HR Infomration System - ITT by hF1I2g1

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									                 INVITATION TO TENDER

   Occupational Health Service Provision 2009- 2013



Client:            Edinburgh Napier University

Return Date:       29th of July 2009 12:00 hours

Return to:         David Campbell MCIPS
                   Head of Procurement
                   Finance Services
                   Edinburgh Napier University
                   Craighouse Campus
                   Craighouse Road
                   EDINBURGH EH10 5LG

TENDER
REFERENCES

OJEU Ref:          2009/S 118-171178

Internal Ref:      NU0809-1906-2

                   Tenders packages must clearly display the Tender
                   References above.


Please ensure if you intend to make a bid for the services contained in
this document that you inform David Campbell by email at
d.campbell@napier.ac.uk at your earliest convenience.
Table of Contents
1     INTRODUCTION ........................................................................................
    1.1    Project Overview & Objectives ............................................................
2     INSTRUCTIONS TO SUPPLIERS ..............................................................
    2.1    Purpose of this Invitation to Tender (ITT) ............................................
    2.2    Format of Response ............................................................................
3     THE EVALUATION PROCESS ..................................................................
      3.1.1     Stage 1- Completion of Pre-Qualification Questionnaire (PQQ) ...
      3.1.2     Stage 2- Completion of Key Requirements in the ITT ..................
      3.1.3     Format of Response .....................................................................
      3.1.4     Scoring .........................................................................................
      3.1.5     Stage 3 - Reference Visits ............................................................
      3.1.6     Stage 4 - Presentations ................................................................
    3.2    Assessment & Selection Criteria .........................................................
    3.3    Selection Process ................................................................................
    3.4    Selection Timetable .............................................................................
    3.5    Completion and submission of tender .................................................
    3.6    Requests for clarification ....................................................................
    3.7    Submission of Tenders ........................................................................
    3.8    Implementation Program .....................................................................
4     BACKGROUND ..........................................................................................
    4.1    Edinburgh Napier University Overview ................................................
      4.1.1     Purpose ........................................................................................
      4.1.2     Values ..........................................................................................
      4.1.3     Location ........................................................................................
      4.1.4     University Staff Profile ..................................................................
    4.2    Current Occupational Health Service Provision ...................................
5     KEY REQUIREMENTS ...............................................................................
    5.1    Occupational Health Service Provision ................................................
    5.2    OH Services Required .........................................................................
      5.2.1     Pre-employment Medical Screening .............................................
      5.2.2     Occupational Health Medical Screening/Occupational Health
      Surveillance ................................................................................................
      5.2.3     Management referral, interview and/or examination .....................
      5.2.4     Self Referrals ................................................................................
      5.2.5     Vaccinations/immunisation, administration and advice including
      travel and COSHH requirements ................................................................
      5.2.6     Occupational Health guidance and support ..................................
      5.2.7     Defibrillation Service Provision .....................................................
    5.3    Health and Safety Training and support ..............................................
    5.4    First Aid Policies and Procedures ........................................................
    5.5    Management Reviews .........................................................................
    5.6    Health Records ....................................................................................
    5.7    Administrative Services .......................................................................
    5.8    Service Delivery Standards .................................................................
      5.8.1     Following is a guideline Service Delivery Standards, against
      which the supplier should outline their own standards against which they
      intend to perform.........................................................................................


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6     LEGISLATIVE & STATUTORY COMPLIANCE ...................................... 26
7     COST INFORMATION REQUIRED ........................................................ 26
8     APPENDICES......................................................................................... 27
    8.1  Appendix 1 – Edinburgh Napier University Organisation Structure . 28
    8.2  Appendix 2 – Pre Qualification Questionnaire ................................. 29
    8.3  Appendix 3 – Financial Cost Statement .......................................... 41
    8.4  Appendix 4 – Terms & Conditions ................................................... 41




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        Edinburgh Napier University Occupational Health Service Provision



 1 INTRODUCTION

Edinburgh Napier University is currently undertaking a project to select an
Occupational Health Service Provision (OSHP) to promote the health, safety
and welfare of employees of the University by offering confidential advice and
assistance in:
     Promoting health at work
     Promoting healthy working conditions
     Helping recovery and return to work after illness or injury
     Improving health and fitness.

The University is looking to provide an effective occupational health service,
which should be able to provide advice on how a person‟s existing state of
health is likely to affect their work or be affected by work. Advice which is
provided to assist the University in making decisions.

1.1 Project Overview & Objectives

The University currently has an Occupational Health Service provider in place,
namely IOM Consulting Limited, with whom the University is contracted until
August 2009. The University is tendering to initiate a new contract of services
which will operate for a three-year period from the date of commencement.

The University is therefore taking this opportunity to review the market to
select and implement an Occupational Health Service provider that meets its
revised requirements and objectives.

The key objectives of the service provision, which are detailed within the
tender document below, are that it should:

    •      Screen    in   respect   of  pre-employment/pre-activity  health
          questionnaires supported by medical assessment/examination where
          appropriate,
    •      Provide services in respect of occupational health medical screening /
          occupational health surveillance,
    •     Undertake management referrals, interviews and/or examinations,
    •      Provide     information    and     guidance    in     respect     of
          vaccinations/immunisation, administration and advice including travel
          and COSHH requirements,
    •     Management of a First Aid initiative for the University,
    •     Provide occupational health guidance and support,
    •     Provide support to Health and Safety for the University
    •     Support Management reviews
    •     Maintenance of Health Records for employees.


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     Edinburgh Napier University Occupational Health Service Provision


 2 INSTRUCTIONS TO SUPPLIERS


2.1 Purpose of this Invitation to Tender (ITT)

The purpose of this document is to invite tenders for the supply of an
Occupational Health Service Provision (OHSP). This document forms the
basis on which prospective suppliers of such a system will be assessed.

Potential suppliers will be expected to demonstrate that they can provide the
services and support to implement the above. The supplier must also
demonstrate that the service provision is capable of supporting the University
to deliver the key objectives in Section 1.1.


2.2 Format of Response
Full details of the form of tender response required from suppliers in relation
to this ITT are detailed in this section.

The supplier should provide documentation detailing how their services meet
the University‟s requirements.

The response should include the following as a minimum requirement:

Required Documentation                             Format
   Completed Pre-Qualification                    Microsoft Office or PDF
      Questionnaire in Appendix 2
   Responses to sections 5-6                      Microsoft Office or PDF
   Completed cost information contained in        Microsoft Office or PDF
      Appendix 3




 3 THE EVALUATION PROCESS
The evaluation panel will use the most economically advantageous tender
method (MEAT) which involves criteria such as: delivery or completion date,
running costs, cost-effectiveness, quality, aesthetic and functional
characteristics, technical merit, after sales service and technical assurance to
identify the tender responses which will best meet the requirements of
Edinburgh Napier University and be most economically advantageous.

Evaluation of the tender and requirements specification will be in 4 stages:




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3.1.1 Stage 1- Completion of Pre-Qualification Questionnaire
      (PQQ)
Suppliers MUST complete the Pre-Qualification Questionnaire provided in
Appendix 2. The Evaluation panel will evaluate the PQQ. If all the required
questions are not answered satisfactorily then suppliers will not proceed to the
next stage and will so be informed.


