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INVITATION TO TENDER - TAXI SERVICES JANUARY 2008 – DECEMBER 2010

You are invited by Blackpool & The Fylde College to submit a tender for the above contract. Read all documentation carefully. Please insert your company’s name on the top of all pages to be returned. If you do not wish to submit a tender, please return these documents, marked “No Tender”. It would be appreciated if you could state your reasons for not tendering, although there is no obligation to do so. You are also invited, if you wish, to submit alternative proposals if you believe that they provide better value for money to Blackpool & The Fylde College.This Invitation to tender is subject to the Special and General Conditions of Contract of Blackpool & The Fylde College (Appendices A & D) and the following Instructions to Tenderers:

1. The documents enclosed are evaluation documents that will enable the College to appoint a contractor. The objective of this tender exercise is to identify the most economically advantageous offer in terms of: service quality, price, sustainable factors, reliability of supply, ability to meet requirements, company financial stability, and ability to implement self-monitoring performance measures.

All enquiries relating to this Tender must be forwarded in writing to:

Mr Michael Ashworth Tel: 01253 504200Blackpool & The Fylde College Email: [email protected] Ashfield RoadBispham, Blackpool FY2 0HB

Any responses or clarifications offered will be made known to all other Tenderers.

2. This contract will commence on 1 January 2008 for a period of 3 years. Consideration will be given to extending the contract by a maximum of 2 years, subject to satisfactory performance and the agreement of both parties. Annual reviews of the contract will take place.

3. The return bid should contain all the original parts of the tender together with all the items indicated in the Aide Memoir. The Tender Documents must not be altered by the Tenderer in any way. Any modification considered necessary by the Tenderer should be detailed in a separate letter accompanying the Tender. Tenders may not be considered if the complete information called for is not provided at the time of tendering. The Tenderer should quote the Tender reference number on any supporting papers submitted with the Tender.

4. Tenders must be returned using the envelope provided by Friday October 5 th

2007 @ 12:00 noon to Blackpool & The Fylde College and must be clearly marked “Tender for the Supply of Taxi Services”. Late tender bids will not be considered. Failure to use the forms enclosed will invalidate the Tender. Blackpool & The Fylde College reserves the right, both prior to and after the award of the Tender, to inspect the validity of all information given, in order to substantiate the figures detailed by a Tenderer.

mailto:[email protected]

5. Tenders will be assessed and selected by the procurement team at the College. Please note that Blackpool & The Fylde College reserves the right not to accept the lowest or any Tender, and reserves the right to accept a portion of any Tender, unless the Tenderer expressly stipulates otherwise.

6. A notice of the award of contract will be published to all tenderers making a submission under this contract

APPENDIX A

SPECIAL CONDITIONS OF CONTRACT

Please complete the acceptance / acknowledgement box for each special condition.

1. DEFINITION AND SCOPEBlackpool & The Fylde College is inviting tenders for the supply of Taxi services to the College. The total annual value of the contract(s) which will be set in place as a result of this exercise, is estimated to be in the region of £9,000 inc. VAT. There is however, no guarantee of the anticipated volume of business that the contract will generate.

The “Tenderer” is the person, firm or company responding to this Invitation to Tender by submitting a Tender for the consideration of Blackpool & The Fylde College. The successful Tenderer(s) will be required to work closely with the College to ensure the satisfactory management of any resulting contract.

Tenders must be valid for acceptance for a minimum of 90 days from the last date advised for submission.

The “Supplier(s)” is/are the Tenderer(s) whose Tender is accepted in whole or in part by Blackpool & The Fylde College and who undertakes to accept orders for goods or services within the terms of the Tender from Blackpool & The Fylde College.

Statement of acceptance / acknowledgement:

2. CURRENT ARRANGEMENTSThe current contract for these items will end on 31 December 2007.


3. QUALITY OF SERVICEQuality of service shall be fit for the purpose and must meet the standards set out in the service level agreement throughout the life of the contract.


4. PRICINGThe annual spend quoted represents estimated usage by Blackpool & The Fylde College for a twelve-month period. These figures are for guidance only and Blackpool & The Fylde College cannot guarantee that any or all of the estimated business will be placed.

Prices will be reviewed 9 months from the commencement of this agreement (with 3 months notice of any increases) and every 12 months thereafter.

At the price review Blackpool & The Fylde College will require full justification for any proposed price revisions and Blackpool & The Fylde College reserves the right to reject any price increases that it considers unreasonable. Price increases may only be applied as a direct result of increased purchase costs suffered by the Supplier and any proposed increases to Blackpool & The Fylde College should not exceed such changes.

Any price variations agreed as a result of a review shall not be implemented for 3 months from the date of the review, therefore prices will remain fixed for 12 months from the commencement of this contract. In the unlikely event of significant changes in fuel prices under this contract the Supplier may reserve the right to discuss price amendments with Blackpool & The Fylde College.


