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INVITATION TO TENDER

VIEWS: 8 PAGES: 12

									Charity number SC004401




                              MINI-TENDER


         (FOR MEMBERS OF XXXX FRAMEWORKS ONLY)



                          FOR THE PROVISION OF


                                 XXXX




                                                 PURCH/0XXX



COMPANY NAME…………………………………………..…………….
Our Ref: PURCH/


[DATE] (Date tender inserted on Quick Quote)


[DATE] [Tenderer to insert date completed]


Dear Sirs

Mini-Tender For:        Provision of xxxx
Tender Number:          PURCH/xxxx

As a result of your status as an Approved Supplier for the xxx Agreements placed by xxxx, you are invited to
tender for the above requirement. This mini-tender consists of the following documents (together the
"Invitation to Tender"):

                Schedule 1A – Mini-Tendering Instructions
                Schedule 1B – Conditions of Tender
                Schedule 2A – Schedule of requirements. Excel and pdf sheets attached separately.
                Schedule 2B - Schedule of requirements. Excel and pdf sheets attached separately.
                Schedule 3 – Conditions of Contract

All framework terms and conditions will apply to this mini-tender and in the case of conflict with the terms and
conditions attached at Schedule 3, the framework terms will apply. Where there is no framework term
applicable, the terms at Schedule 3 will apply.

Once you have accessed these documents, please check the contents of the Invitation to Tender package to
ensure you are in receipt of all of the above. You should return your completed tender to the University via
the Quick Quote system on the Contracts Scotland Portal. Please upload the tender containing the response
to Schedule 2 in Word and/or Excel 2000 format as appropriate. PLEASE UPLOAD TENDERS ONLY IN
THE FORMAT THEY ARE ISSUED, E.G. TENDERS ISSUED IN WORD MUST BE UPLOADED IN WORD.
ATTACHMENTS TO A TENDER MAY BE SUBMITTED IN ALTERNATIVE FORMATS. N.B. The University
reserves the right to reject tenders not completed in the manner required”.


You are required to hold all information pertaining to the Invitation to Tender confidential and to the limit the
dissemination of information within your organisation on a need to know basis and you undertake to be
bound by this requirement by submission of your tender.

All information submitted to the University may need to be disclosed and/or published by the University in
compliance with the Freedom of Information (Scotland) Act, 2002 (FoISA). If you consider that any
information included in your bid is commercially confidential please identify it and explain in terms consistent
with the definitions of exemptions given in the Act what harm might result from disclosure and/or publication.
Even where you have indicated that information is commercially sensitive, the University may disclose this
information where it sees fit, so that the University‟s statutory observations are met. Receipt by the University
of any material marked „confidential‟ or equivalent should not be taken to mean that the University accepts
any duty of confidence by virtue of that marking. For more information about FoISA please see the web
page:
http://www.gla.ac.uk/services/information/foi/ and http://www.scotland.gov.uk/About/FOI.
In pursuance of the public sector agenda on collaborative procurement, information on any contract placed
as a result of this tender exercise may be requested by public sector Centres of Expertise or HE
collaborative consortia, and the University of Glasgow will comply with any such request.
Please note: it is now a mandatory statutory requirement that the value of all contracts placed as a
result of tendering activity is disclosed with the Note of Award to OJEU.


Submission of a tender will amount to acceptance and acknowledgement of the content of the preceding
paragraph.
Please refer to http://www.gla.ac.uk/services/equalitydiversity/ for guidance on all University policies to meet
obligations    under     the    Race     Relations     Amendment        Act,   Equality    Act      2006     and
http://www.gla.ac.uk/services/humanresources/ for policies on complaints regarding non-University staff and
various         other         statutory         requirements.                   Please           refer        to
http://www.gla.ac.uk/services/purchasing/tender/tender.htm for access to the Purchasing Office Buyer's
Profile and all policies and procedures applicable to the conduct of the University throughout the
procurement process.

Your Tender must be received by Noon on xxxx. It is our intention to complete our Tender evaluation in such
a time that the contract for this work will be awarded in time for the contract to commence in xxxx.

In line with the provisions of the Disability Discrimination Act 1995, should you require this information in an
alternative format, please contact me on 0141 330 4113.