3.1.2 Stage 2- Completion of Key Requirements in the ITT

Suppliers MUST complete all Sections 5 – 6. Suppliers are required to
provide comprehensive responses in all sections. Where applicable, please
ensure that copies of example forms, documents or reports are provided with
relevant sections (e.g. example management referral form).

3.1.3 Format of Response
Please ensure that your responses demonstrate how you will achieve each
requirement detailed in sections 5 and 6 ensuring you refer to each point for
example “Response to question in 6.1.1”; – if you cannot meet the
requirement you must state that you cannot meet the requirement and explain
why not.


3.1.4 Scoring
Each point in sections 5 and 6 will attract a score depending on how well
demonstrated each point is answered – yes no answers will score no points
you must demonstrate how you will achieve each requirement.


3.1.5 Stage 3 - Reference Visits
The University will participate in a minimum of 1 reference site visit of Short
Listed service providers. The evaluation panel will use the quality criteria to
evaluate the reference visits.

3.1.6 Stage 4 - Presentations
The Short List of service providers will be invited to deliver an initial
presentation to the Project Board demonstrating their service provision as
detailed in the tender response.

The quality criteria will be used to evaluate stage 4.

3.2 Assessment & Selection Criteria

The contract will be awarded to the tender that is assessed as the most
economically advantageous to Edinburgh Napier University. The tender will
therefore have to demonstrate value for money and will be evaluated on
quality as well as cost. Edinburgh Napier has decided to adopt a quality to
cost ratio of 60:40. This means that 60% of the tender score will be based on
quality criteria and 40% on cost.


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     Edinburgh Napier University Occupational Health Service Provision



The cost criteria will be assessed using whole life costs applicable to term of
the 4 year duration of the contract and sufficient information on costs over the
contract term need to be supplied in order that the whole of life costs can be
easily calculated.




3.3 Selection Process

The University does not undertake to accept the lowest tender, or part of any
tender, and the acknowledgement of receipt of any submitted tender should
not constitute any actual or implied agreement between the University and the
supplier. The University reserves the right to accept or reject any part, or all,
of any tender or tenders at its sole discretion.

All points within this document requiring a response must be addressed in the
format detailed above. The University reserves the right to reject any
submission which does not follow the required format. Incomplete or missing
responses will be treated as confirmation the requirement cannot be met.

Final selection of supplier will take place after the presentations and reference
site visits.

3.4 Selection Timetable

The following timetable applies to the selection process. Please note the
supplier presentation and workshops dates are fixed and suppliers short listed
will be invited to visit the University on the range of dates below:-

Action                             Date
Tender Issue Date                  16th June 2009
Response Due Date                  29th July 2009
Notify short listed suppliers by   13th August 2009
Supplier presentations             25th August 2009
Selection Decision                 28th August 2009




3.5 Completion and submission of tender

It should be understood that Edinburgh Napier University is not liable for any
costs incurred by suppliers in the preparation and submission of their
response to this ITT, as well as during all other stages of the evaluation
process. The preparation of supplier tenders will be made without obligation



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to the company to acquire any of the items and/or services included within the
tender, or to select any supplier‟s tender.

Suppliers will be deemed to have examined all the documents enclosed with
this ITT and will be held to have fully informed themselves as to the nature
and extent of the requirements detailed in the ITT. The University expects that
the supplier will meet all the requirements as outlined in their tender response.

If a supplier finds that at any point when considering this ITT that
circumstances prevent them from tendering for the contract, they are
requested to contact Edinburgh Napier University as soon as possible.


3.6 Requests for clarification

All requests for clarification of the information provided must be submitted in
writing or via email for the attention of the below member of staff – please
note this is clarification only we will not issue additional information:

Hazel Cameron
Human Resources Client Partner
Human Resources
Edinburgh Napier University
The Forum
Bankhead Crossway North
Sighthill Industrial Estate
Edinburgh
EH11 4BP
Email: h.cameron@napier.ac.uk




3.7 Submission of Tenders

Three complete sets of tender documentation and one electronic copy should
be submitted to:

David Campbell MCIPS
Head of Procurement
Finance Services
Napier University
Craighouse Campus
Craighouse Road
EDINBURGH EH10 5LG

The closing date for tenders is 12:00 hours on 29th of July 2009. Any
tenders received after this date and time will not be reviewed and the bid
eliminated.




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       Edinburgh Napier University Occupational Health Service Provision


3.8 Implementation Program

An implementation program will be confirmed in detail with the successful
supplier; however, as a guideline of the intended dates applicable, suppliers
should note that the University expects the successful supplier to be able to
implement services with effect from the 1st of September 2009. This allows a
handover period with the existing provider (if applicable) until the 30 th of
September 2009.




 4 BACKGROUND


4.1 Edinburgh Napier University Overview
Edinburgh Napier University is dedicated to providing higher educational
services which support the transformation of people, businesses and
communities.

It is Edinburgh Napier's vision to be widely regarded as the best modern
University in Scotland by 2010.

4.1.1 Purpose

Edinburgh Napier University makes a commitment to deliver what our
customers want, in accessible, flexible and creative ways, inspiring
confidence in our students, staff and with the employers and communities we
serve, both home and abroad.

4.1.2 Values
       We will be creative and innovative in the pursuit of excellence
       We will be customer-focused and responsive in all that we do
       We will be accessible and flexible to the widest possible range of
        learners
       We will foster confidence in ourselves and in our students
       We will work together with partners and colleagues at home and
        abroad to achieve our strategic objectives


4.1.3 Location
Edinburgh Napier University is located in the City of Edinburgh. We have four
main campuses in Edinburgh itself as well as 6 additional smaller campuses
in the city and surrounding area.




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4.1.4 University Staff Profile

Academically the University is organised in 3 faculties with 14,002 students
and 1695 full time and part time staff. The Staff profile is summarised in
below:-




 Staff Numbers (June 2008)
                                      Faculty


 Staff Numbers                                                             Grand
                       Engineering,                              Other
 (Headcount)                                                               Total
                        Computing    Health,
                           and       Life &
                         Creative    Social  Business
                        Industries  Sciences School
 Academics                 309        225      158                25        717
 Research                  37          19       14                12         82
 Senior
 Management                  0             0           0           5         5
 Support                    66             56          47         616       785
 Technical                  40             21          2           43       106
 Grand Total                452           321         221         701       1695

Please see Appendix 1 for the University‟s Organisational Structure

 4.2 Current Occupational Health Service Provision

The current service supplier has provided occupational health service since
August 2004.