5. CRB CLEARANCE

Please note that all drivers under this contract will be expected to have obtained CRB clearance in order to interact with students under the age of 18 years and that copies of all CRB clearances for nominated drivers must be provided by the nominated tenderer.In addition, it shall be the responsibility of the contractor to meet any associated costs under this requirement and to continually update their drivers registration details with the College during the period of this contract.


6. USE OF SUBCONTRACTORSThe names and addresses of any subcontractors the Tenderer proposes to employ must be supplied with the Tender.


7. LIABILITY INSURANCESIt is a requirement of Blackpool & The Fylde College that any tenderer submitting a proposal for this contract will have in place both Employer and Public Liability Insurance to a minimum value of £5,000,000 and that copies of certificates will be provided with this submission.


8. HEALTH & SAFETYThe health and safety of both students and staff is paramount under this agreement.All tenderers under this agreement will provide a written copy of their relevant policies.


9. CONDITIONS OF CONTRACTThe Special and General Conditions of Purchase of Blackpool & The Fylde College a copy of which is attached at Appendices A & D, will apply to this contract.


10. AWARD OF CONTRACTBlackpool & The Fylde College intends to notify the successful Supplier(s) as soon as possible of the outcome of the tender and in sufficient time for the contract to commence on 1 January 2008. Prospective Suppliers must be able to accommodate the smooth operation of this contract from the start date.


11. ENVIRONMENTAL COMMITMENTThe Tenderer must provide a copy of its published Environmental Policy statement where possible, or alternatively, provide a written statement detailing its practice in this area. In addition, the accompanying sustainable questionnaire (Appendix F) is to be completed by all tenderers. Short listed tenderers will be expected to provide extensive information on their environmental commitment and their policies and procedures to facilitate this.


12. RACE EQUALITY AND EQUALITY You shall comply and shall procure that any other third parties employed engaged or contracted by You in order to fulfil its obligations under the provisions of the Contract (“Sub-Contractors”) shall comply with:

a) all relevant equality legislation, including, without limitation, the Race Relations Act 1976 and the Race Relations Amendment Act 2000 and subordinate legislation made under those Acts and any legislation amending or replacing it or them from time to time (“the Equality Legislation”); and

b) any policies and procedures established by Us in respect of, and to ensure compliance with, the Equality Legislation (“Our Equality Policies”).

Without prejudice to any other rights and remedies accruing to Us under the Contract, in the event that You and/or any Sub-Contractor fails to comply with the provisions of the Equality Legislation and/or fails to comply with Our Equality Policies, We shall have the right to either: -

i) cancel any Purchase Orders issued to You and terminate the Contract forthwith, without liability of any kind whatsoever; or

ii) proceed with the fulfilment of the Contract, in which case You and any Sub-Contractors must comply with any measures specified by Us which We deem, at Our sole and absolute discretion, to be appropriate and necessary to ensure compliance with the Equality Legislation and Our Equality Policies. Such measures to be undertaken to achieve compliance shall be undertaken at Your risk and expense, and, unless otherwise agreed in writing by Us before the measures are taken, without charge to Us; or

iii) require that the Sub-Contractor in question is replaced (at no cost to Us) with another Sub-Contractor acceptable to Us.

We are actively committed to the implementation of equal opportunities and race equality in all our activities. You are expected to comply with the UK and European Union equality legislation including the 1995 Disability Discrimination Act and the Special Educational needs & Disability Act 2001; the 1976 Race Relations Act and the 2000 Amendment Act; the 1975 Sex Discrimination Act; the 1997 Prevention from Harassment Act and the 1974 Rehabilitation of Offenders Act. You must take all reasonable steps to ensure compliance with legislation and provide Us with documentary evidence of equality policy/ies and race equality scheme/policy/action plan.


13. TERMINATIONEither party may terminate this contract by giving to the other party three months’ written notice to do so.


APPENDIX B

Route Schedule

This contract shall cover the routes as detailed below: -

RouteYour Fixed Cost

£Bispham Campus – Central Blackpool Campus Bispham Campus – Ansdell Campus Bispham Campus – Fleetwood Nautical Campus Bispham Campus – Carr Head Adult Ed. Centre Bispham Campus – Carleton Court Fleetwood Bispahm Campus – Blackpool Football Club Central Blackpool Campus – Ansdell Central Blackpool Campus – Fleetwood Nautical Campus Central Blackpool Campus – Carr Head Adult Ed. Centre Central Blackpool Campus – Carleton Court Fleetwood Central Blackpool Campus – Blackpool Football Club Ansdell Campus – Fleetwood Nautical Campus Ansdell Campus – Carr Head Adult Ed. Centre Ansdell Campus – Carleton Court Fleetwood Ansdell Campus – Blackpool Football Club Fleetwood Nautical Campus – Carr Head Adult Ed. Centre Fleetwood Nautical Campus – Carleton Court Fleetwood Fleetwood Nautical Campus – Blackpool Football Club Carr Head Adult Ed. Centre – Carleton Court Carr Head Adult Ed. Centre – Blackpool Football Club Carleton Court – Blackpool Football Club Bispham Campus– Blackpool Central Train Station Central Blackpool Campus – Blackpool Central Train Station

