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INVITATION TO TENDER

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					                   INVITATION TO TENDER

                                    FOR

  THE SUPPLY OF HARVESTING OF TIMBER TO
         ROADSIDE – SOUTH WALES



All correspondence relating to this Tender should be addressed to Claire Evans,
at the following address:

Forestry Commission
Welsh Assembly Government
Rhodfa Padarn
Llanbadan Fawr
Aberystwyth
Ceredigion
SY23 3UR


RETURN E-MAIL: claire.evans@forestry.gsi.gov.uk
CONTACT TEL NO: 0300 068 0007
FAX NO: 0300 068 0301




Tender Reference: The Supply of Harvesting of Timber to Roadside –
South Wales.
Contents

   Part A – Introduction & Background

   Part B – Tendering Instructions

   Part C – Statement of Requirements

   Part D – The Bid Form

   Part E – Certificate of Bona Fide Tendering

   Part F – Declaration by Tenderer


Appendices

   Appendix 1 – Draft Contract including Terms and Conditions

   Appendix 2 – Draft Cutting Schedule
A. INTRODUCTION & BACKGROUND


Forestry Commission Wales (FCW) harvests approximately 770,000 m3 over
bark standing (obs) of timber from Welsh Assembly woodlands each year.

Of this 330,000 m3 is harvested by Direct Production i.e. FCW commissions
the harvesting to roadside with their own harvesting machines or in engaging
contractors to carry out the work. The remaining 440,000 m3 is sold as
Standing Sales.

The Forestry Commission Wales hereafter referred to as FCW is going out to
competitive Tender for the supply of Harvesting to roadside in South Wales

The contracts period will run from February 2011 to August 2011. The
contracts periods are specified by lot in the lot details.

At anytime during the Contracts, the FC reserve the right to go back to the
marketplace and carry out either a competitive benchmarking exercise, or a
full Tender exercise whichever is the most appropriate.

i. HARVESTING

The harvesting work comprises of 8,544 tonnes. The coupes vary in size
between 540 tonnes and 4,720 tonnes and contain a variety of species.
Contract periods are indicated on the details of each individual lot. A number of
the coupes have got time working restrictions on them.

We expect that a variety of machine types will be required to carry out this
work harvester/forwarder, skidder and high lead or skyline.

The different lots are available in the following areas – Fannog, Coed y Rhaiadr
and Blaen Llia. All operations will be managed in accordance with best practice
guidance, including but not limited to:

Forestry Commission Protocol: Guidance on Site Selection for Brash Removal.
Practice Guide: Whole Tree Harvesting: a Guide to Good Practice
Practice Note: Managing Brash on Conifer Clearfell Sites
Forestry Commission: Forests & Water Guidelines (4th ed.)
Forestry Commission: Forests & Soil Conservation Guidelines
Forestry Commission: Forest Nature Conservation Guidelines
Forestry Commission: Forests & Archaeology Guidelines
ii. THE OFFER

Forestry Commission Wales is offering 4 parcels of contract harvesting lots on
a competitive tender basis. The Forestry Commission reserves the right to
award to one or more suppliers or not award at all if they deem fit to do so.
The value of these contracts in total range from £100,000 to £400,000.You
can bid for one or more lots. A fencing bonus of £2 per tonne will be paid on
each lot.

iii. AGREEMENTS REQUIRED

You will be required to harvest timber and extract timber to roadside for
subsequent road haulage into lengths and diameters specified by the contract
managers. You will provide all equipment and labour to carry out the works.

You will also be required to provide stock additions by text/fax/email or mobile
phone on a frequency to be agreed with the Contract Manager prior to the
contract being signed but weekly at the very least.

iv. DELIVERY

You need to be able to deliver services within the contract period. We do not
guarantee the quantities throughout the Agreement period site volumes are
estimates only and advertised sites may change.

The Forestry Commission expects a high standard of product and service
throughout the life of the Agreements. If you demonstrate your abilities
during the tender stage, we expect you to continue to work to at least this
standard and work to improve the quality of the service or goods you provide
throughout the Agreements. Your performance in this respect will be actively
reviewed throughout the Agreement period.
Please note: even if you have worked successfully for the Forestry Commission
in the past, you may need to undertake additional training during these
Agreements to meet the full specification.

We will pay through the FC Wales direct contractor self-billing system for all
loads that have weight tickets updated the system despatched in the previous
month within 30 days of the invoice date. There will be no payments for loads
despatched and awaiting the updated weight. The FC contract manager will
consider requests for timber to be paid at roadside once it has been there for
more than 6 weeks from the date of extraction.

You will provide us with management information when we ask for it. We will
agree the format for this information after we have named the contractors.
v. REPORTS

The suppliers should be able to provide reports every two months on the
following items:

Number of Staff employed on works
Numbers of Machines by type
Any Health & Safety Issues
Copies of any AFAG guides completed within the 2 month period
Accident Reports
Near Miss Reports
Locations where work has taken place

We will hold Agreement reviews with the suppliers or contractors, this will
cover all aspects of the Agreement and service.


vi. PROCUREMENT EXERCISE – DP NORTH TIMBER HARVESTING 2010.

This procurement process comprises one competitive stage.

vii. INVITATION TO TENDER (ITT) STAGE

The ITT is the only stage in the procurement process. Following submission of
ITTs an assessment panel will short-list bidders using the scoring system
based on the criteria set out in the ITT document.

viii. SUPPLIER SCORING EXPLANATION

(a)   Evaluation

Suppliers will be scored and short-listed according to the award criteria
detailed below. The members of the panel will each score the bids submitted
against all of the award criteria. The panel will meet to discuss their individual
scores and arrive at a consensus team score.

(b)   Gateways

Some questions contained within the ITT may require a “Yes” or “No”
response. These questions are known as gateways and are fundamental
requirements of the contract. If any of these questions are answered “No”,
the Forestry Commission may reject your submission in full, ceasing to
evaluate the remainder of the questions. However where sound
justification is provided as to why a “No” response has been given
your submission will continue to be considered by the panel.
(c)     Requirement Specific / Scored Questions

This section allows the Forestry Commission to ask questions relating to
specifically to the requirements of the contract, and to help determine the
suitability of the supplier. Scores will be awarded depending on how the
answer satisfies the criteria of the question.

     An excellent response will get 100% of question value, the answer will
      exceed the requirement in all respects.
     A good response will get between 70%-90% of the question value and will
      nearly fully or fully meet the requirement.
     A adequate response will get between 40%-60% of the question value but
      does not fully meet the requirement
     A poor response will attract 10%-30% of question value and only partially
      starts to address the question
     A totally inadequate response will attract no marks and contains a totally
      irrelevant answer or the question is not answered at all.

There are 3 scoring questions with a total score of 100 marks contained in
section 3.0 for the Statement of Requirements. This sections scores will be
weighted as detailed below in Selection Criteria (Part A, item x.).

Following the evaluation of tendered bids FCW will select a successful bidder
and enter into a period of final discussions before awarding contracts. The
contracts will be awarded on the basis of the most economically advantageous
bids, having regard to the evaluation criteria set out in the ITT. Upon selecting
the successful bidder, it is expected that agreement will have been reached on
all contractual issues affecting price and all other key terms.

Note that FCW will evaluate bidders only on the information provided in the
forms submitted. Please ensure you read the forms carefully and provide us
with all the information we ask for.

ix. TIMETABLE

The table below provides a timetable showing the main phases of the
procurement exercise. Please note that dates may change.

                     Phase                          Date for Completion
     Tender advert in Forest Journal and
    Value Wales web site, ITT issued on FC      By Friday 31st December 2010
             Tenders web pages.
    Closing date for submitting completed
                                                  Monday 31st January 2011
                     ITTs

            ITT Evaluation Panel sits             Thursday 3rd February 2011
            Contracts awarded                             c. February 2011

         Contract commencement                            c. February 2011


x. SELECTION CRITERIA

This section explains what FCW is looking for from bidders and how we will
interpret ITT responses in selecting bidders. It is important that bidders are
aware of FCW‟s aims and objectives in respect to this tender exercise.

The objective of the selection process is to assess the responses to the ITT and
select contractors for each of the coupes offered. Failure to provide a
satisfactory response to any of the questions may result in FCW not proceeding
further with a submission. Some questions on the questionnaire are pass/fail
questions. Others will be evaluated and scored using the weightings set out
below.