Based on the most recent annual report (April 2008 – March 2009) received
from the existing provider, the following statistics will be a guideline:
(It should be noted that this is not necessarily an indication of the services that would be
expected going forward – and should be used only as an informative guide)

Work Undertaken                                 Numbers
Management referrals                            30
Management referral reviews                     82
Self referrals                                  15
First aid advice/treatment                      0
Work-related mental health                      12 cases


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     Edinburgh Napier University Occupational Health Service Provision


Non work-related mental health            9 cases
Pre-employment paper screening            222
health questionnaires/appointments
Vision screening                          0
DSE assessments (including reports        38
and review)
Drivers medicals                          12
New     and      expectant   mothers      3
assessment
Health surveillance                       51
Health     and     Safety   induction     4
presentations
Health Promotion events                   6

Meetings attended
Health promotion working group            13
Case reviews and 1:1 meetings with        3
HR Client partners
Meetings with managers                    11
Public health meetings                    4
Health    and    Safety   committee       3
meetings
Health and Safety Facilities Liaison      1
meeting
Stress awareness working group            4
meetings
Other Health and Safety meetings          8
Other Human Resources meetings            10
Other First Aid meetings                  2



 5 KEY REQUIREMENTS

The University requires a service provider which will offer services to meet the
requirements of both management and employees, thus supporting the
University‟s continued endeavour to be an employer of choice.

The University is committed to ensuring that the potential for ill health or injury
arising from university activities or premises are minimised at source to the
lowest level that is reasonably practicable. It recognises that this duty of care
for its staff extends to mental health as well as physical health at work.

Through the support of Health and Safety within the University, it is
demonstrated that a commitment exists to do all it can to ensure that staff,
students and others are protected from risks to health arising from work. The
University conditions of employment require employees to co-operate with
occupational health related assessments where required, and particularly



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where there is a risk to the employee or other members of staff, students or
visitors to the University.

The key requirements that the University seeks from a service provider are
detailed in this section.

As part of your tender proposal, suppliers should indicate how they would
meet the contract specification as well as the guideline service delivery
standards together with the costs to do so. Please refer to Section 3.1.3 for
the format of response for this section which clearly requests you to




5.1 Occupational Health Service Provision

5.1.1. The Occupational Health Service will provide a suitable number of staff
     (OH physicians, OH advisers, and administrative support), appropriately
     qualified in the particular specialism of occupational health as required to
     meet the scope of the contract.

5.1.2. An Occupational Health Adviser will be on-site (as to be determined)
     and available on an appointment basis during normal working hours
     throughout the year and detail a named point of contact for
     administrative purposes and in the case of a complaint. Dedicated
     premises and equipment may be made available to facilitate this.
     Should a service have facilities and services available these should be
     detailed at this juncture.

5.1.3. The Occupational Health service will be expected to prioritise the
     appointments with the relevant physician or adviser as is appropriate, to
     ensure the expedition of matters. This must also ensure that the
     physician is available to address escalated matters and a consistency of
     the services is received by employees.

5.1.4. The services of a female doctor will be made available, where required.




5.2 OH Services Required

Within its occupational health framework the University requires:




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5.2.1 Pre-employment Medical Screening


5.2.1.1 Screening of pre-employment/pre-activity health questionnaires
        supported by medical assessment/examination where appropriate.


5.2.2 Occupational Health Medical Screening/Occupational Health
      Surveillance


5.2.2.1 Occupational Health medical assessments/examinations and health
        checks as appropriate or as required under relevant legislation
        including:

      o Display Screen Equipment users;
      o COSHH requirements – physical, chemical, biological
      o Compressed air;
      o Lead;
      o Asbestos;
      o Ionising Radiations;
      o Employees subject to:
           o noisy working environments;
           o hand-arm vibration;
           o whole body vibration;
           o confined spaces;
           o extreme temperatures;
           o work at height.
      o Drivers;
      o Employees specifically subject to the working time regulations;


5.2.2.2 Advice on occupational health risk assessment for all of the above
        and also:

      o   Young workers;
      o   Pregnant Workers/Nursing Mothers;
      o   Disability;
      o   Ergonomics;
      o   Manual Handling;
      o   Lone Working.


5.2.2.3   In addition, assistance will be required with the development of
          relevant health surveillance checklists/forms for internal use in the
          assessment of health risks.

5.2.3 Management referral, interview and/or examination



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5.2.3.1. Referrals will be initiated either directly by the relevant line manager
         or via Human Resources, for employees following recurrent short-
         term or long-term absence; work-related ill health and non-work
         related ill-health, stress or for any other relevant purpose such as
         chronic illness conditions or following accident/injury. Suppliers are
         invited to detail how appointments are scheduled, whether they are
         prioritised in any way, or whether a triage or initial assessment is
         undertaken.

5.2.3.2. These arrangements are in line with the relevant Human Resources
         Policies, such as Managing Sickness Absence, Disability Leave,
         Employee Support Procedure and Managing Stress, copies of which
         if required are available from the contact as detailed in section 3.6
         Included within these policies are time frames that should be met.

5.2.3.3. Advice will be provided on rehabilitation, capability, redeployment, ill-
         health retirement within the scope of both Local Government
         Pension Scheme and Scottish Teachers Pension regulations, and
         industrial injury policy payment queries. A report to Human
         Resources and the relevant line manager will be provided by the
         Occupational Health Service and follow-up appointments will be
         arranged by the Occupational Health Service as appropriate.

5.2.3.4. Sickness absence or return to work assessments will involve an
         initial consultation and examination and may involve further
         consultations as part of the same assessment, making enquiries of
         the employee‟s G.P. or hospital doctor, and recommending referrals
         as appropriate. Suppliers should detail follow up management, and
         whether these are limited.

5.2.3.5. Where advice from a referred employee‟s GP or Specialist
         Consultant is required on matters such as non-termination or non-
         certification of entitlement to an ill-health pension, the Occupational
         Health Adviser will liaise with Human Resources beforehand
         regarding the need for such advice.

         In the event of an employee wishing to appeal against termination of
         employment on medical grounds, or on capability grounds
         associated with any medical condition, the attendance of a medical
         representative from the Occupational Health Service will be required
         as appropriate at any court related hearing or any tribunal arising out
         of action taken by the University or as a consequence of any
         medical information/advice provided.


5.2.4 Self Referrals

5.2.4.1. The University allows employees to refer directly to the Occupational
         Health Service in confidence. Suppliers should detail how this



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           process is managed, in particular, in terms of promotion of
           appropriate feedback where required.


5.2.5 Vaccinations/immunisation, administration                  and     advice
      including travel and COSHH requirements

5.2.5.1. The provision of up to date advice on appropriate vaccinations and
         preventative strategies following exposure;

5.2.5.2. The provision of pre-travel medical advice and examination as
         required;

5.2.5.3. The provision of vaccinations and anti-viral treatment to University
         employees in the event of an influenza pandemic;

5.2.5.4. The provision of vaccinations for specified employees (e.g. First Aid
         Officers against Hepatitis B.)


5.2.6 Occupational Health guidance and support

5.2.6.1.   Assistance in the formulation and introduction of policies relating to
           the health of employees e.g. smoking cessation, stress, HIV and
           blood-borne viruses, pregnancy etc.