                                                 Yours faithfully




                                                   Julia Kerr
                                               Purchasing Office
                               SCHEDULE 1A - TENDERING INSTRUCTIONS

1 Price

       Please fill in the relevant part of Schedule 2 to indicate the fee that you will charge for the goods set
       out therein. Prices quoted at Schedule 2 are to remain open for acceptance until xxxx.



2 Qualification of the Contract or Terms and Conditions

       Please provide us with written details of any areas where you will not be able to comply with the
       specification set out in this Invitation to Tender. Qualifications should only be made if you cannot
       comply with the requirements of the contract at any price.
       The University expects to trade under the terms and conditions of this exercise. Should there be any
       alternative terms you wish to highlight for addition, supplementation or deletion, they must be
       included in your tender submission and based upon amendment to the terms enclosed only. If you
       have not provided alternatives in the manner outlined, the University reserves the right either to
       reflect this in the evaluation scoring or reject your tender.

       If your Tender is qualified we reserve the right to reject it in total.



3 Documents to be Returned

       Please complete this Invitation to Tender with all schedules attached thereto duly completed and
       stating the tender number in accordance Quick Quote instructions.




4 Formation of Contract

       In submitting the documents referred to in paragraph 4 above, you are making a formal offer to
       supply the Goods specified in Schedule 2 pursuant to the terms of the Contract (As defined in the
       Framework). Neither acceptance of the tender nor entering into the Contract shall oblige the Buyer to
       purchase the goods until such time as an Order as defined is submitted by the Buyer.
                                SCHEDULE 1B – CONDITIONS OF TENDER

1. General

       1.1 Contents of the Invitation to Tender

       The Tender is to be made strictly in accordance with the requirements of this Invitation to Tender
       which shall be deemed to include any addenda that are issued. The University reserves the right to
       reject any Tender not completed in the required format.

       1.2 Enquiries Concerning the Tender

       Any query in connection with the Tender or the Invitation to Tender shall be submitted in writing via
       the Public Contracts Scotland portal, http://www.publiccontractsscotland.gov.uk/. Enquiries submitted
       by any other means will not be answered. PLEASE ENSURE THE TENDER REFERENCE
       NUMBER IS STATED ON ALL TENDER ENQUIRIES.

       The response by the University as well as the nature of the query will automatically be notified to all
       Tenderer‟s. On no account before [INSERT DEADLINE] (the “Tender Return Date”) is the Tenderer
       to contract or communicate with any other person involved in work concerning this Invitation to
       Tender.

       1.3     Independent Tenderer

               By submission of a Tender, the Tenderer warrants that:

       (a)     The prices in the Tender have been arrived at independently, without consultation,
               communication, agreement or understanding for the purpose of restricting competition, as to
               any matter relating to such prices, with any other Tenderer or with any competitor;

       (b)     unless otherwise required by law, the prices which have been quoted in the Tender have not
               knowingly been disclosed by the Tenderer, directly or indirectly, to any other Tenderer or
               competitor, nor will they be so disclosed;

       (c)     no attempt has been made or will be made by the Tenderer to induce any other person or
               firm to submit or not to submit a Tender for the purpose of restricting competition;

       (d)     the Tenderer has the necessary resources, expertise and experience to fulfil its obligations
               under any contract which may result from the Tender; and

       (e)     all information that the Tenderer has submitted in relation to the Invitation to Tender is true
               and accurate.

       1.4     Modification by the University

       Any advice of a modification to the Invitation to Tender shall be issued at least seven days before the
       Tender Date and shall be issued as an addendum to, and shall be deemed to constitute part of, the
       Invitation to Tender. If necessary, the University shall revise the Tender Date in order to comply with
       this requirement. Except under exceptional circumstances, no extension of time and date by which
       the Tender must be submitted will be granted.

       In the event that the Tenderer has already submitted a Tender, that the Tenderer shall be entitled
       either to submit a fresh Tender prior to the Tender Date, in which case the Tenderer‟s previous
       Tender shall be superseded, or to withdraw its Tender, failing which the existing Tender will be
       deemed to have been submitted subject to the modification to the Invitation to Tender.