Ansdell Campus – Blackpool Central Train Station Fleetwood Campus – Blackpool Central Train Station Carr Head Adult Ed. Centre – Blackpool Central Train Station

Carleton Court – Blackpool Central Train Station Blackpool Football Club – Blackpool Central Train Station Bispham Campus– Blackpool South Train Station Central Blackpool Campus – Blackpool South Train Station Ansdell Campus – Blackpool South Train Station Fleetwood Campus – Blackpool South Train Station Carr Head Adult Ed. Centre – Blackpool South Train Station Carleton Court – Blackpool South Train Station Blackpool Football Club – Blackpool South Train Station Bispham Campus– Poulton Train Station Central Blackpool Campus – Poulton Train Station Ansdell Campus – Poulton Train Station Fleetwood Campus – Poulton Train Station Carr Head Adult Ed. Centre – Poulton Train Station Carleton Court – Poulton Train Station Blackpool Football Club – Poulton Train Station Bispham Campus– Blackpool Airport & Return Central Blackpool Campus – Blackpool Airport & Return Ansdell Campus – Blackpool Airport & Return

Fleetwood Campus – Blackpool Airport & Return Bispham Campus– Manchester Airport & Return Central Blackpool Campus – Manchester Airport & Return Ansdell Campus – Manchester Airport & Return Fleetwood Campus – Manchester Airport & Return

Appendix C

OTHER DISCOUNTS OR INCENTIVES

Please state any other discounts available not contained within the route pricing schedule

Please state details of any early payment discounts.

Prices are fixed for / until:

Please add any other information to support your tender.

Appendix D

GENERAL CONDITIONS OF CONTRACT1. Definitions“The College”” means Blackpool & The Fylde College, whose registered address is Ashfield Road, Bispham, Blackpool. Lancashire, FY2 0HB“Tender” means a tender issued by Blackpool & The Fylde College for the supply of Goods to Us.“We”, “Us” and “Our” means Blackpool & The Fylde College“You” and “Your” means the person, firm or company to whom the Purchase Order is addressed and any employees, sub-contractors or agents of said person, firm or company.“Goods” means the materials, articles, works and services described in the Contract.“Package” means any type of package including bags, cases, carboys, cylinders, drums, pallets, tank wagons and other containers.“Authorised Officer” means Our employee authorised, either generally or specifically, by Us to sign Our Purchase Order, confirmation of which may be obtained from Our Director of Finance as applicable.“Authorised” means signed by one of Our Authorised Officers.“Purchase Order” means Our Authorised Purchase Order referring to the Tender and/or these General Conditions of Purchase on its face.“Order Amendment” means Our Authorised Order Amendment or series of Order Amendments, each Order Amendment having precedence over any earlier Order Amendment.“Contract” has the meaning given in Condition 2 below.“Price” has the meaning given in Condition 3 below.“Sale of Goods Act 1979” shall mean the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994.“Supply of Goods and Services Act 1982” shall mean the Supply of Goods and Services Act 1982 as amended by the Sale and Supply of Goods Act 1994.

2. The ContractA contract is established at two levels:

(i) between You and Us .The obligations created are on You to honour the terms of the tender for the period of the Contract, in particular to accept valid orders from Us within the terms of the Tender. Blackpool & The Fylde College does not guarantee that it will place orders or that any estimated spend will be achieved; and

(ii) between You and Us on each occasion that a purchase order is placed and accepted by You. Under that Contract You agree to sell and We agree to purchase the Goods in accordance with the Contract. Each such Contract shall be a separate and severable Contract. The Contract shall comprise (in order of precedence): any Order Amendments, the Purchase Order, these General Conditions of Purchase, the referenced Tender and any other document (or part document) referred to on the Purchase Order. The Contract shall not include any of Your conditions of sale, notwithstanding reference to them in any document. However, should this Contract be held by a court of competent jurisdiction to include Your terms and conditions of sale then in the event of any conflict or apparent conflict these General Conditions of Purchase shall always prevail over Your terms and conditions of sale. Delivery of Goods in response to a Purchase Order or Order Amendment shall be taken to imply that You have accepted the terms and conditions of this Contract.

3. PriceYou will sell Us the Goods for the firm and fixed Price stated in the Contract or at the discount level agreed. If no Price is stated in the Contract then the Price shall be a fair price, taking into account prevailing market conditions. The Price shall include storage, packing, insurance, delivery, installation and commissioning (as applicable) but shall exclude VAT.

4. VariationsWe shall have the right, before delivery, to send You an Order Amendment adding to, deleting or modifying the Goods. If the Order Amendment will cause a change to the Price or delivery date then You must suspend performance of the Contract and notify Us without delay, calculating the new Price and delivery date at the same level of cost and profitability as the original Price. You must allow Us at least 10 working days to consider any new Price and delivery date. The Order Amendment shall take effect when but only if Our Authorised Officer accepts in writing the new Price and delivery date within the time You stipulate. If Our Authorised Officer fails to confirm the Order Amendment within the time You stipulate then performance of the Contract shall immediately resume as though the said Order Amendment had not been issued (except that We may still exercise Our right of cancellation in accordance with Condition 5).