5.2.6.2.   The provision of service summaries in respect of the monitoring of
           ill-health issues and research e.g. smoking;

5.2.6.3.   The provision of advice on outbreaks of infectious diseases,
           following liaison with external agencies;

5.2.6.4.   To act as a first point of contact for occupational health advice to
           managers and employees;

5.2.6.5.   The provision of advice on policy, general occupational health and
           legislative changes that will affect the service provided or
           relationship of the people involved;

5.2.6.6.   The provision of advice on the occupational health aspects of
           Emergency Planning;

5.2.6.7.   Attendance at relevant Committee meetings as required, with
           appropriate representation (normally only one attendee), which
           may, among others, include:

             o University HSE Committee
             o Stress Management working group




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5.2.6.8.     OH initiatives, health education and awareness raising in support of
             the Health and Safety Department and Human Resources,
             Corporate Learning and Development.

5.2.6.9.     Report accidents to ensure liaison with Health and Safety
             Department and resultant outcomes.


5.2.7 Defibrillation Service Provision

5.2.7.1      Edinburgh Napier intends to have Defibrillation Services at three
             locations in the first instance as a pilot, with a possibility of further
             implementations in due course.

5.2.7.2.     The management of this service would be expected from the
             Occupational Health Service, in terms of auditing the use, ensuring
             appropriate management of equipment, and training where
             appropriate.


5.3 Health and Safety Training and support

5.3.1.       The Occupational Health Service may undertake occupational
             health related training on behalf of the University within a planned
             and agreed programme and in conjunction with the Health and
             Safety & Human Resources, Corporate Learning and
             Development. Suppliers should demonstrate their experience in
             this respect. Training may include (but not be limited to):


         o   OH management procedures;
         o   Stress – awareness, management, risk assessment;
         o   Skincare/dermatitis;
         o   Occupational lung disease;
         o   Noise;
         o   Vibration;
         o   Back Care/Manual Handling;
         o   COSHH
         o   Display Screen Equipment/Ergonomics.


5.4 First Aid Policies and Procedures

5.4.1.       The university has First Aid Rooms located at most campuses, and
             would require that these are monitored to ensure that they are
             appropriately stocked and maintained, as well as appropriate
             signage displayed. This would include regular reviews of the
             usage and addressing any issues resulting from these reviews.
             This will include matters such as wheelchair monitoring.



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5.4.2.      A schedule of trained first aid co-ordinators and first aiders must be
            maintained, including ensuring that all areas within the University
            are suitably represented, with regular review of the training
            undertaken, and notification of refresher training requirements.


5.5 Management Reviews

5.5.1.      The Occupational Health Contract Manager will attend a meeting
            every two months with the Depute Director of Human Resources to
            review progress with the service level agreement and relevant
            programmes e.g. occupational health surveillance.

5.5.2.      The Occupational Health Adviser will develop the service to its full
            capacity in conjunction with nominated managers from Human
            Resources and Health and Safety Departments.

5.5.3.      The Occupational Health Adviser will also report activity data,
            identify trends on a monthly basis and highlight any relevant issues
            to Human Resources which need to be addressed, putting forward
            plans to address those issues.

5.5.4.      A further report on a regular basis will collate the data referred to
            above and be available for presentation at the University Health
            and Safety Committee which is held three times per year.



5.6 Health Records

5.6.1. The Occupational Health Service shall keep health records that will be
       stored in a secure manner and in conformity with the Medical Reports
       Act 1988, Data Protection Act 1988, Access to Health Records Act
       1990 and all other relevant legislation. All records will be kept for 40
       years, unless specific legislation requires a longer period.

5.6.2. A record containing the following particulars should be kept for every
       employee undergoing health surveillance:

         o Surname, forenames, sex, date of birth, permanent address, post
           code, National Insurance number, date of commencement of
           present employment, current job description and a historical record
           of jobs involving exposure to substances requiring health
           surveillance in this employment;

         o Conclusions of all other health surveillance procedures and the date
           on which and by who they were carried out. The conclusions will be
           expressed as an independent assessment of the employee‟s fitness
           for his/her work and will include, where appropriate, a record of the


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            decisions of the Occupational Health Physician or appointed doctor,
            or conclusions of the Occupational Health Physician, Occupational
            Health Adviser or other suitably qualified or reasonable person, but
            not confidential clinical data.

5.6.3.    In addition to the particulars above, each health record must contain:

         o History of exposure to factors and agents (in addition to
           substances) that may have a detrimental effect on the employee‟s
           health, e.g. noise, vibration, high pressures, etc.;

         o Health surveillance activities;

         o Referrals on account of sickness absence;

         o History of previous employment in so far as it is relevant and
           available.

5.6.4. Written reports will be provided to the Human Resources Client Partner
       making the referral. These reports must contain non-clinical information
       in accordance with the Medical Reports Act 1988, Data Protection Act
       1988 and Access to Health Records Act 1990. The content of these
       reports should be objective, representing neither the sole interests of
       the individual or the University and should address the specific issues
       and/or questions raised by the referral. However, in the case of a
       retirement on the grounds of ill health, wording will be provided to
       satisfy the requirements of the appropriate pension scheme.


5.7 Administrative Services

5.7.1 Suppliers should provide details of the typical administration services
      included, and what the employees can expect service to include – e.g.
      details of administrative process surrounding appointments.


5.8 Service Delivery Standards


5.8.1 Following is a guideline Service Delivery Standards, against
      which the supplier should detail their own standards against
      which they intend to perform.




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                                             Service Delivery Standards

Occupational Health Services will be delivered in accordance with the schedule detailed below:


                            SERVICE                                                  DELIVERY PERIOD

   1   Pre-employment/pre-activity medical screening
       o Completed questionnaires not requiring follow-up o Completed report required to be submitted to Human
           interview and/or examination.                    Resources within 5 working days of receipt of medical
                                                            questionnaire.
       o Completed questionnaires requiring follow-up
           interview and/or examination by OH Adviser/OH o Interview/examination appointments and written reports
           Physician                                        required within 10 working days of receipt of medical
                                                            questionnaire.

                                                              o Prospective new recruits to be given 5 working days‟ notice of
                                                                appointments from receipt of medical questionnaire.

   2   Occupational Medical Screening/Occupational Health Surveillance
       o Completed questionnaires not requiring follow-up o Completed report required to be submitted to Human
          interview and/or examination.                     Resources within 5 working days of receipt of medical
                                                            questionnaire.
       o Completed questionnaires requiring follow-up
          interview and/or examination by OH Adviser/OH o Interview/examination appointments and written reports
          Physician                                         required within 10 working days of receipt of medical
                                                            questionnaire.

                                                              o Employees to be given 5 working days‟ notice of appointments
                                                                from receipt of medical questionnaire.




                                                               19
                           Edinburgh Napier University Occupational Health Service Provision



3   Management Referral, Interview and/or Examination
                                                         o Interview/examination appointments to be carried out within 10
                                                           working days of referral and written report returned to Human
                                                           Resources within 5 working days of interview/examination.
                                                           (NB In circumstances where the Occupational Health Service
                                                           needs to seek advice from a referred employee’s GP or
                                                           Specialist Consultant, an interim report should be provided by
                                                           the Occupational Health Service to Human Resources within
                                                           the deadline specified above. A full report to Human
                                                           Resources should be provided as soon as specialist advice
                                                           has been received. Where an additional appointment is made,
                                                           the line manager will be notified at the same time as the
                                                           employee.)

