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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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