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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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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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Edinburgh Napier University Occupational Health Service Provision
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.
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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
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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
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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
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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
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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.
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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.
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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.
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Edinburgh Napier University Occupational Health Service Provision
8 APPENDICES
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Edinburgh Napier University Occupational Health Service Provision
8.1 Appendix 1 – Edinburgh Napier University Org. Structure
8.2
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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.
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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.
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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.
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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)
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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
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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
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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
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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.
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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
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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
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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:
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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: __________________________________
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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
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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.
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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.
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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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