method and any additional charges that may apply.
4.4
Technical Competence & Experience
General
TCE1 Please confirm your ability to provide response for the geographic / technical
lots in 3.4 in Appendix C.1 and provide details of the main office and depots the Lots
are to be serviced from.
TCE2 Lots 1 & 2 only - Emergency Response is an integral part of the contract, so
your response in Appendix C.1 should include approximate distances and travelling
times to each of the Lots you are bidding for.
TCE3 Response Times - provide the following details for the service:
a. The timescales and method of responding events covered by Lots 1, 2 and 3
including the number of Response Personnel available during normal working
hours e.g. weekdays 8.00 a.m. to 5.00 p.m.
b. The timescales and method of responding to events covered by Lots 1 and 2
including the number of Response Personnel available during out of hours
e.g. weekdays 5.00 p.m. to 8.00 a.m., weekends and bank holidays.
c. Lot 4 Only - please advise timescales and method of responding to requests
for site clearances.
TCE4 When responding to events covered by Lots 1, 2 and 3, please detail how
the following are managed:
a. Channels/Methods of communication, including the use of sub-contractors if
applicable
b. Where the points of communication will be based including names and
telephone numbers of contacts.
c. How out of hours communications will be managed
d. How it will be decided who attends the Site.
e. How the identity of Response Personnel will be verified on site, including subcontractors if applicable
f. What security checks are carried out on Response Personnel, including subcontractors if applicable, prior to and during their employment
g. How the Response Personnel on Site will be able to obtain advice for Health
and Safety and Technical matters during normal working hours and out of
hours, including sub-contractors if used
h. Management of sub-contractors on site and any subsequent follow up
services provided if applicable
TCE5 Please explain what would happen should any aspect previously stated in
TE4 fail:
25044 – Provision for Removal of Unknown Substances
Page 20
Final
Incident Response
TCE6 Please provide a list of the services you can provide, including numbers, type
and locations of operational staff and equipment, specialist staff and support
facilities you have access to for example, qualified chemists, laboratories, storage
sites, recycling facilities, vehicle fleet etc and whether any of these services will be
sub-contracted.
TCE7 Please advise if there are any areas of technical support in you are unable to
provide in the Lot(s) applied from the list of services required in 2.3 and / or 2.4
above.
TCE8 Case studies of similar incident response work successfully undertaken in the
past three years in which you have acted as principal contractor should be provided
as evidence of your company’s competency to undertake this type of work. Evidence
of where you have been able to bring innovative solutions, reduce costs and manage
environmental impacts should be provided as part of your submission.
A minimum of two and a maximum of four case studies should be submitted and
should be no longer than one A4 side of information each.
It would be advantageous if at least one of the examples provided for this section
where similar to one of the scenarios in Appendix C if possible
Follow Up Services
TCE9 Please provide brief details of support your company has provided for potential
prosecution evidence such as investigation, analysis, witness statements, reporting
etc.
TCE10 Please provide brief details of the storage facilities you are able to provide
where there is the requirement for retain recovered materials for possible future
criminal prosecution, including insurance provision. A sample method statement for
undertaking this activity should be provided as part of your submission.
It would be advantageous if the examples provided for this section where similar to
one of the scenarios in Appendix C if possible
Waste Site Clearance
TCE11 Please provide a comprehensive list of services, including access to subcontracted services, you are able to offer to support the requirements listed in the
specification above. Details should include numbers, type and locations of
operational staff and equipment, specialist staff and support facilities you have
access to for example, qualified chemists, laboratories, storage sites, recycling
facilities, vehicle fleet etc and whether any of these services will be sub-contracted.
TCE12 Please provide examples and method statements for two recent waste site
clearances you have successfully undertaken and complete the information
requested for the scenario in Appendix C. At least one example should illustrate your
ability to manage sites where the identification of wastes is required, there is the
potential for hazardous materials to be present and there is a requirement for
hazardous waste disposal.
Details should include:
25044 – Provision for Removal of Unknown Substances
Page 21
Final

Brief description of size and nature of the site, the client and other parties
involved.

Brief description of the services you provided including project management,
technical support, analysis, site management, clearance methods and final
disposal.

Immediate and ongoing on-site actions

Follow up and off-site actions

Management of sub-contractors and any subsequent secondary subcontracting activity, at all stages of service delivery