5. Our Right of CancellationIn addition to Our other rights of cancellation under this Contract, We may cancel the Purchase Order and any Order Amendment thereto at any time by sending You a notice of termination. You will comply with any instructions that We may issue with regard to the Goods. If You submit a termination claim then We will pay to You the cost of any commitments, liabilities or expenditure which in Our reasonable opinion were a consequence of this Contract at the time of termination. The total of all payments made or due to You under this Contract, including any termination payment, shall not exceed the Price. If You fail to submit a termination claim within 3 months of the date of Our notice of termination then We shall have no further liability under the Contract.

6. Quality and Description(a) The Goods shall:

(i) conform in every respect with the provisions of the Contract;(ii) be capable of all standards of performance specified in the Contract;(iii) be fit for any purpose made known to You expressly or by implication and in this respect We rely on Your skill and judgement;(iv) be new (unless otherwise specified on the Purchase Order) and be of sound materials and skilled and careful workmanship;(v) correspond with their description or any samples, patterns, drawings, plans and specifications referred to in the Contract;(vi) be of satisfactory quality;(vii) comply with any current legislation.

(b) Unless specifically required under the Contract, there shall be no asbestos content in the Goods.

7. Work on Our PremisesIf the Contract involves any works or services which You perform on Our premises then the following conditions shall apply:(a) You shall ensure that You and Your employees, Your sub-contractors and their employees and any other person associated with You will adhere in every respect to the obligations imposed on You by current safety legislation.(b) You shall ensure that You and Your employees, Your sub-contractors and their employees and any other person associated with You will comply with any regulations that We may notify to You in writing.

8. Progress and Inspection(a) You shall at Your expense provide any programmes of manufacture and delivery that We may reasonably require. You shall notify Us without delay in writing if Your progress falls behind or may fall behind any of these programmes.(b) We shall have the right to check progress at Your works or the works of sub-contractors at all reasonable times, to inspect and to reject Goods that do not comply with the Contract. Your sub-contracts shall reserve such right for Us.(c) Any inspection, or approval shall not relieve You from Your obligations under this

Contract.

9. PackageUnless otherwise stated in the Contract, all Package shall be non-returnable. If the Contract states that Package is returnable, You must give us full disposal instructions before the time of delivery. The Package must be clearly marked to show to whom it belongs. You must pay the cost of all carriage and handling for the return of Package. We shall not be liable for any Package lost or damaged in transit.

10. SafetyYou shall observe all legal requirements of the United Kingdom, European Union and relevant international agreements in relation to health, safety and environment, and in particular to the marking of hazardous Goods, the provision of data sheets for hazardous materials, and all provisions relating to food.

11. Delivery(a) The Goods shall be properly packed, secured and despatched at Your expense to arrive in good condition at the time or times and the place or places specified in the Contract(b) If You or Your carrier deliver any Goods at the wrong time or to the wrong place then We may deduct from the Price any resulting costs of storage or transport.

12. Late DeliveryIf the Goods or any part of them are not delivered by the time or times specified in the Contract then We may by written notice cancel any undelivered balance of the Goods. We may also return for full credit and at Your expense any Goods that in Our opinion cannot be utilised owing to this cancellation. In the case of services, We may have the work performed by alternative means and any additional costs reasonably so incurred shall be at Your expense. This shall not affect any other rights that We have.

13. Property and Risk(a) You shall bear all risks of loss or damage to the Goods until they have been delivered and shall insure accordingly.(b) Ownership of the Goods shall pass to Us:

(i) when the Goods have been delivered but without prejudice to our right of rejection under this Contract, and(ii) if We make any advance or stage payment, at the time such payment is made, in which case You must as soon as possible mark the Goods as Our property.

14. AcceptanceWe shall have the right to reject the Goods in whole or in part whether or not paid for in full or in part within a reasonable time of delivery if they do not conform with the requirements of this Contract. It is agreed that We may exercise the right of rejection notwithstanding any provision contained in section 11 or section 15A or section 30(subsections 2A and 2B) or section 35 of the Sale of Goods Act 1979. We shall give You a reasonable opportunity to replace the Goods with new Goods that conform with this Contract, after which time We shall be entitled to cancel the Purchase Order and purchase the nearest equivalent goods elsewhere. In the event of cancellation under this condition You shall promptly repay any moneys paid under the Contract without any retention or offset whatsoever. Cancellation of the Purchase Order under this condition shall not affect any other rights We may have. You must collect all rejected Goods within a reasonable time of rejection or We shall return them to You at Your risk and expense.