            Brief Description of Criteria                             Weighting

            Price per tonne.                                            70%

            Method Statements & Health & Safety. Several
            coupes have specific working requirements for
            which we require detailed method statements.
                                                                        20%
            Failure to provide these will result in your bid
            for the coupe in question being disqualified.

            Environmental Issues – the contractor manages
            environmental issues and has robust systems in
            place to minimise risk to an acceptable level.
            Several     coupes    have    specific    working
                                                                        10%
            requirements for which we require detailed
            environmental working statements. Failure to
            provide these will result in your bid for the
            coupe in question being disqualified
            Contractor Acceptability – status of contractor in
            relation to Regulation 23 of the Public Contracts
            Regulations 2006. Failure to declare compliance
                                                                       Pass/Fail
            will result in mandatory exclusion from the
            tender.

            General info,      financial    info,   references   &
                                                                      Pass/Fail
            insurances
For all our contracts we require certain standards of performance. These
include compliance with all relevant laws and statutes, particularly those
relating to health and safety and environmental performance. We are also
required by law to ask questions about the good standing of companies and
those directing them.
A panel drawn from FC staff will meet to evaluate the submissions. They will
award scores to each questionnaire based on the information we receive. The
submissions will be ranked in order of the score awarded. The panel will then
decide which contractor will be awarded each of the coupes.

The voting panel will consist of the following members:

        Jerry Pritchard    Head of Harvesting, Wales Harvesting & Marketing
        Ricky Morris       Production Manager North, Wales Harvesting &
                           Marketing


xi. TERMS AND CONDITIONS OF THE PROCUREMENT EXERCISE

        (a) Right to reject / disqualify

Forestry Commission Wales reserves the right to reject or disqualify a bidder
and/or its consortium/joint venture members where:

        The ITT is submitted late, is completed incorrectly, is incomplete or
         fails to meet the Forestry Commission Wales‟s other submission
         requirements which have been notified to bidders

        The bidder and/or its consortium/joint venture members are unable to
         provide a signed Statement of Good Standing.

        The bidder and/or consortium/joint venture members are guilty of
         serious misrepresentation in relation to its application and/or the
         process

        There is a change in identity, control, and financial standing or other
         factor impacting on the selection and/or evaluation process affecting
         the bidder and/or consortium/joint venture members.

        (b) Right to cancel or vary the process

Forestry Commission Wales reserve the right to:

        Cancel the selection and evaluation process at any stage of this
         procurement

        Require a bidder consortium/joint venture member(s) to clarify their
         submission in writing and/or provide additional information. (Failure to
         respond adequately may result in a bidder not qualifying)
       Amend the terms and conditions of the tender process.

     Award contracts in relation to one or more lot only or part only of one
      or more lots.
     Withdraw from the selection and evaluation process at any stage.


xii. COSTS AND EXPENSES

All bidders are solely responsible for their costs and expenses incurred in
connection with the preparation and submission of this tender process. Under
no circumstances will the Forestry Commission Wales, or any of its advisors,
be liable for any costs or expenses borne by the bidder or any of its
consortium/joint venture members or advisors in this process.

xiii. OTHER

This ITT has been prepared by and on behalf of Forestry Commission Wales for
the purposes of:

       Providing an application procedure for individuals or organisations
        interested in tendering for the programme

       To assist persons interested in tendering for the programme in making
        their own evaluation of the potential opportunity to enter into a
        contractual relationship.

Whilst the information in this ITT has been prepared in good faith, it does not
purport to be all-inclusive, to contain all of the information that a prospective
bidder may require or to have been independently verified.

Forestry Commission Wales:

       Reserves the right to contract and tender work of this, and of a similar
        nature, outside of this agreement.

       Does not accept any liability or responsibility for the reasonableness,
        adequacy, accuracy or completeness of the ITT.

       Does not make any representation or warranty, express or implied,
        with respect to the information contained in this ITT or on which this
        ITT is based.

       Shall not be liable for any loss or damage arising as a result of reliance
        on such information or any subsequent communication.
Only the express terms of any written contract relating to the subject matter
of this ITT as and when it is executed shall have any contractual effect in
connection with the matters to which it relates. The Laws of England and
Wales will govern any such contract.


xiv. COMPLETING & SUBMITTING THE ITT

The ITTs must be sent in an envelope which does not identify the sender and
marked – “ITT FOR THE SUPPLY OF HARVESTING OF TIMBER TO
ROADSIDE – SOUTH WALES - PRIVATE AND CONFIDENTIAL. NOT TO
BE OPENED BEFORE 13.00 HOURS ON 31st JANUARY 2011”.

ITTs MUST be submitted by this deadline. The address for submission of ITTs
and tender documentation and for enquiries is:

Forestry Commission Wales,
Finance Department,
WAG Govt Building,
Rhodfa Padarn,
Llanbadarn Fawr,
Aberystwyth,
Ceredigion
SY23 3UR.

All of the information on the tender at this ITT stage, will be provided on the
FC Wales website. You can:

      Download and complete all relevant sections of the ITT using the
       document in the Word format we have provided (you may use
       continuation sheets if necessary).

      Provide all of the additional information requested in the ITT.

      Complete all forms (duplicating these where necessary).

Please respond to the ITT in full, type written or hand-written in black ink. This
form is designed to be filled in electronically. If you decide to return with a
hand written application please ensure that each response is carefully indexed
and that hand writing is clearly legible. All questions should be answered using
„NONE‟ or „NOT APPLICABLE‟ where this response is appropriate. Do not
leave sections blank.

The ITT must be responded to in full even if your organisation has previously
submitted a questionnaire to FCW. It is not sufficient to refer to earlier or other
questionnaires.

In the ITT we ask you to supply copies of some documents, please include
these with your submission.
Organisations not currently registered in the UK should answer all questions
substituting where relevant the appropriate professional or commercial
registers, legislation, Codes of Practice, etc., which are applicable within their
domestic jurisdiction.


xv. LINES OF COMMUNICATION AND ENQUIRIES

In exceptional circumstances paper copies of this ITT can be requested. All
requests must be submitted in writing by email using the title DP North
Timber Harvesting ITT to claire.evans@forestry.gsi.gov.uk.

All enquiries relating to the ITT stage must be received by Monday 17th
January in writing or by email to claire.evans@forestry.gsi.gov.uk using the
title DP North Timber Harvesting ITT Q&A.

The response, as well as the nature of the query, will be notified to all
Tenderers via a Q&A document through a link posted on the tender‟s web page
on the Forestry Commission‟s web site (www.forestry.gov.uk/tenders),
without disclosing the name of the Tenderer who initiated the query. On no
account before the tender due date is the Tenderer to contact or communicate
with any other person involved in work concerning this Invitation to Tender,
unless the above named contact redirects the enquiry.

xvi. FREEDOM OF INFORMATION               ACT   2000    AND    ENVIRONMENTAL
INFORMATION REGULATIONS 2004.

The Forestry Commission is required to comply with these two pieces of
legislation (“the Acts”) which imposes on it a duty to respond to a request for
information, and, subject to the provisions of the Acts, to disclose that
information. If you consider that any of the information to be submitted during
this ITT stage should not be disclosed because of its commercial sensitivity
then this should be stated together with the reason for considering it sensitive.
Forestry Commission Wales will then consult with you in considering any
request under the Acts relating to that information. However you should be
aware that we intend to disclose the identity of successful bidders, together
with the amount and type of volume they have secured and the term of any
contract. We may also disclose, at our sole discretion, any information
supplied to us if we decide that this is necessary in order to comply with the
Acts, or if we are directed to do so under the Acts.
STATEMENT OF GOOD STANDING

Please complete, sign and return this Statement of Good Standing.
Please provide a Statement of Good Standing for each member of a
consortium/joint venture.

Summary of Ineligibility Conditions provided by Part 4 Selection of
Economic Operators of the Public Contracts Regulations 2006.

Bidders should refer to the Regulations and satisfy themselves that they are not
ineligible.