4.5

Other associated services provided

Evidence of where you have been able to bring innovative solutions, reduce
costs and manage environmental impacts should be provided as part of your
submission.
Please note: statements must show your ability to compliantly complete any
Hazardous Waste Consignment Notes required to achieve full compliance for
each movement of hazardous waste.
Supporting information for the two case studies should be provided and include
samples of work plans, stakeholder management, site risk assessments,
environmental risk assessments, health and safety risk assessments, subcontractor management plans, client feedback etc. The information provided
should be sufficiently detailed to allow the evaluation of your technical
competency to undertake the required activities for this lot.
Health Safety and Environmental
Health and Safety and Wellbeing
This contract has been identified as high risk with regards to Health, Safety and the
wellbeing of staff employed against the contract due to potentially high risk working
environments, conditions experienced in emergency incident response, potential out
of hours working and the potential for hazardous materials.
All Tenderers are required to complete the questionnaire below. Replies will be
scored as part of the evaluation and should not exceed one A4 page for any single
reply.
Tenderers are required to read the Red/Yellow Card Process document in Appendix
B. This will form part of the contract and the Supplier Review Process.
25044 – Provision for Removal of Unknown Substances
Page 22
Final
HSE1
High Risk Health & Safety Questionnaire
High Risk Contractor Health and Safety (Pre)-qualification Questionnaire
The questions below are designed to explore your approach to the Health and
Safety of work you undertake. Please respond to the questions below. Please
include in the “evidence and observations” column relevant explanations or
details of evidence available to support your response. We are not initially
interested in the submission of large amounts of paperwork but we will
ask you to submit specific evidence to us where you have indicated in
your response it is available where it is required. This information will be
scored as part of the evaluation.
Aspect of H & S Management
Experience
1
Do you have experience of
working for the Agency?
2
3
4
5
Do you have experience of
hazards within our working
environment?
Do you have experience of
the type of work you are
tendering for?
Can you provide examples of
risk assessments or method
statements?
Can you supply references
for similar work?
Evidence
Y N available and/or
observations
Scoring
(EA use
only)
Please provide
contact details.
See reply to 4.4
above if answer
yes
See reply to 4.4
above if answer
yes
Please provide a
minimum of two
references,
including contact
details (not Agency
contacts)
References may be
contacted prior to
our final contract
award decision.
H & S Policy, Organisation and Practice
6
Do you have written H & S
Please provide
policy statement?
copy if not already
supplied at PQQ
7
Is there clear identification of
the H & S roles and
responsibilities in your
organisation?
8
Is there a Senior manager
25044 – Provision for Removal of Unknown Substances
Page 23
Final
Aspect of H & S Management
9
10
11
12
13
14
15
Will there be H & S
supervision on site?
Do you have a system to
disseminate Lessons Learnt
within the company and with
sub-contractors if applicable
Can you provide list of Safe
Systems of Work that will be
used on the Contract
Has the HSE taken
enforcement action against
your company?
Has your company had any
RIDDOR notifiable incidents
in the past three years?
Do you anticipate the use of
sub-contractors on Agency
contracts?
Have you a selection
procedure to ensure
competent sub-contractors?
Training & Competence
16 Are you a member of a trade
or professional body?
17
18
19
Scoring
(EA use
only)
with responsibility for Health
& Safety?
Is there a Competent Person
to provide you with H & S
advice?
Aspect of H & S Management
12
Evidence
Y N available and/or
observations
Please provide
details on separate
sheet if Yes
Please provide
details on separate
sheet if Yes
Evidence
available and/or
Y N
observations
Please provide
details on separate
sheet if Yes
If the answer is
Yes please provide
brief details
including remedial
actions taken to
prevent a reoccurrence
Scoring
(EA use
only)
Please provide
brief details on
separate sheet if
Yes
Please provide
details on separate
sheet if Yes with
proof of
membership if not
already supplied at
PQQ
Do you provide and record H
& S training?
Have your staff current
certification of H & S training
or competency
Is site specific induction
carried for employees and
25044 – Provision for Removal of Unknown Substances
Page 24
Final
20
21
visitors?
Do you have an induction
process for your sub
contractors?
Do you prepare, identify and
brief on any special
precautions, permissions,
etc. prior to entry on site?
Environmental Competence
22
23
Do you have experience of
controlling and managing any
significant environmental
risks associated with this type
of work?
Do you have examples of
recent H&S Risk
Assessments for the
identification, transport,
storage, and disposal of
waste?
Please provide
details on separate
sheet if Yes
Please provide
details on separate
sheet if Yes, If
already provided
for Q4.4 advise
accordingly
Communications
24
25
26
27
28
Do you have arrangements in
place to maintain
communications with the
client? (Including work
variations.)
Do you have a system to
communicate H & S within
your own organisation?
Will you consult with the
workforce/sub-contractors?
Are there arrangements in
place to report and record
incidents?
Do you have a system for
sharing new H&S legislation
with response personnel
including sub-contractors?
Aspect of H & S Management
29
30
31
Do you have systems of
monitoring H & S performance
on site?
Do you have an emergency
response plan?
Please provide
details on separate
sheet if Yes
Please provide
details on separate
sheet if Yes
Please provide
details on separate
sheet if Yes
Please provide
details on separate
sheet if Yes
Evidence
Y N available and/or
observations
Please provide
details on separate
sheet if Yes
Please provide
details on separate
sheet if Yes
Scoring
(EA use
only)
Do you have access to first
aid?
General
25044 – Provision for Removal of Unknown Substances
Page 25
Final
Evidence
Y N available and/or
observations
Aspect of H & S Management
32
33
34
35
36
37
Do you make specific welfare
provisions as required?
Do you have arrangements in
place to identify and control
the use of hazardous
substances?
Do you provide appropriate
Personal Protective
Equipment (PPE) and training
in its use to response
personnel?
Do you have systems in place
to ensure that all plant and
equipment is
inspected/maintained to
appropriate standards?
Do you have systems in place
to manage staff working hours
in compliance with the
European Working Time
Directive, including out of
hours working
Do you have a policy
regarding pay, minimum
wage, overtime payments,
holiday pay, staff development
etc
Scoring
(EA use
only)
Please provide
details on separate
sheet of the
standard PPE
provided
Please provide
details on separate
sheet if Yes
Please provide
details on separate
sheet if Yes
Declaration
I confirm that the answers given to the questions on this form are accurate. I
understand that I may be asked to provide further information in support of the
answers given.
I confirm that I have read and understood the Red/Yellow Card Process detailed in
Appendix B and agree to it forming part of the contract.
Signature:
Name:
Name of business and position held:
25044 – Provision for Removal of Unknown Substances
Date:
Page 26
Final
Sustainability
The Environment Agency is committed to best practice in the area of sustainable
procurement. This includes development of our supply chains. By completing this
questionnaire, we hope that you will become more aware of the sustainability impacts
of the products and services that you provide. This will provide us with valuable
information, and help us to work with you to improve your sustainability performance.
As part of the pre-qualification process, we have asked you a number of questions
regarding your approach to Sustainability.
Your response to this tender
questionnaire will enable us to explore your capabilities in more detail.
To reiterate what we mean by sustainability, there are three aspects:
Environmental: Waste & Emissions, resource use and replenishment, impacts
on habitats and biodiversity.
Social: Culture, People, Diversity & Equality
Economic: Development & Stability
All aspects are considered throughout the lifecycle of the product or service.
We appreciate that if you are a small company you may not be able to provide
detailed information, however, please answer this questionnaire to the best of your
ability.
The activities to be carried out under this contract carry high sustainability impacts
especially in the areas of waste disposal and logistics management. Tenderers will
be required to evidence that they have the appropriate control measures in place to
manage and minimise these impacts and are committed to continual improvement in
this area.
All Tenderers are required to complete the questions in the attached questionnaire
and provide replies to the additional questions below. Replies will be scored as part
of the evaluation
If the response to a specific question directly relates to the goods and services being
delivered under the contract, it will form part of the evaluation. The responses to
other questions are for information purposes only.
Where evidence is being requested, please provide this on no more than one side of
A4 for each question. Further information provided may not be considered.
HSE2 Sustainability/Environmental Policy
Please provide details of how your company’s Sustainability/Environmental Policy will
be applied to, and performance measured on this Contract. This could include, but is
not limited to, the following:
 Travel management
 Fleet management and mileage reduction
 Minimisation of waste to landfill
25044 – Provision for Removal of Unknown Substances
Page 27
Final