15. PaymentUnless stated otherwise in the Contract We shall pay You within 30 days of receipt of a correctly rendered invoice. Your invoice must be addressed to the department indicated on the Purchase Order and must quote the full Purchase Order number. We shall not be held responsible for delays in payment caused by Your failure to comply with Our invoicing instructions.

16. Your WarrantyIt is expressly agreed between us that:(a) You shall promptly make good at Your expense any defect in the Goods that We discover under proper usage during the agreed warranty period. Such defects may arise from Your faulty design Your erroneous instructions as to use or inadequate or faulty materials or poor workmanship or any other breach of Your obligations whether in this Contract or at law. (b) Repairs or replacements will themselves be covered by the above warranty but for a period to be agreed by You and Us.(d) You will ensure that compatible spares are available to facilitate repairs (where

applicable) for a period of at least 10 years from the date of delivery of the Goods.

17. Indemnity and Insurance(a) You shall indemnify Us against all loss, actions, costs, claims, demands, expenses and liabilities whatsoever (if any) which We may incur either at common law or by statute in respect of personal injury to or death of any person or in respect of any loss or destruction of or damage to property (other than as a result of any default or neglect of Ourselves or of any person for whom We are responsible) which shall have occurred in connection with any work executed by You under this Contract or shall be alleged to be attributable to some defect in the Goods.(b) This Purchase Order is given on the condition that (without prejudice to the generality of Condition 17(a)) You will indemnify us against all loss, costs, claims, demands, expenses and liabilities whatsoever (if any) which We may incur either at common law or by statute (other than as a result of any default or neglect of Ourselves or of any person for whom We are responsible) in respect of personal injury to or death of any of Your or Our employees, agents, sub-contractors or other representatives while on Our premises whether or not such persons are (at the time such personal injury or deaths are caused) acting in the course of their employment.(c) You will indemnify Us against any and all loss, costs, expenses and liabilities caused to Us whether directly or as a result of the action, claim or demand of any third party by reason of any breach by You of these conditions or of any terms or obligations on Your part implied by the Sale of Goods Act 1979, by the Supply of Goods and Services Act 1982 or by any other statute or statutory provision relevant to the Contract or to Goods or work covered thereby. This indemnity shall not be prejudiced or waived by any exercise of Our rights under Condition 14.(d)You shall hold satisfactory insurance cover with a reputable insurer to fulfil Your insurance obligations for the duration of this Contract including public liability insurance cover of at least £2M (two million pounds Sterling). You shall effect insurance against all those risks arising from Your indemnity in Condition 17(c). Satisfactory evidence of such insurance and payment of current premiums shall be shown to Us upon request.

18. Recovery of Sums DueWhenever under the Contract any sums of money shall be recoverable from or payable by You, they may be deducted from any sums then due, or which at any later time may become due to You under this Contract or under any other contract You may have with Us.

19. Matters beyond ControlIf either party is delayed or prevented from performing its obligations under this Contract by circumstances beyond the reasonable control of either party, (including without limitation any form of Government intervention, strikes and lock-outs relevant to the Purchase Order or breakdown of plant) such performance shall be suspended, and if it cannot be completed within a reasonable time after the due date as specified in the Purchase Order then the

Contract may be cancelled by either party. We shall pay to You such sum as may be fair and reasonable in all the circumstances of the case in respect of work performed by You under the Purchase Order prior to cancellation but only in respect of work that We have received full benefit as originally contemplated in the Contract. This provision can only have effect if it is called into operation by the party wishing to rely on it giving written notice to the other to that effect.

20. Articles on Loan and Use of Information(a) All tools, materials, drawings, specifications and other equipment and data (“the Articles”) loaned by Us to You in connection with the Contract shall remain always Our property and be surrendered to Us upon demand in good and serviceable condition (fair wear and tear allowed) and are to be used by You solely for the purpose of completing the Contract. You agree that no copy of any of the articles will be made without the consent in writing of Our Authorised Officer. Until You return all the articles to Us they shall be at Your risk and insured by You at Your own expense against the risk of loss, theft or damage. Any loss of or damage to such articles shall be made good by You at Your expense. All scrap arising from the supply of such articles must be disposed of at Our discretion and all proceeds of sales of such scrap must promptly be paid to Us in full.(b) Any information derived from Our property or otherwise communicated to You in connection with the Contract shall be kept secret and confidential and shall not without the consent in writing of Our Authorised Officer, be published or disclosed to any third party, or made use of by You except for the purpose of implementing the Contract.

21. Ownership of ResultsIf the Contract involves design and/or development work:(a) All rights in the results of work arising out of or deriving from this Contract, including inventions, designs, copyright and knowledge shall be Our property and We shall have the sole right to determine whether any letters patent, registered design, trademark and other protection shall be sought.(b) You shall promptly communicate to Us all such results and shall if requested and at Our expense do all acts and things necessary to enable Us or Our nominee to obtain letters patent, registered designs and other protection for such results in all territories and to assign the same to Us or Our nominee.(c) You shall ensure that all technical information (including computer programs and programming information) arising out of or deriving from this Contract is held in strict confidence except for any such information which becomes public knowledge other than by breach of this Contract.