We confirm that, to the best of our knowledge: The bidder named below (and its
directors and partners where relevant);

   Is not and has not been in the last 3 years in a state of bankruptcy,
    insolvency, compulsory winding up, administration, receivership, composition
    with creditors or any analogous state, or subject to relevant proceedings,

   Has not been convicted of a criminal offence relating to the conduct of its
    business or profession,

   Has not committed an act of grave misconduct in the course of its business or
    profession,

   Has not failed to fulfil its obligations relating to the payment of social security
    contributions,

   Has not failed to fulfil obligations relating to the payment of taxes

   Has not been guilty of serious misrepresentations in providing information
    required as set out in the preceding requirements and/or information required
    to be provided in response to the pre-qualification questionnaire.

We further confirm that, where applicable it is appropriately registered as an
entity – for example registered at companies house.

Signed ………………………………………………………………………………………………….…………………….


Name ………………………………………………………………………………………………………………………….


Job Title …………………………………………………………………………………………………………………….
B. TENDERING INSTRUCTIONS

i. COMPLETION OF TENDER

Your Tender must be submitted in accordance with the Statement of
Requirements (Part C) attached. You must submit all Statements of Good
Standing (above), a completed Statement of Requirements (Part C), The bid
Form (Part D), the Certificate of Bona Fide Tendering (Part E) and the
Declaration by Tenderer (Part F).

ii. QUALIFICATION OF THE CONTRACT

Tenderers shall include details of any areas where they will not be able to
comply with the Contracts as set out in this Invitation to Tender.

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

iii. PRICING

A breakdown of all prices must be submitted in the format requested using
Part D The Bid Form.

iv. ADDITIONAL COSTS

Once the Contracts have been awarded, any additional costs incurred, which
are not reflected in the Tender submission will not be accepted for payment.

v. MODIFICATION OF TENDER

Any advice of a modification to the Invitation to Tender shall be issued as soon
as possible before the Tender Due Date and shall be issued as an addendum
to, and shall be deemed to constitute part of, the Invitation to Tender. If
necessary, we shall revise the Tender Date in order to comply with this
requirement. Under no other circumstances shall an extension of time and date
by which the Tender must be submitted be granted.

vi. LANGUAGE OF TENDER

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

vii. VALIDITY PERIOD OF TENDER

All details of the Tender, including prices and rates, are to remain valid for
acceptance for a period of 90 days from receipt of Tender.

viii. CURRENCY OF TENDER

Tender prices shall be in sterling.
ix. FORMATTING OF TENDER

The tenderer shall provide his/her response to this Invitation to Tender in
accordance with the structure as described below:

      each page of the response shall include a page number and date.

      the tenderer is required to provide a formal response which complies
       with each requirement of this Invitation to Tender.

      The tenderers proposal shall respond to all requests for information in
       the Invitation to Tender.

      The tenderer must provide a covering letter with their response which
       includes contact details for any queries relating to their tender
       submission.

x. RECEIPT OF TENDER

Two paper copies of your response should be submitted.

The ITTs must be sent in an envelope which does not identify the sender and
marked – “ITT FOR THE SUPPLY OF HARVESTING OF TIMBER TO
ROADSIDE – SOUTH WALES - PRIVATE AND CONFIDENTIAL. NOT TO
BE OPENED BEFORE 13.00 HOURS ON 31st JANUARY 2011”.

Tenders received before this date will be retained unopened until then.
Tenders received after the deadline will not be considered.

The envelope must bear no mark or name indicating the sender. This includes
marks made by carrier labels or franking machines.

Failure to follow these instructions may render the Tender invalid.

xi. TREATMENT OF TENDER

By issuing this Invitation to Tender, Forestry Commission Wales does not
undertake to accept the lowest priced 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 FC and the Tenderer.

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

An evaluation team will consider all Tenders correctly submitted. One or more
will then be selected with a view to reaching contractual agreements subject to
clarification of any outstanding matters.
C. STATEMENT OF REQUIREMENTS

i. GENERAL CONTRACT SPECIFICATION

The Supplier(s) will have the capacity to supply and deliver to the Forestry
Commission, those specific sites that they have been awarded in the time
limits set out whilst ensuring that all the relevant Health and Safety,
Environmental and Conservation guidelines are adhered to. The winning
bidders will agree to the Forestry Commission standard terms and conditions
for timber harvesting, which will form the basis of the contracts between the
two parties, a copy of which is included in Appendix 1 for information.
1.0 GENERAL INFORMATION ABOUT YOUR ORGANISATION

Please provide the information in this table for each member of consortium/joint venture
1.1     Current Trading Name

1.2     Contact Name for
        enquiries
1.3     Contact position (Job
        Title)
1.4     Address


1.5     Registration number (if
        applicable)
1.6     Date of registration

1.7     Country of registration

1.8     Principal contact name

1.9     Registered Address (if
        different from the above)
1.10    Telephone No


1.11    Fax No

1.12    Email Address

1.13    Website Address (if
        relevant)
1.14    VAT Registration Number


1.15    Is your organisation?        i) a public limited company?
        (Please tick one)                                                              

                                     ii) a limited company
                                                                                       

                                     iii) a partnership
                                                                                       

                                     iv) a sole trader
                                                                                       

                                     v) other (please specify)
                                                                                       

1.16    Name       of   (ultimate)
        parent company
        (if applicable)
1.17    Companies            House
        Registration Number of
        parent company
        (if applicable)
In some of the following response boxes, the text shown in red and in square
brackets [like this] provides guidance on the kind of information required.
Please delete this text and insert your response in its place.

2.0     FINANCIAL INFORMATION

Please provide the information in this section for each member of consortium/joint venture. Note
that any award of contract that may result from this tender process will be conditional on
satisfactory credit checks.
2.1    What was your turnover in the last two years (if
       applicable)?                                         £ ………… for year        £ ………… for year
                                                            ending 31/03/09        ending 31/03/10

2.2    Has your organisation met the terms of its banking facilities and loans     (2)     YES / NO
       agreements (if any) during the past year?

       If the answer is „NO’ what were the reasons, and what has been done             [delete as
       to put things right?                                                            necessary]
2.3    Has your organisation met all its obligations to pay its creditors and      (3)     YES / NO
       staff during the past year?

       If the answer is „NO’ please explain why not.                       [delete as
                                                                           necessary]
2.4    What is the name, branch and contact details of your bankers (who could provide a
       reference)?


       Please confirm by means of a letter on headed paper, signed by an authorised signatory,
       that references may be sought from the said Banker either at this PQQ stage or at a later
       stage in the procurement.
2.5    Please provide a copy of your most recent audited accounts covering the last two years. If
       you do not have audited accounts please provide a copy of your most recent accounts
       covering the last two full financial years.



2.6    Please provide a statement of your turnover, profit & loss account and cash flow for the
       most recent year of trading

2.7    Please provide a statement of your cash flow forecast for the current year and a bank letter
       outlining the current cash and credit position.




3.0    SCORING QUESTIONS

3a. Please provide a detailed statement that outlines your operational plan. This should include
when you intend to fell the coupes you have bid for and if you are using subcontractors they will
need to be named.

3b. Please provide detailed coupe working plans to deliver the harvest for each site that you have
bid for. You must provide risk assessments, method statements and site safety rules for each site
that you have bid for. Some sites require specific working methods to be applied to deal with
constraints and, if these are not provided to the satisfaction of the FC then we reserve the right to
disqualify your bid for the coupe in question. FC have provided you with maps showing site
constraints upon which you must indicate extraction method and direction, stacking areas, fuelling
sites.
3c Please provide an Environmental policy statement and pollution plan for each site that you have
bid for. Some sites require specific environmental working methods to be applied to deal with
constraints and, if these are not provided to the satisfaction of the FC then we reserve the right to
disqualify your bid for the coupe in question.



4.0      REFERENCES

4.1
        Provide contact details for 3 referees for previous / current work. Where at all possible
        these works should be similar to that required by this requirement. It would be preferable
        if at least one reference was from the public sector. Note that where possible referees
        should not be linked to the Forestry Commission Wales. If this is not possible we will not
        be able to accept any of the panel members as able to give a reference. FCW may elect to
        contact any of the given contacts for a reference. Your permission to do so will be
        assumed unless you explicitly state any objections.



                                      [Provide first referee‟s details]
        Organisation


        Contact Name

        Contact telephone number

        Contact Email Address


        Service provided, period
        and value of contract


                                      [Provide second referee‟s details]
        Organisation


        Contact Name

        Contact telephone number

        Contact Email Address


        Service provided, period
        and value of contract



                                      [Provide third referee‟s details]
        Organisation



        Contact Name



        Contact telephone number
       Contact Email Address


       Service provided, period
       and value of contract




5.0    INSURANCE

5.1   Please provide details of your organisation‟s insurance protection in respect of Employers
      Liability and provide a copy of current policy.