Ethical considerations concerned with exporting residual waste
Materials and equipment
Facilities Management (Energy, Water, Waste, Consumables etc)
HSE3
Contract Waste
Please explain how you would dispose of the waste generated by this contract and
what systems you would put in place to minimise the environmental impacts of the
waste types listed below:
 Hazardous waste – both liquid and solid
 Wastes generated as a result of a cleanup operations, for example absorbents,
oil booms, PPE etc
 Non-hazardous waste – both liquid and solid
HSE4
Vehicles
Please provide the following details on your company’s approach to fleet
management:
 Details of the vehicles that would be used on this Contract along with type, fuel,
service history and average age.
 Policy for vehicle replacement.
 Mileage reduction/travel management plans e.g. most efficient route to attend a
number of sites
HSE5
Environmental Questionnaire (see below):
25044 – Provision for Removal of Unknown Substances
Page 28
Final
HSE5
Sustainability Questionnaire
PART A – Further Evidence
General Information (Policy, communications, targets & monitoring)
1 Does your company have an Yes
No
Already provided in
environmental or sustainability
response
to
prepolicy statement committing it to
qualification
a programme of improvement?
questionnaire.
2 Does your company review its Yes
No
If yes, please provide
sustainability impacts?
evidence
3 Does your company set Yes
sustainability
targets
and
objectives
against
which
performance is measured and/or
audited?
4 Does your company formally Yes
report against these targets?
No
Please
provide
evidence.
If already
provided
in
HSE2
advise accordingly
No
5 Does your company have an Yes
environmental
management
system? (ISO 14001, EMAS or
BS8555 or equivalent).
6
Does your company have Yes
systems in place to monitor
compliance
with
relevant
sustainability legislation?
7 Has your company been Yes
successfully
prosecuted
for
infringement of sustainability
and/or employment legislation in
the last three years?
No
Please
provide
evidence
Please
provide evidence. If
already provided in
HSE2
advise
accordingly
Already provided as
part
of
prequalification
No
Please
evidence
No
If yes details were
provided as part of
pre-qualification.
If
there have been any
changes since this
information
was
submitted,
please
advise.
25044 – Provision for Removal of Unknown Substances
provide
Page 29
Final
PART B
You can save money and benefit the environment by minimising
consumption and reducing waste.
Environmental (your company)
1 Our company reduces energy Always
Often
Rarely
Never
consumption and maximises
efficiency
2 Our company is reducing the Yes
No
Please
provide
CO2 impact of the delivery of
evidence
goods and services that we
provide (including staff travel).
3 Our company uses and/or Yes
No
% purchased _____
generates renewable energy
% generated _____
4 Our company takes active Always
Often
Rarely
Never
steps to minimise water use and
achieves water savings
5 Our company is reducing the Yes
No
Please
provide
levels
of
waste
material
evidence
generated
6 Our company re-uses all Always
Often
Rarely
Never
possible
waste
material
generated
7 Our company recycles all Always
possible
waste
material
generated
Often
Rarely
Never
The following questions are about how you consider this in the design of the
products and services you may purchase.
Environmental (products/service)
8 Our company produces and Yes
No
Please
provide
buys energy efficient products
evidence
that meet the standards of EcoLabel criteria where available.
9 When purchasing equipment, Yes
goods or services, our company
considers product design and the
environmental life-cycle impacts .
10
We have a Research & Yes
Development budget that aims to
deliver efficiencies and reduce
environmental impacts..
No
Please
evidence
provide
No
25044 – Provision for Removal of Unknown Substances
% of Turnover ______
Page 30
Final
Social and Economic (Your Company)
11 Our products and services are Yes
sourced from the developing
world
No
Please provide brief
details
of
the
products/services and
the country of origin
Please provide details
of the countries
products are exported
to and how social and
environmental impacts
are managed
12 Our company exports waste Yes
to developing countries for further
processing, recycling or final
disposal
No
12 Our company considers social
and economic impacts of key
suppliers in the supply chain
when sourcing goods and
services.
13 Our company ensures that
International Labour Organisation
(ILO) Conventions on Labour
Standards are adhered to
throughout our supply chain.
14 Our company provides and/or
buys Fair Trade goods.
15 Our Company audits it’s
supply chain to ensure that
sustainable
practices
are
followed.
16
Our
company
actively
supports SME’s, BME’s, local
Suppliers and Third Sector
suppliers for contracts.
Always
Often
Rarely
Never
Yes
No
Rarely
Never
Always
Often
Rarely
Never
Yes
No
Please
evidence.
Always
Often
Rarely
Name
________________________
Job title
_____________________
Date
________________________
provide
Never
Thank you for your time in completing this questionnaire.
25044 – Provision for Removal of Unknown Substances
Page 31
Final
.
5. Commercial
Tenderers are required to complete the attached Pricing Schedules and also
provide indicative costs for the four sample scenarios attached in Appendix D.
Costs should be broken down into tasks, job roles, hours, materials, support
costs and ancillary costs in sufficient detail to enable evaluation.
Price schedules should include costs for foreseeable expenses such as plant and
vehicles, equipment use, materials and specialised staff services.
Suppliers are also requested to submit information on where they feel they are
able to offer discounts if more than one lot is awarded, rebates based on spend
levels or reduced costs for extended attendance on longer term incidents or
where they are able to offer efficiencies through innovative ways of working.
Tenderers are required to advise the length of time they are able to hold the
prices quoted and if any further rebates, discounts or cost savings can be offered
on the cost schedules in Appendix C and D.
6. Additional Information
6.1
Electronic Trading
The Agency operates an Oracle ERP system and there may be a requirement for
successful suppliers to update and maintain a spreadsheet containing the rates
agreed as a result of any successful contract award.
6.2
Additional Information
The terms and conditions in this document are critical to the performance of
this contract/framework. In your own interests you are advised to read these
carefully.
6.3
Copyright and Confidentiality
Unless otherwise indicated, the copyright in all of the Documentation belongs to the
Agency, and the Documentation is to be returned to the Agency with your tender.
The contents of the Documentation must be held in confidence by you and not
disclosed to any third party other than is strictly necessary for the purposes of
submitting your tender. You must also ensure that a similar obligation of
confidentiality is placed upon any third party to whom you may need to disclose any
of the Documentation for the purposes of the tender.
6.4
Accuracy of Documentation
You should check all documentation; should any part be found to be missing or
unclear you should immediately contact the Agency at the address given in the
covering letter. No liability will be accepted by the Agency for any omission or errors
in the documentation which could have been identified by you.
25044 – Provision for Removal of Unknown Substances
Page 32
Final
6.5
Amendments to Documentation
Prior to the date for return of tenders, the Agency may clarify, amend or add to the
documentation. A copy of each instruction will be issued by the Agency to every
Tenderer and shall form part of the documentation. No amendment shall be made to
the documentation unless it is the subject of an instruction. The Tenderer shall
promptly acknowledge receipt of such instructions.
6.6
Alternative Offers
Alternative offers will be considered if they constitute a fully priced alternative and are
submitted in addition to a tender complying with the requirements of the Tender
Documents. If, for any reason you wish to submit an alternative offer without a fully
compliant tender please contact the Agency in accordance with the details in the
covering letter.
6.7
Freedom of information Act
The Environment Agency is committed to open government and to meeting its
responsibilities under the Freedom of Information Act 2000. Accordingly, all
information submitted to us may need to be disclosed by us in response to a request
under the Act. We may also decide to include certain information in the publication
scheme which we maintain under the Act. If you consider that any of the information
included in your tender, or any other information that you have submitted, is
commercially sensitive, please identify it and explain (in broad terms) what harm may
result from disclosure if a request is received, and the time period applicable to that
sensitivity. You should be aware that, even where you have indicated that information
is commercially sensitive, we may be required to disclose it under the Act if a request
is received. Please also note that the receipt of any material marked ‘confidential’ or
equivalent by the Agency should not be taken to mean that we accept any duty of
confidence by virtue of that marking. If a request is received, we may also be
required to disclose details of unsuccessful tenders.
6.8
Use of Framework by other Government Bodies
This contract/framework is primarily intended to meet the needs of the Environment
Agency in the Regional areas specified in Appendix A. The Agency may require the
successful bidder(s) to provide the goods/services on the same terms that are
agreed as a result of this tender to additional Environment Agency Regions, the
Department of the Environment, Food and Rural Affairs, and to its associated bodies
including any Agencies and non departmental public bodies. A full list can be found
at:
http://archive.defra.gov.uk/corporate/about/with/delivery/landscape/documents/public
-bodies.pdf
The successful bidder(s) may also be required to provide the services to local
authorities in England and Wales. A full list may be found at:
http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/AToZOfLocalCouncils/DG_
A-Z_LG
Similarly the contractor may be required to supply the Scottish Environmental
Protection Agency, the Northern Ireland Environment Agency, the Welsh Assembly
Government, including its Agencies, and the Forestry Commission, including its
Executive Agencies. There is no guarantee of the value or volume or any work from
partner organisations under this framework.
25044 – Provision for Removal of Unknown Substances
Page 33
Final
Single Environment Body (SEB) Wales
On Tuesday 29 November 2011 John Griffiths AM, Welsh Government Minister for
the Environment and Sustainable Development, announced that he will create a
Single Environment Body (SEB) for Wales, the vesting date is 1/4/13. This
framework or contract will be available for use by the SEB from this date, however,
the Environment Agency acknowledges that the SEB may set up their own
arrangements in future.
25044 – Provision for Removal of Unknown Substances
Page 34
Final
6. Form of Offer
Ref:
«Contract_ID»
Title: «Contract_Title»
The essence of selective tendering is that the Environment Agency shall receive
bona fide competitive tenders from all persons tendering. In recognition of this
principle:I/We certify that this is a bona fide tender, intended to be competitive and that I/we
have not fixed or adjusted the amount of the tender or the rates and prices quoted by
or under or in accordance with any agreement or arrangement with any other person.
I/We also certify that I/we have not done and undertake that I/we will not do at any
time of the following acts:
communicating to a person other than the Environment Agency the amount or
approximate amount of my/our proposed Tender (other than in confidence in
order to obtain quotations necessary for the preparation of the Tender for
insurance); or

entering into any agreement or arrangement with any other person that he shall
refrain from tendering or as to the amount of any tender to be submitted;

offering or agreeing to pay or give or paying any sum of money, inducement or
valuable consideration directly or indirectly to any person for doing or having
done or causing or having caused to be done in relation to any other Tender or
proposed Tender for the Services any act or omission.
I/We hereby certify that I/we have not, and will not in future, canvassed or solicited
any Member, Officer or employee of the Environment Agency in connection with the
award of this Tender or any other Tender or proposed Tender for the Services and
that no person employed by me/us or acting on my/our behalf has done any such act.
Having examined the Tender Document and being fully satisfied as to my/our abilities
and experience in all respects to satisfy the requirements of the Tender Document,
I/we hereby offer to provide upon the terms and conditions of the Contract, the
Goods and/or Services therein specified at the rate shown in the Pricing Schedule of
the Tender.
This Tender, together with the Environment Agency's written acceptance thereof, will
form a binding agreement between us.
Signature of Supplier: _____________________________________________
(Where a Limited Company for and on behalf of)
«Company_Name»
Telephone No(s):
«TEL_NUMBER»
Dated this
______________________________________________________
25044 – Provision for Removal of Unknown Substances
Page 35
Final
7. Declaration - Collusive Tendering
The essence of tendering is that the client shall receive bona fide competitive tenders
from those tendering. In recognition of this principle, we certify that this is a bona fide
tender, intended to be competitive, and that we have not fixed or adjusted the
amount of our tender by, under or in accordance with any agreement or arrangement
with any other person. We also certify that we have not done and we undertake that
we will not do at any time before the hour and date specified for the return of this
tender any of the following acts:

communicating to a person other than the person calling for the tenders the
amount or approximate amount of the proposed tender, except where the
disclosure, in confidence, of the approximate amount of the tender was
necessary to obtain insurance premium quotations required for the preparation of
the tender;