22. Infringement of PatentsWith the exception of Goods made to Our design or instructions, You warrant that neither the Goods nor Our use of them will infringe any patent registered design trade mark copyright or other protected right and undertake to indemnify Us against all actions, claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement or alleged infringement of any such right.

23. Non-Observance of ConditionsIf You breach or fail to observe any provision of this Contract We may give You written notice of such breach or non-observance and You shall have 28 days from receipt of the notice in which to rectify the breach or non-observance. Should You fail to rectify the breach or non-observance, then We shall have the right to give You written notice terminating the Contract with immediate effect.

24. Your InsolvencyIf You become insolvent or bankrupt or (being a company) make an arrangement with Your creditors or have an administrative receiver or administrator appointed or commence to be wound up (other than for the purposes of amalgamation or reconstruction) We may without replacing or reducing any other of Our rights terminate the Contract with immediate effect by written notice to You or any person in whom the Contract may have become vested.

25. Assignment and Sub-lettingThe Contract shall not be assigned by You nor sub-let as a whole. You shall not sub-let any part of the Contract without Our written consent, but We shall not refuse such consent unreasonably The restriction contained in this condition shall not apply to sub-contracts for materials for minor details or for any part of which the makers are named in the Contract. You shall be responsible for all work done and Goods supplied by all sub-contractors.

26. Corrupt GiftsIn connection with this or any other Contract between You and Us You shall not give, provide, or offer to Our staff and agents any loan, fee, reward, gift or any emolument or advantage whatsoever. In the event of any breach of this Condition, We shall, without prejudice to any other rights We may possess, be at liberty forthwith to terminate this and any other Contract and to recover from You any loss or damage resulting from such termination.

27. WaiverA failure at any time to enforce any provision of the Contract shall in no way affect the right at a later date to require complete performance of the Contract; nor shall the waiver of the breach of any provision be taken or held to be a waiver of any subsequent breach of the provision or be a waiver of the provision itself.

28. NoticeAll notices and communications required to be sent by You or Us in this Contract shall be made in writing and sent by first class mail and if sent to You sent to Your registered or head office and if sent to Us sent to an Authorised Officer and shall be deemed to have reached the party to whom it is addressed on the next business day following the date of posting.

29. AmendmentNo addition alteration or substitution of these conditions will bind Us or form part of the Contract unless and until accepted in writing by Our Authorised Officer.

30. LawThis Contract shall be subject to English Law and the jurisdiction of the English Courts.

Appendix E

SERVICE LEVEL GUARANTEESBlackpool & The Fylde College intends to set up a Service Level Agreement with the successful Tenderer(s). The following areas should be used to measure your total performance:

On time collections to and from College premises Ability to service the requirements of the College Procedures for dealing with any complaints

Please provide any details of your systems / procedures in place to meet this requirement:

This Service Level Agreement will form part of the contract documentation

Appendix FSUPPLIER APPRAISAL FORM

ALL INFORMATION PROVIDED WILL BE TREATED AS CONFIDENTIALPlease complete as fully as possible

1. COMPANY NAME _____________________________________________________

Address for Main Business ______________________________________________

____________________________________________________________________

_________________________________________Post Code: _________________

Telephone No: _______________________ Fax No: _________________________

Email: ____________________________ Web Site: _________________________

1.2 TYPE OF COMPANY (Please Tick)

Private Public Limited CompanyManufacturer

Distributor Other

1.3 IF MANUFACTURER OR DISTRIBUTOR STATE NAME AND ADDRESS:(IF DIFFERENT FROM 1. ABOVE)

____________________________________________________________________

____________________________________________________________________

__________________________________ Post Code: ________________________

Telephone No: _______________________ Fax No: _________________________

Email: _____________________________ Web Site: _________________________

2. Not applicable to this tender.

3. COMPANY REGISTRATION NUMBER (OR EQUIVALENT)

_____________________________________

3.2 Number of Years Trading ________________

4. BANKER’S NAME AND ADDRESS _______________________________________

____________________________________________________________________

____________________________________________________________________

___________________________________Post Code: ________________________

4.2 Number of Years with Current Bankers? ______

4.3 Can Bank References/Financial Surveys Be Sought?YES/NO

5. FINANCIAL INFORMATION (Please supply details for last three years)

Annual Turnover in Respect of Products/Services Being Offered(£’s Sterling inc. vat)

2004 - £____________ 2005- £_____________ 2006- £_____________

Total Annual Turnover(£’s Sterling inc. vat)

2004 - £____________ 2005 - £____________ 2006 - £____________

6. REFERENCES

Please provide details of major supply contracts by name and annual value (£’s Sterling inc. vat)