4   Occupational Health guidance, support and training
     o   Health Education                              o A programme of health education will be undertaken by the
                                                         Occupational Health Adviser as agreed.

     o Training                                          o A programme of occupational health and safety training will be
                                                           undertaken in conjunction with the Health, Safety &
                                                           Environment Section and Human Resources as agreed.

5   Appointments
    o Appointments                                       o Line managers will be advised of all appointments for their
                                                           employees by the Occupational Health Service.

    o Appointment cancellations and „no shows‟           o Occasionally employees referred by their line manager will
                                                           either fail to attend appointments, or cancel at short notice and
                                                           require alternative appointments. In circumstances involving
                                                           non-attendance of appointments, the Occupational Health



                                                          20
                           Edinburgh Napier University Occupational Health Service Provision


                                                            Service will promptly issue an alternative appointment and also
                                                            advise Human Resources and the line manager of the „no
                                                            show‟.

    o Emergency appointments                             o In emergency cases, as defined by Human Resources,
                                                           appointments (or first appointment in a series of appointments)
                                                           will be provided within 5 working days of a referral.

6   First point of contact – telephone help/advice
                                                         o To be provided within 24 hours of an enquiry.

7   Confidentiality
                                                         o The Occupational Health Service will act with discretion in
                                                           dealing with correspondence sent to them, when conducting
                                                           appointments with employees referred and refrain from
                                                           divulging sensitive information provided by the employer to the
                                                           employee.

8   Administration
    o The occupational health service shall provide an o The University expects the administration standard to meet the
      efficient financial accounting and administrative   agreed requirements
      service with monthly invoicing to show complete
      expenditure for each appropriate service.         o Invoices will be received on a monthly basis and will detail a
                                                          breakdown of the services charged for.

                                                         o Payment will be in accordance with the University‟s standard
                                                           terms – month end following month in which invoice received.

9   Contract
                                                         o Edinburgh Napier University will be the prime contractor and



                                                          21
                            Edinburgh Napier University Occupational Health Service Provision


                                                            any agreement will be in accordance with the University‟s
                                                            Standard Terms and Conditions.



11 Qualifications
   o The organisation must have been operating in the     o The Occupational Health Service shall provide the services of
     Occupational Health field for a minimum of 5 years     an Occupational Health Adviser who is recorded on the
     and employees must possess the following               professional register maintained by the UKCC as a „specialist
     qualifications.                                        practitioner‟ (occupational health nursing) together with a
                                                            minimum of 3 years experience in the occupational health
                                                            field.

                                                          o The Occupational Health Service shall provide the services of
                                                            an Occupational Health Physician who is a Member or Fellow
                                                            of the Faculty of Occupational Medicine or the EC equivalent.

                                                          o Any further qualification as required by the University, or any
                                                            third party to the University, in order to ensure that a
                                                            comprehensive and appropriate service is provided

                                                          o The Occupational Health Service shall provide adequate and
                                                            dedicated administrative support.

12 Insurance
   o The organisation must have appropriate insurance     o Professional Indemnity Insurance of a minimum of £5 million;
      specifically;
                                                          o Public Liability Insurance of a minimum of £10 million;


13 Availability/Accessibility
   o Occupational Health staff must be available during   o An Occupational Health Adviser must be available on site on



                                                           22
                            Edinburgh Napier University Occupational Health Service Provision


      University working hours specifically;                every working day of the week (i.e. Monday – Friday), for all
                                                            days that the University is operating (currently 52 weeks less
                                                            14 fixed holidays), in order to discharge their responsibilities
                                                            under the service level agreement. (Availability during a
                                                            standard University working day, Mondays – Fridays for
                                                            scheduling of appointments.)

                                                          o An Occupational Health Physician must be available on a
                                                            sessional basis once per week – time to be agreed (currently
                                                            ½ a day), in order to discharge their responsibilities under the
                                                            service level agreement.

                                                          o A dedicated administrator must be available to fullfill the
                                                            administrative requirements of the service – this should be
   o Occupational Health staff must be accessible to        detailed.
        staff at all campuses (as appropriate)
                                                          o Occupational Health Service medical staff must be able to
                                                            examine employees at all campus locations having the
                                                            appropriate reception and waiting areas together with suitable
                                                            modern facilities and equipment to undertake medical
                                                            examinations and interviews and the associated
                                                            administration.


14 Accountability
                                                          o The Occupational Health Service must directly answer all
                                                            queries referred by the department by the completion of the
                                                            approved University forms only.

                                                          o The Occupational Health Service may be asked to clarify,
                                                            supplement or re-draft reports/replies which do not effectively




                                                           23
                             Edinburgh Napier University Occupational Health Service Provision


                                                             address the issues or are not on the approved documentation
                                                             raised at no extra cost to the University.

                                                           o The Occupational Health Service must bear in mind at all
                                                             times that the service is primarily designed to assist the
                                                             University in managing health problems.

                                                           o The Occupational Health Service must not have any extra
                                                             dealings whatsoever with employees referred to them, in order
                                                             to avoid conflict of interest situations developing. If the
                                                             Occupational Health Service is subsequently discovered to
                                                             have a dual interest of this nature, then this will be deemed as
                                                             serious breach of the service level agreement, which may
                                                             result in termination of the contract.
                                                           .

15 Monitoring of Services
   The following will be reviewed on a regular basis:      o Commitment to the development of the service. The
                                                             Occupational Health Adviser will develop the service to its full
                                                             capacity in conjunction with nominated managers from Human
                                                             Resources and Health and Safety.

                                                           o The Occupational Health Contract Manager will attend a
                                                             quarterly meeting with the nominated Depute Director of
                                                             Human Resources to review progress with the service level
                                                             agreement and relevant programmes.

                                                           o Punctuality with regards to agreed lead times.

                                                           o The value for money of the service.




                                                            24
Edinburgh Napier University Occupational Health Service Provision


                              o Performance will be reviewed monthly for an               initial
                                probationary period of six months and thence quarterly.

                              o The Occupational Health Adviser will attend review meetings
                                with the University as requested.

                              o The Occupational Health Adviser will report trends on a
                                monthly basis and highlight any relevant issues to Human
                                Resources.




                               25
       Edinburgh Napier University Occupational Health Service Provision



 6 LEGISLATIVE & STATUTORY COMPLIANCE

The Health and Safety at Work etc Act 1974, is the primary piece of legislation
governing occupational health and safety in the United Kingdom. The Act and
associated legislation, places a duty on employers to establish and maintain a
safe and health system of work. In addition, employment legislation imposes
certain obligations on employers to make adequate enquiries about an
employee‟s health status and prognosis when it is relevant to a decision they
intend to make about their employment.

6.1.    Describe how your service will ensure that the university meets its
        requirements in terms of this legislation.




 7 COST INFORMATION REQUIRED

Suppliers are requested to provide a breakdown of cost information exclusive
of VAT, but inclusive of any educational discount and any other
discounts/special rates.