entering into any agreement or arrangement with any other person that he shall
refrain from tendering or as to the amount of any tender to be submitted;

offering or paying or giving or agreeing to pay or give any sum of money or
valuable consideration directly or indirectly to any person for doing or having
done or causing or having caused to be done in relation to any other tender or
proposed tender for the said work any act of the sort described above.
In this certificate, the word "person" includes any person or any body or association,
corporate or unincorporated; and "any agreement or arrangement" includes any such
transaction, formal or informal, and whether legally binding or not.
Signed on behalf of the said company: «Company_Name»
Signature
____________________________________________________
Print Name
____________________________________________________
Designation
____________________________________________________
Date
____________________________________________________
25044 – Provision for Removal of Unknown Substances
Page 36
Final
8. Conditions of Contract - Services
Ref: «Contract_ID»
Title: «Contract_Title»
Index
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29.
30
31
32
33
DEFINITIONS ............................................................................................................ 2
PRECEDENCE .......................................................................................................... 3
CONTRACT SUPERVISOR ...................................................................................... 3
THE SERVICES ........................................................................................................ 3
ASSIGNMENT ........................................................................................................... 3
CONTRACT PERIOD ................................................................................................ 4
PROPERTY ............................................................................................................... 4
MATERIALS .............................................................................................................. 4
SECURITY ................................................................................................................ 4
VARIATIONS ............................................................................................................. 4
EXTENSIONS OF TIME ............................................................................................ 4
DEFAULT .................................................................................................................. 5
TERMINATION .......................................................................................................... 5
DETERMINATION ..................................................................................................... 5
INDEMNITY ............................................................................................................... 6
LIMIT OF CONTRACTOR’S LIABILITY ..................................................................... 6
INSURANCE ............................................................................................................. 6
INDUCEMENTS ........................................................................................................ 6
MONITORING AND AUDIT ....................................................................................... 6
CONTRACT PRICE ................................................................................................... 7
INVOICING AND PAYMENT ..................................................................................... 7
INTELLECTUAL PROPERTY RIGHTS...................................................................... 7
WARRANTY .............................................................................................................. 7
STATUTORY REQUIREMENTS ............................................................................... 7
ENVIRONMENT ........................................................................................................ 7
PUBLICITY ................................................................................................................ 7
LAW........................................................................................................................... 8
WAIVER .................................................................................................................... 8
ENFORCEABILITY .................................................................................................... 8
DISPUTE RESOLUTION ........................................................................................... 8
GENERAL ................................................................................................................. 8
FREEDOM OF INFORMATION...................................................................................9
STAFF TRANSFER……………………………………………………………………… .13
All rights reserved. No part of this document may be reproduced
or transmitted in any form or by any means, including photocopying
and recording, without the written permission of the copyright holder.
Such written permission must also be obtained before any part of
this publication is stored in a retrieval system of any nature.
© Environment Agency 2009
25044 – Provision for Removal of Unknown Substances
Page 37
Final
1.
DEFINITIONS
1.1
In the Contract, unless the context otherwise requires the following words and
expressions shall have the following meanings assigned to them.
1.1.2
Agency
The Environment Agency, its successors and assigns.
1.1.3 Agency Property
All property issued or made available for use by the Agency to
the Contractor in connection with the Contract.
1.1.4
The Appendix The Appendix to these Conditions.
1.1.5 The Contract
These Conditions including the Appendix, any Special
Conditions, Specification, Pricing Schedule, Contractor’s
tender, acceptance letter and any relevant documents agreeing
modifications exchanged before the Contract is awarded, and
any subsequent amendments or variations agreed in writing.
1.1.6
The Contractor
The person, firm company or body who undertakes to supply
the Services to the Agency as defined in the Contract.
1.1.7
Contract Period
The time period stated in the Appendix or otherwise provided in
the Contract, for the performance of the Services.
1.1.8
Contract Price
The price exclusive of VAT set out in the Contract for which the
Contractor has agreed to supply the services.
1.1.9
Contract Supervisor
Any duly authorised representative of the Agency notified in
writing to the Contractor for all purposes connected with the
Contract. Any Notice or other written instruction given by or
made to the Contract Supervisor, shall be taken as given by or
made to the Agency.
1.1.10 Intellectual Property Rights
All Intellectual Property Rights including without limitation,
patents, patent applications, design rights, registered designs,
utility models, trade and service marks and applications for
same, copyright know-how, rights in semi-conductor chip
topography, and in each case whether protectable at law or
not, and if protectable, whether an application has been made
for such protection or not, and all similar industrial, commercial,
monopoly or other intellectual property rights whether present
or future, vested or contingent wherever protected.
1.1.12 Results
All things produced in performing the Services including maps,
plans, photographs, drawings, tapes, statistical data,
experimental results, field data, analysis of results, published
25044 – Provision for Removal of Unknown Substances
Page 38
Final
and unpublished results and reports, inventions, computer
programmes and user documentation.
1.1.13 The Resulting Rights
All Intellectual Property Rights in the Results that are
originated, conceived, written or made by the Contractor,
whether alone or with others in the performance of the Services
or otherwise resulting from the Contract.
1.1.14 Notice
Any written instruction or notice given to the Contractor by the
Contract Supervisor, delivered by:
1.1.15 Permission
a)
fax, or hand delivery to the Contractor’s registered
office or other address notified for the purposes of the
Contract and deemed to have been served at the date
and time of delivery;
b)
first class post to the Contractor’s registered office.
Such Notices are deemed to have been served 48
hours after posting.
Express permission given in writing before the act being
permitted.
1.1.16 Services
All Services detailed in the Specification including any
additions or substitutions as may be requested by the Contract
Supervisor.
1.2
Except as set out above, the Contract shall be interpreted in accordance with
the Interpretation Act 1988.
1.3
All headings in these Conditions are for ease of reference only, and shall not
affect the construction of the Contract.
1.4
Any reference in these Conditions to a statutory provision will include all
subsequent modifications.
1.5
All undefined words and expressions are to be given their normal English
meaning within the context of this Contract. Any dispute as to the
interpretation of such undefined words and expressions shall be settled by
reference to the definition in the Shorter Oxford English Dictionary.
2.
PRECEDENCE
To the extent that the following documents form the Contract, in the case of
conflict of content, they shall have the following order of precedence:
Conditions of Contract including Appendix and any Special Conditions;
Specification;
Pricing Schedule;
Drawings, maps or other diagrams.
25044 – Provision for Removal of Unknown Substances
Page 39
Final
3.
CONTRACT SUPERVISOR
The Contractor shall strictly comply with any instruction given by the Contract
Supervisor concerning or about, the Contract. All such instructions shall be in
writing. The Contractor is not obliged to comply with any verbal instruction
from the Contract Supervisor that is not confirmed in writing within 7 working
days.
4.
THE SERVICES
4.1
The Contractor shall provide all staff, equipment, materials and any other
requirements necessary for the performance of the Contract using all skill,
care and diligence, and to the satisfaction of the Contract Supervisor.
4.2
The Contractor shall only employ in the execution and superintendence of the
Contract persons who are suitable and appropriately skilled and experienced.
The Contract Supervisor shall be at liberty to object to and require the
Contractor to remove any person employed in or about the Contract who is
unsuitable, misconducts himself, is incompetent or negligent in the
performance of his duties or persists in conduct which could endanger the
health or safety of others. Such persons shall not be employed again on the
Contract without the Permission of the Contract Supervisor.
5.
ASSIGNMENT
5.1
The Contractor shall not assign, transfer or sub-contract the Contract, or any
part of it, without the Permission of the Contract Supervisor.
5.2
Any assignment, transfer or sub-contract entered into, shall not relieve the
Contractor of any of his obligations or duties under the Contract.
5.3
Nothing in this Contract confers or purports to confer on any third party any
benefit or any right to enforce any term of the Contract
6.
CONTRACT PERIOD
The Contractor shall perform the Services within the time stated in the
Appendix, subject to any changes arising from Condition 10 (Variations,)
and/or Condition 11 (Extensions of time.)
7.
PROPERTY
7.1
All property issued by the Agency to the Contractor in connection with the
Contract shall remain the property of the Agency, and shall be used in the
execution of the Contract, and for no other purpose whatsoever without the