      [FCW requires all contractors to have minimum ELI cover of £5,000,000.]


      Insurer                  Policy No.    Extent of Cover              Expiry Date




5.2   Please provide details of your organisation‟s insurance protection in respect of Public
      Liability and provide a copy of current policy.

      [FCW requires all contractors to have minimum PLI cover of £5,000,000.]


      Insurer                Policy No.             Extent of Cover        Expiry Date




6.0   QUALITY ASSURANCE

6.1        Does your organisation hold a recognised quality management          Yes/No
           certification for example BSIEN/ISO 9000 or equivalent?



6.2        If you have responded no to 6.1 please
           state how your organisation manages
           quality.
7.0     HEALTH & SAFETY

7.1          Does your organisation have a written health and safety                Yes/No
             at work policy? (see notes at end of questionnaire)

7.2          Does your organisation have a health and safety at                     Yes/No
             work system*?

7.3          If "No", to either of the above please
             explain why:




8.0     DIVERSITY/EQUAL OPPORTUNITIES POLICY

              Does your organisation have a written diversity/equal                 Yes/No
              opportunities policy, to avoid discrimination?



9.0     SUSTAINABILITY POLICY AND/OR AN ENVIRONMENTAL MANAGEMENT SYSTEM

9.1           Does your organisation have any of the following?
              a) Sustainability Policy                                              Yes/No
              b)Environmental Management System                                     Yes/No
              c)Other, please explain




              If you have answered no to 9.1 a, b or c please state how your
              organisation minimises its effects on the environment and when/if
              a formal policy will be available in the future.




10.0      PROFESSIONAL AND BUSINESS STANDING
Do any of the following apply to your organisation, or to (any of) the director(s) / partner(s) /
proprietor(s)?
10.1          Is in a state of bankruptcy, insolvency, compulsory                   Yes/No
              winding up, receivership, composition with creditors, or
              subject to relevant proceedings


10.2          Has been convicted of a criminal offence related to                   Yes/No
              business or professional conduct

10.3          Has committed an act of grave misconduct in the course of             Yes/No
              business
10.4   Has not fulfilled obligations related to payment of social           Yes/No
       security contributions

10.5   Has not fulfilled obligations related to payment of taxes            Yes/No

10.6   Is guilty of serious misrepresentation in supplying                  Yes/No
       information

10.7   Is not in possession of relevant licences or membership of           Yes/No
       an appropriate organisation where required by law

10.8   If the answer to any of these is "Yes" please give brief details below, including what
       has been done to put things right.
D. THE BID FORM

Lot           Name         No of   Tonnes      Price    Price offered per
           Coupe Number    sites             offered     tonne (written)
             Operation                      per tonne
                                            (figures)
Lot 1   LD61509P            1       4720
        Fannog 4
        Clearfell
Lot 2   LD66322P            1       1126
        Coed y Rhaiadr
        Clearfell
Lot 3   LD66004B            1       2158
        Blaen Llia
        Thin & Clearfell
Lot 4   LD66323P            1       540
        Coed y Rhaiadr
        Clearfell




Company Name:……………………………………………………………………………………………………

Signed:………………………………………………………………………………………………………………….

Date:……………………………………………………………………………………………………………………..
E. CERTIFICATE OF BONA FIDE TENDERING

Tender No:
Due for Return by: 1300hrs 31st January 2011.
Subject Harvesting to roadside for the Forestry Commission in South Wales from 1st
February 2011 – 31st August 2011.
_____________________________________________________________

The essence of selective tendering is that the AUTHORITY shall receive bona fide competitive
tenders from all those tendering. In recognition of this principle, we certify that this is a bona
fide tender, intended to be competitive, and that we have not fixed or adjusted the amount of
the tender by or under or in accordance with any agreement or arrangement with any other
person. We also certify that we have not done and we undertake that we will not do at any
time before the hour and date specified for the return of this tender any of the following acts:

        a)    communicate to a person other than the person calling for those tenders the
              amount or approximate amount of the proposed tender, except where the
              disclosure, in confidence, of the approximate amount of the tender was
              necessary to obtain premium insurance quotations required for the preparation
              of the tender;

        b)    enter into any agreement with any other person whereby he will refrain from
              tendering or as to the amount of any tender to be submitted;

        c)    offer or pay or give or agree to pay any sum of money or valuable consideration
              directly or indirectly to any person for doing or having done or causing or having
              caused to be done in relation to any other tender or proposed tender for the said
              work any act or thing of the sort described above.

In this certificate, the word “person” includes any individual, partnership, association, or body
either corporate or unincorporated; and “any agreement or arrangement” includes any such
transaction, formal or informal, and whether legally binding or not.

Signature:                                                            Date:



Name:                                                                 BLOCK CAPITALS



Position in Company:



Signed for and on
behalf of:

Name

Address




Postcode


                                              - 23 -
F. DECLARATION BY TENDERER

1. The undersigned, for and on behalf of …………………………..hereby offers the goods tendered for
herein at the prices quoted, and subject to the conditions set forth herein.

2. The offer contained in this tender remains valid for acceptance for a period of at least 90
days from the close of tenders.




Signature ………………………………………………………………………………………………………………………………………………

Date ……………………………………………………………………………………………………………………………………………………..

Official Position in the Company/Firm ………………………………………………………………………………………………..

Duly authorised to sign Tenders and Quotations for an on behalf of:


Registered Address                                     Postal Address




Telephone Number                                       Facsimile Number

Details of Point of Contact

Name:

Position in the Company:

Telephone Number:

Facsimile Number:

Email:




                                              - 24 -
APPENDIX 1 – DRAFT CONTRACT INCLUDING TERMS AND
CONDITIONS

      Forestry Commission Terms and Conditions for Timber Harvesting
                              Operations

AGREEMENT between THE FORESTRY COMMISSION, acting in exercise of the powers contained in the
Forestry Act 1967 and having its principal place of business at 231 Corstorphine Road, Edinburgh EH12 7AT
(the “Commission”)

and

(Contractor Name)

(Company Name)

(Address)


(The “Contractor”)

The Commission and the Contractor hereby agree as follows:

1        Definitions

         In this Agreement:

         1.1     the following expressions shall have the meanings set out opposite them, unless the
                 context requires otherwise:-

                 Agreement                    this Agreement, as from time to time varied, added to
                                              or extended;

                 Authorised Access            the roads which may be used by the Contractor
                 Routes                       pursuant to this Agreement marked as such on the
                                              Contract Map and/or such other roads as may be
                                              agreed between the Commission and the Contractor
                                              from time to time;

                 Business Day                 any day on which clearing banks are open for general
                                              banking business in that part of the United Kingdom in
                                              which the Services are being performed;

                 Commencement Date            the date specified as such in paragraph 1 of the
                                              Schedule (or such other date as may be agreed
                                              between the Contractor and the Commission);

                 Completion Date              the date specified as such in paragraph 6 of the
                                              Schedule (or such other date as may be agreed
                                              between the Contractor and the Commission);

                 Contract Map                 the map or maps annexed as Part 2 of the Schedule;

                 Dangerous Substances         any radioactive or other emissions and any natural or
                                              artificial substances (whether in solid or liquid form or
                                              in the form of a gas or vapour and whether alone or in
                                              combination with any other substance) capable (in
                                              each case) of causing harm to man or any other living
                                                   - 25 -
                        organism or damaging the environment or public
                        health or welfare including (without limitation) any
                        controlled, special, hazardous, toxic, radioactive or
                        dangerous waste whether or not such emission,
                        substance or waste is referred to specifically in or
                        regulated under any Environmental Law;

Data Protection Act     Data Protection Act 1998. This applies to both manual
                        and computerised personal data and requires those
                        who hold the data to register. The Commission is
                        registered and complies with data protection principles
                        of good practice.