7.1.    Suppliers are requested to complete the financial costing statement as
        detailed in Appendix 3.




                                      26
 Edinburgh Napier University Occupational Health Service Provision



8 APPENDICES




                                27
                      Edinburgh Napier University Occupational Health Service Provision



8.1 Appendix 1 – Edinburgh Napier University Org. Structure

8.2




                                                     28
         Edinburgh Napier University Occupational Health Service Provision




 8.3 Appendix 2 – Pre Qualification Questionnaire



Guidance Notes for Completion of Qualification Questionnaire

Questionnaire Purpose

The purpose of this questionnaire is to allow us to identify a number of suitably
qualified and experienced businesses who will be invited to submit a tender for this
competition – given this ITT is advertised under the OJEU Open Procedure this PQQ
should be returned along with response to the requirements of the tender.

Questionnaire Layout

The questionnaire is split into 4 distinct parts:
Part A seeks background information;
Part B requests details of your financial status;
Part C relates to business probity and
Part D relates to service operation and quality issues.

All information requested should be provided in the order and format of the Parts.
Candidates may respond using their own text creation facilities


Questionnaire Responses

All responses will be treated in confidence.      Completed questionnaires may be
submitted either:

      a) Via email (scanned PDF preferable) or

      b) Via the postal system or delivered by hand etc.

Candidates are advised that their responses may be reproduced and that no further
indication or request prior to publication will be made.

Only information provided as a direct response to the questionnaire will be evaluated.
Information and detail which forms part of general company literature or promotional
brochures etc. will not form part of the evaluation process. Marketing material should
not be included

Supplementary documentation may be attached to the questionnaire where
applicants have been directed to do so. Such material must be clearly marked with
the name of the organisation and the question to which it relates. All questions must
be answered.




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         Edinburgh Napier University Occupational Health Service Provision




The response should be submitted by an individual of the organisation, company or
partnership who has authority to answer on behalf of that organisation, company or
partnership.

Should the response be found to be erroneous or in any other way incorrect, we
reserve the right to remove the candidate from the tender list(s)or where invitation to
tender have been issued, require the bidder to return the tender documents which
will be deemed void. In the case where the error or misrepresentation is not
discovered until after the contract is awarded, we reserve the right to determine the
contract and all costs incurred by us as a result of the determination shall be
recoverable from the provider under the contract

If applying on behalf of a consortium, please list the names and addresses of all
other members of the consortium. Please note that the questionnaire will be
evaluated on the basis of the details supplied in the questionnaire and, if shortlisted,
an Invitation to Tender will be issued to the nominated lead organisation only. Any
contract will be entered into with the nominated lead organisation and all members of
the consortium, who will in these circumstances each be required to execute said
contract together with all ancillary documentation, evidencing their joint and several
liability in respect of the obligations and liabilities of the contract. It will be for
members of the consortium to sort out their respective duties and liabilities amongst
each other. For administrative purposes, any associated documentation will be sent
to the nominated lead organisation.

  If sub-contractors are proposed to assist in the delivery of the service, please
  list the business names and addresses.
  NOTE: In respect of an expression of interest which includes consortia or sub-
  contractors, it is the lead organisation that completes the entire questionnaire and,
  in addition, arranges for each named organisation to complete Parts A, B and C
  and attach them to the completed questionnaire. Part D relates to issues affecting
  the quality of service to be delivered by the applicant.
  Or
  NOTE: In respect of an expression of interest which includes consortia or sub-
  contractors, it is the lead organisation that completes the entire questionnaire.
  However, we reserve the right to request further information in respect of the lead
  organisation and/or partnering organisations should it be deemed necessary for
  evaluation purposes.




                                          30
         Edinburgh Napier University Occupational Health Service Provision



Freedom of Information

The Freedom of Information (Scotland) Act 2002, which came into force on 1
January 2005, designates EDINBURGH NAPIER UNIVERSITY as a Scottish public
authority and therefore subject to the provisions and obligations in that Act. This
means that from 1 January 2005, any person who makes a valid request for
recorded information held by EDINBURGH NAPIER UNIVERSITY will be entitled to
receive it, unless all or part of that information can be withheld as a result of the
exemptions in that Act.
As part of our responsibility under the Act, EDINBURGH NAPIER UNIVERSITY may
be required to disclose any information held relating to your response to anyone who
makes a request under that Act. Such information may only be withheld if it meets
one or more of the exemptions or conditions in that Act. Information held cannot
simply be classified as “confidential" or "commercial in confidence" to enable it to be
protected from disclosure.
The 'Restricted - Commercial' header in these documents is part of EDINBURGH
NAPIER UNIVERSITY internal file protective marking system which provides
guidance for staff on the handling and storage of such documents, and is not an
indication that the information will be protected from disclosure in response to a valid
request.
EDINBURGH NAPIER UNIVERSITY may publish the names and contact details of
companies who have been issued with a Questionnaire on its website.
Information may also be requested under the Data Protection Act 1998 and the
current and forthcoming Environmental Information Regulations.




                                          31
        Edinburgh Napier University Occupational Health Service Provision




                                Questionnaire

1. CONTRACT TITLE

Invitation to Tender for Occupational Health Service Provision


2. TIMETABLE
  Return of questionnaire                        29/07/2009
   (Questionnaires received by Edinburgh Napier University after this date
   may not be considered)

  Issue of Tender Documents                      16/06/2009


  Return of Tender Documents                     29/07/2009


3. OVERVIEW OF THE REQUIREMENT

The University requires Occupational Health Service Provision commencing
01/09/2009.

4. CONTACT DETAILS

NAME                    David Campbell
ADDRESS
E-MAIL ADDRESS          d.campbell@napier.ac.uk

Any questions relating to procurement process should be addressed to the above
contact.




                                       32
        Edinburgh Napier University Occupational Health Service Provision




          PART A - BACKGROUND INFORMATION


1.   Name of Organisation

2.   Address for all correspondence




3.   Contact Name

4.   Contact Position

5.   Telephone Number

6.   Fax Number

7.   E-mail address

8.   Website address (if applicable)
9.   Address of Registered Office (If
     applicable)

10. Nature of Organisation
    (E.g. Plc, Partnership etc).
11. Number of Employees
12. Names of the Directors         or
    Partners

13. Group
    If the Organisation is a Member
    of a Group of Companies,
    please give the name and
    address of the ultimate parent
    company.
14. Company Registration Number
    (or alternative EU registration
    number).
15. VAT Registration Number
    (or alternative EU registration
        number).
16. Consortia Details (if applicable)




                                        33
        Edinburgh Napier University Occupational Health Service Provision




     1. Name and address


     Identify which part of the service
     this consortia member will
     deliver
     2. Name and address


     Identify which part of the service
     this consortia member will
     deliver
     3. Name and address


    Identify which part of the service
    this consortia member will
    deliver
17. Sub Contractor Details (if applicable)

     a. Name and address

     Identify which part of the service
     this sub contractor will deliver
     b. Name and address

     Identify which part of the service
     this sub contractor will deliver
     c. Name and address

     Identify which part of the service
     this sub contractor will deliver




                                          34
         Edinburgh Napier University Occupational Health Service Provision




            PART B - FINANCIAL STATUS

 18. BANK DETAILS
 19. Name of Bank:
     (from which a financial reference
     may be sought).
 20. Address:




 21. Telephone Number:

 22. Suitable contact name:

 23. Telephone Number:
     (if different)
 24. Provide details of the Annual Turnover (in £ Sterling) for:

      Latest Year

      One year previous


Please attach one copy of your organisation‟s audited accounts (or equivalent) and
the accounts of your group (if any) for the last 2 years in English and in UK Sterling
together with details of any significant changes since the last year end. Copies of
the accounts should be signed and dated by Directors and auditors (preferably
scanned, if being submitted electronically) or marked as draft