prior approval of the Contract Supervisor.
7.2
The Contractor shall keep all Agency Property in safe custody and good
condition, set aside and clearly marked as the property of the Agency.
7.3
On expiry or earlier termination of the Contract the Contractor shall, if so
required, either surrender such property to the Agency or otherwise dispose
of it as instructed by the Contract Supervisor.
25044 – Provision for Removal of Unknown Substances
Page 40
Final
8.
MATERIALS
8.1
The Contractor shall be responsible for establishing his own sources of
supply for goods and materials and will be responsible for ensuring the
reasonable and proper conduct by his Contractors and staff whilst on the
Agency’s premises.
8.2
The Contractor shall not place, or cause to be placed, any orders with
Contractors or otherwise incur liabilities in the name of the Agency or any
representative of the Agency.
9.
SECURITY
9.1
The Contractor shall be responsible for the security of all goods and
equipment belonging to the Agency and used by the Contractor in the
provision of the Services, belonging to the Contractor, or Contractors staff, or
sub-contractors whilst on Agency premises.
9.2
This Condition shall not prejudice the Agency’s rights under Condition 15.
10.
VARIATIONS
10.1
The Contract Supervisor may vary the Contract by adding to, deleting or
otherwise modifying the Services to be supplied, by written order to the
Contractor.
10.2
The value of any such variation, other than any variation arising out of
Condition 10.3, shall be determined by reference to the rates contained in the
Pricing Schedule. Where the Services so ordered are not covered in the
Pricing Schedule, they shall be valued at a fair and reasonable rate agreed
between the Contract Supervisor and the Contractor.
10.3
Where a variation is the result of some default or breach of the Contract by
the Contractor or some other cause for which he is solely responsible, any
additional cost attributable to the variation shall be borne by the Contractor.
10.4
The Contractor may also propose a variation to the Services but no such
variation shall take effect unless agreed and confirmed in writing by the
Contract Supervisor.
10.5
No variation shall have the effect of invalidating the Contract, or placing the
Contract at large, if that variation is reasonably consistent with the nature,
scope and value of the Contract.
11.
EXTENSIONS OF TIME
11.1
Should the performance of the Contract be directly delayed by any cause
beyond the reasonable control of the Contractor, and provided that the
Contractor shall first have given the Contract Supervisor written notice within
five working days after becoming aware that such delay was likely to occur,
then the Contract Supervisor, if satisfied that this Condition applies:
11.1.1 in the case of any delay of which the Agency is not the cause, may
grant the Contractor such extension of time, as in his opinion is
reasonable, having regard without limitation, to any other delays or
25044 – Provision for Removal of Unknown Substances
Page 41
Final
extensions of time that may have occurred or been granted under the
Contract. The Contract Price shall not increase as a result of such an
extension of time.
11.1.2 in the case of any delay of which the Agency is the cause, shall grant
the Contractor a reasonable extension of time to take account of the
delay.
11.2
No extension of time shall be granted where in the opinion of the Agency the
Contractor has failed to use best endeavours to avoid or reduce the cause
and/or effects of the delay.
11.3
Any extension of time granted under this Condition shall not affect the
Agency’s rights to terminate or determine the Contract under Conditions 13
and 14.
12.
DEFAULT
12.1
The Contractor shall be in default if he:
12.1.1 fails to perform the Contract with due skill, care, diligence and
timeliness;
12.1.2 refuses or neglects to comply with any reasonable written instruction
given by the Contract Supervisor;
12.1.3 is in breach of the Contract.
12.2
Where in the opinion of the Contract Supervisor, the Contractor is in default,
the Contract Supervisor may serve a Notice giving at least seven days in
which to remedy the default.
12.3
If the Contractor fails to comply with such a Notice the Contract Supervisor
may, without prejudice to any other rights or remedies under the Contract,
take over for as such a period as is necessary the performance of the
relevant part of the Contract and make other arrangements for its completion.
Any extra costs arising from this action, will be paid by the Contractor or
deducted from any monies owing to him.
13
TERMINATION
The Agency may immediately, without prejudice to any other rights and
remedies under the Contract, terminate all or any part of the Contract by
Notice in writing to the Contractor, Receiver, Liquidator or to any other
person in whom the Contract may become vested, if the Contractor:
13.2
fails in the opinion of the Contract Supervisor to comply with (or take
reasonable steps to comply with) a Notice under Condition 12.2.
13.3
becomes bankrupt or insolvent, or has a receiving order made against him, or
makes and arrangement with his creditors or (being a corporation)
commences to be wound up, not being a voluntary winding up for the purpose
of reconstruction or amalgamation, or has a receiver, administrator, or
administrative receiver appointed by a Court.
25044 – Provision for Removal of Unknown Substances
Page 42
Final
14
DETERMINATION
14.1
Without prejudice to any other rights or remedies under the Contract, the
Agency reserves the right to determine the Contract at any time by giving not
less than one month’s Notice, (or such other time period as may be
appropriate).
14.2
The Agency shall pay the Contractor such amounts as may be necessary to
cover his reasonable costs and outstanding and unavoidable commitments
necessarily and solely incurred in properly performing the Contract prior to
determination.
14.3
The Agency will not pay for any costs or commitments that the Contractor is
able to mitigate and shall only pay those costs that the Agency has validated
to its satisfaction. The Agency's total liability under this Condition shall not in
any circumstances exceed the Contract Price that would have been payable
for the Services if the Contract had not been determined.
15
INDEMNITY
15.1
Without prejudice to the Agency’s remedies for breach of Contract, the
Contractor shall fully indemnify the Agency and its staff against any liability,
loss, costs, expenses, claims or proceedings in respect of:
15.1.1 death or injury to any person;
15.1.2 loss or damage to any property excluding indirect and consequential
loss;
15.1.3 infringement of third party Intellectual Property Rights
which might arise as a direct consequence of the actions or negligence of the
Contractor, his staff or agents in the execution of the Contract.
15.2
This Condition shall not apply where the damage, injury or death is a direct
result of the actions, or negligence of the Agency or it’s staff.
16
LIMIT OF CONTRACTOR’S LIABILITY
16.1
The limit of the Contractor’s liability for each and every claim by the Agency,
other than for death or personal injury, whether by way of indemnity or by
reason of breach of contract, or statutory duty, or by reason of any tort shall
be:
16.1.1 the sum stated in the Appendix;
16.1.2 if no sum is stated, the Contract Price or five million pounds whichever
is the greater.
17
INSURANCE
17.1
The Contractor shall insure and maintain insurance against liabilities under
Condition 15 (Indemnity) in the manner and to the values listed in the
25044 – Provision for Removal of Unknown Substances
Page 43
Final
Appendix to these Conditions. If no sum is stated, the value insured shall be
£5M (five million pounds.)
17.2
If specifically required by the Agency, nominated insurances shall be in the
joint names of the Contractor and the Agency.
17.3
The Contractor shall, upon request, produce to the Contract Supervisor
documentary evidence that the insurances required are fully paid up and valid
for the duration of the Contract.
18
INDUCEMENTS
The Contractor shall not, directly or indirectly through intermediaries commit
any offence under the Corruption Acts 1906 to 1916 in any of his dealings
with the Agency.
19
MONITORING AND AUDIT
The Contract Supervisor may inspect and examine the Services being carried
out on the Agency’s premises, or elsewhere at any reasonable time. Where
the Services are being performed on other than the Agency’s premises,
reasonable notice to inspect shall be given to the Contractor. The Contractor
shall give all such facilities as the Contract Supervisor may reasonably
require for such inspection and examination.
20
CONTRACT PRICE
20.1
The Contract Price will be paid by the Agency to the Contractor as amended
by any Variations ordered under Condition 10 (Variations).
20.2
In addition to the Contract Price, the Agency will pay to the Contractor such
Value Added Tax (if any) as may properly be chargeable at rates ruling at the
time of invoice.
21
INVOICING AND PAYMENT
21.1
Invoices shall only be submitted for work already satisfactorily completed, and
accompanied by such information as the Contract Supervisor may reasonably
require to verify the Contractor’s entitlement to payment. Such invoices will
be paid in 30 days from receipt by the Agency.
21.2
If any sum is payable under the Contract by the Contractor to the Agency,
whether by deduction from the Contract or otherwise, it will be deducted from
the next available invoice.
22
INTELLECTUAL PROPERTY RIGHTS
22.1
All Prior Rights used in connection with the Services shall remain the property
of the party introducing them. Details of each party’s Prior Rights are set out
in the Prior Right Schedule to this contract.
22.2
All Results shall be the property of the Agency.
22.3
The Resulting Rights in any Results, and any interim results shall, from the
time they arise, be the property of the Agency and the Agency shall be free,
25044 – Provision for Removal of Unknown Substances
Page 44
Final
should it so wish, to apply at its own expense for patent or other protection in
respect of the Results or any interim results. The Agency’s intention to apply
for such patent or other protection shall be notified to the Contractor. Such
applications for patents or other registered intellectual property rights shall be
filed in the name of the Agency.
Unless otherwise agreed in writing between the Contractor and the Agency,
the Contractor hereby:
22.3.1 assigns to the Agency all Resulting Rights
22.3.2 grants the Agency a non-exclusive, non transferable (save for the
purposes of sub-licensing, reorganisation or transfer to a successor
body, for the purposes of all the successor body's normal business
use), irrevocable , royalty free perpetual licence to the Agency in
respect of all the Contractor's Prior Rights necessary in order for the
Agency to use or exploit the Resulting Rights.
22.4
All Results shall be the property of the Agency
22.5
The Resulting Rights in any Results, and any interim results shall, from the
time they arise, be the property of the Agency and the Agency shall be free,
should it so wish, to apply at its own expense for patent or other protection in
respect of the Results or any interim results. The Agency’s intention to apply
for such patent or other protection shall be notified to the Contractor. Such
applications for patents or other registered intellectual property rights shall be
filed in the name of the Agency.
22.6
The Contractor undertakes to the Agency not to use, exploit or deal with any
of the Agency's Prior Rights, other than in the performance of the Contract
unless the Contractor has first obtained a written licence from the Agency, in
specific terms to do so.
22.7