2.     Preparation of Tender

       2.1     Cost of Tender

       The University will not be responsible for any costs or expenses incurred by the Tenderer in
       connection with the preparation or delivery or evaluation of the Tender.
     2.2     Language of Tender

     The Tender and all accompanying documents are to be in English.

     2.3     Validity Period of Tender

     All details of Tender, including prices and rates, are to remain valid for acceptance until 31 July
     2009.

     2.4     Currency of Tender

     Tender prices shall be in sterling.


3.   Delivery of Tender

     3.1     Number of Copies

     In submitting the Tender, the Tenderer shall include all the remaining Schedules to the Invitation to
     Tender attached thereto. All relevant Schedules shall be duly completed. These documents shall
     together comprise the “Tender”. Please upload the tender containing the response to Schedule 2 in
     Word and/or Excel 2000 format as appropriate. N.B. The University reserves the right to reject
     tenders not completed in the manner required”.

     3.2     Delivery Date

     The Tender must be submitted via Quick Quote no later than Noon on [INSERT DEADLINE], this
     being the Tender Date. Failure to follow these instructions will render the Tender invalid.


4.   Treatment of Tender

     4.1     The University‟s discretion

     The University does not undertake to accept the lowest Tender, or part or all of any Tender, and the
     acknowledgement of receipt of any submitted Tender shall not constitute any actual or implied
     agreement between the University and the Tenderer. The University reserves the right to accept any
     part, or all, of any Tender at its sole discretion. The University guideline on the Financial Health of
     Suppliers is at:-http://www.gla.ac.uk/services/purchasing/guidance/guidancemenu.htm and the
     University does not undertake to accept any Tender where the financial health of the Supplier would,
     in the opinion of the University, impose too high a risk.

     The University will accept the most economically advantageous Tender based on the following
     criteria (criteria are listed as per Framework tender exercise):

     Criterion                                                              Weight




     4.2     Tender not Returned

     No part of this Tender submitted will be returned to the Tenderer.
      SCHEDULE 2



SCHEDULE OF REQUIREMENTS
                                       SCHEDULE 2

Section 1: Specification of Contract
                                     SCHEDULE 2

Section 2: Whole Life Costing Matrix – SEE BLANKWLC.XLS
                                               SCHEDULE 2