                                          35
             Edinburgh Napier University Occupational Health Service Provision




                 PART C - BUSINESS PROBITY

    25. Please confirm whether any of the following criteria applies to your
        organisation:

          Is the organisation bankrupt or      YES
          being wound up, having its
          affairs administered by the          NO
          court, or have you entered into
          an arrangement with creditors,
          suspended business activities or
          any analogous situation arising
          from similar proceedings under
          national laws or regulations?
          Is the organisation the subject of   YES
          proceedings for a declaration of
          bankruptcy,     for compulsory       NO
          winding-up or administration by
          the court or for an arrangement
          with creditors or of any other
          similar     proceedings     under
          national laws or regulations?
          Has any employee whom you            YES
          would propose to use to deliver
          this service been convicted of       NO
          an offence concerning his
          professional conduct by a
          judgement which has the force
          of res judicata?1
          Has any employee whom you            YES
          would propose to use to deliver
          this service been guilty of          NO
          misrepresentation in supplying
          or failing to supply the
          information that may be required
          in this Section?




1
    A matter already settled in court




                                               36
       Edinburgh Napier University Occupational Health Service Provision




     Has any employee whom you            YES
     would propose to use to deliver
     this service been guilty of grave    NO
     professional misconduct?
     Has the organisation failed to       YES
     fulfil obligations relating to the
     payment of social security           NO
     contributions in accordance with
     the legal provisions of the
     United Kingdom or the country
     in which it is established?
     Has the organisation failed to       YES
     fulfil obligations relating to the
     payment of taxes in accordance       NO
     with the legal provisions of the
     United Kingdom or the country
     in which it is established?


Note: Failure to disclose information relevant to this section may result in
your exclusion from this and/or other competitions.




                                          37
       Edinburgh Napier University Occupational Health Service Provision




           PART D – SERVICE OPERATION AND QUALITY

26. What are the principal business activities of your organisation?




27. State your organisation‟s experience in delivering the same or similar service to
    that described under Contract Details




28   Provide contact details for 2 referees for work within the last two years that is
     similar or the same to that required by this requirement. Note that contact will
     be made with referees without further reference to you.
     a. Referee Organisation
     Contact Name
     Title
     Address




     Service Provided
     Period of Contract
     Approx Value of Contract
     b. Referee Organisation
     Contact Name
     Title
     Address



     Service Provided
     Period of Contract
     Approximate Value of Contract




                                        38
         Edinburgh Napier University Occupational Health Service Provision




      TECHNICAL CAPACITY
      Provide management/project leader experience, education and professional
      qualifications for those leading the management of the provision of the
      goods/services required




      Provide details of human resources, plant and technical equipment available
      for providing this service




Finally in addition please provide the details of the following

Certificates of Insurances
Employer‟s Liability Compulsory Insurance (ECLI)
Public Liability Insurance
Professional Indemnity Insurance

Standards and Policies
Health and Safety
Quality Assurance
Equal Opportunities
Environmental Management




                                           39
          Edinburgh Napier University Occupational Health Service Provision



EXPRESSION OF INTEREST

Name of organisation/lead organisation wish to register interest and apply to be
considered for short listing to receive Invitation to Tender documentation for
provision of Occupational Health Services. I confirm that the answers given on
this questionnaire are true, complete, accurate and not misleading.

Signed:

Print Name:

Title:

Date:




                                         40
         Edinburgh Napier University Occupational Health Service Provision



8.3   Appendix 3 – Financial Cost Statement

Contract for Occupational Health Service Provision Edinburgh Napier University



I/We hereby offer to supply to Edinburgh Napier University any goods or services the
subject of this Contract for the total sum of (excluding VAT):


                    DESCRIPTION                                 COST




Signed:____________________       Date:_______________




For and on behalf of: __________________________________




                                          41
         Edinburgh Napier University Occupational Health Service Provision



8.4 Appendix 4 – EDINBURGH NAPIER UNIVERSITY Terms & Conditions

INTERPRETATION

1.1 In these Conditions:

       "Buyer" means Edinburgh Napier University.

       "Conditions" means the standard conditions of purchase set out in this document and
       (unless the context otherwise requires) includes any special terms and conditions
       agreed in writing between the Buyer and the Seller.

       "Order" means the Buyer's purchase order to which these Conditions are annexed.

       "Services" means the services (if any) described in the Order.

       "Goods" means the goods (including any installment of the goods or any part of
       them) described in the Order.

       "Contract" means the contract for the sale and purchase of the Goods and the supply
       and acquisition of the Services on the Conditions

       "Delivery Address" means the address stated on the Order.

       "Price" means the price of the Goods and/or the charge for the Services.

       "Seller" means the person so described in the Order.

       "Specification" includes any plans, drawings, data or other information relating to the
       Goods or Services.

       "Writing" includes telex, cable, facsimile transmission and comparable means of
       communication.

1.2 Any reference in these Conditions to a statute or a provision of statute shall be construed
as a reference to that statute or provision as amended, re-enacted or extended at the
relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their
interpretation




                                              42
          Edinburgh Napier University Occupational Health Service Provision



 2. BASIS OF PURCHASE

 2.1 The Order constitutes an offer by the Buyer to purchase the Goods and/or acquire the
 Services subject to the Conditions.

 2.2 These Conditions shall apply to the Contract to the exclusion of any other terms and
 conditions on which any quotation has been given to the Buyer or subject to which the Order
 is accepted or purported to be accepted by the Seller.

 2.3 The University reserves the right to cancel the Order unless unconditionally accepted by
 the Seller in writing within 28 days of its date.

 2.4 No variation to the Order or these Conditions shall be binding unless agreed in Writing
 between the authorised representatives of the Buyer and the Seller.

 3. SPECIFICATIONS

 3.1 The quantity, quality and description of the Goods and the Services shall, subject as
 provided in these Conditions, be as specified in the Order and/or in any applicable
 Specification supplied by the Buyer to the Seller or agreed in Writing by the Buyer and the
 Seller.

 3.2 The Seller shall comply with all applicable regulations or other legal requirements
 concerning the delivery and the performance of the Services.

 3.3 The Goods shall be marked in accordance with the Buyer's instructions and any
 applicable regulations or requirements of the carrier, and properly packed and secured so as
 to reach their destination in an undamaged condition in the ordinary course.

 4. PRICE OF GOODS AND SERVICES

 4.1 The Price of the Goods and the Services shall be as stated in the Order and, unless
 otherwise so stated, shall be:

 4.1.1 exclusive of any applicable value added tax (which shall be payable by the Buyer
subject to receipt of a VAT invoice); and any applicable VAT should be shown separately.

 4.1.2 inclusive of all charges for packaging, packing, shipping, carriage, insurance and
delivery of the Goods to the Delivery Address and any duties, imposts or levies other than
value added tax.