The Agency undertakes to the Contractor not to use or exploit the
Contractor's Prior Rights, save as provided in Condition 22.3.2 .
22.8
The Contractor warrants to the Agency that the performance of the Services,
the
Contractor’s Prior Rights and the Results shall not in any way infringe
any intellectual property rights of any third party.
22.9
If the Contractor is prevented from carrying out his obligations under the
Contract due to any infringement or alleged infringement of any Intellectual
Property Rights, the Agency may without prejudice to any other rights and
remedies under the Contract,
exercise the powers and remedies
available to it under Conditions 13 and 14, Termination and Determination
respectively.
22.10 The Contractor shall not be liable if such infringement arises from the use of
any design, technique or method of working provided by or specified by the
Agency.
22.11 The Contractor waives in favour of the Agency its rights to object to
derogatory treatment of the Results of the Work and the Contractor also
agrees that he will not assert or seek to enforce against the Agency and/or
25044 – Provision for Removal of Unknown Substances
Page 45
Final
any other person, firm or company any of its moral rights as defined in the
Copyright Designs and Patents Act 1988 without the prior agreement of the
Agency.
22.12 The Contractor shall not be liable for any consequential losses, damage or
injuries arising from third party misuse of the Results, of which the Contractor
is not aware.
23
WARRANTY
The Contractor warrants that the Services supplied by him are fit for the
Agency’s intended purpose so far as this has been communicated to him, or
which he would reasonably be expected to know.
24
STATUTORY REQUIREMENTS
The Contractor shall fully comply with all relevant statutory requirements in
the performance of the Contract, including, but not limited to the giving of all
necessary notices and the paying of all fees.
25
ENVIRONMENT
The Contractor shall in all his operations, including purchase of materials
goods and services, adopt a sound proactive environmental approach,
designed to minimise harm to the environment and be able to provide proof of
so doing to the Contract Supervisor on demand.
26
PUBLICITY
The Contractor shall not advertise or publicly announce that he is supplying
Services or undertaking work for the Agency without the Permission of the
Contract Supervisor.
27
LAW
This Contract shall be governed and construed in accordance with English
Law, and subject to the jurisdiction of the courts of England and Wales.
28
WAIVER
28.1
No delay, neglect or forbearance by the Agency in enforcing any provision of
the Contract shall be deemed to be a waiver, or in any other way prejudice
the rights of the Agency under the Contract.
28.2
No waiver by the Agency shall be effective unless made in writing.
28.3
No waiver by the Agency of a breach of the Contract shall constitute a waiver
of any subsequent breach.
29.
ENFORCEABILITY
If any part of the Contract is found by a court of competent jurisdiction or
other competent authority to be invalid or legally unenforceable, that part will
25044 – Provision for Removal of Unknown Substances
Page 46
Final
be severed from the remainder of the Contract which will continue to be valid
and enforceable to the fullest extent permitted by law.
30
DISPUTE RESOLUTION
30.1
All disputes under or in connection with this agreement shall be referred first
to negotiators nominated at a suitable and appropriate working level by the
Agency and the Contractor.
30.2
If the parties' negotiators are unable to resolve the dispute within a period of
forty five days from its being referred to them, the dispute shall be referred at
the instance of either party to the parties' respective senior managers or
directors (supported as necessary by their advisers).
30.3
If the parties' respective senior managers or directors are unable to resolve
the dispute within forty five days the dispute shall be referred to the Centre for
Dispute Resolution who shall appoint a mediator and the parties shall then
submit to the mediator's supervision of the resolution of the dispute.
30.4
Recourse to this dispute resolution procedure shall be binding on the parties
as to submission to the mediation but not as to its outcome. Accordingly all
negotiations connected with the dispute shall be conducted in strict
confidence and without prejudice to the rights of the parties in any future legal
proceedings. Except for any party's right to seek interlocutory relief in the
courts, no party may commence other legal proceedings under the jurisdiction
of the courts or any other form of arbitration until forty five days after the
appointment of the mediator.
30.5
If, with the assistance of the mediator, the parties reach a settlement, such
settlement shall be put in writing and, once signed by a duly authorised
representative of each of the parties, shall remain binding on the parties.
30.6
The parties shall bear their own legal costs of this dispute resolution
procedure, but the costs and expenses of mediation shall be borne by the
parties equally.
30.7
Any of the time limits in Conditions 30 may be extended by mutual
agreement. Such agreed extension shall not prejudice the right of either party
to proceed to the next stage of resolution.
31
GENERAL
31.1
Neither party to the Contract will be liable to the other for any delay in
performing or failing to perform its obligations (other than a payment
obligation) under the Contract because of any cause outside its reasonable
control. Such delay or failure will not constitute a breach of the Contract and
the time for performance of the affected obligation will be extended by a
reasonable period.
31.2
The Contract contains the whole agreement between the parties and
supersedes all previous communications, representations and arrangements,
written or oral. It is accepted that the Contract has not been entered into on
the basis of any representations that are not expressly contained in the
Contract.
25044 – Provision for Removal of Unknown Substances
Page 47
Final
32
FREEDOM OF INFORMATION ACT
The Environment Agency is committed to open government and to meeting its
responsibilities under the Freedom of Information Act 2000 and the
Environmental Information Regulations 2004. Accordingly, all information
submitted to us may need to be disclosed by us in response to a request
under the Act or the Regulations. We may also decide to include certain
information in the publication scheme which we maintain under the Act
or publish the Agreement (but with any information which is exempt from
disclosure in accordance with the provisions of the Act or the
Regulations or the Agency's Confidential Information redacted), including
from time to time agreed changes to the Agreement, to the general public. If
you consider that any of the information included in your tender, or any other
information that you have submitted or is otherwise in the Agreement, is
commercially sensitive, please identify it and explain (in broad terms) what
harm may result from disclosure if a request is received, and the time period
applicable to that sensitivity. You should be aware that, even where you have
indicated that information is commercially sensitive, we may be required to
disclose it under the Act if a request is received. Please also note that the
receipt of any material marked ‘confidential’ or equivalent by the Agency
should not be taken to mean that we accept any duty of confidence by virtue
of that marking.
33
Special condition – Staff Transfer
33.1
This Contract envisages that subsequent to the commencement of this
Contract, the identity of the provider of the Services (or any part of the
Services) may change (whether as a result of termination of this Contract, or
part, or otherwise) resulting in a transfer of the Services in whole or in part
(“Service Transfer”). If a Service Transfer is a relevant transfer for the
purposes of the Employment Regulations (“Relevant Transfer”) then, in such
event, the Contractor or a Replacement Contractor would inherit liabilities in
respect of the Transferring Employees and the provisions of this Special
Condition 33 shall apply.
33.2
The definitions and rules of interpretation in this Agreement apply in this
special condition together with the following definitions:
“Contractor's Final Staff List” means the list of all the Contractor's
Personnel engaged in or wholly or mainly assigned to the provision of the
Services or any part of the Services at the Service Transfer Date.
“Contractor’s Personnel” means all employees, staff, other workers, agents
and consultants of the Contractor and of any sub-contractors who are
engaged in the provision of the Services from time to time
“Contractor's Provisional Staff List” means a list prepared and updated by
the Contractor of all the Contractor's Personnel engaged in, or wholly or
mainly assigned to, the provision of the Services or any part of the Services at
the date of preparation of the list.
“Data Protection Legislation” means the Data Protection Act 1998, the Data
Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act
25044 – Provision for Removal of Unknown Substances
Page 48
Final
2000, the Telecommunications (Lawful Business Practice) (Interception of
Communications) Regulations 2000 (SI 2000/2699), the Electronic
Communications Data Protection Directive (2002/58/EC), the Privacy and
Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003)
and all applicable laws and regulations relating to the processing of personal
data and privacy, including where applicable the guidance and codes of
practice issued by the Information Commissioner.
“Employment Regulations” means the Transfer of Undertakings (Protection
of Employment) Regulations 2006 (SI 2006/246) as subsequently amended
or updated
“Incumbent Employees” means those employees whose contracts of
employment transfers to the Contractor from the Incumbent Supplier as at the
commencement date of this Contract pursuant to the Employment Regulation
“Incumbent Supplier” means the contractor or contractors (including sub
contractors) who carried out any services which are identical or substantially
similar to any of the Services to be performed by the Contractor pursuant to
this Agreement and which the Agency received prior to the commencement of
this Contract
"Replacement Services” means any services which are identical or
substantially similar to any of the Services and which the Agency receives in
substitution for any of the Services following the termination or expiry of this
agreement, whether those services are provided by the Agency internally or
by any Replacement Contractor.
“Replacement Contractor” any third party contractor who is engaged to
provide the Replacement Services appointed by the Agency from time to
time.
Service Transfer Date: the date on which the Services (or any part of the
Services), for whatever reason transfer from the Contractor to the Agency (inhouse) or any Replacement Contractor.
“Staffing Information” means in relation to all persons detailed on the
Contractor's Provisional Staff List, such information as the Agency may
reasonably request (subject to the Data Protection Legislation), but including
in an anonymised format:
(a)
their ages, dates of commencement of employment or engagement
and gender;
(b)
details of whether they are employees, workers, self-employed,
contractors or consultants, agency workers or otherwise;
(c)
the identity of their employer or relevant contracting party;
(d)
their relevant notice periods and any other terms relating to
termination of employment or engagement, including any redundancy
procedures and contractual redundancy payment schemes;
25044 – Provision for Removal of Unknown Substances