Employment Law          includes all European Community, national or local
                        laws or regulations, each as in existence or formally
                        proposed at the date hereof and any law, regulation,
                        statutory instrument or legislative provision which
                        amends, extends, consolidates or replaces the same
                        from time to time (or shall have done so) and any other
                        regulation, statutory instrument or other subordinate
                        legislation made thereunder or pursuant thereto, and
                        any codes of practice, circulars, guidance notes and
                        the like issued under or pursuant to any such law or
                        regulation by any statutory body in the United Kingdom,
                        which law, regulation, statutory instrument, legislative
                        provision, subordinate legislation, code of practice,
                        circular or guidance note concerns employment or
                        welfare or the conditions of the workplace, and judicial
                        and administrative interpretation of each of the
                        foregoing;

Environmental Law       includes all European Community, national or local
                        laws or regulations, each as in existence or formally
                        proposed at the date hereof and any law, regulation,
                        statutory instrument or legislative provision which
                        amends, extends, consolidates or replaces the same
                        from time to time (or shall have done so) and any other
                        regulation, statutory instrument or other subordinate
                        legislation made thereunder or pursuant thereto, and
                        any codes of practice, circulars, guidance notes and
                        the like issued under or pursuant to any such law or
                        regulation by any statutory body in the United Kingdom,
                        which law, regulation, statutory instrument, legislative
                        provision, subordinate legislation, code of practice,
                        circular or guidance note concerns the protection of
                        man or any other living organisms or welfare or the
                        environment or the conditions of the workplace or the
                        generation, transportation, storage, treatment or
                        disposal of Dangerous Substances, and judicial and
                        administrative interpretation of each of the foregoing;

Force Majeure           in relation to either party, any circumstances beyond
                        the reasonable control of that party (including without
                        limitation any fire (other than fire damage caused as
                        provided in Clause 7), explosion, flood, windthrow, Act
                        of God, strike, lock-out or other industrial action);

Health and Safety Law   includes all European Community, national or local
                        laws, regulations, statutory instruments, orders or
                        legislative provisions in force from time to time
                        (together hereafter referred to as “laws”), and any
                             - 26 -
                                      codes of practice, circulars, guidance notes and the
                                      like issued or approved by the Health and Safety
                                      Commission or the Health and Safety Executive or
                                      issued or approved under or pursuant to any laws by
                                      any other statutory body in the United Kingdom, which
                                      law, regulation, statutory instrument, order, legislative
                                      provision, code of practice, circular or guidance note
                                      relates to health and safety or the conduct of forestry
                                      operations or of such other operations or processes as
                                      may be included in the Services, including but not
                                      limited to all duties, obligations and requirements
                                      imposed by or pursuant to the Factories Act 1961,
                                      Health and Safety at Work etc Act 1974, Occupiers‟
                                      Liability (Scotland) Act 1960, Occupiers‟ Liability Acts
                                      1957 and 1984, Control of Pollution Act 1974,
                                      Environmental Protection Act 1990, Construction
                                      (Design and Management) Regulations 1994 and any
                                      regulations, rules and orders made pursuant thereto
                                      and judicial and administrative interpretation of each of
                                      the foregoing;

      Products                        the trees marked by the Commission with the method
                                      of marking specified on the Contract Map and located
                                      within the Work Site (including, without prejudice to the
                                      foregoing generality, the wood and timber represented
                                      by those trees);

      Services                        the Services to be provided and performed by the
                                      Contractor which are described in Clause 2 and in
                                      paragraph 2 of Part I of the Schedule);

      Schedule                        the Schedule annexed to, and which forms part of, this
                                      Agreement (as from time to time varied, added to or
                                      extended);

      Stacking Sites                  those locations adjacent to Authorised Access Routes
                                      (at all times located within the Work Site) and indicated
                                      on the Contract Map, on which the timber resulting
                                      from the harvesting of the Products is to be stacked;

      Work Site                       means those areas of land (including any Authorised
                                      Access Routes) shown by hatching (or otherwise
                                      identified) on the Contract Map.

1.2   references to a statute or statutory provision shall be construed as a reference to
      that statute or provision as respectively amended, consolidated, modified, extended,
      re-enacted or replaced from time to time and shall include the corresponding
      provisions of any earlier legislation and any orders, regulations, instruments or other
      subordinate legislation made from time to time under the relevant statute;

1.3   unless the context otherwise requires, any reference to a Clause followed by a
      number shall be a reference to the clause bearing that number in this Agreement;

1.4   expressions in the singular shall include the plural and vice versa and in one gender
      shall include all other genders and reference to a person shall include a reference to
      a firm, body corporate, or an unincorporated association and vice versa;

1.5   references to any legal term for any action, remedy, proceeding, legal document,
      legal status, court, official or any other legal concept or thing in any jurisdiction shall
      be deemed to include the legal terms most nearly approximating or analogous
      thereto in other relevant jurisdictions.
                                           - 27 -
2   Services

    2.1    The Services shall consist of the harvesting of the Products, as described in
           paragraph 2 of Part I of the Schedule, during the period beginning on the
           Commencement Date and ending on the Completion Date. The Contractor shall
           provide the Services to (and perform the Services for) the Commission in
           accordance with and subject to the terms of this Agreement (including but not limited
           to the provisions set out in paragraphs 2 and 3 of Part I of the Schedule) and in
           accordance with industry best practice.

    2.2    The Contractor and the Commission shall hold a Pre-Commencement Meeting and
           the conclusions of the meeting will be recorded.

    2.3    The Contractor shall adopt a reasonable method of working such that: -

           2.3.1   the work is carried out in an orderly and workmanlike manner utilising best
                   available techniques; and

           2.3.2   all Products extracted are stacked in a safe manner on the Stacking Sites
                   or as otherwise directed by the Commission; and
           2.3.3   the Contractor must seek the agreement of the Commission prior to the
                   construction or use of any additional extraction routes or Stacking Sites not
                   indicated on the Contract Map.

    2.4    The Contractor shall at all times comply with all Employment Law and additionally
           the following: -

           2.4.1    Chainsaw operators working on Commission land must be in possession
                    of either a current Certificate(s) of Competence issued by an approved
                    awarding body or the current equivalent units or qualifications within a
                    recognised National or Scottish Vocational Qualification. During
                    consolidation training prior to full assessment against a national standard a
                    valid "Record of Training and Achievement" or qualifications issued by
                    FASTCo or the equivalent from any body which from time to time replaces
                    it is an acceptable interim confirmation of competence;

           2.4.2    Harvesting, extraction and processor machine operators or other
                    equivalent or related operators working on Commission land must possess
                    [wherever and whenever available] a current certificate(s) confirming
                    competence which is derived from the appropriate recognised National or
                    Scottish Vocational Qualification or other approved qualification which from
                    time to time replaces it. During consolidation training prior to full
                    assessment against a national standard a valid "Record of Training and
                    Achievement" or the equivalent issued by FASTCo, or the equivalent from
                    any body which from time to time replaces it, is an acceptable interim
                    confirmation of competence;

           2.4.3    Any overhead electric lines in the area covered by this Agreement will be
                    indicated on the Contract Map. The agent responsible for any overhead
                    electric line indicated on the Contract Map shall be listed in the Schedule.
                    The Commission shall have the right at all times to demand that anyone
                    working within 2 tree lengths of an overhead electric line shall stop work
                    immediately unless they possess either a valid Site Safety Document or
                    Permit to Work, both as specified in the relevant FASTCo guide.
                    Operators on sites that include overhead electric lines must be in
                    possession of the relevant applicable FASTCo Safety Guide or the
                    equivalent from any body that from time to time replaces it.



                                             - 28 -
    2.5      Unless otherwise directed by the Commission, the Contractor shall treat with Urea or
             other substance specified by the Commission the stump of each conifer tree which
             the Contractor fells, immediately after and in any case within 20 minutes of the
             felling thereof. The necessary materials will be supplied at the cost of the
             Commission and at such locations and in such form as specified in the Schedule but
             the required application of such treatment shall otherwise be at the expense of the
             Contractor.

    2.6      If for some reason not foreseen at the time the Agreement was made the
             Commission is required to stop all work for part or all of the time between the
             Commencement Date and the Completion Date, the Commission shall, save in an
             emergency, write to the Contractor requesting a meeting to discuss an amendment
             to the terms of this Agreement. Any new terms reasonably agreed as a result of that
             or any subsequent meeting shall be incorporated in Addenda to this Agreement.
             Where this clause applies, the Commission shall be deemed not to be in breach of
             the Agreement.