 4.2 No increase in the Price may be made (whether on account of increased material, labour
 or transport costs, fluctuation in rates of exchange or otherwise) without the prior consent of
 the Buyer in Writing.

 4.3 The Buyer shall be entitled to any discount for prompt payment, bulk purchase, or
 volume of purchase customarily granted by the Seller, whether or not shown on its own
 terms and conditions of sale.




                                               43
         Edinburgh Napier University Occupational Health Service Provision



5. TERMS OF PAYMENT

5.1 The Seller shall be entitled to invoice the Buyer on or at any time after delivery of the
Goods or performance of the Services, as the case may be, and each invoice shall quote the
number of the Order.

5.2 Unless otherwise stated in the Order, the Buyer shall pay the Price of the Goods and the
Services within 30 days after the end of the month of receipt by the Buyer of a valid invoice
or after acceptance of the Goods or Services in question by the Buyer whichever is the later.

5.3 The Buyer shall be entitled to set off against the Price any sums owed to the Buyer by
the Seller.

6. DELIVERY

6.1 The Goods shall be delivered to and the Services shall be performed at the Delivery
Address on the date or within the period stated in the Order, in either case during the
Buyer's usual business hours.

6.2 Where the date of delivery of the Goods or of performances of the Services is to be
specified after the placing of Order, the Seller shall give the Buyer reasonable notice of the
specified date.

6.3 The time of delivery of the Goods and of performance of the Services is of the essence
of the Contract.

6.4 A packing note quoting the number of the Order must accompany each delivery or
consignment of the Goods and must be displayed prominently.

6.5 If the Goods are to be delivered or the Services are to be performed by installments, the
Contract will be treated as a single contract and not severable.

6.6 The Buyer shall be entitled to reject any Goods delivered which are not in accordance
with the Contract, and shall not be deemed to have accepted any Goods until the Buyer has
had a reasonable time to inspect them following delivery or, if later, within a reasonable time
after any latent defect in the Goods has become apparent.

6.7 The Seller shall supply the Buyer in good time with any instructions or other information
required to enable the Buyer to accept delivery of the Goods and performance of the
Services.

6.8 The Buyer shall not be obliged to return to the Seller any packaging or packing materials
for the goods, whether or not any Goods are accepted by the Buyer.




                                              44
         Edinburgh Napier University Occupational Health Service Provision




7. RISK AND PROPERTY

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery to the
Buyer in accordance with the Contract.

7.2 The property in the Goods shall pass to the Buyer upon delivery, unless payment for the
Goods is made prior to delivery when it shall pass to the Buyer once payment has been
made and the Goods have been appropriated to the Contract.

8. WARRANTIES AND LIABILITY

8.1 The Seller warrants to the Buyer that the Goods:

       8.1.1 will be of satisfactory quality and fit for any purpose held out by the Seller or
       made known to the Seller in Writing at the time the Order is placed;

       8.1.2 will be free from defects in design, material and workmanship;

       8.1.3 will correspond with any relevant Specification or sample; and

       8.1.4 will comply with all statutory requirements and regulations relating to the Sale of
       the Goods.

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

8.3 Without prejudice to any other remedy, if the Goods or Services are not supplied or
performed in accordance with the Contract, then the Buyer shall be entitled:

       8.3.1 to require the Seller to repair the Goods or to supply replacement Goods or
       Services in accordance with the Contract within 7 days; or

       8.3.2 at the Buyer's sole option, and whether or not the Buyer has previously
       required the Seller to repair the Goods or to supply any replacement Goods or
       Services, to treat the Contract as discharged by the Seller's breach and require the
       repayment of any part of the Price which has been paid.

8.4 The Seller shall indemnify the Buyer in full against all liability, loss, damages, costs,
claims and expenses (including legal expenses) awarded against or incurred or paid by the
Buyer as a result of or in connection with:

       8.4.1 breach of any warranty given by the Seller in relation to the Goods or Services;

       8.4.2 any claim that the Goods infringe, or their use or resale infringes the patent,
       copyright, design right or trade mark or other intellectual property rights of any other
       person, except to the extent that the claim arises from compliance with any
       Specification supplied by the Buyer;

       8.4.3 any liability under the Consumer Protection Act 1987 in respect of the Goods;




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          Edinburgh Napier University Occupational Health Service Provision



       8.4.4 any act or omission of the Seller or its employees, agents or sub-contractors in
       supplying, delivering and installing the Goods; and

       8.4.5 any act or omission of any of the Seller's personnel in connection with the
       performance of the Services.

8.5 In respect of any injury, damage or loss caused to third parties or their property by the
Goods there shall be no automatic right of indemnity due from the Buyer to the Seller. Any
clause in the Seller's standard terms and conditions of sale purporting to establish a right of
indemnity from the Buyer to the Seller in the event of any injury, damage or loss caused to
third parties or their property shall not be incorporated into this Contract.

9. TERMINATION

9.1 The Buyer shall be entitled to cancel the Order in respect of all or part only of the Goods
and/or the Services by giving to the Seller at any time prior to delivery or performance in
which event the Buyer's sole liability shall be to pay the Seller the Price for the Goods or
Services in respect of which the Buyer has exercised its right of cancellation, less the
Seller's net saving of cost arising from cancellation.

9.2 The Buyer shall be entitled to terminate the Contract without liability to the Seller by
giving notice to the Seller at any time if:

       9.2.1 the Seller makes any voluntary arrangement with its creditors (within the
       meaning of the Insolvency Act 1986) or (being a company) becomes subject to an
       administration or goes into liquidation (otherwise that for the purpose of
       amalgamation or reconstruction); or

       9.2.2 an encumbrancer takes possession, or a receiver is appointed, of any of the
       property or assets of the Seller;

       9.2.3 the Seller ceases, or threatens to cease, to carry on business; or

       9.2.4 the Buyer reasonably apprehends that any of the above events is about to
       occur in relation to the Seller and notifies the Seller accordingly.

10. GENERAL

10.1 The Order is personal to the Seller and the Seller shall not assign or transfer or purport
to assign or transfer to any other person any of its rights or sub-contract any of its obligations
under the Contract.

10.2 Any notice required or permitted to be given by either party to the other under these
Conditions shall be in Writing addressed to that other party at its registered office or principal
place of business or such other address as may at the relevant time have been notified
pursuant to this provision to the party giving the notice.

10.3 No waiver by the Buyer of any breach of the Contract by the Seller shall be considered
as a waiver of any subsequent breach of the same or any other provision.

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



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          Edinburgh Napier University Occupational Health Service Provision



11. HEALTH AND SAFETY

11.1 The Seller shall comply with the requirements of UK and international legislation and
agreements relating to the supply, packaging, labeling and carriage of hazardous goods.

11.2 The Seller shall ensure that Goods comply with current health and safety legislation
and the legislation implementing any relevant EC Directive. The Buyer may require the
Seller to show that the Goods bear a CE mark and may ask for a copy of the EC Declaration
of Conformity.

12. LAW

12.1 The construction, validity and performance of the Contract shall be subject to Scots
Law and the jurisdiction of the Scottish Courts.




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