Section 3: To be Completed by the Tenderer



1.       VALUE OF TENDER
         i.e. total cost of items referred to above                    £




2.       VALUE ADDED TAX
         i.e. total amount of value added tax payable on this tender   £




SIGNED       ____________________________________________


DATED        ____________________________________________


NAME (BLOCKS)          ____________________________________


COMPANY NAME             ___________________________________


POSTAL ADDRESS             __________________________________


                           __________________________________


TELEPHONE NO.          ____________________________________


FAX NO.      ____________________________________________


E-MAIL       ____________________________________________
                                                                                                                                                                                                  SCHEDULE 3
                                                                                         UNIVERSITY OF GLASGOW
                                                                                    TERMS AND CONDITIONS OF PURCHASE
       gregeg
1.     General                                                                                      9.3    Goods must be accompanied by emergency information in English in the form of
                                                                                                           written instructions, labels or markings. Seller shall observe the requirements of U.K.
       The terms of the Contract, of which these terms form part, apply in preference to and
                                                                                                           and international agreements relating to the packing, labelling and carriage of
       supersede any terms and conditions referred to, offered, or relied on by Seller at any
                                                                                                           hazardous goods.
       stage in the dealings between Buyer and Seller with reference to Goods or Services
       to which this Contract relates notwithstanding any provision similar in meaning to this      9.4    Hazard data sheets must be supplied with the delivery for all hazardous materials, and
       in Seller‟s own terms and conditions. Delivery of Goods or Services shall be                        the information contained in the data sheets must meet the legal requirements of the
       conclusive evidence that the terms of the Contract apply. Without prejudice to the                  Health & Safety at Work, etc Act 1974 and all regulations and requirements
       foregoing generality, Buyer shall not be bound by any standard or printed terms                     promulgated thereunder
       referred to or furnished by Seller in any of its documents, unless Seller specifically
                                                                                                    10.    Prices
       states in writing separately from such terms that such terms are required to apply and
       Buyer acknowledges this in writing. In this context, quotations referred to in the                  Unless otherwise agreed, all prices shall be Firm and Fixed Prices for the duration of
       Contract are referenced only for price, delivery and quality. When the Contract                     the Contract, inclusive of carriage, Packaging and certification (where required) but
       contains other terms and conditions, and conflict occurs the order of precedence shall              exclusive of VAT.
       be:-
                                                                                                    11.    Payment
1.1    An agreed amendment to the Contract,
                                                                                                    11.1   Provided Goods or Services have been delivered and comply with the requirements of
1.2    The terms and conditions in the Contract overleaf,                                                  the Contract, unless otherwise agreed, payment shall be made by the end of the
                                                                                                           calendar month following that in which the invoice is received, or Goods or Services
1.3    The terms and conditions in the attachments to the Contract,
                                                                                                           are delivered, whichever is the later.
1.4    These Terms and Conditions.
                                                                                                    11.2   Value Added Tax, where applicable, must be shown separately on all invoices.
2.     Definitions
                                                                                                    11.3   Payment may be delayed, but no prompt discount shall be forfeited by Buyer and no
2.1    ‘Amendment’ means any authorised variation to the Contract confirmed by                             interest shall be payable in respect of late payment, if Seller fails to mark the Contract
       Buyer by furnishing Seller with an Authorised Contract Amendment form                               number on the consignment, Packaging, packing or advice notes, invoices, monthly
       carrying the words ‘This Contract Amends Contract No.…..’                                           statements and all other correspondence.
2.2    ‘Authorised’ means signed by the person(s) either named or whose status is                   11.4   Interest shall be payable on payments at the rate of 2% above the base rate for the time
       shown on the face of the Contract.                                                                  being of any clearing bank that Buyer may nominate from time to time.
2.3    ‘Buyer’ means the Court of the University of Glasgow or any wholly owned or                  11.5   Any payment made shall be without prejudice to Buyer's rights, should Goods or
       associated subsidiary so named at the address stated on the Contract.                               Services prove unsatisfactory or not in accordance with the Contract.
2.4    ‘Contract’ means Buyer's Authorised Purchase order form or any other terms                   12.    Warranty
       and conditions contained in Buyer's documentation entered into between Buyer
                                                                                                           Without prejudice to any rights Buyer may have by statute, common law or otherwise
       and Seller pursuant to which Buyer's Authorised Purchase order form has been
                                                                                                           Seller warrants that:-
       issued or a transaction constituted with a purchasing card issued by the Buyer.
                                                                                                    12.1   Goods will be free from defects in design, material and workmanship and will conform
2.5    ‘Delivered’ means Goods or Services have been satisfactorily received at the
                                                                                                           to any relevant drawings, patterns or specifications or other requirements of Buyer;
       address for delivery stated on the Contract.
