department of health and social care - gov.im · thank you for your request to the department of...

Department of Health and Social Care

Rheynn Slaynt as Kiarail y Theay

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FOIA/DHSC/rvsd/01

Chief Executive: Malcolm Couch

Freedom of Information Team Department of Health & Social Care

Chief Executive’s Office Crookall House Demesne Road

Douglas Isle of Man, IM1 3QA

Tel: Email:

Website:

Date: FOI Reference:

(01624) 642621 [email protected]

www.gov.im/dhsc

30 March 2017 IM80-067i

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request to the Department of Health and Social Care, dated 05 March 2017.

Your request

You asked for:

Question 01: “A copy of all documents including the tender documents issued and correspondence between all the parties with regard to the taxi service from Liverpool airport to Liverpool hospitals.”

Response to your request

We are pleased to be able to provide a response to your request with answers to your questions:

Question 01: A copy of all documents including the tender documents issued and correspondence between all the parties with regard to the taxi service from Liverpool airport to Liverpool hospitals.

Please find the Department’s response to Question 01, a copy of all documents pertaining to the above as listed below:

Appendix 01: Expression of Interest – Patient Transfer Service

Appendix 02: Email from Attorney General’s Office to interested parties

Appendix 03: Invitation to Tender for Patient Transfer Service ref DHSC/2016/030

Appendix 04: Notification of Intent

Appendix 05: Agreement for Patient Transfer Service (unsigned)

Appendix 06: Memorandum of Agreement between DHSC and supplier (unsigned)

Appendix 07: Email from Attorney General’s Office. Attaches Appendix 08

Appendix 08: Invitation to Tender – Patient Transfer Service – UK – Q&As

mailto:[email protected]

http://www.gov.im/dhsc

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FOIA/DHSC/12

Your right to request a review

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to the FOI Co-ordinator, Department of Health & Social Care, Chief Executive’s Officer, Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA. An electronic version and paper version of our complaint form can be found by going to our website www.gov.im/about-the-government/freedom-of-information/how-to-make-a-freedom-of-information-request/ . Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on:

01. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or

02. Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

Further information about Freedom of Information requests can be found on the Information Commissioner’s website at: www.inforights.im/information-centre/freedom-of-information. Should you have any queries concerning this letter, please do not hesitate to contact us.

Yours Sincerely

Freedom of Information Team Department of Health and Social Care

http://www.gov.im/about-the-government/freedom-of-information/how-to-make-a-freedom-of-information-request/

http://www.gov.im/about-the-government/freedom-of-information/how-to-make-a-freedom-of-information-request/

http://www.inforights.im/information-centre/freedom-of-information

Expressions of Interest

Patient Transfer Service

Isle of Man Government invites expressions of interest from suitably experienced and competent organisations who are interested in providing a Patient Transfer service for Isle of Man patients who arrive in the North West to attend hospital appointments. Predominately, patients will arrive at the Liverpool John Lennon Airport for transfer to Hospitals within the Merseyside area and a small other number of hospitals within the North West. It is advised that the Contractor be in a position to provide a personal service in appreciation of vulnerable patients who are attending hospital appointments and will be required to assist passengers with their luggage and with getting in and out of the vehicle and in and out of the hospital ward/clinic or accommodation. Wherever possible and practical, passengers travelling to or from the same destination area should be carried in the same vehicle. The Contractor is required to wait for passengers disembarking from separate flights/ferries when instructed to do so by the Department. The Contractor will be required to accommodate multiple occupancy passenger pickups on a regular basis with up to a maximum number of 14 persons per vehicle. The Contractor will be required to provide a service 24 hours per day, 365 days per year (with the exception of Christmas Day). The service will generally run between the hours of 06.00 and 21.00. To register your interest in this enquiry, please write to Will McCann, Procurement Services, Attorney General Chambers, 3rd Floor, St Mary’s Court, Hill Street, Douglas, Isle of Man, IM1 1EU or via e-mail to [email protected] Expressions of interest must be received by noon on Wednesday 7th September 2016 2016


To: Will McCann, Procurement Services, Attorney General’s Chambers, 3rd Floor, St Mary’s Court, Hill Street, Douglas, Isle of Man, IM1 1EU Form of Acknowledgement 1. Please accept this letter as our Expression of Interest to participate in Patient

Transfer Service DHSC/2016/030

2. This letter confirms that in consideration for the Attorney General’s Chambers including us within the tender process:

a. We understand and unreservedly agree that in order to ensure total fairness the tender

process must remain confidential until concluded.

b. We understand and unreservedly agree to keep all information and details relating to this tender, together with any associated documentation strictly confidential and we will not disclose the details of the tender or our proposed tender response with any other party.

c. We unreservedly agree to direct all correspondence in relation to this process to Procurement Services (Attorney General’s Chambers, 3rd Floor, St Mary’s Court, Hill Street, Douglas, Isle of Man, IM1 1EU) only unless directed to do otherwise by an Officer of Procurement Services. Furthermore we unreservedly agree that we will not initiate or participate in correspondence with any other Government Officer (other than an Officer of Procurement Services) or any other party in relation to this process until the contract has been awarded and/or our involvement in the process ends.

d. We accept that the Attorney General’s Chambers may disclose to the professional advisors of the Attorney General’s Chambers and to persons directly involved in the evaluation submission - details of information provided by all parties interested in bidding for this tender to other parties directly involved in the evaluation of tender submissions. This information may be provided either before or after contract award; and

e. We acknowledge and accept that the Attorney General’s Chambers operate a publication scheme and may disclose by publication on the Government website or by other means, following contract award - details of:

(i) The names of all tenderers who returned completed tenders. These names will be listed and/or published in alphabetical order;

(ii) The name of the winning tenderer (i.e. the name of the tenderer to whom the contract has been or is to be awarded); and

(iii) The scoring spread across the tenders and not attributed to any individual tenderer.

f. We are in receipt of a copy of the tender appeals procedure (attached below) and that we understand and unreservedly agree to be bound by this procedure.

We understand that the Attorney General’s Chambers is committed to meeting their legal responsibilities under the Freedom of Information 2015 (the Act). Accordingly, all information submitted during this process may need to be disclosed by the Government in response to a request under the Act. We acknowledge that even where we have indicated that information is commercially sensitive, the Attorney General’s Chambers might be required to disclose it

under the Act if a request is received. We further acknowledge that in providing material marked ‘confidential’ or equivalent during this process will not be taken to mean that the Attorney General’s Chambers accepts any duty of confidence by virtue of that marking. We

accept that if a request is received the Attorney General’s Chambers may also be required

to disclose details of unsuccessful tenders. Signature: ___________________________________________________ Name: ___________________________________________________ For and on behalf of ___________________________________________________ Date: ___________________________________________________

Tender Appeals Procedure This document sets out the process a tenderer must follow to appeal against a decision or an action of Procurement Services during a tender. Grounds for Appeal An appeal can be lodged if the tenderer can clearly and unequivocally demonstrate that they have been harmed during the tender exercise in one or more of the following ways:

Equity – they have not been dealt with in an equal manner when in comparison with the other tenderers.

Fairness – they have not been treated fairly when in comparison with the other tenderers.

Reasonableness – those undertaking the tender on behalf of the Government have acted unreasonably. When to Appeal There are two specific points in the tender exercise, when it would be appropriate for a tenderer to lodge an appeal, these are:

Short Listing – if following the evaluation of all pre-qualification questionnaires the tenderer is informed that they have not been short listed and will therefore not be invited to submit a tender.

Tender Award – if following the evaluation of all tenders the tenderer is informed that they have not been identified as a preferred supplier. How to Appeal Appeals must be submitted in writing to: The Head of Procurement, Attorney General’s Chambers, 3rd Floor, St. Mary’s Court, Hill Street, Douglas, IM1 1EU. The letter of appeal must be received before the end of the TEN day standstill period that follows the outcome of the evaluation process. The appeal letter will be shared with the relevant department leading the tender exercise unless

you specifically request otherwise.

The Appeal Process The Head of Procurement will acknowledge receipt of the appeal formally in writing. The appeal will then be considered by the Director of the Government’s Audit Advisory Division. In the event that the Director of the Audit Advisory Division is either unavailable or if they declare a conflict of interest in the matter, the appeal will be considered by Treasury’s Financial Controller. The appellant will normally be informed by the Attorney General’s Chambers of the outcome of the appeal in writing no later than ten working days after the receipt of the appeal. The appellant will only be informed of the appeal outcome and will not be provided with an explanation of the reasoning for the decision. If the tenderer is not satisfied with the outcome of the appeal they should seek independent legal advice for formal appeal through the Isle of Man Courts. Neil Davidson, Head of Procurement, Attorney General’s Chambers - Issued January 2016

1

From: McCann, William (AGC)Sent: 29 September 2016 11:20To: McCann, William (AGC)Subject: Invitation to Tender: UK Patient Transfer ServiceAttachments: ITT.docx; Enclosure 1 Notification of Intent.docx; Enclosure 2 Draft Agreement.doc;

Enclosure 2a DPA Memorandum of Agreement.doc; Standard PQQ.pdf

Importance: High

Categories: Egress Switch: Unencrypted

Good Morning, Further to your organisations expression of interest in the above titled tender, I’m pleased to advise that this email contains the documentation that comprises the Invitation to Tender pack for your completion. In order of attachment, please find enclosed the following documents:

Invitation to Tender (ITT) Enclosure 1 Notification of Intent Enclosure 2 Draft Agreement Enclosure 2a DPA Memorandum of Agreement Standard PQQ

Should any of the documentation be missing please inform me immediately. Only the documents highlighted in bold require completion as part of this process; the non-bolded documents are for information. Key Information: Clarification Questions - Should you wish to seek further information or clarification regarding any element of the documentation provided, submit your request as indicated within section 2.5 of the ITT. Please note that requests will not be accepted after noon on Thursday 13th October 2016. Closing Date for return of Submission – Should you wish to respond to this ITT, your completed response must be returned by noon Friday 28th October 2016 in accordance with section 2.7 & 2.8 of the ITT. Best regards Will McCann Senior Procurement Officer Procurement Services, Attorney General’s Chambers, 3rd Floor, St Mary’s Court, Hill Street, Douglas, Isle of Man, IM1 1EU Tel: 01624 686544 Email: [email protected] Website: http://www.gov.im/procurement

Appendix 02

Commercial in Confidence

Reference: DHSC/2016/030 Date: September 2016 Page 1 of 32

Invitation to Tender for

Patient Transfer Service

DHSC/2016/030

COMMERCIAL IN CONFIDENCE

©2016 The Attorney General’s Chambers (an Office of the Isle of Man Government)

The copyright to these documents belongs to

The Attorney General’s Chambers (an Office of the Isle of Man Government) and they may not be copied, reproduced, transmitted

or stored on any electronic device or medium in any form in part or whole without the written permission of

The Attorney General’s Chambers

Appendix 03



Table of Contents

It is the responsibility of the Tenderer to ensure that they are in receipt of all information detailed within this table of contents. Should a Tenderer find that this is not the case, they should contact Procurement Services immediately, via the contact details outlined in section 2.3 of this ITT.

Documents Comprising This Tender

Section 1 – General Instructions to Tenderers

Section 2 – Specific Instructions to Tenderers

Section 3 – Detail of the Requirement

Section 4 – Tender Response:

Document 1 – Form of Tender

Document 2 – Tender Evaluation Criteria

Document 3 – Certificate of Non-Collusion

Document 4 – Financial Regulations Declaration

Document 5 – Schedule of Confidential Information

Enclosures Enclosure 1 – Notification of Intent Enclosure 2 – Form of Agreement

Appendix 03



Section 1- General Instructions to Tenderers 1.1 Procurement Specification Conventions (Information)

Within this ITT the following convention is used to differentiate between requirements which are mandatory, desirable and those for information. Mandatory items are indicated by (Mandatory) These requirements must be met, any Tender

Response not meeting these requirements will be penalised in the evaluation procedure.

Desirable items are indicated by (Desirable) These requirements are considered important

but are not essential in order to meet the needs of the Department. The ability of Tenderers to meet the desirable requirements will be considered during the tender evaluation.

Areas which are marked as 'Information' are provided to assist the Tenderer in the preparation of their Tender Response and will not form part of the evaluation. 1.2 Definitions (Information)

This ITT has been prepared to define the Department’s requirements and the following phrases shall have the following meanings: 'the Agreement' Shall mean the contract that shall be entered into between the Department and the Contractor for the delivery of the Services which shall be in the form set out in Form of Agreement at Enclosure 2. 'Alternative Tenders' Shall mean a Tender Response submitted in addition to a full Tender Response (where the full Tender Response is submitted in accordance with the requirements of this ITT) and which sets out proposals for the modification of the Specification (in whole or in part). 'Closing Date' Shall mean the date set out as the Due Date/time for submission of Tender Response in Section 2.7 of this ITT. 'Contractor' Shall mean the body who chosen by the Department as the successful Tenderer (if any) and who enters into the Agreement with the Department. ‘the Department’ Shall mean the Department of Health and Social Care (a Department of the Government). 'Form of Tender' Shall mean the document contained at Section 4 of this ITT. ‘the Government’ Shall mean all or any of the Departments and/or Statutory Boards and other bodies (whether the Departments and/or Statutory Boards and other bodies are acting jointly or separately) which collectively form the Isle of Man Government. ‘The Attorney General’s Chambers’ Shall mean The Attorney General’s Chambers, an Office of the Government.

Appendix 03



‘Intellectual Property Rights’ Shall mean patents, trademarks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, know-how, trade or business names and other similar rights or obligations whether registerable or not in any country (including but not limited to the British Isles). ‘ITT’ Shall mean this Invitation to Tender document to include all sections and enclosures hereto.

'Notification of Intent' Shall mean the Notification of Intent which shall be in the form set out at Enclosure 1. ‘Procurement Officer’ Shall mean the person named in Section 2.3 of this ITT or such other person as is nominated in writing by the person named in Section 2.3 of this ITT. ‘Procurement Services’ Shall mean the Procurement Services section of The Attorney General’s Chambers. 'Qualified Tenders' Shall mean a Tender Response whereby the Tenderer is seeking to modify the design, Specification or conditions of contract and which is not an Alternative Tender. ‘Requirement’ Shall mean the Department’s requirement for the Services as set out in Section 3 of this ITT. ‘Services’ Shall mean the provision of those goods and/or services as are set out in the Specification. 'Specification' Shall mean the specification included as Enclosure 3. ‘Tenderer’ Shall mean a body who submits a Tender Response or who could reasonably be expected to submit a Tender Response. 'Tender Period' Shall mean the period from the date of issue of this ITT until the Closing Date. 'Tender Price’ Shall mean the fixed price quoted by the Tenderer in their Tender Response for the fully inclusive provision by them of the Services and the defined hourly rate for additional services/goods (if any). 'Tender Response' Shall mean a tender submitted by a Tenderer in response to this ITT. ‘The Treasury’ Shall mean the Treasury, a Department of the Government. 'Working Days' Shall mean Monday to Friday in each week but excluding bank holidays recognised in the Isle of Man.