1)______________________________ £______________

2)______________________________ £______________

3)______________________________ £______________

4)______________________________ £______________

5)______________________________ £______________

6.2 Please provide further details of Two Major Clients from the above list, Preferably Public Sector, from whom References Can Be Sought

a) Organisation __________________________________________________

Full Address ___________________________________________________

______________________________________________________________

Department _______________________ Telephone No: _______________

Contact Point _______________________ Position ___________________

Annual Value of Contract/Business (inc. vat) £__________________

b) Organisation __________________________________________________

Full Address ___________________________________________________

___________________________________________________

Department _______________________ Telephone No: _______________

Contact Point ______________________ Position ____________________

Annual Value of Contract/Business (inc. vat) £___________________

7. MANAGEMENT STRUCTURE (Please Supply Organisational Flowchart of Key Personnel)

7.2 Key Contacts & Positions

Name _______________________________

Position_______________________________

Name _______________________________

Position_______________________________

Name _______________________________

Position_______________________________

Name _______________________________

Position_______________________________

7.3 Number of Employees: (Please supply details for last three years)

2004 2005 2006a) Management __________ __________ __________

b) Administration __________ __________ __________

c) Production __________ __________ __________

d) Sales/Customer Service __________ __________ __________

e) Warehouse/Distribution __________ __________ __________

f) Area Representation __________ __________ __________

g) Technical Support __________ __________ __________

f) Total Staff __________ __________ _________

8. INSPECTIONS

Do you agree that your Premises, Procedures and Vehicle Control Arrangements may be inspected both Pre tender and Post Tender Award?

YES/NO

SIGNATURE _______________________________________________________________

POSITION IN THE COMPANY _______________________ DATE ___________________

APPENDIX G

Sustainable & Social Procurement Evaluation

This questionnaire should be completed in full and will form part of the overall evaluation of your response in consideration of supplying goods and or services to Blackpool & The Fylde College.

Section One – Organisational Information

Organisation NameAddress

Post codeTelephone NumberFax NumberContact NameJob TitleTelephone Numbere-mail address

What is your Organisation’s Industry Sector

Manufacturing Transportation Food distribution

Construction Communication Other

Agriculture Energy & Water

Distribution Medical Services

Financial Services Training

What is your Organisation’s Classification

Manufacturer Distributor Contractor

Wholesaler Service Provider Other

Number of Employees

1-50 51 – 250 250+

Section 2 – Accreditation & Management

Does your organisation operate under an ISO 1400 or EMAS ( Eco-Management Audit Scheme ) certified environmental management system

Yes No Don’t know

If the answer is Yes – provide details

Has your organisation developed a sustainable & social sourcing and supply policy

Yes No Don’t know

If the answer is Yes – please provide a copy

Has your organisation assessed the sustainable & social implications of:

Yes No Don’t Know Not ApplicableIts Activities

Its Products

Its Services

If the answer is yes to any of the categories please providence documentary evidence

It is also a requirement of this tender that the following information is presented

1. Please indicate the ages of the vehicles proposed for this contract.2. Please indicate the split between diesel / unleaded / lpgand bio fuel of your fleet3. Please provide details of sustainable & environmental developments planned for your

business over the term of the contract.

This data will be used to help assess the carbon footprint of this contract during the three year term

Does your organisation report on these issues in the public domain

Yes No Don’t know

If the answer is Yes – please provide a copy of the latest report or link to relevant web site

I hereby confirm that the information provided above is factual and accurate to the best of our knowledge

Signed for and on behalf of…………………………………………………………..

NAME……………………………………………………………………………………

POSITION ………………………………………………………………………………

APPENDIX H

This information is required as part of the College’s commitment to actively promote Equality and Equal Opportunities.

YES NO1 Is it your policy as an employer to comply with your statutory

obligations regarding gender, race, disability, sexual orientation, religion or belief and, accordingly, your practice not to treat any one group of people less favourably than others in relation to decisions to recruit, remunerate, train or promote employees?

2 Does your company have a documented Equal Opportunities Policy that complies with current UK/EU legislation? Is your policy set out – (please tick as appropriate)

A. In guidance/instructions to those concerned with recruitment, training and promotion.

B. In documents available to employees, recognised trade unions or other representative groups of employees.

C. In recruitment advertisements or other literature.

3 Do you observe as far as possible the appropriate Codes of Practice for Employment (i.e. Equality), and provide practical guidance to employees on the elimination of discrimination, and the promotion of equality of opportunity in employment, including steps that can be taken to encourage members of the ethnic minorities and other disadvantaged groups to apply for jobs or take up training opportunities.

4 In the last three years, have any finding of unlawful discrimination been made against your organisation by any court or industrial tribunal?

5 In the last three years, has your organisation been the subject of formal investigation on grounds of alleged unlawful discrimination?

6 If the answer to question 4 and 5 is in the affirmative, what steps did you take as a consequence of the finding(s)?

If it is subsequently found that the statements detailed above are untrue or deliberately misleading then the College reserves the right to disqualify the tenderer from the tender process and any subsequent contracts may be invalidated due to such misrepresentations.