    2.7      No animal, except those employed to remove Products, shall be taken or allowed on
             Commission land by the Contractor without the written consent of the Commission.
             Any animals employed to remove Products or brought on to Commission land with
             the Commission's consent shall at all times remain the responsibility of the
             Contractor and shall be kept under control at all times so as to prevent any injury to
             any person, property, any living organism or the environment.

    2.8      The Contractor shall fell and/or extract the whole of the Products. The Work Site
             and Authorised Access Routes to be used by the Contractor in accordance with this
             Agreement shall be as indicatedon the Contract Map.

3   Price and Payment
    3.1     In consideration of the performance of the Services, the Commission shall pay to the
            Contractor sums calculated in accordance with the provisions set out in paragraph 4
            of Part I of the Schedule together with the costs and expenses set out therein.

    3.2      Sums payable to the Contractor shall be paid (subject to the other terms of this
             Agreement) in accordance with the provisions set out in paragraph 5 of Part I of the
             Schedule.

4   Access

    4.1      The Commission's policy is to allow public access on foot to all Commission forests
             wherever possible (subject to the Commission's Byelaws). However access is not
             allowed when this would infringe upon any agreements, covenants or undertakings
             and is controlled where it conflicts with the management and protection of the forest.
             The Contractor shall observe the Commission‟s policy on public access at all times
             and shall be responsible for informing all employees and sub-contractors of the
             same. In particular the Contractor shall observe any specific permissions and
             consents relating to other activities occurring on or near any location where the
             Services are being performed and shall obey the written or verbal instructions of any
             Commission officer.

    4.2      Without prejudice to its other obligations under this Agreement, the Contractor shall
             ensure that:-
             4.2.1   all vehicles operated by or on behalf of the Contractor shall be in a
                     roadworthy condition and suitable for the relevant road conditions and
                     terrain and shall be driven or used only by competent personnel with all
                     proper skill, care and attention and shall be driven at such speed as shall be
                     prudent and reasonable in all the circumstances, having regard (without
                     limitation) to the nature of the route, vehicular load and prevailing weather
                     and road conditions;

                                                - 29 -
             4.2.2    all vehicles and/or equipment operated by or on behalf of the Contractor
                      shall be in a safe and operable condition and, without prejudice to the
                      foregoing, shall comply with and be operated in accordance with all
                      applicable legal requirements;

             4.2.3    the use of any machine or method of working operated by or on behalf of
                      the Contractor which is causing or is likely to cause, in the opinion of the
                      Commission, avoidable damage to standing trees, any road, path, track or
                      drain, or to other property, is stopped on request from the Commission; and

             4.2.4    the Authorised Access Routes and all roads in and around any work site
                      (including, for the avoidance of doubt all public rights of way and access)
                      are at all times kept free of obstructions resulting from the Contractor‟s
                      operations which would prevent free flow of traffic except for a minimum of
                      delay, except where agreement has been reached for temporary closure in
                      connection with the performance of the Services or unless otherwise
                      specifically agreed by the Commission.

     4.3     The Contractor must use Authorised Access Routes only (and may use such routes
             solely for the fulfilment of its obligations under the Agreement). The Contractor must
             take every reasonable precaution to prevent any avoidable damage to such
             Authorised Access Routes (including, without prejudice to the generality of the
             foregoing, ensuring that they are not used after exceptionally heavy rains or during or
             after a thaw, until suitable for use without causing avoidable damage) and restore all
             actual damage occasioned thereto. The use of such routes shall be at the
             Contractor‟s own risk and (save to the extent occasioned by the negligence of the
             Commission or its employees) the Commission shall not be liable for any damage or
             injury arising out of the Contractor‟s use of such routes. The Commission gives no
             warranty that any such authorised access routes will be usable by vehicles at any
             specified time.

             In the event that all or part of the Authorised Access Routes require to be repaired or
             maintained, the Commission shall be entitled, after consultation with the Contractor
             save in an emergency, to close all or part of the Authorised Access Routes while the
             work is carried out.


5   Health and Safety at Work

     The Contractor shall ensure full compliance on the part of itself and its employees, and on
     the part of its sub-contractors and agents and their respective employees, with all Health and
     Safety Law in relation to any action by or on behalf of the Contractor in connection with the
     provision and performance of the Services taking place upon the land, access routes or other
     premises/property of the Commission. Furthermore the Contractor accepts that the
     minimum safety standards relevant to forestry operations are those defined and promulgated
     by FASTCo. (the Forest and Arboricultural Safety and Training Council) and such other
     safety standards as may be stipulated from time to time by the Commission. In the event of
     any breaches of the statutory requirements or standards being committed by the Contractor
     or its sub-contractors or agents, or any of its or their employees, the Commission may inform
     the Contractor of the nature of the breach and of the remedial action which the Commission
     requires to be taken and may specify the time within which such remedial action is to be
     taken. Failure to comply with such requirement within the time specified will be regarded as
     a breach of the Agreement.

6   Environment

     The Contractor shall at all times comply with all Environmental Law and any other regulation
     affecting the conduct of the Contractor‟s business and ensure that no harm to any person,
     property, any living organisms or the environment may result from its acts or omissions in
     relation to this Agreement or from the acts or omissions of its employees, sub-contractors
                                                - 30 -
      and agents or the employees of any of them in relation to the Agreement. Without limiting the
      generality of the foregoing, the Contractor shall ensure that:

      6.1        all necessary precautions are taken to prevent wilful, reckless or negligent
                 damage to any and all standing trees remaining on the Work Site or in any
                 neighbouring woods or plantations, and to any and all buildings, archaeological
                 sites, walls, gates, fences, hedges, drains, watercourses (including groundwater),
                 roads, rides, tracks, vegetation, man, living organisms or the environment; and

      6.2        no watercourses are impeded as a result of the Contractor‟s operations and no
                 unauthorised or unlawful discharges are made, as a result of the Contractor‟s
                 operations, to any drains, sewers, controlled waters or other waters either in
                 contravention of Environmental Law or which may cause damage to man, any
                 living organism or the environment.

7    Fires

      The Contractor shall not light fires within the forest area without permission of the
      Commission and shall take all reasonable and proper precautions under the direction of the
      Commission to prevent and to deal with fire in the said area or adjoining ground and the
      Contractor shall be responsible for any loss whatsoever through fire attributable to his
      negligence.

8    Noise

      The Commission reserves the right to prohibit or restrict the use of power saws and any
      other machines on its property where their use would, in the Commission‟s reasonable
      opinion, constitute a nuisance to the general public or to local residents. Such prohibition
      shall not be regarded as justifying further changes in the terms, conditions or prices in the
      Agreement.

9    Caravans etc.

      No caravan, mobile home, campervan or equivalent vehicle or tent shall be brought onto the
      Commission‟s land without the written consent of the Commission.



10   Liability/Indemnity

      10.1     The Contractor will indemnify the Commission against any loss, cost, liability, injury,
               damage or expense occasioned by the act or default or omission of the Contractor
               or its sub-contractors or agents, or the employees of any of them, in the
               performance of the Agreement or arising out of any breach of the Agreement by the
               Contractor or out of any claim by a third party based on any facts which, if
               substantiated, would constitute such a breach.
      10.2     The Contractor shall cause no damage or injury to the property of the Commission
               or third parties, or injury to the Commission‟s employees or third parties. Without
               prejudice to any other rights of the Commission the Contractor shall be liable for
               any wilful, reckless or negligent damage due to any act or default of the Contractor
               or its sub-contractors or agents, or the employees of any of them, arising in any way
               in connection with the performance of the Agreement and shall make good the
               same to the satisfaction of the Commission within 14 Business Days of its
               occurrence.



11   Force Majeure

      If either party is unable to perform all or any of its obligations hereunder by reason of Force
      Majeure then the party affected shall within 5 Business Days of the event or circumstances
                                                  - 31 -
      giving rise to Force Majeure give written notice to the other of its inability to perform the
      Agreement and the reasons for the same.

      On the giving of such notice by either party then the Completion Date shall be extended for a
      period equivalent in working hours and conditions to the period of the delay or suspension
      thereby caused.



12   Rewards

      The Contractor shall not offer any reward, perquisite or emolument whatsoever to any person
      in the employment of the Commission.



13   Assignation

      The Contractor shall not assign or sub-let its rights under this Agreement except with the
      written consent of the Commission and upon such terms as the Commission may require.