Appendix 03



1.3 Procurement Process (Mandatory)

The procurement process is to be run by Procurement Services for and on behalf of the Department. Procurement Services and the Department will be involved in the selection of the Contractor and the Department will ultimately enter into the Agreement with the Contractor (should a Contractor be chosen). 1.4 Confidentiality (Mandatory)

Tenderers are reminded that until the tender process has been concluded, normally by contract award or cancellation, the ITT and the procurement process are confidential. The information, details and documents provided by Tenderers responding to this ITT will not be published or disclosed by Procurement Services to any other party, other than to the Department and the professional advisors of both The Attorney General’s Chambers and the Department whilst the process is still ongoing. Once the process is concluded the provision of instruction 1.5 below will apply. If The Attorney General’s Chambers has reasonable grounds for suspecting that collusion has occurred between Tenderers, then those Tenderers shall be excluded from the remainder of the procurement process and possibly future tenders. Tenderers must complete and return with their Tender Response the Certificate of Non-Collusion (included as Document 3 of Section 4 of this ITT). 1.5 Freedom of Information (Mandatory)

Tenderers are reminded that the Government is committed to meeting their legal responsibilities under the Freedom of Information Act 2015 (the Act). Accordingly, all information submitted in responding to this ITT may need to be disclosed by the Government in response to a request under the Act. We may also decide to include certain information in the publication scheme that we maintain. The scope of the scheme is referred to in the Form of Acknowledgement, a copy of which will have been provided to you. If you consider that any of the information included in your tender is commercially sensitive, please identify it and explain (in broad terms) what harm may result from disclosure if a request is received, and the time period applicable to that sensitivity. If applicable, Tenderers must complete and return with their Tender Response the Schedule of Confidential Information (included as Document 6 of Section 4 of this ITT). You should be aware that, even where you have indicated that information is commercially sensitive, we might be required to disclose it under the Act if a request is received. Please also note that the receipt of any material marked ‘confidential’ or equivalent in response to this ITT should not be taken to mean that the Government accepts any duty of confidence by virtue of that marking. If a request is received, we may also be required to disclose details of unsuccessful tenders. If we receive a request for information that you have supplied to us we will, as far as possible, seek your views about the sensitivity of the information in question. The final decision on the release or withholding of information rests with the authority that holds the information. Your views will inform our decision making but they cannot bind us under the Act and even if you object we may have to release the information requested. 1.6 Authority (Mandatory)

The Department is seeking bona fide and competitive bids for the Services. The supply, of the required Services should be undertaken in full compliance with the standards laid down within this ITT.

Appendix 03



1.7 Tender Documents and Confirmation of Receipt (Mandatory)

Tenderers will receive the complete ITT as listed in the table of contents on page 2 of this ITT. Each Tenderer shall promptly acknowledge receipt of this ITT by completing and returning the Notification of Intent. Should a Tenderer decide that he is unable to submit a Tender Response he shall immediately notify the Procurement Officer. The Tenderer must then return the complete ITT to The Attorney General’s Chambers, including any copies. The Tenderer shall state in writing the reasons for withdrawal. 1.8 Formal Tender Procedure (Mandatory)

The Form of Tender must be fully completed in all respects, otherwise the Tender Response may not be considered. Section 4 of this ITT, titled Tender Response, must be returned on these pages leaving this entire Section intact as the Tender Response. Any alterations shall be evidenced by striking through incorrect details and inserting new ones immediately above the original details and must be initialled. Entries must be in ink, correction fluid must not be used. The envelope containing the Tender Response should be stamped at the Post Office if delivered by post or if delivered by hand to The Attorney General’s Chambers at the address detailed in Section 2.3, ensuring that a member of staff notes the time and date of receipt, as Tender Responses delivered otherwise may not arrive on time. The Tenderer must submit a Tender Response that complies with the ITT. 1.9 Incomplete Tender Responses (Mandatory)

Tender Responses must be complete at the time of submission. It may not be possible to consider a Tender Response if any particulars and/or data requested in the ITT are not provided in full. 1.10 Qualified Tenders (Mandatory)

Tenderers should submit unqualified Tender Responses. Under no circumstances must any amendment be made to the ITT as printed, except when so instructed by Procurement Services. Tenderers wishing to submit a non-compliant Tender Response, by way of qualification of ITT, must do so separately using the format of this ITT as far as is practicable. Only in very exceptional circumstances will Tender Responses qualified in any way be considered. 1.11 Alternative Tender (Mandatory)

The Tenderer may submit an Alternative Tender(s). If the Tenderer wishes to offer an Alternative Tender, this must be in addition to a conforming Tender Response. If a conforming Tender Response is not submitted the Alternative Tender will not be considered. The requirements for an Alternative Tender are as follows: Proposals involving modifications to the Specification in whole or in part should be notified, in confidence, to the Procurement Officer as early as possible during the Tender Period. An Alternative Tender will not be considered unless this prior notification has been given not less than a full five (5) Working Days (Monday-Friday 9.00am-5.00pm) before the Closing Date. Following receipt of this notification the Procurement Officer may, after such consultation with the Department as they may consider necessary, give a preliminary opinion as to the acceptability of the modifications proposed but this opinion will not be binding on the Department. In their own interests Tenderers are advised to provide as much information as possible about the modifications at this stage.

Appendix 03



If the Tenderer does decide to submit an Alternative Tender it must be accompanied by supporting information in sufficient detail to enable its technical acceptability, price and delivery time to be fully assessed.

Any Alternative Tender involving modifications to the Specification will be assessed on its merits and if considered valid may be accepted without recourse to re-tendering. An accepted alternative Specification would become the Specification for the purpose of the Agreement.

A decision to adopt a technically acceptable modified Specification will be governed by the amount of overall benefit (financial and non-financial) which it can reliably be expected to achieve. Matters to be considered in arriving at the overall benefit of the Alternative Tender will include the effect of any deferment in starting date arising from the extra time needed for the preparation of an amended Agreement for signature. If the Tenderer wishes to submit an Alternative tender they must:

Submit together with the conforming Tender Response. Photocopy or reprint the Form of Tender, Pricing Schedule and Notification of Intent for

each Alternative Tender Response submitted.

Clearly reference and include full and detailed particulars of the benefits to the Department of the alternative goods or service.

Submit a full technical specification. State any qualifications or alternatives to the requirements of the ITT.

Note: If the Tenderer offers an alternative, this must be in addition to a conforming Tender Response. If a conforming Tender Response is not submitted the Alternative Response will not be considered 1.12 Prices (Mandatory)

All prices quoted are to be fixed for the duration of the contract. Tender Responses quoting an escalating or variable Tender Price will not be accepted by the Department. The Tender Price shall:

Be net in pounds sterling and include all discounts.

Exclude value added tax (VAT).

Not exceed two decimal places of a £.

Be the full inclusive costs of the goods or service as described.

Tenderers should note that it is their sole responsibility to ensure the arithmetical accuracy of their Tender Response. Once submitted, the Department will not accept any increase to the Tender Price. General directions and descriptions of the goods or service given in the Specification are not necessarily repeated in the Form of Tender and Schedule of Prices. Reference should be made to the Specification for this information and unless otherwise specified, the prices entered into the Schedule of Prices shall relate to the Specification. The Schedule of Prices is to enable Tender Responses to be evaluated on an equal basis. No quantity is guaranteed to the successful Tenderer and this should be taken into account when completing the Schedule of Prices. Unless expressly stated to the contrary, any quantities given in the Pricing Schedule are for information only.

Appendix 03



Tender Responses will be evaluated on an equal basis. Each item in the Schedule of Prices must be fully priced, with insertions for each item. If any item is unpriced (whether by leaving the rate or amount space blank or by entering "included" or otherwise), that item shall be deemed to be priced at "nil”. 1.13 Representations (Mandatory)

Any attempt to involve the Government's staff or representatives in presentations, demonstrations or similar approaches prior to acceptance and without official request may prejudice the final selection. No representation, explanation or statement, made to a Tenderer or anyone else by or on behalf of the Government, as to the meaning of the ITT or otherwise in explanation shall bind the Department in the exercise of its powers and duties under the Agreement. 1.14 Requests for Information/ITT Amendments (Mandatory)

Should any amendments to the ITT as issued to the Tenderers be deemed to be necessary prior to the Closing Date these will be issued by The Attorney General’s Chambers to Tenderers in the form of instructions and will, upon issue, form part of the ITT. Tenderers can only raise questions, requests for additional information, explanation or clarification with Procurement Services via email. Any responses made by Procurement Services to queries by telephone cannot be relied upon. All queries should be addressed to the Procurement Officer at the email address set out at Section 2.3 of this ITT. All questions/requests for clarification must be submitted in accordance with the conditions set out in Section 2.5 of this ITT. Procurement Services will attempt to respond to raised queries within five (5) Working Days. Please be advised that all questions and answers raised in respect of the ITT will be circulated to all Tenderers. 1.15 Proposal Costs (Information)

Neither The Attorney General’s Chambers, Procurement Services, the Department nor any other part of Government or any other organisation assisting the Department with the procurement process, will accept any charges for expenses or losses incurred by the Tenderer as a result of responding to this ITT. 1.16 Validity of Proposal (Mandatory)

It is a mandatory requirement that the Tenderer's Tender Response must be left open for acceptance or non-acceptance, for a period of one hundred and twenty (120) days from the Closing Date. 1.17 Health & Safety (Mandatory)

Tenderers shall make due allowance in their Tender Response for the safety, health and welfare of their staff, and those of their sub-contractors (where sub-contracting is permitted), and members of the Government and any visitors to Government premises. The Contractor will be required to fully comply with all health and safety requirements to include the Health and Safety at Work Act (1974), the Management of Health and Safety at Work Regulations (1992) and the Control of Substances Hazardous to Health Regulations 2002, Industry Best Practice and all/any other policies and/or regulations notified by the Department from time to time.

Appendix 03



1.18 Insurances (Mandatory)

The Agreement must provide for insurance cover against damage to the Government's property or that of any other person lawfully on the Government's premises and personal injury/death to any person. The minimum level of insurance required is set out in Section 3.3 of this ITT. 1.19 Working within the Government (Mandatory)

The Government operates a no smoking policy. The Contractor must make their staff and their sub-contractors (where sub-contracting is permitted) aware of this policy and are responsible for their compliance. 1.20 IOM Based Staff (Mandatory)

It should be noted that each person working on the Island must either be an "Isle of Man worker" or will require a work permit. The granting of a work permit cannot be guaranteed by the Government (see http://www.gov.im/categories/working-in-the-isle-of-man/work-permits/ for further information on the legislation). 1.21 Income Tax and National Insurance (Mandatory)

In accordance with Manx law any person, including a company, not resident in the Isle of Man is liable to income tax on Manx source income. Examples of how this liability is dealt with can include the deduction of tax at source from the Manx income, requiring employing contractors to set up a local payroll and requiring the person to complete non-resident tax returns. The liability to tax on Manx source income may be disregarded in certain circumstances: particularly in cases where the Isle of Man has a double taxation agreement with the country of residence of the person receiving the income. Tenderers to which this paragraph may apply should familiarise themselves with the requirements of Manx tax law, and may wish to contact the Income Tax Division of Treasury for further guidance and to obtain certainty regarding their situation. Where a UK-resident individual is sent by their UK employer to work temporarily in the Isle of Man, National Insurance contributions (NIC) should continue to be deducted at UK rates from their Manx source income and remitted to HM Revenue & Customs in the normal way. Where a person resident in the UK is temporarily employed by an Isle of Man employer, including the Isle of Man Government, their income will be liable to NIC at Manx rates. The liability to NIC may be disregarded in certain circumstances where the Isle of Man has a reciprocal agreement with the country of residence of the individual concerned. Tenderers to which this paragraph may apply should familiarise themselves with the requirements of Manx National Insurance law, and may wish to contact the Income Tax Division of Treasury for further guidance and to obtain certainty regarding their situation. 1.22 Notification of Results (Information)

Tenderers will be notified of the results of the procurement process as soon as possible following the Closing Date. No useful purpose is served by contacting Procurement Services, The Attorney General’s Chambers, the Department or any of its representatives, prior to the notification of the result. Following the notification of results there will be a ten (10) working day standstill period prior to the Department entering into the Agreement with the Contractor. Should any Tenderer have any issues concerning the tender result or any aspect of the procurement process they should make representation to the Procurement Officer during the standstill period. At the end of the standstill period, and provided that no valid representation objecting to the tender result or the conduct of this procurement process has been received, the Department will be free to enter into the Agreement with the Contractor.

Appendix 03

http://www.gov.im/categories/working-in-the-isle-of-man/work-permits/



If a representation is received from a Tenderer during the standstill period but The Attorney General’s Chambers has not concluded its investigation of the representation by the end of the standstill period, the Department may delay entering into the Agreement until the investigation is concluded (however, The Attorney General’s Chambers will not accept any representation made after the end of the Standstill Period). 1.23 Reservations (Information)

The Department does not bind itself to accept the lowest or any Tender Response, and reserves the right to accept any Tender Response in whole or in part. The Department reserves the right to use other contractors or vendors in provision of the Services or similar services and the Agreement is not exclusive. 1.24 Disclaimer (Information)

Tenderers are required to inform the Procurement Officer of any apparent ambiguities, errors or omissions in this ITT. The Department and/or Procurement Services (on behalf of The Attorney General’s Chambers) will accept no responsibility for the accuracy of information supplied. The Tenderer shall satisfy himself that any information supplied by the Department or Procurement Services (on behalf of the Department) is accurate and correct. 1.25 Law/Formation of the Agreement (Mandatory)

All of the clauses of the Agreement are considered to be non-negotiable. It is accepted that there may be some areas that require consideration given the nature of the services. Should a Tenderer wish to amend a Clause, they should submit full details (including draft wording) of any proposed amendment as soon as they identify a potential change or at the latest, advise within their Tender Response. The Department will have the right to refuse any request for change. In the event that a Tenderer is selected as a result of this procurement process, the permitted amendments to the Agreement shall be limited to those set out in their Tender Response. The Agreement will be formed when the Provider and the Department both sign the Agreement and the Department has dated the Agreement. The Contractor shall execute the Agreement when requested by the Department (which shall not be sooner than five (5) Working Days after the end of the Standstill Period).