                                                                                                    12.2   Goods or Services shall be supplied or performed by suitably qualified and trained
2.6    ‘Firm and Fixed Price’ means no variation of price nor reconciliation of costs is
                                                                                                           personnel who will carry out their duties with due care and diligence using materials of
       permitted.
                                                                                                           good construction and adequate strength. Goods or Services will be supplied or
2.7    ‘Goods or Services’ means all matter, articles, things, or provision of labour to                   performed to such high standard of quality as is reasonable for Buyer to expect in all
       carry out tasks, which are the subject of the Contract.                                             the circumstances; notwithstanding the foregoing, Goods or Services supplied must
                                                                                                           comply with the express terms of the Contract and with any specification of the British
2.8    ‘Packaging’ includes bags, cases, carboys, cylinders, drums, pallets, tank
                                                                                                           Standards Institution (‘BSI’) (or equivalent) or requirements of law relevant to Goods or
       wagons and other containers.
                                                                                                           Services at the time of the Contract;
2.9    ‘Seller’ means the person, firm or company to whom the Contract is awarded.
                                                                                                    12.3   adequate instruction shall be given to Buyer to ensure proper use and storage
2.10   'WEEE' means any Goods or Services which fall within the definition of waste                        requirements of Goods, and that the life expectancy of any item, in storage and in use,
       electrical or electronic equipment in Directive 2002/96/EC.                                         is notified to Buyer. Buyer’s rights will not be prejudiced by Seller’s specification of a
                                                                                                           supposed life expectancy of any item;
                                                                                                    12.4   without prejudice to any other remedy, if any Goods or Services are not supplied or
       Any reference to a statute, Directive or Inland Revenue scheme shall include any                    performed in accordance with the Contract or the aforementioned BSI specifications,
       amendment, re-enactment or replacement thereof.                                                     Buyer shall be entitled to require Seller to repair Goods or to supply replacement
3.     Authority                                                                                           Goods or Services in accordance with the Contract or any other relevant specifications
                                                                                                           within 7 days or such other period specified by Buyer; in pursuance of this provision
       Buyer shall not be liable for any Contract amendment, letter of intent, or instruction to           Seller shall provide and fit free of charge all necessary spares including without
       proceed with a Contract unless and until Seller is issued with Buyer‟s Authorised                   prejudice to the foregoing generality compatible electro-mechanical spares to effect
       Contract form.                                                                                      repairs for a period of 7 years from the date of the Contract or for any other period
4.     Assignment and Sub-Contracting                                                                      shown on the Contract.
       Seller shall not assign or contract any of its rights or duties under the Contract without   13.    Right of rejection
       prior written consent of Buyer.                                                                     In the case of Goods and Services delivered against the Contract by Seller not
       Where prior written consent is given, Seller shall remain liable for the performance of             conforming whether by reason of not being of the quality or the quantity or fit for the
       the Contract, and ensure that any assignee or sub-contractor complies with the                      purpose specified on the Contract, then Buyer shall have the right to reject any or all
       requirements of the Contract. When requested by Buyer, details and a copy of any                    such Goods or Services within a reasonable time of their delivery. Further, where
       assignment or sub-contract documentation shall be immediately provided at no                        Buyer receives Goods as unexamined Buyer's rights subsequently to reject them if any
       charge.                                                                                             latent defect is found shall not be prejudiced nor shall any right of claim for shortage
                                                                                                           be prejudiced. Where Goods are rejected Buyer will afford Seller reasonable
5.     Intellectual Property                                                                               opportunity to replace rejected Goods or Services with Goods or Services which
       Seller warrants that no Goods or Services supplied against the Contract will infringe               conform in all respects to the requirements specified in the Contract. If Seller fails for
       any patent, trade mark, registered design, copyright or other intellectual property of              whatever reason to meet the foregoing requirement then Buyer shall have the right to
       any third party and Seller shall indemnify Buyer against all actions, suits, claims,                procure equivalents elsewhere without prejudice to any other rights which Buyer may
       demands, losses, charges, costs and expenses which Buyer may suffer or incur as a                   have against Seller.
       result of or in connection with any breach of this condition.                                       The making of payment shall not prejudice Buyer's right of rejection.
       Where development forms part of this Contract, the right of ownership of any                 14.    Cancellation
       invention, design or intellectual property arising from such development shall be
       transferred to Buyer, and Seller shall co-operate in any measure necessary to make                  Buyer shall be entitled to cancel the Contract or any part thereof and/or claim
       such transfer effective as soon as any such right arises.                                           reimbursement for all losses and expenses suffered in the event that:
       Seller shall treat all information provided by Buyer as confidential and use such            14.1   Seller fails to deliver Goods or Services in accordance with the terms of the Contract.
       information only for the purposes of fulfilling the Contract. Where drawings or other        14.2   Seller fails to make satisfactory progress with the Contract so as to jeopardise the
       data are issued, Seller shall exercise proper custody and control of same. Such                     purpose of the Contract.