14   Termination for Breach and Suspension

      14.1     The Commission shall be entitled by written notice to terminate this Agreement with
               immediate effect (but without prejudice to the Commission‟s other rights or
               remedies hereunder) if the Contractor commits a material breach of the terms of
               this Agreement which is irremediable.

      14.2     The Commission shall be entitled to terminate this Agreement on giving [one
               month‟s] written notice to the Contractor in the event that a remediable breach of
               any term of this Agreement (not being a breach caused by Force Majeure pursuant
               to Clause 11 above or a breach referred to in Clause 14.3 below) is committed by
               the Contractor and not remedied within such reasonable period as specified by the
               Commission by written notice served on the Contractor, or if (in the Commission‟s
               reasonable opinion) there is a persistent repetition of remediable breach by the
               Contractor. A remediable breach is one where the Contractor can comply with the
               provision in question in all respects other than as to the time of performance.

      14.3     The Commission shall be entitled to terminate this Agreement with immediate effect
               (but without prejudice to the Commission‟s rights and claims hereunder) by written
               notice to the Contractor if:-

               14.3.1     the holder of any security takes possession of or a receiver (or, in
                          England or Wales, a receiver or manager) is appointed over any of the
                          property or assets of the Contractor or if any diligence, distress or
                          execution shall be levied or enforced or sued out upon or against any of
                          the property or assets of the Contractor;

               14.3.2     the Contractor makes any voluntary arrangement with its creditors or
                          becomes subject to an administration order;

               14.3.3     the Contractor (being a corporation) goes into liquidation (except for the
                          purposes of amalgamation or reconstruction and in such manner that the
                          company resulting therefrom effectively agrees to be bound by or
                          assumes the obligations imposed on the Contractor hereunder);

               14.3.4     the Contractor (being an individual or partnership), becomes apparently
                          insolvent or is sequestrated or if (in England or Wales) any petition or
                                                   - 32 -
                         receiving order is made against him or if the Contractor shall be unable to
                         pay his debts or suspends payment of his debts; or

               14.3.5    the Contractor ceases to carry on business.

               14.3.6    the Contractor or its sub-contractors or agents, or the employees of any
                         of them, does or fails to do anything which brings or might reasonably be
                         expected to bring into disrepute the Commission, its officers, employees,
                         clients or suppliers (including, but not limited to committing an act of fraud
                         or dishonesty or violence whether or not connected with the provision of
                         the Services).

      14.4     For the avoidance of doubt, a breach of Clauses 4.2, 5, 6, 7 and 17 hereof will be
               deemed to be material for the purposes of this Clause 14.

      14.5     Any termination of this Agreement for any reason shall be without prejudice to any
               other rights or remedies a party may be entitled to at law or under this Agreement. It
               shall not affect any accrued rights or liabilities of either party nor the coming into or
               the continuance in force of any provision of this Agreement that is expressly or by
               implication intended to come into or continue in force on or after such termination
               including but not limited to Clauses [1, 10, 15, 17, 20, 23, 24 and 28].

      14.6     Without prejudice to the preceding provisions of this clause and without prejudice to
               the Commission‟s other rights or remedies under this Agreement, in the event that
               the Commission becomes aware of any breach of Health and Safety Law by the
               Contractor or any of its employees, or by any of the Contractor‟s sub-contractors or
               agents or any of their respective employees, the Commission may by notice in
               writing to the Contractor suspend the further performance of this Agreement until
               such time as it has investigated such breach. Following such investigation, and
               without prejudice to the Commission‟s other rights and remedies under this
               Agreement, the Commission may (if applicable) exercise its rights to terminate this
               Agreement pursuant to this Clause 14 or may, by a further notice in writing, require
               the Contractor to perform the Agreement insofar as then remaining unperformed.


15   Removal from Site

      The Contractor shall within one month of the termination of this Agreement or within one
      month of completion of the Services, whichever is the earlier, remove from the forest area
      any equipment or erections belonging to the Contractor. Should the Contractor fail to remove
      such equipment or erections within the time specified, it shall be regarded as having
      abandoned the equipment or erections (but so that the Contractor shall remain liable for all
      injury or damage caused by such equipment or erections) and the Commission shall be
      entitled to retain or remove them as it thinks fit. The Contractor shall on demand reimburse
      the Commission for all costs incurred in removing or disposing of any equipment or erections
      so abandoned and making good any damage resulting therefrom.

16   Compliance with Regulations

      The Contractor shall ensure that, in the course of and in connection with the performance of
      this Agreement, it and its sub-contractors and agents, and their respective employees,
      comply with all applicable requirements of European Community, national and local laws,
      regulations, statutory instruments, orders or legislative provisions in force from time to time
      and, without prejudice to the foregoing generality:

      16.1    the Contractor shall ensure that it and its employees, sub-contractors and agents are
              fully acquainted with, and comply in all respects with the terms of, the Reporting of
              Injuries, Diseases and Dangerous Occurrences Regulations 1995 (“RIDDOR”); the
              Contractor shall ensure that the Commission is notified immediately of any death,
              injury, disease or dangerous occurrence in respect of which notification requires to
              be given by a responsible person under RIDDOR, and that the Commission receives
                                                  - 33 -
              all relevant details that require to be included in a report by a responsible person
              under RIDDOR forthwith (in the case of a reportable disease) or within 5 working
              days, in the case of a death, injury or dangerous occurrence;

      16.2    the Contractor shall ensure that it and its employees, sub-contractors and agents are
              fully acquainted with, and comply in all respects with the terms of, the Forestry
              Commission Byelaws 1982 and any amendment or addition thereto which may from
              time to time be notified to the Contractor by the Commission (the “Byelaws”).

     Copies of booklets containing the regulations laid down by RIDDOR and the Byelaws are
     held by the local Forest District Manager. The Contractor shall observe such reasonable
     verbal or written instructions as may be issued by Commission Officers in relation to
     compliance with RIDDOR and/or the Byelaws.


17   Insurance

      17.1     Throughout the term of the Agreement, the Contractor shall, at its own expense,
               maintain insurance with an insurance company approved by the Commission, in an
               amount of not less than £5,000,000, unless otherwise stated in the schedule, per
               claim, against all loss, damage and insurable risks of third party liability arising out
               of the acts or omissions, works, operations or processes pursuant to this
               Agreement of the Contractor, its sub-contractors and agents and the employees of
               any of them as the Commission shall, in its sole discretion, determine (acting
               reasonably) and the Contractor shall pay or have paid all premiums and other
               monies necessary for said insurance.

      17.2     Prior to the Commencement Date or (at the discretion of the Commission) within a
               reasonable period after such date, and thereafter when so requested by the
               Commission at any time, the Contractor shall produce to the Commission the policy
               or policies of such insurance and the receipt(s) for the then current year's premium.

      17.3     The Company shall not commit (and shall procure that none of its employees, sub-
               contractors or agents or any of their respective employees shall commit) or permit
               any act or omission in connection with the provision and performance of the
               Services or otherwise under or pursuant to this Agreement which may render the
               policy or policies of insurance effected in accordance with this Clause 17 void or
               voidable.

18   Settlement of Disputes/Arbitration

      If any dispute or difference of any kind shall arise out of any of the provisions of this
      Agreement upon which agreement cannot be reached between the Commission and the
      Contractor the dispute or difference shall be referred to an independent arbiter/arbitrator
      agreed upon between the parties for a decision, which decision shall be final and binding
      upon the parties.

19   Waiver

      The failure by the Commission to enforce at any time or for any period any one or more of
      the terms and conditions of this Agreement shall not be a waiver of its right at any time
      subsequently to enforce all terms and conditions of this Agreement.

20   Independent Contractor

      The Contractor is engaged to provide the Services as an independent contractor and neither
      it, nor any of its employees, sub-contractors or agents (or their respective employees), is the
      employee of the Commission. The Contractor shall bear exclusive responsibility for the
      payment of (and shall indemnify the Commission against) all income tax, national insurance
      contributions and other taxes or duties payable on or in respect of any sum paid to the
      Contractor under this Agreement (other than to the extent that the Commission is under any
                                                  - 34 -
           obligation to pay value added tax to the Contractor on any such sum). The Contractor shall
           be responsible for accounting for and making payment of any income tax, national insurance
           contributions and other taxes or duties payable on or in respect of any sum paid by it to any
           of its employees, sub-contractors or agents and shall indemnify the Commission against any
           liability imposed on the Commission in respect of any such income tax, national insurance
           contributions or other taxes or duties.