Appendix 03



Section 2- Specific Instructions to Tenderers 2.1 Nature of the Agreement (Information)

The Contractor will be required to transfer Isle of Man National Health Service Passengers (and their authorised companions and visitors) who have arrived in the UK from the Isle of Man, by scheduled air travel or ferry journeys, to and from various hospital destinations within the UK. 2.2 Commencement (Mandatory)

The Agreement will take effect Winter 2016 and will determine subject to earlier termination in accordance with the Terms of the Agreement (“the Term”) three years thereafter. The Department retain the right to extend the provision by a period up to a further 24 months. 2.3 Procurement Officer (Information)

Contact details of The Attorney General’s Chambers, Procurement Officer dealing with this ITT:

Will McCann Telephone: 01624 686544

The Attorney General’s Chambers Procurement Services 3rd Floor, St. Mary’s Court, Hill Street, Douglas, Isle of Man, IM1 1EU

Email: [email protected]

2.4 Split Award (Information)

The Department may consider splitting the award between Tenderers if it considers such a course of action to be advantageous. 2.5 Clarification (Mandatory)

If you have any questions relating to this ITT they are to be submitted by return e-mail to the Procurement Officer set out at Section 2.3 above no later than noon on Thursday 13th October 2016. Following the deadline all questions will be anonymised and then distributed together with the written answer to all Tenderers. 2.6 Tender Response (Mandatory)

Tenderers must ensure that they fully complete and return all the documents contained within Section 4 of this ITT as follows:

Document 1 - Form of Tender

Document 2 - Tender Evaluation Criteria

Document 3 - Certificate of Non-Collusion

Document 4 - Financial Regulations Declaration


2.7 Closing Date and Time for Tenders (Mandatory)

Tender Responses must be delivered in formats stipulated below to the person at the address set out in Section 2.3 of this ITT, to be received not later than noon on Friday 28th October 2016. Tender Responses should be delivered in a plain envelope marked “Tender – DHSC/2016/030”. If Tender Responses are delivered by hand to The Attorney General’s Chambers, please use the post box marked “The Chambers of H.M. Attorney General”. If you require a receipt, please bring your submission to The Attorney General’s Chambers reception on the Third Floor.

Appendix 03




Email submissions will not be considered. Proof of despatch will not be accepted as proof of receipt. Tender Responses received after the Closing Date and time will be considered late and will not be evaluated, they will only be opened for the purpose of identifying the Tenderer in order to facilitate the return of the Tender Response document. 2.8 Format of Tender Response Tender Responses should be returned in the following formats:

One paper copy printed in duplex format, collated and held securely (for example in a ‘combed’ plastic spine

One electronic response copied onto a USB sticks. Documents to be submitted in the following formats:

Document Type Application Format

Standard Text Microsoft Word 2007 or PDF

Spreadsheet Microsoft Excel 2007 or PDF

2.9 Presentations On the evaluation of tenders the Department may shortlist the highest scoring bidders to participate in a presentation/Q&A session. Presentations will be scheduled for early November 2016. Allocated Tender Presentation times will be confirmed, in writing, after the closing date for Tender Responses has passed.

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Section 3 - Detail of the Requirement

3.1 Specification (Provisional)

1 Service Provision

The Contractor will be required to transfer Isle of Man National Health Service Passengers (and their authorised companions and visitors) who have arrived in the UK from the Isle of Man, by scheduled air travel or ferry journeys, to and from various hospital destinations within the UK, as defined in Section 3.2 Site Locations. 2015/16 Activity and weekly example Number of trips 7,179 Number of Passengers 27,035 The below table represents a single week of journey activity in August 2016.

Bank Holiday Monday 5

Tuesday 25

Wednesdays 31

Thursday 30

Friday 32

Saturday 4

Sunday 7

Predominately, the Contractor will be required to transport Passengers by vehicle to and from Hospital destinations via Liverpool John Lennon Airport (LPL) with a less frequent requirement for the Contractor to transport Passengers from Manchester Airport to Hospital destinations (and in some cases return to Manchester). As stated above, the service will predominately focus on transporting Passengers from Liverpool John Lennon Airport. In the event of fully booked Liverpool flights, cancellations, diversions or inclement weather, the Contractor will be required to transport Passengers to Hospital destinations from Manchester Airport (MAN). In addition, the Contractor will be required to pick up and drop off Passengers from the Isle of Man Steam Packet berths in Liverpool, Heysham and Birkenhead. The Contractor will meet Passengers at their arrival location. i.e. one of the airports or ports. Scheduled arrival times will be notified to the Contractor by the Department by email or such other means as the Department may determine. Where the Contractor is asked to collect or drop passengers at airports they should ensure that pick up and drop off is inside the airport terminal. Typically the Contractor will transport Passengers from Port to Hospital Destination and from Hospital Destination to Port only. However given the nature of the services provided, it is necessary for some Passengers to stay in the UK the night before a scheduled appointment. In such instance, the Contractor will be required to pick up the Passenger from the relevant airport or port and transfer to the hotel destination. Please Note: Any further journey from the hotel onwards will be the responsibility of the Passenger to pay and such instances will not be reimbursed by the Department. No other variation of journey will be accepted or charged to the Department. The Department will not permit the Contractor to undertake the transfer of Passengers from Hotels, Airports, Ports or Hospitals to or from any other destination such as the city centre before or after an appointment. Should the Contractor wish to provide this service they may do but must charge the Passenger as a normal fare and not include it on the schedule of payments. Escorts are funded just to support patients in

Appendix 03



attending their appointments. Escorts must not disembark at different locations from the patient. Any instances where this happens must be reported to the Department by the Contractor. Wherever possible and practical with due regard to patients individual appointment times, Passengers travelling to or from the same destination area should be carried in the same vehicle. The Contractor is required to wait for Passengers disembarking from separate flights/ferries when instructed to do so by the Department. The Contractor will be required to accommodate multiple occupancy Passenger pickups on a regular basis. The Contractor must have a vehicle/s which can accommodate in excess of 14 Passengers. On occasion, the Department will specify a separate car is required or a particular type of vehicle such a saloon for those patients who cannot get into a higher vehicle. In cognisance with the point above, the Contractor will be required to collect Passengers returning to the Isle of Man from one of the hospital destinations in the UK or as notified by the Department and transport them to the airport or port in sufficient time to catch their flight or sailing. The Contractor will be required to provide a personal service in appreciation of vulnerable Passengers who utilise this service and are attending hospital appointments. This includes being respectfully courteous, sympathetic and understanding. The Contractor will be required to offer assistance to passengers with their luggage when embarking/disembarking a vehicle and assistance with such on arrival/departure from hospital ward/clinic or accommodation. For clarity, the Contractor will be required in some instances to go to specific Hospital Wards and collect passengers. The Contractor will be required to offer assistance and aid to Passengers when entering any vehicles which may have steps and lifting or assistance equipment. The Contractor will be required to provide the services 24 hours per day, 365 days per year (with the exception of Christmas Day) although the services will usually be required between the hours of 06.00 and 21.00. In the event of flight delay or cancellation, the Contractor will be required to wait or schedule the pickup in line with arrival of Passengers at no extra cost to the Department. The Department is aware that from time to time there is a requirement for the Contractor to provide work outside the scope of the contract. (e.g. passenger has left a bag inside the vehicle). This provision of activity is separate from the contract and therefore the successful Contractor will be required to submit a detailed weekly activity invoice for such services to the contract administrator. All additional activities must be pre-authorised by the Contract Administration team. 2 Vehicles In addition to their regular fleet of vehicles, the Contractor must possess a fleet of vehicles, capable of safely accommodating Passengers in wheelchairs/electric wheelchairs or those with limited mobility. The drivers of such vehicles should be competent in securing and transporting such Passengers, and be able to demonstrate competence through attending relevant courses.. The Department will notify the Contractor with any special requirements for individual Passengers. The Contractor must ensure that all vehicles used for the services are insured, in a well presented condition, regularly serviced, well maintained, clean and all vehicles must be “no smoking”. The Contractor must ensure that all drivers attending the hospital are courteous and well presented. The Contractor will provide their drivers with corporate work wear that identifies the service they are providing.

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The Department require the contractor to allocate a regular and consistent pool of drivers to provide the service. Historically evidence has proven that a familiar range of drivers supports this personal service and therefore increases passenger confidence in the provision of the service. The Contractor is responsible for all Car Parking Charges other than the Parking Permit associated with the provision of this service. The Contractor will be responsible for provision of car seats for children in accordance with UK legislation. Patient Transfers will provide notice of the requirements for a car seat 24 hours before the child is due to be collected from the port or hospital. The only exception is for unexpected journeys, where the carrier is given less than 24 hours’ notice. In this case in a licensed taxi or licensed private hire car that has a fixed partition separating the front and rear seats, the child may travel unrestrained in the rear. This only applies on an unexpected journey and it is the only exception for children under 3 years. It was introduced for practical rather than safety reasons. It is the driver's legal responsibility to ensure that the child is correctly restrained. 3 Legislation The Contractor must have vehicles registered fit for purpose by the relevant local authority or council who have responsibility for road transport licensing. The Contractor must ensure staff engaged in providing the Project Services who become disqualified from driving or are unfit to do so must refrain from any driving work associated with this contract. The Contractor must ensure that its staff who are engaged in providing the Project Services keep confidential all information involving Passengers. The Contractor must have enhanced CRB checks for all staff associated with the Project Services. The Department may request Disclosure and Barring information from all staff who will be undertaking the Project Services. 4 Service Review To adhere to its commitment to Quality Assurance, the Department will undertake Quality Assurance Satisfaction Programmes, which will include the views and comments made by the Passengers using the Passenger Transfer Service. The Department will undertake frequent Activity report surveys to ensure compliance with the specification. The Department will undertake unannounced and unscheduled appointments to assess vehicles involved in the provision of service and to ensure the whole service is being provided to agreed specification standard. 5 Service Administration Activity Reports submitted by the Contractor must be forwarded weekly to: Patient Transfers, Department of Health and Social Care, Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA All Activity Reports must include or have attached to them, a list of the following information: All Journeys undertaken during the week; The starting point for the Journey; Specific “Drop off” or “Pick up” points and the final destination;

Appendix 03



Names of the passengers carried on each journey; Department Booking Reference No; (Detail must include the number of passengers per

journey to establish activity)

Date of the Journey. If Activity Reports do not include these details payment may be delayed. Other than the provision of the Parking Permit no further prices, charges, expenses or costs will be made against the Department outside the fixed pricing costs submitted by the Contractor (e.g. waiting time, parking, toll charges and cancellations). The Contractor will be required to attend and participate in service review meetings as requested by the Department. It is envisaged that the service review will take place at least once annually. 3.2 Sites and Locations The list of locations represents the predominant locations pursuant to this service. The list is not exhaustive. Airport and ferry locations

Liverpool John Lennon Airport (LPL)

Manchester Airport (MAN)

The Isle of Man Steam Packet Company Landing Birth at Heysham

The Isle of Man Steam Packet Company Landing Birth at Liverpool Pierhead

The Isle of Man Steam Packet Company Landing Birth at Birkenhead

Hospital Destinations

Royal Liverpool University Hospital

Aintree Hospital

Alder Hey Children’s NHS Foundation Trust

Broadgreen Hospital

The Walton Centre for Neurology & Neurosurgery

Whiston Hospital (St Helen’s and Knowlsey)

Clatterbridge Centre for Oncology

Wrightington, Wigan and Leigh Hospitals

Southport General Hospital

Countess of Chester

Warrington and Halton Hospital

Arrowe Park Hospital

The Robert Jones and Agnes Hunt Orthopaedic and District Hospital NHS Trust

Liverpool Heart and Chest Hospital NHS Trust

Liverpool Women’s Hospital

Royal Albert Edward Infirmary (Wigan Infirmary)

3.3 Insurance Levels (Mandatory)

The Contractor shall at all times during the Term of the Agreement, and while the Contractor is liable or potentially liable to the Department under this Agreement, hold as a minimum:

(a) employers liability insurance of no less an amount than the sum of ten million pounds sterling (£10,000,000); and

(b) public and products liability insurance (as a stand-alone policy or part of a Medical Malpractice cover, if appropriate) of no less an amount that the sum of ten million pounds sterling (£10,000,000).

Appendix 03



The cover for such insurance policy shall be no less extensive than for the existing policy of insurance effected by the Contractor (a copy of which policy schedule has been provided to Procurement Services). The Contractor shall, whenever demanded by the Department from time to time, supply the Department with adequate evidence that it is maintaining such insurance cover. Abuse Exclusion Please Note: Regardless of the outcome of the scoring evaluation, the Department will categorically refuse to enter into a contract agreement with any organisation whose Insurance Policy includes an Abuse Exclusion clause. For the benefit of this tender: Abuse shall mean

(a) acts of hurting or injuring mentally or physically by maltreatment or ill-use or (b) acts of forcing sexual activity rape or molestation or (c) repeated or continuing contemptuous coarse or insulting words or behaviours

3.3 Sub-contracting (Mandatory)

The Department will consider the use of sub-contracting for the whole or part of the Contractors obligations under the Agreement. It should be noted that, notwithstanding the appointment of any sub-contractor, the Contractor shall remain liable to the Department for all acts or omissions of or loss directly or indirectly caused by any sub-contractor as if such acts or omissions were those of or such loss was caused by the Contractor. Tenderers are required to notify the extent of the work to be sub-contracted and the name and address of their sub-contractor in their Form of Tender and/or their Tender Response.

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Section 4 - Tender Response The six documents that comprise Section 4 are to be completed and returned for the purposes of the tender evaluation and award in accordance with the instructions set out in Section 2 of the ITT. No other sections or enclosures are to be returned unless expressly stipulated in Section 2. Tenderers must ensure that they fully complete and return all the documents contained within Section 4 of this ITT as follows:

Document 1 - Form of Tender

Document 2 - Tender Evaluation Criteria

Document 3 - Certificate of Non-Collusion

Document 4 - Financial Regulations Declaration


Appendix 03



Document 1 – Form of Tender

To: The Head of Procurement, Procurement Services, The Attorney General’s Chambers, 3rd Floor, St. Mary’s Court, Hill Street, Douglas, Isle of Man. IM1 1EU I/We the undersigned of:

agree to be bound by the terms of this ITT and having fully understood all parts thereof (to include the Specification and Instructions to Tenderers and the Agreement), do hereby offer to supply the whole of the Services for the sum of:

(price in words)

£ (price in numerals excluding VAT)

This Tender Response remains open for acceptance for 120 days from the Closing Date.

Dated this day of 2016

Signature:

Name:

Position in the Company:

Address:

Telephone No:

Email address:

Note: The Department does not bind itself to accept the lowest or any Tender Response and reserves the right to accept part, only of any one or more Tender Response. Tender Responses are to be forwarded in a package so as to reach The Attorney General’s Chambers at the Delivery Address no later than the date and time specified.

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(Intentionally Blank)

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Document 2 - Tender Evaluation Criteria This Tender Response will be evaluated by an approach that takes into account both the price and quality in order to determine the Most Economically Advantageous Tender. The weighting split used to evaluate Tender Responses will be:

Price 50% (40% award to Section 1, 10% award to competitiveness of Section 2) Quality 50%

In order to ensure that your Tender Response has the best chance of success please answer all of the questions set out in the Quality aspect of this ITT. PRICING Tenderers will be assessed on the competitiveness of the rates they submit within their response. 40% of the Price award will be allocated to rates submitted in relation to Section 1 – Scenarios and (10%) on the competitiveness of rates in Section 2 - Standard Journeys. Section 1 - Scenarios The following scenario journeys are based upon recent instances. It is also designed to emphasise the requirement and ability of a Tenderer to provide multiple occupancy/diverse vehicle fleet.