Page 49
Final
(e)
the current wages, salaries, profit sharing, incentive and bonus
arrangements applicable to them;
(f)
details of other employment-related benefits including (without
limitation) medical insurance, life assurance, pension or other
retirement benefit schemes, share option schemes and Agency car
schemes applicable to them;
(g)
any outstanding or potential contractual, statutory or other liabilities in
respect of such individuals (including in respect of personal injury
claims);
(h)
details of any such individuals on long-term sickness absence,
maternity or other statutory leave or otherwise absent from work; and
(i)
copies of all relevant documents and materials relating to such
information including copies of relevant contracts of employment or
engagement (or relevant standard contracts if applied generally in
respect of such individuals).
“Transferring Employees” those employees whose contract of employment
will be transferred to the Agency or a Replacement Contractor pursuant to the
Employment Regulations on expiry or termination of this agreement.
The Incumbent Employees
33.3
The Agency and the Contractor believe that, pursuant to the Employment
Regulations, at the commencement of this Contract, the Contractor will
become the employer of the Incumbent Employees.
33.4
The Agency gives no warranties or indemnities and makes no representation
in respect of the Incumbent Employees and the Contractor accepts that it
solely shall be liable to meet all costs, claims, liabilities and expenses of
whatever nature in respect of the Incumbent Employees
33.5
The Contractor shall indemnify the Agency in full for and against all claims,
costs expenses or liabilities whatsoever and howsoever arising, incurred or
suffered by the Agency including without limitation all legal expenses and
other professional fees (together with any VAT thereon) in relation to:
33.5.1
any failure by the Contractor to comply with its obligations pursuant
to the Employment Regulations; and
33.5.1 anything done or omitted to be done by the Contractor in respect of
any of the Incumbent Employees whether before or after the
commencement date of the Contract.
25044 – Provision for Removal of Unknown Substances
Page 50
Final
Service Transfer – Transferring Employees
33.6
The Contractor agrees that, subject to compliance with the Data Protection
Legislation:
33.6.1 within 20 days of the earliest of:
33.6.1.1.1 receipt of a notification from the Agency of a Service
Transfer or intended Service Transfer;
33.6.1.1.2 receipt of the giving of notice of early termination of this
agreement or any part thereof; or
33.6.1.1.3 the date which is [6?] months before the expiry of the
Contract Period or any renewal term,
and, in any event, on receipt of a written request of the Agency at
any time, it shall provide the Contractor's Provisional Staff List and
the Staffing Information to the Agency or, at the direction of the
Agency, to a Replacement Contractor and it shall provide an updated
Contractor's Provisional Staff List when reasonably requested by the
Agency or any Replacement Contractor;
33.6.2 at least 14 days before the Service Transfer Date, the Contractor shall
prepare and provide to the Agency and/or, at the direction of the
Agency, to the Replacement Contractor, the Contractor's Final Staff
List, which shall be complete and accurate in all material respects.
The Contractor’s Final Staff List shall identify which of the Contractor's
Personnel named are Transferring Employees;
33.6.3 the Agency shall be permitted to use and disclose the Contractor's
Provisional Staff List, the Contractor's Final Staff List and the Staffing
Information for informing any tenderer or other prospective
Replacement Contractor for any services which are substantially the
same type of services (or any part thereof) as the Services; and
33.6.4 on reasonable request by the Agency the Contractor shall provide the
Agency or at the request of the Agency, the Replacement Contractor,
with access (on reasonable notice and during normal working hours)
to such employment records (and provide copies) as the Agency
reasonably requests.
33.7
The Contractor warrants that the Contractor's Provisional Staff List, the
Contractor's Final Staff List and the Staffing Information will be true and
accurate in all material respects.
33.8
From the date of the earliest event referred to in paragraph [33.6] of this
Special Condition the Contractor agrees that it shall not without the prior
written consent of the Agency, assign any person to the provision of the
25044 – Provision for Removal of Unknown Substances
Page 51
Final
Services (or the relevant part) which is the subject of a Service Transfer
who is not listed in the Contractor's Provisional Staff List and shall not
without the prior written consent of the Agency (such consent not to be
unreasonably withheld or delayed):
33.8.1 increase the total number of employees listed on the Contractor's
Provisional Staff List save for fulfilling assignments and projects
previously scheduled and agreed with the Agency;
33.8.2 make, propose or permit any changes to the terms and conditions of
employment of any employees listed on the Contractor's Provisional
Staff List;
33.8.3 increase the proportion of working time spent on the Services (or the
relevant part) by any of the Contractor's Personnel save for fulfilling
assignments and projects previously scheduled and agreed with the
Agency;
33.8.4 introduce any new contractual or customary practice concerning the
making of any lump sum payment on the termination of employment of
any employees listed on the Contractor's Provisional Staff List; and
33.9
replace any of the Contractor's Personnel listed on the Contractor's
Provisional Staff List or deploy any other person to perform the Services (or
the relevant part) or increase the number of employees or terminate or give
notice to terminate the employment or contracts of any persons on the
Contractor's Provisional Staff List.
33.10 The Contractor will promptly notify the Agency or, at the direction of the
Agency, the Replacement Contractor of any notice to terminate employment
received from any persons listed on the Contractor's Provisional Staff List
regardless of when such notice takes effect.
33.11 At least 14 days before the expected Service Transfer Date, the Contractor
shall provide to the Agency or any Replacement Contractor, in respect of
each person (subject to compliance with Data Protection Legislation) on the
Contractor's Final Staff List who is a Transferring Employee, their:
33.11.1pay slip data for the most recent month;
33.11.2cumulative pay for tax and pension purposes;
33.11.3cumulative tax paid;
33.11.4tax code;
33.11.5voluntary deductions from pay; and
33.11.6bank or building society account details for payroll purposes.
25044 – Provision for Removal of Unknown Substances
Page 52
Final
33.12 In connection with a relevant transfer to which the Employment Regulations
apply, the parties agree that:
33.12.1the Contractor shall perform and discharge all its obligations in respect
of all the Transferring Employees and their representatives for its own
account up to and including the Service Transfer Date. The Contractor
shall indemnify the Agency and any Replacement Contractor in full for
and against all claims, costs, expenses or liabilities whatsoever and
howsoever arising, incurred or suffered by the Agency or any
Replacement Contractor including without limitation all legal expenses
and other professional fees (together with any VAT thereon) in relation
to:
33.12.1.1 the Contractor's failure to perform and discharge any such
obligation;
33.12.1.2 any act or omission by the Contractor on or before the
Service Transfer Date or any other matter, event or circumstance
occurring before the Service Transfer Date;
33.12.1.3 all and any claims in respect of all emoluments and outgoings
in relation to the Transferring Employees (including without
limitation all wages, bonuses, PAYE, National Insurance
contributions, pension contributions and otherwise) payable in
respect of any period on or before the Service Transfer Date;
33.12.1.4 any claim arising out of the provision of, or proposal by the
Contractor to offer any change to any benefit, term or condition or
working condition of any Transferring Employee arising on or
before the Service Transfer Date;
33.12.1.5 any claim made by or in respect of any person employed or
formerly employed by the Contractor other than a Transferring
Employee for which it is alleged the Agency or any Replacement
Contractor may be liable by virtue of this agreement and/or the
Employment Regulations;
33.12.1.6 any act or omission of the Contractor in relation to its
obligations under regulation 11 of the Employment Regulations, or
in respect of an award of compensation under regulation 12 of the
Employment Regulations except to the extent that the liability
arises from the Agency or Replacement Contractor's failure to
comply with regulation 11 of the Employment Regulations; and
33.12.1.7 any statement communicated to or action done by the
Contractor or in respect of any Transferring Employee on or before
the Service Transfer Date regarding the Service Transfer which
has not been agreed in advance with the Agency in writing.
33.13 The Contractor shall indemnify the Agency and any Replacement Contractor
in respect of any claims arising from any act or omission of the Contractor in
25044 – Provision for Removal of Unknown Substances
Page 53
Final
relation to any other Contractor's Personnel who is not a Transferring
Employee during any period whether before, on or after the Service Transfer
Date.
33.14 The parties shall co-operate to ensure that any requirement to inform and
consult employee representatives in relation to any relevant transfer as a
consequence of a Service Transfer will be fulfilled.
33.15 The Agency shall assume (or shall procure that the Replacement Contractor
shall assume) the outstanding obligations of the Contractor in relation to any
Transferring Employees in respect of accrued holiday entitlements and
accrued holiday remuneration before the Service Transfer Date.
25044 – Provision for Removal of Unknown Substances
Page 54
Final
Appendix to Conditions - Services
Ref: 25044
Title: Waste Management of Unkown Substances including Hazardous
Waste
Condition
1
Contract Supervisor
3
Julie Lillie
Address:Environment Agency
Tyneside House
Skinnerton Road
Newcastle Upon Tyne
NE4 7AR
2
Contractor
Please insert company name
Address:
Please insert details for correspondence
3
4
Completion
Contract Start Date
7 January 2013
Contract End Date
6 January 2015
Insurance
Third Party Minimum Cover
Public Liability Min. Cover
5
6
17
£5 million
£5 million
Limit on Liability
16
Limit on Contractors Liability £5 million
25044 – Provision for Removal of Unknown Substances
Page 55
Final
Appendix A
See attached maps showing areas where services are to be provided
25044 – Provision for Removal of Unknown Substances
Page 56
Final
Appendix B
Contractor Performance Management - Health, Safety and Environmental
Yellow/Red card process
This process will form part of the contract. Please take time to read and
understand this approach, how it will be applied to the contracting activities,
performance KPIs and the implications for you as a contractor.
1. Dealing with
poor
performance –
yellow & red
card process
1.1 Trigger
s for
yellow
and red
card
system
If a contractor is performing poorly from a health, safety and/or
environmental perspective, the system below will be used to address the
issue.
This system is not connected with the Dynamic Risk Assessment red carding
process.
The yellow and red card process will be triggered for any of the following
issues:
Health and Safety