Signed:

On behalf of:

Position:

Date:

THIS CERTIFICATE MUST BE COMPLETED, SIGNED AND RETURNED WITH THE TENDERAppendix I

PARENT COMPANY GUARANTEE IN RESPECT OF A SUBSIDIARY

Name of Guarantor:_____________________________________________________________________

Address:______________________________________________________________________

To: Blackpool & The Fylde College

We in consideration of your acceptance of the tender of _____________________________ (hereinafter called the Contractor) for ______________________ dated __________________ (which tender and acceptance are hereinafter referred to as the "Contract"), hereby agree to provide all resources whether financial or otherwise to enable the Contractor to fulfil duly the commitments arising from this Contract and agree that if the Contractor shall in any respect fail duly to perform and service any of its obligations under this Contract to your satisfaction we shall indemnify you against all losses, claims, liabilities and expenses which may be incurred or suffered by you by reason of such failure.

We agree that all the dividends, compositions and payments which you may at any time receive from the Contractor whether in liquidation or otherwise shall be taken and applied by you in part satisfaction of such losses, claims, liabilities and expenses and that this guarantee shall stand good in respect of the balance, and that we shall have no right to be subrogated to you until you have received payment in full of your claim against the Contractor.

We agree that this guarantee shall not be affected by amalgamation, change of name or status in the Contractor.

We agree that we shall not be discharged or released from this guarantee by any arrangement made between you and the Contractor by any alteration in the obligation imposed upon the Contractor by any Contract or by any forbearance granted by you to the Contractor as the payment, time, performance or otherwise or by any other matter or thing which but for this provision might exonerate us and this notwithstanding that such arrangement, alteration, forbearance, matter or other thing may have been made, granted or happen without our knowledge or consent.

Date____________________________________________

Signature of Guarantor______________________________

Address_________________________________________________________________

________________________________________________________________________

Witness_____________________________________________

Address_________________________________________________________________

Appendix J

DECLARATION OF BONA FIDE TENDER

1. We certify that this is a bona fide tender, 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 insurance premium quotations required for the preparation of the tender.

b) enter into any agreement or arrangement with any other person that they shall refrain from tendering or as to the amount of any tender to be submitted.

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

2. We further certify that the principles described in paragraph 1 above have been, or will be, brought to the attention of all sub-contractors, suppliers and associate companies providing services or materials connected with the tender, and any contract entered into with the sub-contractors, suppliers or associated companies will be made on the basis of compliance with the above principles by all parties.

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

4. I confirm that I accept any breach of the conditions of this Declaration of Bona Fide Tender will inevitably lead to the recission of the agreement by Blackpool & The Fylde College

Date:_______________

Signature:_____________________________ Print Full Name:________________________

In the capacity of:____________________________________________________________

(Please state official position, eg. Director, Sales Manager, etc.) being a person duly authorised to sign tenders on behalf of:

Company Name: ________________________________________________

Address: ________________________________________________

________________________________________________

________________________________________________

Post Code: _________________

Appendix K

FORM OF TENDERTo: Blackpool & The Fylde College

Dear Sirs

1. I/we have read the information provided in your Invitation to Tender and, subject to and upon the terms and conditions contained therein, I/we offer to supply the goods described in the said tender documents in such manner as may be required.

2. Terms and Conditions: I/we agree that this tender and any contract which may result therefrom shall be based upon the College General Conditions of Purchase included in the Invitation to Tender Pack.

3. The prices quoted in this Tender are valid for acceptance for 90 days from the final day for submission of Tenders and I/we confirm that the terms of the Tender will remain binding upon me/us and may be accepted by you at any time before that date.

4. I/we note that the framework agreement shall be valid upon acceptance and signature by both parties of the framework agreement.

5. Law: I/we agree that the construction, validity, performance and execution of any contract that may result from this Tender shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

6. I/we agree to bear all costs incurred by me/us in connection with the preparation and submission of this Tender and to bear any further costs incurred by me/us prior to the award of any contract.

7. I/we agree that any other terms or conditions of the agreement or any general reservation which may be printed on any correspondence emanating from me/us in connection with this tender, shall not be applicable to this Tender or Contract.

Date:_______________

Signature:___________________________ Print Full Name:__________________________

In the capacity of:____________________________________________________________

(Please state official position, eg. Director, Sales Manager, etc.) being a person duly authorised to sign tenders on behalf of:

Company Name: ________________________________________________

Address: ________________________________________________

________________________________________________

________________________________________________

Post Code: _________________

Appendix L

AIDE MEMOIR

It is essential that the following documents are returned and, where appropriate, signed by the Tenderer:

All original parts of the Tender completed as appropriate:

Special Conditions of Contract Appendix A

Route Pricing Schedule Appendix B

Other Discounts or Incentives Appendix C

General Conditions of Contract Appendix D

Service Level Guarantees Appendix E

Supplier Appraisal Form Appendix F

Sustainable Questionnaire Appendix G

Equal Opportunities Questionnaire Appendix H

Parent Company Guarantee Appendix I

Declaration of Bona Fide Tender Appendix J

Form of Tender Appendix K