Pick-up Destination Number of Passengers

Journey Cost (£)

Liverpool Liverpool Women’s > Royal Liverpool 7

Liverpool St Helens > Whiston 3

Liverpool Alder Hey 7

Liverpool Whiston > Aintree 6

Liverpool Aintree 15

Liverpool Clatterbridge > Arrowe Park 6

Liverpool Royal Liverpool 10

Liverpool Alder Hey 11

Liverpool Liverpool City Centre Hotel 2

Liverpool Broadgreen 9

Liverpool Alder Hey > Broadgreen 6

Liverpool Royal Liverpool > Broadgreen 4

Manchester Airport Alder Hey 5

Alder Hey Manchester 3

Liverpool Royal Albert Edward Infirmary (Wigan

Infirmary)

2

Liverpool Walton 3

Liverpool Clatterbridge 7

Liverpool Liverpool University Dental Hospital 1

Alder Hey >

Broadgreen

Liverpool Airport 6

Liverpool Women’s Royal Liverpool 10

Broadgreen Liverpool 6

Manchester Airport Broadgreen 6

Manchester Airport Royal Liverpool 11

Manchester Airport Clatterbridge 7

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Section 2 – Standard Journeys Tenderers must state rates for undertaking standard journeys. In context, rate to assume for the transfer of up to 4 passengers in a standard vehicle. The rate to be stipulated should be based upon collection from the four bolded locations to the stated destination. Unless specifically stated, the Department will assume that the cost will be the same in reverse i.e. Hospital to Airport.

Destination Liverpool JL

£

Manchester

Airport £

Liverpool Pier

£

Heysham

£

Aintree Hospital/ The Walton

Centre for Neurology &

Neurosurgery

Alder Hey Children’s NHS

Foundation Trust / Clatterbridge

Centre for Oncology

Arrowe Park Hospital

Broadgreen Hospital / Liverpool

Heart and Chest Hospital NHS

Trust

Countess of Chester

Liverpool Women’s Hospital

Royal Liverpool University

Hospital

The Robert Jones and Agnes

Hunt Orthopaedic and District

Hospital NHS Trust

Royal Albert Edward Infirmary

(Wigan Infirmary)

Southport General Hospital

Warrington and Halton Hospital

Whiston Hospital (St Helen’s

and Knowlsey)

Wrightington, Wigan and Leigh

Hospital

Wythenshawe Hospital

The Christie, Manchester

Appendix 03



Tenders may propose any additional service rates below:

Item Additional Services Rates £

1

2

3

Appendix 03



Quality Part 1 In support of the quality element of your submission, tenderers must provide a full written response to each of the questions outlined below. The text boxes will automatically expand if completing electronically. Weightings Each of the Questions is allocated a percentage weighting that contributes to the 50% quality element of the tender evaluation. As a guide, the percentage weighting additionally represents the significance and importance of the question to the service provision/evaluation team. Weightings are outlined in each question of this section. There is no suggested word count; tenderers are asked to respond to each requirement in a clear, detailed and descriptive manner to also ensure that there is no likelihood for misinterpretation. Scoring In order to ensure the evaluation of quality is applied consistently, requirements are marked using a scoring system of zero (0) to five (5). Score Criteria for awarding Score

0 Completely fails to meet required standard or does not provide a proposal.

1 Proposal significantly fails to meet the standards required, contains significant shortcomings and/or is inconsistent with other proposals

2 Proposal falls short of achieving expected standard in a number of identifiable respects.

3 Proposal meets the required standard in most material respects, but is lacking or inconsistent in others.

4 Proposal meets the required standard in all material respects.

5 Proposal meets the required standard in all material respects and exceeds some or all of the major requirements.

Minimum Score/Pass Fail A number of requirements have been identified that are fundamental to the delivery of the Service, these requirements are annotated “Minimum score applies”. Only Tender Responses that score a minimum of three (3) will be considered for contract award. A number of requirements have been identified as Pass/Fail and are deemed to be a core requirement. Tenderers responding ‘No’ to any of these questions will not be considered for contract award. Tenderers must provide a response to each of the question requirements in a clear decisive manner, to ensure that there is no likelihood for misinterpretation.

Service Requirements

Req.

No.

Minimum Score or Pass/Fail

Question

Scope

3.1 Minimum Score

applies

Describe the experience that your company has of undertaking specific contract work, particularly contract work that demonstrates experience in patient related services.

Extend experience to confirm your ability to meet the daily activity needs of this service.

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3.2 Minimum score

applies

In providing a patient orientated service, please describe key service values your organisation will uphold to ensure the provision of a consistent and successful service.

3.3 Minimum Score

applies

Describe capability and experience in coordinating vehicles to undertake “multiple occupancy journeys”. In accordance with the Scenario table in the pricing section describe

methodology/experience in meeting this requirement on a daily basis.

3.4 Advise the extent (number and vehicle specifics) of the vehicle fleet your organisation has

to support the safe accommodation of passengers in wheelchairs or those with limited mobility.

3.5 Minimum

score applies

Advise your organisations adherence to ensuring sufficient car seats can be made

available when given 24 hours’ notice by the Department as to the requirements of a travelling passenger.

Provide a statement regarding general provisions for restraining children safely and correctly for journeys as part of this contract.

3.6 Please advise levels of driver competence, including any specific certification that supports the secure transportation of passengers in wheelchairs or those with limited mobility.

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3.7 Pass/Fail applies

Describe experience and ability to assist patients with limited mobility, when embarking/disembarking a vehicle.

In specific relation to this tendered service describe ability to ensure patients are

transported directly to a specific Hospital ward/clinic as required.

3.8 Describe how your organisation undertakes CRB checks for staff associated with vulnerable individuals and how this is would be managed throughout the provision of this service.

3.9 Describe how your organisation currently produces and provides contract management information and how your organisation will provide this to the Department consistently.

3.10 Detail any value added benefits (monetary and non-monetary)/service enhancements your organisation can offer to form part of the final contract.

Part 2 - Due Diligence Assessment Tenderers must also submit the following Due Diligence documentation:

Your organisations latest two years audited Accounts At least two references that will support your ability to undertake the scope of this

requirement

Copies of your Insurance Cover Isle of Man Government Standard Pre-Qualification Document

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Document 3 - Certificate of Non-Collusion To: The Attorney General’s Chambers, an Office of the Isle of Man Government Sirs, Certificate of Non-Collusion The essence of tendering is that the Department shall receive bona fide competitive Tender Responses from all Tenderers. In recognition of this principle, I/We certify that this is a bona fide Tender Response intended to be competitive, and that I/We have not fixed or adjusted the amount of this Tender Response by or under or in accordance with any agreement or arrangement with any other person. In this certificate the word "person” includes any person and any body or association corporate or un-incorporate and "any agreement or arrangement" includes any such transaction, formal or informal and whether legally binding or not.

Signature:

Name:

For and on behalf of:

Address:

Date:

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Appendix 03



Document 4 - Financial Regulations Declaration To: Treasury, a Department of the Isle of Man Government Sirs, Financial Regulations Declaration I/We confirm that all appropriate Returns have been made to Treasury by the due date, that there are no outstanding statutory payments, such as I.T.I.P., Company Tax, National Insurance Contributions or V.A.T., currently due to the Government and that I/we are in no other way indebted to the Government. I/We fully understand that it is my/our responsibility to ensure that my/our obligations in respect of the submission of returns and/or payments are in order. I/We hereby authorise Procurement Services to seek and obtain any necessary information required to verify that all appropriate Returns have been made and that there are no outstanding statutory payments or other debts currently due by me/us to the Government.

Signature:

Name:


Address:

Date:

Isle of Man Company Registration No:

Isle of Man Income Tax Company Ref:

Isle of Man N.I. Employer's Registration No:

V.A.T. Registration No:

Appendix 03




Appendix 03



Document 5 – Schedule of Confidential Information To: The Attorney General’s Chambers, an Office of the Isle of Man Government Sirs, Schedule of Confidential Information If you consider that any of the information included in your Tender Response is commercially sensitive you must complete and return this schedule with your Tender Response

In completing this schedule you recognise that the Government is committed to meeting their legal

responsibilities under the Freedom of Information Act 2015 (the Act) and as such you are aware

that all information which we receive may be subject to a Request for Information under the Act

will be dealt with accordingly.

You may designate information provided to us as:

‘In confidence’ - in that you consider disclosure of the information concerned to the public

by the Government would constitute a breach of confidence actionable by you or any

other person. Or,

‘Commercially sensitive’ – in that you consider the information concerned is a trade secret

or where you consider disclosure would, or would be likely to, prejudice the commercial

interests of you and/or your organisation.

Where you send the Government information you regard as confidential, you must clearly identify

the confidential element(s) and explain why you consider each element to be of a confidential

nature.

You accept and agree that that our receipt of information marked as confidential, or marked in any

other way, does not imply that we accept any duty of confidence by virtue of that marking nor any

obligation not to disclose that information if required by the Act.

If you wish to mark any information as ‘in confidence’ or ‘commercially sensitive’ you should do so

in the table below. We will take account of your views in dealing with any Request for Information

to which the Act applies.

Page and paragraph number, or other reference

for the element of information you regard as

confidential

Marking - either ‘in confidence’ or

‘commercially sensitive’

Why you consider element of information to be

confidential

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Signature:

Name:


Date:

Appendix 03

To: Will McCann, Procurement Services, The Attorney General’s Chambers, 3rd Floor, St

Mary’s Court, Hill Street, Douglas, Isle of Man. IM1 1EU Notification of Intent We confirm that we are in receipt of your Invitation to Tender for: DHSC/2016/030 – UK Patient Transfer Service and that we have in our possession all of the documents referred to therein. This letter confirms that (tick as appropriate):

a. It is our intention to submit a tender on or before the tender deadline of noon on Friday 28th October 2016

b. We do not intend to submit a tender.

If you do not intend to submit a tender and you would like to explain why, please do so below:

Signature: Name: For and on behalf of Address: Date:

Appendix 04

1 15/03/2017

AGREEMENT FOR PATIENT TRANSFER SERVICE

DATED 2016

PARTIES

(1) The Department of Health and Social Care (a Department of the Isle of Man

Government) of Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA (the

"Department"); and

(2) [●] [(a company registered in [the Isle of Man] with company registration number

[●]) whose registered office is situate at [●] (the "Contractor").

RECITALS

(A) The Department wishes to implement arrangements with the Contractor for them to

provide transport services (more particularly defined below as the "Services").

(B) The Contractor is a provider of transport services.

(C) The Department issued the Invitation to Tender ("ITT") to the Contractor on the [●]

describing its requirements for the Services and the Contractor duly responded to the

Department with a duly completed form of tender, methodology and schedule of

prices [and responded to the further clarification questions raised by the Department

on the [●]] (the "Tender Response").

(D) The Department and the Contractor wish to enter into this Agreement to lay down

the basis upon which the Contractor will provide the Services.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions

The following expressions shall have the meanings set opposite them below and

cognate expressions shall bear corresponding meanings:

"Abuse Exclusion"

means any insurance clause which excludes acts of hurting or injury,

mentally or physically, by maltreatment or ill-use or acts of forcing sexual

activity, rape, molestation or repeated or continuing contemptuous, coarse

or insulting words or behaviour;

"Agreement"

means this agreement and all schedules and appendices hereto;

"Applicable Rate"

means the base rate of interest quoted publicly from time to time by the

Isle of Man Bank plus two percent (2%) which for all purposes under this

2 15/03/2017

Agreement shall be evidenced by a certificate signed by a manager of such

bank whose appointment or designation it shall not be necessary to prove;

"Charges"

means the prices for the Services, based on the Pricing Schedule, as

referred to in Schedule 3 to this Agreement;

"Commercially Sensitive Information"

has the same meaning as is defined or described in the FOIA;

"Confidential Information"

means the Contract Documents (except for this Agreement), all financial,

commercial, technical, operational, organisational, staff, legal,

management and other information, data and know-how relating,

respectively, to the disclosing Party including details of the disclosing

Party's products, assets, networks and data-networks, stakeholders,

customers, suppliers and employees which may be supplied orally or in

writing or in any other form by the disclosing Party and is subject to the

provisions of Clause 14 (TRANSPARENCY) and Clause 15 (FREEDOM OF

INFORMATION);

"Contract Documents"

means this Agreement, the ITT and the Tender Response, the DPA

Agreement, the change management notes and any other documents that

may be agreed between the Parties from time to time;

"Contractor Affiliate"

means:

(i) the Contractor and any entity which, from time to time, is the

Contractor's ultimate holding company or a subsidiary of such

ultimate holding company; and/or

(ii) any entity over which, from time to time, any of the entities defined

in sub-paragraph (i) of this definition either directly or indirectly

exercises management control, even though it may own less than

fifty percent (50%) of the shares and is prevented by law from

owning a greater shareholding;

"Control"

means the power (directly or indirectly) whether by holding of securities,

voting control, contract or otherwise, to appoint or remove a majority of

the directors of a company and includes the power to appoint or remove a

majority of the directors of a company if exercisable through any number

of intermediate bodies corporate prior to its possible exercise over the

company in question;

3 15/03/2017

"Deliverable"

means a deliverable of the Services: the Deliverables of the Services being

identified in Part 1 of Schedule 1 to this Agreement;

"Department Retained Responsibilities"

means the functions and responsibilities (if any) to be retained and

provided by the Department which are described in Part 2 of Schedule 1 to

this Agreement;

"DPA Agreement"

means the data processor contract entitled "Memorandum of Agreement"

entered into between the Department and the Contractor on or around the

date hereof;

"FOIA"

means the Freedom of Information Act 2015;

"Hospital Destinations"

means those hospital destinations set out in Part 3 of Schedule 1 to this

Agreement and/or such other destinations as the Department may notify

to the Contractor in writing from time to time;

"Information"

has the same meaning as is defined or described in the FOIA;

"Intellectual Property Rights"

means any rights subsisting in any patent, petty patent, trade mark,

service mark, design right, registered or unregistered design including any

applications for the foregoing, present and future copyrights, moral rights,

databases, know-how and other trade secret rights, rights of confidence,

trade or business names and other industrial or intellectual property rights

subsisting anywhere in the world;

"ITT"

has the meaning given to it in Recital (C) above;

"Location"

means the location(s) set out at Part 3 of Schedule 1 to this Agreement;

"Parties"

means the Department and the Contractor and "Party" means either one

of them as appropriate;

4 15/03/2017

"Passengers"

means those patients receiving medical treatment at one of the Hospital

Destinations and for whose benefit the Department ensures the provision

of the Services;

"Ports"

means those airports and ferry ports set out in Part 3 of Schedule 1 to this

Agreement and/or such other destinations as the Department may notify

to the Contractor in writing from time to time;

"Pricing Schedule"

means the completed schedule of pricing set out at Appendix 1 to this

Agreement;

"Requests for Information"

means requests for Information received by the Department pursuant to

the FOIA;

"Service Levels"

means the service levels set out at Part 4 of Schedule 1 to this Agreement;

"Services"

means the services, supply of goods, functions and responsibilities to be

provided by the Contractor as set out in the Specification;

"Specification"

means the Specification contained within Schedule 2 to this Agreement;

"Standard Rate"

means the Contractor's standard rate(s) set out in the Pricing Schedule;

"Tender Response"

has the meaning given to it in Recital (C) above;

"Term"

has the meaning given to it in Clause 2 (COMMENCEMENT AND DURATION);

"Working Days"

has the same meaning as is defined or described in the FOIA.