For all injuries, fatalities, and Dangerous Occurrences reportable
under the ‘Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995’ (RIDDOR).

All electricity cable and gas mains service strikes.

All other Near Misses and injuries which in the opinion of the
Environment Agency could have resulted in death or serious injury.

An Improvement or Prohibition Notice is issued by an enforcing
authority and the incident or situation giving rise to such notice could
have resulted in death or serious injury.

Management failings, requiring intervention by Environment Agency
staff or others to prevent any of the above.

Environmental
All major incidents (Cat 1 or 2 on NIRS).

All major non compliances (Cat 1 or 2 on NIRS / CCS) and any
instances where permits are missing or not complied with.

Infringement of legislation that could result in significant
environmental damage (such as hazardous waste being disposed off
as non-hazardous or mismanagement of protected sites, habitats or
species).

Any near misses or incidents which in the opinion of the Environment
Agency could have resulted in a serious incident.

Management failings, requiring intervention to prevent any of the
above.

Activities that could affect our reputation.
25044 – Provision for Removal of Unknown Substances
Page 57
Final
1.2 Action
to take
with the
yellow
& red
card
process
If any of the issues detailed above occur, the following guidance explains
how to issue a yellow or red card.
The degree to which the guidance is implemented will need to be adapted on
the risk level and type of work to be undertaken.
For H & S, the issue will be recorded on the Agency SHERMs system. For
environment, the occurrence will be recorded (and managed) according to
procedures on reporting of incidents, near misses and non-compliances and
the Regional Environmental Management Advisor (REMA) will be advised.
Procurement will also be advised of the intention to trigger the yellow/red
card process.
The contractor will be formally advised of the intention to trigger the
yellow/red card process.
Yellow Card
When a yellow card is triggered the contractor must stop work and provide a
formal action and monitoring plan to ensure no repetition of the same
incident.
A yellow card would be issued for:

Continual indiscretions after repeated verbal challenges for poor
practice, including poor quality of documentation.

Failure to manage sub contractors effectively.

Poor attitude towards members of the public and land owners.

Failure to follow method statements and risk assessments.

A deliberate indiscretion that is felt does not warrant an immediate
red card but is of such a serious nature that an action plan should be
implemented to ensure the bad practice is not repeated.
Red Card
In cases of extremely serious breaches of health, safety and environmental
best practice, following a discussion with the Regional Health and Safety
Advisor or Regional Environmental Management Advisor, a red card will be
triggered against the contractor who must stop work immediately.
Red cards would be issued for:

Two yellow card offences over the course of the contract(s) –
depending on risk level and duration.

Serious breach or deliberate act of non-compliance with statutory and
Environment Agency health, safety and environmental regulations,
directives and codes of practice.
If a contractor has received a red card they will have been in serious
breach of their contract terms and conditions and:


Will be asked to leave site immediately.

Be suspended from the contract or Framework.

May not be asked to tender for a period of one year.

May be asked to pay any additional costs incurred by the
Environment Agency in relation to appointing an alternative supplier
to complete the contract.
25044 – Provision for Removal of Unknown Substances
Page 58
Final
Appendix C
Pricing schedules attached (framework rates)
25044 – Provision for Removal of Unknown Substances
Page 59
Final
Appendix D
Scenarios and Costing Schedules attached
25044 – Provision for Removal of Unknown Substances
Page 60