       drawings or other data provided by Buyer shall remain the property of Buyer. On
       completion, cancellation or termination of the Contract for any reason Seller shall          14.3   Seller having been given a reasonable period to rectify the situation fails to provide an
       return/dispose of such in accordance with Buyer's written instructions and shall keep               adequate or satisfactory Service.
       no copies.                                                                                   14.4   Seller becomes insolvent and has a trustee in bankruptcy or receiver or liquidator or
6.     Variations                                                                                          administrator appointed over all or a substantial part of its assets.
       Seller shall not alter any of Goods or Services, except as directed in writing by Buyer.     14.5   Seller is subject to a change of control.
       Buyer shall have the right, from time to time during the execution of the Contract by               In the event of cancellation for any of the foregoing reasons Buyer shall not be liable
       Amendment, to direct Seller to add to or omit, or otherwise vary, Goods and Services,               for any unfulfilled commitment.
       and Seller shall carry out such variations and be bound by the same conditions, so far
       as applicable, as though the terms of the Amendment were stated in the contract.             15.    Suspension
7.     Delivery, Packaging, Marking and WEEE                                                               In the event of any interruption of Buyer's business due to circumstances beyond
                                                                                                           Buyer's control such as but not limited to any dispute, fire, explosion or accident
       Any time or period for delivery, despatch or completion shall be of the essence. All                which would prevent or hinder the use of Goods or Services which are the subject of
       goods supplied against the Contract must be adequately protected against damage                     the Contract, Buyer shall have the right to suspend the Contract until such
       and deterioration in transit and delivered carriage paid. Any information relating to the           circumstances have ceased.
       handling of goods upon receipt is to be clearly marked on the exterior Packaging and
       accompanying paperwork. Unless otherwise provided in the Contract, Seller shall be           16.    Indemnity
       responsible for the collection and disposal of all returnable Packaging at no cost to        16.1   Without prejudice to any rights or remedies of Buyer, Seller shall indemnify Buyer
       Buyer, and Seller hereby warrants to Buyer that Seller conforms and will conform to                 forthwith on demand against all actions, suits, claims, demands, losses, charges,
       all laws and regulations governing the disposal of Packaging. Seller shall be                       costs and expenses which Buyer may suffer or incur directly or indirectly from any
       responsible for the collection, treatment and disposal of all WEEE at no cost to Buyer.             defect in Goods or Services or the negligent or wrongful act or omission of Seller.
       Seller hereby warrants to Buyer that Seller conforms and will conform to all laws and
       regulations governing WEEE and that regardless of whether it is being replaced by            16.2   Seller shall effect with a reputable insurance company a policy or policies of insurance
       Buyer or not.                                                                                       covering all the matters which are the subject of indemnities under these Conditions
                                                                                                           and shall at the request of Buyer produce the relevant policy or policies together with
8.     Property and risk                                                                                   receipts or other evidence of payment of the latest premium due thereunder.
       Property and risk in the subject matter of the Contract shall pass to Buyer immediately      17.    Governing Law
       after delivery has been satisfactorily effected, provided that such passing shall not
       prejudice either Buyer's right to reject for non-conformity with specification or any               The validity and performance of the Contract shall be governed by and construed in
       other rights that Buyer may have under the Contract, provided that where advance or                 accordance with Scots Law and Seller submits to the jurisdiction of the Scottish
       progress payments are made title but not risk shall pass to Buyer as soon as items                  courts. The submission to such jurisdiction shall not (and shall not be construed so
       are allocated to the Contract. All items so allocated shall be adequately marked and                as to) limit the right of Buyer to take proceedings against Seller in any other court of
       recorded as being the property of Buyer.                                                            competent jurisdiction, nor shall the taking of proceedings in any one or more
                                                                                                           jurisdiction preclude the taking of proceedings in any other jurisdiction, whether
9.     Safety                                                                                              concurrently or not.
9.1    In accordance with the requirements of the Health and Safety at Work etc, Act                18     Where work is for 'Construction Operations'.
       1974, any safety precautions required for the handling of the material covered
       by the Contract are to be clearly indicated on each consignment.                             18.1   Seller shall comply with the provisions of the Inland Revenue Construction Industry
                                                                                                           Scheme.
9.2    Hazardous goods must be marked in accordance withthe Carriage of
       Dangerous Goods and Use of Transportable Pressure Equipment (Amendment)                      18.2   You are reminded of your responsibilities for carrying out the requirements of the
       Regulations 2005. Risk and safety phrases must be in English.                                       Health and Safety at Work, etc. Act 1974. In this connection your attention is drawn to
                                                                                                           the University Booklets. 'Code of Safe Practice for Contractors' and 'Asbestos: a Code
                                                                                                           of Practice in the Safe Identification and Handling of Asbestos Products'. Copies of
                                                                                                           which can be obtained from the person named overleaf.
                                                                                                           Please ensure that both your own tradesmen and also any sub-contractors have
                                                                                                           access to, and are familiar with, the contents of both.

								
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