1.2. Interpretation

This Agreement shall be interpreted according to the following provisions, unless

the context requires a different meaning:

5 15/03/2017

(a) The clause headings in this Agreement are for reference purposes only

and shall not be used in the interpretation thereof.

(b) Expressions which denote any reference to one gender shall include the

other and any reference to the singular includes the plural and vice versa.

(c) References to a "person" shall be construed as including references to an

individual, firm, company, corporation, partnership, association,

unincorporated body of persons, trust, a state or any governmental

authority or any other entity whether acting in an individual, financing or

other capacity and to such person's permitted successors.

(d) References to a "business day" shall mean any day which is not a

Saturday or a Sunday or any public holiday or bank holiday recognised in

the Isle of Man.

(e) References to clause(s), schedule(s) or appendix/appendices shall refer to

clauses, schedules or the appendices of and to this Agreement.

(f) All references to this Agreement shall include references to all schedules

and appendices to this Agreement which schedules and appendices shall

form an integral part of this Agreement.

(g) An expression defined in this Agreement shall bear the same meaning in

the appendices.

2. COMMENCEMENT AND DURATION

2.1. Subject to sub-Clause 2.2 and Clause 22 (TERMINATION), this Agreement shall be

effective from and including the [●] day of October 2016 and shall continue until and

including the [●] day of [●] 2019 (the "Term").

2.2. The Department shall have the option, at its sole discretion, to extend the Term by

up to an additional twenty four (24) months, provided that the Department shall

notify the Contractor in writing of its decision to exercise the said option, informing

the Contractor of the period of the extension, at least three (3) months prior to the

expiry of the original period referred to in sub-Clause 2.1.

3. SERVICES

3.1. Throughout the Term, the Contractor shall provide the Services in accordance with

the terms of this Agreement [PROVIDED THAT this Agreement is not intended to

be exclusive].

3.2. The Contractor shall not, and shall procure that no Contractor Affiliate shall, enter or

attempt or purport to enter any arrangement or provide services or deliverables

capable of being ordered under this Agreement to the Department or any

Department or Statutory Board of the Isle of Man Government.

6 15/03/2017

4. SERVICE LEVELS

The Contractor shall provide the Services in accordance with the Service Levels and all other

appropriate qualitative and quantitative service levels of performance as defined in the

Contract Documents.

5. DEPARTMENT'S OBLIGATIONS

5.1. In consideration for the provision by the Contractor of the Services, the Department

shall:

(a) pay the Contractor the Charges in accordance with the terms of this

Agreement; and

(b) be solely responsible for and shall provide (or procure the provision of) all

the Department Retained Responsibilities.

5.2. If the Department fails to provide any of the Department Retained

Responsibilities in the form and at the time agreed between the Parties (a

"Department Failure") and, as a direct result thereof, the provision by the

Contractor of any Services are adversely affected, the Contractor shall not be

held to be in breach of any obligation under this Agreement to the extent that the

Department Failure directly affects the performance of such obligation, on

condition that the Contractor notifies the Department of the nature of the

Department Failure as soon as practicable but, in any event, within ten (10)

business days of the Contractor becoming aware of such a Department Failure.

6. PARTY REPRESENTATIVES

6.1. Throughout the Term, the Parties shall each nominate and maintain a

representative, as the single point of contact between the Parties, to regulate and

control the implementation and performance of the Services under this

Agreement. Such a representative may be changed by the Party appointing him

or her by giving written notice to the other Party. The representatives shall meet

as regularly as may be agreed between the Parties.

6.2. Throughout the Term the Parties shall attend such meetings at such frequency

and location as the Department shall reasonably require.

7. VARIATION

The terms of this Agreement may only be varied by agreement in writing between and

signed by the Parties.

8. CHARGES AND PAYMENT MILESTONES

8.1. The Contractor agrees to charge the Department the Charges for the provision of

the Services.

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8.2. A percentage of the Charges will be payable at the payment milestones as set out

in Schedule 3 to this Agreement ("the Payment Milestones").

8.3. The Charges are exclusive of any VAT or other taxes or duties levied on such

sums and subject to receipt of a valid VAT invoice the Department undertakes to

pay and indemnify the Contractor in respect of any such VAT or other tax or duty

properly chargeable to the Department by the Contractor.

8.4. The Contractor shall ensure that if at any time during the Term of this Agreement

the Contractor or any Contractor Affiliate offers to any other customer or prospective

customer anywhere in the world (in relation to the supply of services and/or

deliverables which are the same as or similar to Services and/or Deliverables that

have been or could be ordered under this Agreement) any price, discount,

warranties, benefits and/or other terms which (assessed on a like for like

comparison, including the nature and volume of the deliverables and services

supplied to the other customer and any agreed service levels) are more favourable to

such other customer or prospective customer than the price, discount, warranties,

benefits or other terms set out in, or otherwise made available to the Department in

connection with this Agreement (or any part of this Agreement, including any

constituent element of the rates or the Charges), the Contractor shall promptly notify

the Department of the more favourable terms and shall offer to amend the terms of

this Agreement so that the Department may also receive Services and/or

Deliverables on the more favourable terms. If the Department accepts such offer to

amend the terms, the terms of this Agreement shall be amended accordingly with

effect from the date when the Department accepts such offer or, if earlier, the date

when the Contractor or any Contractor Affiliate contracts with any other customer on

such more favourable terms.

9. PAYMENT

9.1. Following each Payment Milestone, the Contractor will issue invoices to the

Department and the Department will pay the sums due in accordance with the

provisions of this Agreement.

9.2. All invoices shall be issued by the Contractor to the Department on a weekly basis

during the Term.

9.3. All invoices properly due shall be payable within thirty (30) days of receipt.

9.4. The Contractor may claim interest on any amount overdue at the Applicable Rate

from due date until date of payment, both days inclusive, which interest shall be

equal to the Applicable Rate and calculated on a daily basis.

9.5. Notwithstanding the terms of this Clause 9 (PAYMENT), the Department shall not

be penalised in any way (or be deemed to be in breach of any provisions of this

Agreement) in respect of a delay by the Department in fulfilling a payment

obligation under this Agreement where the Department has reasonable grounds

for disputing the accuracy or validity of any Charges, and provided that it shall

8 15/03/2017

have paid any undisputed part of any Contractor invoice. Any dispute which cannot

be resolved satisfactorily between the Parties shall be resolve in accordance with

Clause 26 (DISPUTE RESOLUTION).

9.6. Notwithstanding the terms of this Clause 9 (PAYMENT), whenever any sum of

money shall be due and payable by the Contractor to the Department, such sum

may at the Department's discretion be deducted from or applied to reduce the

amount of any sum then due, or which at any time afterwards may become due, to

the Contractor from the Department under this Agreement.

9.7. With regard to sub-Clause 9.2 above time shall [not] be of the essence.

10. TRADEMARKS AND TRADE NAMES

10.1. The Contractor may not, without the prior written consent of the Department, use

the names, service marks, trademarks, logos or other corporate identifications of

any Isle of Man Government department, statutory board or other Isle of Man

Government body.

10.2. The Department may not, without the prior written consent of the Contractor, use

the names, service marks, trademarks, logos or other corporate identifications of

the Contractor.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. Except as expressly provided in this Clause 11 (INTELLECTUAL PROPERTY RIGHTS),

Intellectual Property Rights shall remain the property of the Party devising,

creating, first recording or owning the same and nothing in this Agreement shall

be deemed to confer any assignment, right, title or licence of the Intellectual

Property Rights of one Party to the other Party and nothing in this Agreement

shall be deemed to restrict the rights of either Party to own, use, enjoy, licence,

assign or transfer its own Intellectual Property Rights.

11.2. Nothing in this Agreement or the Contract Documents shall prevent the

Department from permitting contractors or other temporary staff engaged by the

Department from using the data, content, software or other material supplied by

the Contractor to the Department pursuant to this Agreement as part of the

engagement of those contractors or other temporary staff.

12. COMPLIANCE

The Parties shall, in the performance of their obligations under the Contract Documents,

comply with all applicable statutes, regulations and orders and, in particular, shall comply

with the requirements of the UK Official Secrets Acts as they are extended and applied to

the Isle of Man by Order in Council, the FOIA and the Data Protection Act 2002 and all

regulations and orders made thereunder and the Isle of Man Government policies on

confidentiality and security and shall obtain and maintain in force all applicable notifications

and licences under such legislation.

9 15/03/2017

13. CONFIDENTIALITY AND NON-DISCLOSURE

13.1. For the purpose of this Clause 13 (CONFIDENTIALITY AND NON-DISCLOSURE)

"receiving party" shall mean each of the Parties receiving the other's

Confidential Information and "disclosing party" shall mean that Party disclosing

its Confidential Information to the other.

13.2. The receiving party may disclose Confidential Information of the disclosing party

only to its officers and employees which for the avoidance of doubt shall include

contractors and temporary staff and then only such officers and employees to

whom such disclosure is reasonably necessary, provided that such officers and

employees agree in writing or through their contracts of employment or of

appointment as the case may be to be bound by the terms and conditions of this

Clause 13 (CONFIDENTIALITY AND NON-DISCLOSURE) prior to such disclosure.

13.3. The receiving party may disclose Confidential Information of the disclosing party

to a subcontractor where such disclosure is reasonably necessary for the

purposes of the Services provided that the subcontractor has first agreed in

writing to be bound by the terms and conditions of this Clause 13

(CONFIDENTIALITY AND NON-DISCLOSURE) (or similar terms and conditions) prior

to such disclosure.

13.4. The receiving party agrees:

(a) not to disclose Confidential Information of the disclosing party to any third

party for any reason or purpose whatsoever without the prior written

consent of the disclosing party, save in accordance with the provisions of

this Clause 13 (CONFIDENTIALITY AND NON-DISCLOSURE);

(b) not to utilise, employ, exploit or in any other manner whatsoever use

Confidential Information of the disclosing party for any purpose

whatsoever other than strictly in relation to this Agreement; and

(c) that the unauthorised or unlawful use or disclosure of Confidential

Information of the disclosing party may cause irreparable loss, harm and

damage to the disclosing party.

13.5. The receiving party agrees to protect the Confidential Information by using at

least the same standard of care used to safeguard its own information of a

confidential nature and by taking all reasonable steps to prevent any

unauthorised disclosure of Confidential Information of the disclosing party.

13.6. The obligations of the receiving party pursuant to this Clause 13

(CONFIDENTIALITY AND NON-DISCLOSURE) shall not apply to any information that

is:

(a) known to or in the possession of the receiving party prior to disclosure

thereof by the disclosing party from another source and which the

disclosing party is otherwise free to disclose;

10 15/03/2017

(b) or becomes publicly known, otherwise than pursuant to a breach of this

Agreement by the receiving party;

(c) acquired or developed independently of the disclosing party by the

receiving party in circumstances that do not amount to a breach of the

provisions of this Agreement;

(d) disclosed by the receiving party to satisfy the order of a court in the Isle

of Man or another country or to comply with provisions of any law or

regulation in force from time to time, provided that in these

circumstances, the receiving party shall advise the disclosing party in

writing prior to such disclosure to enable the disclosing party to take

whatever steps it deems necessary to protect its interest in this regard:

Provided further that the receiving party will disclose only that portion of

the information which it is legally required to disclose and the receiving

party will use its reasonable endeavours to protect the confidentiality of

such information to the widest extent possible in the circumstances; or

(e) disclosed to a third party pursuant to the prior written authorisation from

the disclosing party.

13.7. The Contractor will not include any reference to any of the Services nor to any

connection with the Isle of Man Government in any sales, promotional or other

advertising material without the prior written consent of the Department such

consent to be given or withheld at the absolute discretion of the Department.

13.8. Notwithstanding sub-Clause 13.2, where any part of the Services are being

re-tendered the Department shall be entitled to provide to potential tenderers such

information as is in its reasonable opinion necessary to enable a competitive tender

process to be conducted.

14. TRANSPARENCY

14.1. The Parties acknowledge that, except for any information which is exempt from

disclosure in accordance with the provisions of the FOIA, the content of this

Agreement is not Confidential Information. The Department shall determine whether

any of the content of this Agreement is exempt from disclosure in accordance with

the provisions of the FOIA. The Department may consult with the Contractor to

inform its decision regarding any redactions but shall have the final decision in its

absolute discretion.

14.2. Notwithstanding any other provision of this Agreement, the Contractor hereby gives

its consent for the Department to publish to the general public this Agreement in its

entirety (but with any information which is exempt from disclosure in accordance

with the provisions of the FOIA redacted), including any changes to this Agreement

agreed from time to time.

11 15/03/2017

14.3. The Contractor shall assist and co-operate with the Department to enable the

Department to publish this Agreement.

15. FREEDOM OF INFORMATION

15.1. The Contractor acknowledges that the Department (in whole or in part) is (or may

become during the Term) subject to the requirements of the FOIA. The Contractor

shall:

(a) provide all necessary assistance and cooperation as reasonably requested by

the Department to enable the Department to comply with its obligations

under the FOIA;

(b) transfer to the Department all Requests for Information relating to this

Agreement that it receives as soon as practicable and in any event within two

(2) Working Days of receipt;

(c) provide the Department with a copy of all Information belonging to the

Department requested in the Request For Information which is in its

possession or control in the form that the Department requires within five (5)

Working Days (or such other period as the Department may reasonably

specify) of the Department's request for such Information; and

(d) not respond directly to a Request For Information unless authorised in writing

to do so by the Department.

15.2. The Contractor acknowledges that the Department may be required under the FOIA

to disclose Information (including Commercially Sensitive Information) without

consulting or obtaining consent from the Contractor. The Department shall take

reasonable steps to notify the Contractor of a Request For Information to the extent

that it is permissible and reasonably practical for it to do so but (notwithstanding any

other provision in this Agreement) the Department shall be responsible for

determining in its absolute discretion whether any Commercially Sensitive

Information and/or any other information is exempt from disclosure in accordance

with the FOIA.

16. ASSIGNMENT NOVATION AND SUBCONTRACTORS

16.1. The Contractor may not assign or novate this Agreement or any part of it SAVE that

the Contractor may with the prior written consent of the Department [such consent

not to be unreasonably withheld or delayed] assign the benefit of this Agreement in

its entirety to an assignee first approved by the Department and the Department

may in giving such approval require the provision of such references as may be

reasonably necessary to ensure the assignee's ability to comply with the Contractor's

obligations under this Agreement.

16.2. The Contractor may subcontract the whole or part of its obligations in respect of

the provision of Services to a third party subject to the prior written consent of

the Department, [such consent not to be unreasonably withheld].