     21          Sub-Contractors


          The Contractor shall not perform any or all of its obligations under this Agreement through
          sub-contractors or agents (other than through the Contractor‟s own employees) without
          notifying the Commission and obtaining its prior written consent [(such consent not to be
          unreasonably withheld or delayed)]. The Contractor shall remain liable for the performance of
          all its obligations under this Agreement notwithstanding its appointment of any such
          authorised sub-contractor or agent to perform any of them. Any act or omission of any sub-
          contractor or agent of the Contractor, or of any employee of the Contractor or of any such
          sub-contractor or employee, shall be deemed to be the act or omission of the Contractor
          which shall be responsible therefor accordingly and shall indemnify the Commission against
          any loss or damage suffered by the Commission arising from any act or omission of such sub-
          contractors, agents or employees.

     22          Notices

          Any notice or document required or permitted to be given or served under this Agreement may
          be given or served personally by leaving the same or by sending the same by first class
          recorded delivery post or fax or email as follows:-

          22.1     in the case of the Commission at or to the address and, where appropriate, to the fax
                   number and marked for the attention of the person, all as specified in paragraph 7 of
                   the Schedule hereto;

          22.2     in the case of the Contractor at or to its address specified in the preamble to this
                   Agreement, or at or to such other address as shall have been last notified to the other
                   party for that purpose;

          22.3     any notice or document given or served by post will be deemed to have been duly
                   given or served on the second Business Day after the letter containing the same was
                   posted and, in proving that any notice or document was so given or served, it will be
                   necessary only to prove that the same was properly addressed and posted;
          22.4     any notice or document given or served by fax will be deemed to have been given or
                   served at the time of despatch or, if that is not during normal business hours on a
                   Business Day, at 0900 hours on the first Business Day following the date of despatch
                   and, in proving that any notice or document was so given or served it will be necessary
                   only to prove that the same was properly addressed and despatched. Any notice
                   served on behalf of the Forestry Commission by email will be deemed to have been
                   sent provided no failed delivery notice is received.

23        Confidentiality

           Throughout the period of this Agreement and after its termination the Contractor shall treat
           as confidential all information of a confidential nature that may be in or come into its
           possession relating to the Commission or the activities, affairs, businesses or customers of
           the Commission or the terms of this Agreement. The Contractor shall not make use of such
           information for any purpose other than the performance of its obligations under this
           Agreement nor (except where required by law) disclose such information to any third party
           other than to its employees or its authorised sub-contractors or agents, and then only to the
           extent that it is necessary to do so for the proper performance of the Contractor‟s obligations
                                                        - 35 -
       under this Agreement. The Contractor shall ensure that any employee or authorised sub-
       contractor or agent to whom such confidential information is so disclosed shall maintain its
       confidentiality and not make use of it for any purpose other than the performance of the
       Contractor‟s obligations under this Agreement. The provisions of this clause shall cease to
       apply to any such confidential information as is referred to above which becomes public
       knowledge other than by reason of a breach of this clause and through no fault of the
       Contractor.


24    Intellectual Property

      24.1   Immediately following the conception, origination or making of any discovery,
             invention, secret process or improvement in procedure by the Contractor (or its
             employees, agents or sub-contractors) in the course of or otherwise in connection with
             the performance of the Services (any such discovery, invention, secret process or
             improvement being hereafter referred to as an „Invention‟), the Contractor shall
             disclose full details of the Invention to the Commission. The Commission shall, in its
             sole discretion, be entitled to apply for patent rights or other equivalent protection in
             the United Kingdom or any other part of the world for any such Invention. The
             Contractor agrees to assign to the Commission all right, title and interest in and to any
             such Invention together with any other intellectual property rights arising out of the
             provision of Services and further agrees to assist the Commission in connection with
             any application for patent rights or other equivalent protection and do all such acts and
             things as the Commission may consider necessary or desirable in connection with any
             such assignation or assistance.

      24.2   The Contractor assigns to the Commission by way of future assignation of copyright
             the copyright in all documents and other works in which copyright is capable of
             subsisting in accordance with the Copyright Designs and Patents Act 1988, which
             document or work is originated or made by the Contractor in the course of or otherwise
             in connection with the performance of the Services, for all classes of act which by
             virtue of the said Act the owner of the copyright has the exclusive right to do
             throughout the world and for the whole period for which such copyright shall subsist.

      24.3   The Contractor hereby irrevocably appoints the Commission to be its attorney or agent
             in its name and on its behalf to do all such acts and things and sign all such deeds and
             documents as necessary in order to give the Commission the full benefit of the
             provisions of this clause. A certificate signed by any authorised signatory on behalf of
             the Commission to the effect that any act, thing, deed or document falls within the
             authority hereby conferred shall be conclusive evidence in favour of any third party that
             this is the case

(b)   25      Data Protection Act



       The Commission will only use personal data relating to the Contractor in accordance with
       data protection legislation. Such personal data will be collected, processed and used by the
       Commission or its duly authorised agents only for the purposes of complying with or
       enforcing (as appropriate)the rights and obligations granted or imposed upon the parties in
       terms of this Agreement, ensuring good forestry management and in the interests of health
       and safety. From time to time the forest areas subject to this agreement may be used by
       third parties. It may be necessary in the interests of safety and good forest management, for
       such third parties to notify the Contractor of any events or circumstances that may affect its
       use of the forest. In such circumstances, and for this purpose only, the Commission may
       disclose personal data regarding the Contractor to such third parties and by the Contractor‟s
       execution hereof the Contractor hereby consents to the use and disclosure of such data in
       accordance with the provisions of this clause. The Commission will take reasonable steps to
       ensure that the third parties any personal data is disclosed to in terms of this clause shall use
       and process such personal data only in accordance with data protection legislation. However
       the Commission shall have no liability to the Contractor for any failure on the part of such
       third party to do so.
                                                   - 36 -
26          Severance

              If a court or an appropriate authority decide that any part of the Agreement is invalid or
              unenforceable the remaining parts will still apply.

27          Entire Agreement and Amendment

              This Agreement contains the whole agreement between the parties in respect of the subject
              matter hereof and supersedes and replaces all prior proposals, agreements, representations
              and negotiations relating thereto, whether written or oral or implied between the parties or
              their respective advisers, save as otherwise provided herein and no modification or alteration
              of this Agreement shall be validly made unless in writing and signed by or on behalf of both
              parties hereto.

28          Warranties

              Each of the parties warrants that it has power and authority to enter into this Agreement.

              Both parties warrant and undertake that they are not aware, as at the date of this Agreement,
              of anything within their reasonable control which might or would adversely affect their ability
              to fulfil their obligations under this Agreement.

29.         Governing Law and Jurisdiction

This Agreement will be interpreted according to and governed by the law of England and Wales
and each of the parties will irrevocably submit to the judgement of the English and Welsh courts.
This Agreement, which consists of this, the 12 preceding pages and the attached Schedule, is
completed in duplicate as follows:


SIGNED for and on behalf of the FORESTRY COMMISSION

on the ....................................... day of ................................................., ...........
by:-
Authorised Signatory...................................................

Full Name ..............................................……………….




SIGNED for and on behalf of THE CONTRACTOR

on the ....................................... day of ................................................., ...........
by:-
Authorised Signatory...................................................

Full Name ..............................................……………….




                                                                              - 37 -
APPENDIX 2 –DRAFT CUTTING SCHEDULE

Logs 18cms + under bark

Where size and tree form allows there is a presumption that two log sizes will
be harvested one long log and one short log. All logs will be cut the green
specification, (no more than 1cms sweep per metre in length in one plane
only).

Long Logs - one size between 4.2m and 5.4m in length

Short Logs - one size between 1.9m and 3.7m in length.

Bars 12 or 14cms min diameter to 18cms maximum diameter UB

Should there be an available market for bars one size will be cut between 1.9
and 3.1 metres in length

PSR 6cms ub to 15 cms ub

Where form, species and high enough recovery percentage to justify, the
cutting of PSR material will be required.

1.7 metres in length.

All other material will be harvested for the chipwood/fuelwood market.

Diameter - 6cms minimum top – 80cms maximum butt.

Length - 2.8 metres




                                     - 38 -

				
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