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16.3. The Contractor shall procure that all subcontractors appointed pursuant to this

Clause 16 (ASSIGNMENT NOVATION AND SUBCONTRACTORS) undertake in writing to

comply, and do comply, with the relevant and appropriate provisions of this

Agreement and undertake in writing to carry out their duties with the level of

care and skill required by Clause 4 (SERVICE LEVELS) and sub-Clauses 18.1

and 18.2. Notwithstanding the appointment of any subcontractor, the Contractor

shall remain liable to the Department for all acts or omissions of or loss directly

or indirectly caused by any appointed subcontractor as if such acts or omissions

were those of or such loss was caused by the Contractor.

16.4. The Contractor shall ensure that all subcontractors are subject to the same duties

of confidence in respect of all Isle of Man Government department's, statutory

board's or other Isle of Man Government body's Confidential Information and

Intellectual Property Rights as the Contractor is under this Agreement, and no

such Confidential Information or Intellectual Property Rights may be disclosed to

them until they have agreed in writing to adhere to such duties. The Contractor

shall be liable for any breach of confidentiality by its subcontractors.

17. PERSONNEL

The Department reserves the right, at its sole discretion and at the reasonable cost of

the Contractor, to require that the Contractor carries out background checks (inc luding,

without limitation, searches of the UK Police National Computer) in respect of any

individual engaged or to be engaged by the Contractor for the purpose of carrying out

its obligations in respect of the Services.

18. REPRESENTATIONS AND WARRANTIES

18.1. The Contractor represents and warrants that:

(a) it is a corporation validly organised and existing under the laws of the

jurisdiction in which it is registered;

(b) it has full power and authority under its constitutional documents and the

laws of the jurisdiction in which it is registered to execute and deliver this

Agreement and to perform its obligations hereunder;

(c) it has by proper action duly authorised the execution and delivery of this

Agreement and when validly executed and delivered this Agreement shall

constitute a legal, valid and binding agreement of the Contractor

enforceable in accordance with its terms; and

(d) the execution and delivery of the Agreement and the consummation of the

transaction herein contemplated does not conflict in any material respect

with or constitute a material breach or material default under its

constitutional documents or under the terms and conditions of any

documents, agreements or other writings to which it is a party.

18.2. The Contractor represents and warrants that it shall at all relevant times:

13 15/03/2017

(a) use staff with suitable security accreditation, training, education,

experience and skill to perform the Services;

(b) provide the Services with promptness and diligence and in a

[professional/workmanlike] manner in accordance with the terms of the

relevant Contract Documents;

(c) have all the necessary licences, certificates, authorisations and consents

required under the laws of the Isle of Man, for the provision of the

Services;

(d) comply with the terms and conditions of all licences, certificates,

authorisations and consents required for the provision of the Services;

(e) immediately notify the Department of any change of Control that it is, or

will become, subject to during the Term where and when permitted to do

so;

(f) shall carry out background checks (including, without limitation, searches

of the UK Police National Computer and/or Disclosure and/or Barring

Service checks) in respect of every individual engaged, or to be engaged,

by the Contractor for the purposes of carrying out its obligations in respect

of the Services which checks shall be updated not less than every three

(3) years from the date hereof and any adverse report and the course of

action the Contractor has taken in response thereto shall be referred

immediately to the Department.

18.3. The Contractor represents and warrants that the Tender Response is correct and

that the ITT (as qualified by the Tender Response) and the Tender Response

form part of this Agreement.

18.4. The Department represents and warrants that:

(a) it has full power and authority to execute and deliver this Agreement and

to perform its obligations hereunder;

(b) it has by proper action duly authorised the execution and delivery of this

Agreement and when validly executed and delivered this Agreement shall

constitute a legal, valid and binding agreement of the Department

enforceable in accordance with its terms; and

(c) the execution and delivery of the Agreement and the consummation of the

transaction herein contemplated does not conflict in any material respect

with or constitute a material breach or material default under the terms

and conditions of any documents, agreements of other writings to which it

is a party.

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19. INSURANCE

19.1. The Contractor's insurances and liabilities will extend to cover any subcontractors

and/or their goods and equipment and/or other third parties employed by the

Contractor to deliver the Services.

19.2. The Contractor shall at all times during the Term, and while the Contractor is

liable or potentially liable to the Department under this Agreement, hold:

(a) employers liability insurance of no less an amount than the sum of ten million pounds

sterling (£10,000,000); and

(b) public and products liability insurance (as a stand-alone policy or part of a Medical

Malpractice cover, if appropriate) of no less an amount that the sum of ten million

pounds sterling (£10,000,000).

The cover for such insurance policy shall be no less extensive than for the existing policy of

insurance effected by the Contractor. The Contractor shall, whenever demanded by the

Department from time to time, supply the Department with adequate evidence that it is

maintaining such insurance cover.

Abuse Exclusion

Please Note: Regardless of the outcome of the scoring evaluation, the Department will

categorically refuse to enter into a contract agreement with any organisation whose

Insurance Policy includes an Abuse Exclusion clause.

For the benefit of this tender: Abuse shall mean

acts of hurting or injuring mentally or physically by maltreatment or ill-use or acts of forcing sexual activity rape or molestation or repeated or continuing contemptuous coarse or insulting words or behaviours

The cover for such insurance policies shall be no less extensive than for the existing

policies of insurance effected by the Contractor (a copy of which policies has been

provided to the Department). The Contractor shall, whenever demanded by the

Department from time to time, supply the Department with adequate evidence that it is

maintaining such insurance cover.

No insurance held by the Contractor under this Agreement shall include an Abuse Exclusion

clause.

20. INTELLECTUAL PROPERTY RIGHTS INDEMNIFICATION

20.1. The Parties agree to indemnify each other from and against any and all claims,

liabilities (both joint and several), losses, damages, costs and expenses (including

any fines, legal expenses on an indemnity basis, expert witness fees, expenses

and costs of settlement) arising out of or in connection with any assertion by any

person that the data, content, software or other material provided or supplied by

the indemnifying Party to the other Party or the Confidential Information provided

15 15/03/2017

by the indemnifying Party to the other Party infringes the Intellectual Property

Rights of that person (an "IPR Claim").

20.2. The provisions of sub-Clause 20.1 above shall not extend to the extent that an

IPR Claim arises because any Intellectual Property Rights or Confidential

Information has been modified or has been used incorrectly (namely not for its

intended use, outside the scope of the Services or otherwise outside the scope

for which it was supplied) by the indemnitee Party or has been used by the

indemnitee Party in conjunction with any other Intellectual Property Rights or

Confidential Information not approved by the indemnifying Party.

20.3. If any material or Confidential Information becomes the subject of an IPR Claim

under this Clause 20 (INTELLECTUAL PROPERTY RIGHTS INDEMNIFICATION), or in

the indemnifying Party's opinion is likely to become the subject of such a claim,

then the indemnifying Party shall use its reasonable endeavours to, at its own

expense, either:

(a) modify the material or Confidential Information to make it non-infringing

or cure any claimed misuse of the third party's trade secrets, provided

such modification does not adversely affect the functionality of the

material;

(b) procure for the indemnitee Party the right to continue using the material

or Confidential Information; or

(c) replace the material or Confidential Information with substantially

equivalent material or Confidential Information that is non-infringing or

that is free of an IPR Claim.

21. LIMITATION OF LIABILITY

21.1. The aggregate liability of the Contractor to the Department for any and all claims,

losses, damages or expenses from any cause whatsoever shall be limited to ten

million pounds sterling (£10,000,000).

21.2. The Department's aggregate liability to the Contractor for any and all claims,

losses, damages or expenses from any cause whatsoever shall be limited to one

hundred thousand pounds sterling (£100,000).

21.3. Neither Party shall be liable to the other for any incidental, consequential, or any

other indirect loss or damage (including but not limited to lost profits or revenues

and loss of data), nor for exemplary or punitive damages.

21.4. This Clause 21 (LIMITATION OF LIABILITY) shall not, however, apply to: (a) any

claims made by the Department pursuant to Clause 20 (INTELLECTUAL PROPERTY

RIGHTS INDEMNIFICATION); or (b) claims made by the Contractor for payment of

the Charges due under the terms of this Agreement.

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21.5. The limitations of liability set out in this Clause 21 (LIMITATION OF LIABILITY) shall

apply regardless of the form of action, whether in contract, delict, tort, strict

liability, or otherwise and regardless of whether either Party has been advised as

to the possibility of such damages and losses.

21.6. The provisions of this Clause 21 (LIMITATION OF LIABILITY) shall not apply in

respect of any claims based on the death or injuries suffered by any individual or

in respect of any obligations implied by the Supply of Goods and Services

Act 1996.

21.7. For the avoidance of doubt, in the context of any indemnity under this Agreement,

the Party making a claim under any indemnity shall have a duty, so far as is

practical, to mitigate its losses and to seek to recover only what is reasonable.

22. TERMINATION

22.1. All of the following shall be a "Contractor Event of Default":

(a) any compromise or attempt to compromise the debts owing by the

Contractor to creditors generally;

(b) an order placing the Contractor under judicial management or for its final

or provisional liquidation is granted or the proposing of any resolution for

voluntary winding-up, other than for reasons of a bona fide restructuring;

(c) the material failure by the Contractor to provide the Services in

accordance with the Contract Documents, and which failure is not

remedied or rectified to the reasonable satisfaction of the Department

within ten (10) days of receipt of written notice requiring the Contractor to

do so;

(d) a breach by the Contractor of Clause 13 (CONFIDENTIALITY AND

NON-DISCLOSURE) and/or Clause 28 (BRIBERY) and/or the DPA Agreement;

(e) any other material breach of any term of the Contract Documents which is

not remedied to the Department's reasonable satisfaction within thirty (30)

days of receipt of written notice from the Department requiring the

Contractor to do so; or

(f) save where the Department has otherwise agreed beforehand to such a

change, such agreement not to be unreasonably withheld or delayed, the

Contractor is subject to a change of Control.

22.2. If the Contractor commits a Contractor Event of Default the Department may

serve notice (the "Notice") on the Contractor terminating this Agreement

immediately or within such further period, not exceeding thirty (30) days, as the

Department provides for in the Notice.

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22.3. The Department may terminate this Agreement at the end of the first three (3)

months of the Term (the "Probation Period") by giving seven (7) days prior

notice in writing.

22.4. The Department may terminate this Agreement at any time after the expiry of the

Probation Period by giving ninety (90) days' notice.

22.5. For the avoidance of doubt, the obligations of the Parties under the terms of this

Agreement shall continue in effect notwithstanding the termination of this Agreement

pursuant to sub-Clauses 22.3 and 22.4.

22.6. For the purposes of this Clause 22 (TERMINATION), a "Department Event of

Default" means a wilful failure by the Department to make timely payment to

the Contractor of any undisputed amount due to it under the terms of this

Agreement and which failure is not rectified (save in the case of a bona fide

dispute regarding the same) within thirty (30) days of receipt of written notice by

the Contractor so to do.

22.7. If a Department Event of Default occurs, the Contractor shall be entitled to

terminate this Agreement, to retain all monies already paid by the Department

and, subject to Clause 21 (LIMITATION OF LIABILITY) and Clause 23 (EFFECT OF

TERMINATION), to claim compensation from the Department for all and any loss

and damage suffered by the Contractor, together with all reasonable legal costs

incurred, as a result of the Department Event of Default.

22.8. If a Contractor Event of Default occurs, the Department shall be entitled, in

addition to any other remedy that the Department may be entitled, to recover all

monies already paid by the Department for any Services not yet delivered and

subject to Clause 21 (LIMITATION OF LIABILITY) claim compensation from the

Contractor for all and any direct loss and damage suffered by the Department,

together with all reasonable legal costs incurred, as a result of a Contractor Event

of Default.

22.9. The termination of this Agreement for any cause whatsoever shall be without

prejudice to the antecedent rights and remedies of the Parties against one

another.

23. EFFECT OF TERMINATION

23.1. Subject to any exercise by the Department of its rights to perform, or to procure

a third party to perform, the obligations of the Contractor, the Parties shall

continue to perform their obligations under the Contract Documents,

notwithstanding the giving of any notice of default or notice of termination, until

the termination of this Agreement becomes effective in accordance with

Clause 22 (TERMINATION) or sub-Clauses 27.3 (FORCE MAJEURE) or 28.2 (BRIBERY).

23.2. Save as otherwise expressly provided to the contrary (or agreed in writing

between the Parties), upon the expiry of the Term or upon termination of this

18 15/03/2017

Agreement by either the Department or the Contractor, any and all Services that

have not yet been provided or completed by the Contractor shall terminate.

23.3. In the event of termination of this Agreement, or upon the expiry of the Term, the

Contractor shall:

(a) cease to have access to the Location;

(b) comply with its obligations under Clause 24 (EXIT MANAGEMENT) below.

23.4. In the event of termination of this Agreement, or upon the expiry of the Term, both

Parties shall return any Confidential Information of the other Party to the other Party

forthwith.

24. EXIT MANAGEMENT

24.1. Concurrently with the termination, cancellation or expiration of this Agreement for

any reason whatsoever, and at the reasonable request of and at the time

indicated by the Department, the Contractor shall provide the termination

assistance provided for in any exit management plan agreed between the Parties.

24.2. The fee payable by the Department to the Contractor for receipt of any

termination assistance shall, unless otherwise expressly agreed between the

Parties, be based on the Standard Rate (save that it is expressly agreed that no

fee shall be payable by the Department where termination is pursuant to

sub-Clause 22.1 "Contractor Default").

24.3. In the event of any dispute regarding the terms and conditions relating to or the

sums payable by the Department pursuant to the said exit management plan, the

same shall be determined pursuant to Clause 26 (DISPUTE RESOLUTION).

25. SURVIVAL

25.1. The following clauses of this Agreement shall survive the termination of this

Agreement for whatsoever reason:

(a) Clause 1 – Definitions and Interpretation;

(b) Clause 7 – Variation;

(c) Clause 9 – Payment;

(d) Clause 10 – Trademarks and Trade Names;

(e) Clause 11 – Intellectual Property Rights;

(f) Clause 12 – Compliance;

(g) Clause 13 – Confidentiality and Non-Disclosure;

(h) Clause 19 – Insurance;

(i) Clause 20 – Intellectual Property Rights Indemnification;

19 15/03/2017

(j) Clause 21 – Limitation of Liability;

(k) Clause 26 – Dispute Resolution;

(l) Clause 29 – Notices;

(m) Clause 36 – Third Party Rights; and

(n) Clause 37 – Governing Law.

25.2. This Agreement shall continue in full force and effect to the extent that the

Parties agree pursuant to sub-Clause 23.2 that some or all of the Services that

have not been provided or completed by the Contractor at the termination or

expiry of this Agreement shall be so provided or completed.

26. DISPUTE RESOLUTION

26.1. Should any dispute, disagreement or claim arise between the Parties (hereinafter

referred to as the "dispute") concerning the Contract Documents or the

interpretation of this Agreement or its termination, the Parties shall attempt to

resolve the dispute by negotiation. In such event and as and when the dispute

arises, one Party may invite the other in writing to meet and to attempt to

resolve the dispute within seven (7) days from date of the written invitation.

26.2. Should the procedure as described as in sub-Clause 26.1 above fail and the

dispute remains unresolved within seven (7) days of the date of either Party's

written invitation to meet pursuant to sub-Clause 26.1 above, then in such event

the matter shall be referred to the Contractor's Managing Director and the

Department's Chief Executive Officer (or other suitable senior executives) and a

meeting shall take place between such persons with a view to resolving same.

Each of the Parties shall use their best endeavours to arrange such a meeting

within five (5) days after the expiry of the aforementioned seven (7) day period.

26.3. Should the procedure as described in sub-Clause 26.2 above fail or should for any

reason the dispute remain unresolved after the period of five (5) days after the

said written invitation, the Parties may agree to submit the dispute for

determination to the President of the Isle of Man Law Society. The determination

shall be held in the Isle of Man and the arbitrator shall act as an expert and not

an arbitrator. Where the Parties do not agree to arbitration, the dispute shall be

resolved in accordance with Clause 37 (GOVERNING LAW) below.

26.4. Each Party shall bear its own costs in respect of dispute resolution and arbitration

save that where arbitration takes place, the arbitrator may order otherwise.

27. FORCE MAJEURE

27.1. Notwithstanding any other provisions of this Agreement, if due performance of

this Agreement by a Party is affected in whole or in part by reason of any event,

omission, accident or other matter beyond the reasonable control of the Party

claiming the benefit of this Clause 27 (FORCE MAJEURE), the Party claiming the

20 15/03/2017

benefit of this Clause 27 (FORCE MAJEURE) shall give prompt notice to the other

Party and thereafter shall be under no liability for any loss, damage, injury or

expense of whatever kind and howsoever caused, suffered by the other Party to

the extent due to the said event, omission, accident or other matter. The Party

claiming the benefit of this Clause 27 (FORCE MAJEURE) shall use all reasonable

efforts to avoid or overcome the causes affecting performance as soon as it is

able to do so. The force majeure events shall not include events, omissions,

accidents or other matters caused by the act, neglect or omission of the Party

claiming the benefit of this Clause 27 (FORCE MAJEURE) or its representatives,

employees, subcontractors, partners or agents. Furthermore, for the purposes of

this Clause 27 (FORCE MAJEURE), force majeure events shall include but not be

limited to an act of God, war, fire, flood, explosion, failure of public utilities or

civil commotion, or other circumstances beyond a Party's reasonable control.

27.2. The Party otherwise in default shall take and continue to take all reasonable steps

to circumvent and mitigate the effect of such event and to reduce any delay in

the performance of such obligation.

27.3. If performance of the obligations under this Agreement is substantially prevented

for a continuous period of one (1) month by virtue of a force majeure event

referred to in sub-Clause 27.1, then either Party may terminate this Agreement

[with immediate effect] by written notice.

28. BRIBERY

28.1. The Contractor warrants that it has not offered or given, or agreed to give, to any

employee, agent, servant or representative of the Department (or of any other Isle

of Man Government department, statutory board or other Isle of Man Government

body) any gift or consideration of any kind as an inducement or reward for doing,

refraining from doing, or for having done or refrained from doing, any act in relation

to the obtaining or execution of this Agreement or any other agreement with the

Department, or for showing or refraining from showing favour or disfavour to any

person in relation to this Agreement or any such agreement. Attention is drawn to

the criminal offences under the Bribery Act 2013 and the Contractor's obligations

thereunder, including as described in the guidelines issued by the Department of

Home Affairs (a department of the Isle of Man Government).

28.2. Where the Contractor or its employees, servants, subcontractors, suppliers, agents

or anyone acting on the Contractor's behalf, has breached sub-Clause 28.1 or is

convicted of any offence whatsoever under the Bribery Act 2013 (or equivalent

legislation elsewhere including the Bribery Act 2010 (of Parliament)), the Department

shall have the right to:

(a) terminate this Agreement and, as appropriate, recover from the Contractor

the amount of any loss suffered by the Department resulting from the

termination;

21 15/03/2017

(b) recover from the Contractor the amount or value of any such gift,

consideration or commission; and

(c) recover in full from the Contractor any other loss sustained by the

Department in consequence of any breach of this Clause 28 (BRIBERY),

whether or not this Agreement has been terminated.

29. NOTICES

29.1. Any notice or other communication to be given under this Agreement shall be in

writing, in English and signed by or on behalf of the Party giving it (or its

representative) and shall be delivered by hand, sent by prepaid recorded delivery or

registered post to the address, given in sub-Clause 29.2 below (or such other

address as the receiving Party has specified to the sending Party on at least ten (10)

business days' notice).

29.2. The addresses and numbers of the Parties for the purposes of sub-Clause 29.1 are:

(a) The Department:

Address: Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA

Tel: 01624 686090

Attention: Director of Commissioning

(b) The Contractor:

Address: [●] [●]

Tel: [●]

Attention: insert contact name/position

29.3. Any notice or other communication given or made under this Agreement shall, in the

absence of earlier receipt, be deemed to have been received as follows:

(a) if delivered by hand, at the time of actual delivery; or

(b) if posted, on the second clear business day or, in the case of airmail, the

fifth clear business day following the day on which it was despatched by

pre-paid first class post or, as the case may be, registered airmail;

provided that a notice given in accordance with the above but received on a day

which is not a business day, or after normal business hours in the place of receipt,

22 15/03/2017

shall be deemed to have been received on the next business day at the

commencement of normal business hours in the place of receipt.

30. NON WAIVER

No waiver or abandonment by either Party of any of its rights imposed by this Agreement or

the other Contract Documents, shall be binding on that Party, unless such waiver or

abandonment is in writing and signed by the waiving Party, and any such waiver or

abandonment shall be effective only in the specific instance and for the purpose given.

Subject to the foregoing sentence, any failure or delay by either Party hereto in exercising

any right, power or privilege hereunder shall not operate as a waiver thereof, nor shall any

single or partial exercise of any right, power or privilege preclude any other or further

exercise thereof or the exercise of any other right, power or privilege.

31. ORDER OF PRECEDENCE

In the event of any conflict or inconsistency between this Agreement and the ITT (as

qualified and/or amended by the Tender Response), then the provisions of this

Agreement shall prevail.

32. WHOLE AGREEMENT

This Agreement, together with the other Contract Documents, constitutes the whole and

entire agreement between the Parties with regard to the subject matter hereof and there

has not been and there are no agreements, representations or warranties between the

Parties other than those specifically set forth in those documents.

33. INDEPENDENT CONTRACTORS

The Parties shall act as independent contractors for all purposes under this Agreement.

Nothing contained herein shall be deemed to constitute either Party as an agent or

representative of the other Party, or the Parties as joint venturers or partners for any

purpose. Save as expressly stated herein to the contrary, neither Party shall be responsible

for the acts or omissions of the other Party, and neither Party will have authority to speak

for, represent or obligate the other Party in any way without the prior written approval of

the other Party.

34. COUNTERPARTS

This Agreement may be executed in any number of counterparts and by the Parties on

separate counterparts. Each counterpart of this Agreement shall constitute an original of

the relevant document, but together the counterparts shall constitute one document.

35. SEVERABILITY

If any provision of this Agreement shall be held illegal or unenforceable, such provision shall

be deemed separate and divisible from and shall in no way affect or impair the validity or

enforceability of, the remaining provisions.

23 15/03/2017

36. THIRD PARTY RIGHTS

Unless otherwise expressly provided, this Agreement does not, by virtue of the Contracts

(Rights of Third Parties) Act 2001 or otherwise, confer any rights or benefits on any person

or class of persons existing now or in the future, who is not a party to this Agreement

except that a Party's assignee or successor will be deemed to be a Party to this Agreement.

In any event, this Agreement may be varied or rescinded by agreement of the Parties

without the consent of any third parties.

37. GOVERNING LAW

This Agreement will be governed and construed in accordance with the laws of the Isle of

Man and each Party irrevocably agrees to submit to the non-exclusive jurisdiction of the

courts of the Isle of Man.

AS WITNESS the hands of the Parties or their duly authorised representatives on the date

first stated above.

24 15/03/2017

SCHEDULE 1

OPERATIONAL PROVISIONS

Part 1 – Deliverables The Deliverables of the Services are: a) to provide the Services twenty four (24) hours per day, three hundred and sixty five

(365) days per year (except Christmas Day);

b) assisting Passengers with any baggage they may have and getting in and out of

vehicles and within and to and from buildings to vehicles;

c) to facilitate multiple occupancy trips between Ports and Hospital Destinations;

d) the provision of a fleet of vehicles including at least two (2) available every day

which are capable of accommodating Passengers in wheelchairs and/or Passengers

with limited mobility;

e) CRB checks in respect of all staff employees, agents or others engaged by the

Contractor in providing the Services;

f) the provision of invoices, supported by Activity Reports, detailing all journeys

undertaken during the week, the points of collection and destination; Passenger

names, the number of Passengers in each party, together with a total carried in each

vehicle, the Departmental booking reference and the dates of all journeys to be

received weekly on the first working day after the week which is being invoiced.

g) attending service review meetings as often as the Department shall in its reasonable

discretion require, but not less than bi-annually ("Service Review Meetings");

Part 2 – Department Retained Responsibilities The Department shall be responsible for providing the following in respect of the Services: a) notifying the Contractor of the times Passengers are to be collected and the points of

collection and destinations in respect of each Passenger;

b) undertaking Quality Assurance Satisfaction Programmes;

c) surveying the Activity Reports (prepared by the Contractor) to ensure compliance

with the Specification;

d) participation in Service Review Meetings;

e) considering all or any requests for pre-authorisation of additional expenses by the

Contractor.

25 15/03/2017

Part 3 – Location The Services shall be provided between: a) The Liverpool John Lennon Airport (LPL) is situated in Liverpool, United Kingdom, L24 1YD.

b) The Manchester Airport (MAN) is situated in Manchester, United Kingdom, M90 1QX.

c) The Isle of Man Steam Packet Company Landing Berth at Liverpool is situated Off Nicholas

Place, Princess Parade, Liverpool, L3 1DL

d) The Isle of Man Steam Packet Company Landing Berth at Heysham is situated at South

Quay, Heysham, Lancashire, LA3 2XE

The Isle of Man Steam Packet Company Landing Berth at Birkenhead, Wirral, CH41 1FE

Hospital Destinations:

Aintree University Hospital, Longmoor Lane, Liverpool, Merseyside, L9 7AL

Alder Hey Children's NHS Foundation Trust, Alder Hey, Eaton Road, Liverpool,

L12 2AP

Arrowe Park Hospital, Arrowe Park Road, Upton, Wirral, CH49 5PE

Broadgreen Hospital, Thomas Drive, Liverpool, L14 3LB

Clatterbridge Centre for Oncology, Clatterbridge Road, Bebington, Wirral,

Merseyside, CH63 4JY

Liverpool Heart and Chest Hospital NHS Trust HQ, Thomas Drive, Liverpool,

Merseyside, L14 3PE

Liverpool Women's Hospital, Crown Street, Liverpool, Merseyside, L8 7SS

Liverpool University Dental Hospital, Pembroke Place, Liverpool, L3 5PS

The Robert Jones and Agnes Hunt Orthopaedic and District Hospital NHS Trust,

Oswestry, Shropshire, SY10 7AG

Royal Liverpool University Hospital, Prescott Street, Liverpool, L7 8XP

The Walton Centre for Neurology & Neurosurgery NHS Trust, Lower Lane,

Fazakerley, Liverpool, L9 7LJ

Whiston Hospital, Warrington Road, Prescott, L35 5DR

Wrightington Hospital, Hall Lane, Appley Bridge, Wigan, Lancashire, WN6 9EP

and in respect of the Ports and Hospital Destinations such other locations as the Department

shall notify to the Contractor in writing from time to time.

26 15/03/2017

Any locations outside the above list will be notified in writing but will be chargeable

separately.

Part 4 – Service Levels The qualitative and quantitative service levels of performance relating to the Services are:

a) the Contractor will collect Passengers from hospitals returning to the Isle of Man in

sufficient time to catch their flight or sailing;

b) the Contractor shall provide a personal service in appreciation of vulnerable

Passengers who are attending hospital appointments;

c) the Contractor will assist Passengers with their luggage and with getting in and out

of the vehicle and in and out of the hospital ward/clinic or accommodation;

d) wherever possible and practical, Passengers travelling to or from the same

destination area should be carried in the same vehicle;

e) the Contractor shall wait for Passengers disembarking from separate flights/ferries

when instructed to do so by the Department. The Contractor will be required to

accommodate multiple occupancy Passenger pick-ups on a regular basis with up to a

maximum number of fourteen (14) Passengers per vehicle;

f) the Contractor will provide the Services twenty four (24) hours per day, three

hundred and sixty five (365) days per year (with the exception of Christmas Day)

although it is acknowledged that the Contractor will usually be required to provide

the Services between the hours of 06.00 and 21.00;

g) in the event of flight delay, the Contractor will be required to wait or schedule pick-

up in line with arrival of Passengers at no extra cost to the Department;

h) in addition to its regular fleet of vehicles, the Contractor must possess at least two

(2) vehicles, capable of safely accommodating Passengers in wheelchairs or those

with limited mobility;

i) the Contractor's drivers should be competent and able to demonstrate their

competency in securing and transporting such Passengers. The Department will

notify the Contractor of any special requirements for individual Passengers;

j) the Contractor must ensure that all vehicles used for the Services are in a well

presented condition, regularly serviced, well maintained, clean and all vehicles must

be "no smoking";

k) the Contractor must allow the Department to inspect the vehicles and the Service

provision being provided at any time;

27 15/03/2017

l) the Contractor must ensure that the most direct route for every journey is

undertaken;

m) the Contractor must ensure that all drivers are courteous and well presented;

n) the Department would prefer the Contractor to allocate a pool of drivers who can

become familiar with the Services and the Passengers;

o) the Contractor must have vehicles registered fit for purpose by the relevant local

authority or council who have responsibility for road transport licensing;

p) the Contractor must ensure staff engaged in providing the Services who become

disqualified from driving or are unfit to do so must refrain from any driving work

associated with this Agreement;

q) the Contractor shall ensure that all staff engaged in providing the Services are

required to keep confidential all information involving Passengers;

r) Activity Reports submitted by the Contractor must be provided to the Department

weekly and must include:

All journeys undertaken during the week;

The starting point for the journey;

Specific "drop off" or "pick up" points and the final destination;

Names of the Passengers carried on each journey;

Department Booking Reference Number;

Date of the journey;

and

the Contractor will be required to attend and participate in Service Review Meetings as

requested by the Department. It is envisaged that the Service Review Meetings will take place

not less than bi-annually.

28 15/03/2017

SCHEDULE 2

SPECIFICATION

Service Provision

The Contractor will be required to transfer Isle of Man National Health Service Passengers (and

their authorised companions and visitors) who have arrived in the UK from the Isle of Man, by

scheduled air travel or ferry journeys, to and from various Hospital Destinations within the UK,

as defined in Part 3 of Schedule 1 to this Agreement.

2015/16 Activity and weekly example Number of trips 7,179 Number of Passengers 27,035 The below table represents a single week of journey activity in August 2016.

Bank Holiday Monday 5

Tuesday 25

Wednesdays 31

Thursday 30

Friday 32

Saturday 4

Sunday 7

Predominately, the Contractor will be required to transport Passengers by vehicle to and from

Hospital Destinations via Liverpool John Lennon Airport (LPL) with a less frequent requirement

for the Contractor to transport Passengers from Manchester Airport to Hospital Destinations

(and in some cases return to Manchester).

As stated above, the Service will predominately focus on transporting Passengers from

Liverpool John Lennon Airport. In the event of fully booked Liverpool flights, cancellations,

diversions or inclement weather, the Contractor will be required to transport Passengers to

Hospital Destinations from Manchester Airport (MAN).

In addition, the Contractor will be required to pick up and drop off Passengers from the Isle of

Man Steam Packet berths in Liverpool, Heysham and Birkenhead.

The Contractor will meet Passengers at their arrival location, i.e. one of the airports or Ports.

Scheduled arrival times will be notified to the Contractor by the Department by email or such

other means as the Department may determine. Where the Contractor is asked to collect or

drop Passengers at airports they should ensure that pick up and drop off is inside the airport

terminal.

Typically the Contractor will transport Passengers from Port to Hospital Destination and from

Hospital Destination to Port only. However given the nature of the Services provided, it is

29 15/03/2017

necessary for some Passengers to stay in the UK the night before a scheduled appointment. In

such instance, the Contractor will be required to pick up the Passenger from the relevant

airport or Port and transfer to the hotel destination. Please Note: Any further journey from

the hotel onwards will be the responsibility of the Passenger to pay and such instances will not

be reimbursed by the Department.

No other variation of journey will be accepted or charged to the Department. The Department

will not permit the Contractor to undertake the transfer of Passengers from hotels, airports,

Ports or hospitals to or from any other destination such as the city centre before or after an

appointment. Should the Contractor wish to provide this service they may do but must charge

the Passenger as a normal fare and not include it on the schedule of payments. Escorts are

funded just to support patients in attending their appointments. Escorts must not disembark at

different locations from the patient. Any instances where this happens must be reported to the

Department by the Contractor.

Wherever possible and practical with due regard to patients individual appointment times,

Passengers travelling to or from the same destination area should be carried in the same

vehicle. The Contractor is required to wait for Passengers disembarking from separate

flights/ferries when instructed to do so by the Department. The Contractor will be required to

accommodate multiple occupancy Passenger pick-ups on a regular basis. The Contractor must

have a vehicle/s which can accommodate in excess of fourteen (14) Passengers. On occasion,

the Department will specify a separate car is required or a particular type of vehicle such a

saloon for those patients who cannot get into a higher vehicle.

In cognisance with the point above, the Contractor will be required to collect Passengers

returning to the Isle of Man from one of the Hospital Destinations in the UK or as notified by

the Department and transport them to the airport or Port in sufficient time to catch their flight

or sailing.

The Contractor will be required to provide a personal service in appreciation of vulnerable

Passengers who utilise this Service and are attending hospital appointments. This includes

being respectfully courteous, sympathetic and understanding.

The Contractor will be required to offer assistance to Passengers with their luggage when

embarking/disembarking a vehicle and assistance with such on arrival/departure from hospital

ward/clinic or accommodation. For clarity, the Contractor will be required in some instances to

go to specific hospital wards and collect Passengers.

The Contractor will be required to offer assistance and aid to Passengers when entering any

vehicles which may have steps and lifting or assistance equipment.

The Contractor will be required to provide the Services twenty four (24) hours per day, three

hundred and sixty five (365) days per year (with the exception of Christmas Day) although the

Services will usually be required between the hours of 06.00 and 21.00.

In the event of flight delay or cancellation, the Contractor will be required to wait or schedule

the pick-up in line with arrival of Passengers at no extra cost to the Department.

30 15/03/2017

The Department is aware that from time to time there is a requirement for the Contractor to

provide work outside the scope of this Agreement (e.g. Passenger has left a bag inside the

vehicle). This provision of activity is separate from this Agreement and therefore the

successful Contractor will be required to submit a detailed weekly activity invoice for such

services to the Contract Administrator. All additional activities must be pre-

authorised by the Contract Administration team.

Vehicles

In addition to their regular fleet of vehicles, the Contractor must possess a fleet of vehicles

capable of safely accommodating Passengers in wheelchairs/electric wheelchairs or those with

limited mobility. The drivers of such vehicles should be competent in securing and transporting

such Passengers, and be able to demonstrate competence through attending relevant courses.

The Department will notify the Contractor with any special requirements for individual

Passengers.

The Contractor must ensure that all vehicles used for the Services are insured, in a well

presented condition, regularly serviced, well maintained, clean and all vehicles must be "no

smoking".

The Contractor must ensure that all drivers are courteous and well presented. The Contractor

will provide their drivers with corporate work wear that identifies the Service they are

providing.

The Department requires the Contractor to allocate a regular and consistent pool of drivers to

provide the Service. Historically evidence has proven that a familiar range of drivers supports

this personal service and therefore increases Passenger confidence in the provision of the

Service.

The Contractor is responsible for all car parking charges other than the parking permit

associated with the provision of this Service.

The Contractor will be responsible for provision of car seats for children in accordance with

UK legislation. Patient Transfers will provide notice of the requirements for a car seat 24

hours before the child is due to be collected from the port or hospital. The only exception

is for unexpected journeys, where the carrier is given less than 24 hours’ notice. In this case

in a licensed taxi or licensed private hire car that has a fixed partition separating the front

and rear seats, the child may travel unrestrained in the rear. This only applies on an

unexpected journey and it is the only exception for children under 3 years. It was introduced

for practical rather than safety reasons. It is the driver's legal responsibility to ensure that

the child is correctly restrained.

Legislation

The Contractor must have vehicles registered fit for purpose by the relevant local authority

or council who have responsibility for road transport licensing.

31 15/03/2017

The Contractor must ensure staff engaged in providing the Services who become

disqualified from driving or are unfit to do so must refrain from any driving work associated

with this Agreement.

The Contractor must ensure that its staff who are engaged in providing the Services keep

confidential all information involving Passengers.

The Contractor must have enhanced CRB checks for all staff associated with the Services. The

Department may request Disclosure and Barring information from all staff who will be

undertaking the Services.

Service Review

To adhere to its commitment to quality assurance, the Department will undertake quality

assurance satisfaction programmes, which will include the views and comments made by the

Passengers using this Service.

The Department will undertake frequent activity report surveys to ensure compliance with the

Specification.

The Department will undertake unannounced and unscheduled appointments to assess vehicles

involved in the provision of Service and to ensure the whole Service is being provided to agreed

Specification standard.

Service Administration

Activity Reports submitted by the Contractor must be forwarded weekly to:

Patient Transfers, Department of Health and Social Care, Crookall House, Demesne Road,

Douglas, Isle of Man, IM1 3QA

All Activity Reports must include or have attached to them, a list of the following

information:

All journeys undertaken during the week;

The starting point for the journey;

Specific "drop off" or "pick up" points and the final destination;

Names of the Passengers carried on each journey;

Department Booking Reference Number; (Detail must include the number of Passengers per

journey to establish activity);

Date of the journey.

If Activity Reports do not include these details payment may be delayed.

Other than the provision of the parking permit no further prices, charges, expenses or costs

will be made against the Department outside the fixed pricing costs submitted by the

Contractor (e.g. waiting time, parking, toll charges and cancellations).

32 15/03/2017

The Contractor will be required to attend and participate in Service Review Meetings as

requested by the Department. It is envisaged that the Service Review Meetings will take place

at least once annually.

33 15/03/2017

SCHEDULE 3

CHARGES AND PAYMENT MILESTONES

Charges

The Contractor shall charge the Department in accordance with the Contractor's current

Pricing Schedule a copy of which is annexed hereto (Appendix 1) identifying separately the

costs for minibus (stating maximum capacity) and saloon vehicles.

Payment Milestones

The Contractor shall invoice the Department on a weekly basis in the form annexed hereto

(Appendix 2).

34 15/03/2017

SIGNED by the Minister or a person duly authorised by the Minister for Health and Social Care in the presence of:- : …………………………………………………… Witness Signature: …………………………………………… : Print name: Witness Full Name: …………………………………………… : Position: Witness Address: ……………………………………………… : ……………………………………………………………………… : Witness Occupation: ………………………………………… : SIGNED by the Contractor acting by:- : ……………………………………………………… Director : Print name: : : ……………………………………………………… Director/Company Secretary : Print name:

35 15/03/2017

Intentionally blank

36 15/03/2017

APPENDIX 1

PRICING SCHEDULE

[●]

37 15/03/2017

Intentionally blank

38 15/03/2017

APPENDIX 2

FORM OF WEEKLY INVOICE

[Attached or Inserted?]

DATED 2016

Department of Health and Social Care

and

[●]

AGREEMENT FOR PATIENT TRANSFER SERVICE

IN COMMERCIAL CONFIDENCE

Attorney General's Chambers Douglas

i

TABLE OF CONTENTS

1. DEFINITIONS AND INTERPRETATION ...................................................................... 1

2. COMMENCEMENT AND DURATION........................................................................... 5

3. SERVICES .............................................................................................................. 5

4. SERVICE LEVELS .................................................................................................... 6

5. DEPARTMENT'S OBLIGATIONS ................................................................................ 6

6. PARTY REPRESENTATIVES ...................................................................................... 6

7. VARIATION ............................................................................................................ 6

8. CHARGES AND PAYMENT MILESTONES .................................................................... 6

9. PAYMENT .............................................................................................................. 7

10. TRADEMARKS AND TRADE NAMES ........................................................................... 8

11. INTELLECTUAL PROPERTY RIGHTS .......................................................................... 8

12. COMPLIANCE ......................................................................................................... 8

13. CONFIDENTIALITY AND NON-DISCLOSURE .............................................................. 9

14. TRANSPARENCY .................................................................................................... 10

15. FREEDOM OF INFORMATION ................................................................................. 11

16. ASSIGNMENT NOVATION AND SUBCONTRACTORS .................................................. 11

17. PERSONNEL .......................................................................................................... 12

18. REPRESENTATIONS AND WARRANTIES................................................................... 12

19. INSURANCE .......................................................................................................... 14

20. INTELLECTUAL PROPERTY RIGHTS INDEMNIFICATION ............................................ 14

21. LIMITATION OF LIABILITY ..................................................................................... 15

22. TERMINATION ...................................................................................................... 16

23. EFFECT OF TERMINATION ..................................................................................... 17

24. EXIT MANAGEMENT ............................................................................................... 18

25. SURVIVAL ............................................................................................................. 18

26. DISPUTE RESOLUTION .......................................................................................... 19

27. FORCE MAJEURE ................................................................................................... 19

28. BRIBERY ............................................................................................................... 20

29. NOTICES .............................................................................................................. 21

30. NON WAIVER ........................................................................................................ 22

31. ORDER OF PRECEDENCE........................................................................................ 22

32. WHOLE AGREEMENT ............................................................................................. 22

ii

33. INDEPENDENT CONTRACTORS ............................................................................... 22

34. COUNTERPARTS .................................................................................................... 22

35. SEVERABILITY ...................................................................................................... 22

36. THIRD PARTY RIGHTS ........................................................................................... 23

37. GOVERNING LAW .................................................................................................. 23

SCHEDULES SCHEDULE 1 – OPERATIONAL PROVISIONS SCHEDULE 2 – SPECIFICATION SCHEDULE 3 – CHARGES AND PAYMENT MILESTONES APPENDICES APPENDIX 1 – PRICING SCHEDULE APPENDIX 2 – FORM OF WEEKLY INVOICE

Data Protection Act 2002 Data Processor Contract

Memorandum of Agreement

For the purposes of paragraphs 17 to 20 of Schedule 1 to the Data Protection Act 2002, this agreement was made

on ……………………………………… 20[]

Between

(1) The Department of Health and Social Care (a Department of the Isle of Man Government) of Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA (the "Department"); and

(2) [●] (a company registered in the [●] with company registration number [●]) a limited company whose registered office is situate at [●] (the "Data Processor")

Definitions

For the purposes of this agreement the following terms shall have the same meaning and interpretation as

set out in the Data Protection Act 2002:

"The Supervisor"; "Data Controller"; "Data Processor"; "Personal Data" or "personal data"; "Data Subject"; "Processing" or "processing"; "Sensitive Personal Data".

1. Warranties of the Data Controller

The Data Controller, having chosen the Data Processor to process personal data on its behalf, warrants that:

a. the Personal Data has been collected and processed in accordance with the Data Protection

Act 2002; and

b. the processing of personal data has been notified to the Supervisor as required under the Data

Protection Act 2002.

2. Undertakings of the Data Controller

The Data Controller will take such actions as are necessary to ensure it has fulfilled, and will continue to

fulfil, the warranties set out in Clause 1.

3. Warranties of the Data Processor.

The Data Processor, having agreed to process personal data on behalf of the Data Controller, warrants that

it has in place:

a. appropriate technical and organisational measures against accidental or unlawful destruction or

accidental loss, alteration, unauthorised disclosure or access, and adequate security programmes and procedures to ensure that unauthorised persons will not have access to the data processing

equipment used to process the personal data, and that any persons it authorises to have access

to the personal data will respect and maintain the confidentiality and security of the personal data;

b. appropriate security measures, which reflect the nature of the personal data and the level of harm

that might be suffered by a Data Subject as a result of unauthorised access or disclosure of personal data.

4. Undertakings of the Data Processor.

Appendix 06

Data Protection Act 2002 Data Processor Contract

The Data Processor undertakes to:

a. act only on the instructions of the Data Controller;

b. do such actions as are necessary to ensure it has fulfilled, and will continue to fulfil, the warranties

set out in Section 3;

c. provide a Data Subject the rights of access, correction, blocking, suppression or deletion available to such an individual under the Data Protection Act 2002;

d. submit its data processing facilities, data files and documentation needed for processing to auditing and/or certification by the Data Controller (or other duly qualified auditors of inspection authorities

not reasonably objected to by the Data Processor and approved by the Data Controller to ascertain

compliance with the warranties and undertakings in this agreement);

e. comply with any changes in applicable laws. In the event it is unable to do so, it shall forthwith

notify the Data Controller and the Data Controller shall be entitled to terminate this agreement, unless the parties have agreed or forthwith agree to take such steps as shall enable the Data

Processor to so comply.

5. Indemnities

The Data Controller and the Data Processor will indemnify each other and hold each other harmless from

any cost, charge, damages, expense or loss resulting from its breach of any of the provisions of this agreement.

6. Termination

In the event of termination of this agreement, the Data Processor must return all personal data and all copies of the personal data, the subject of these Clauses to the Data Controller forthwith or, at the Data

Controller's choice, will destroy all copies of the same and certify to the Data Controller that it has done so, unless the Data Processor is prevented by law from destroying all or part of such data, in which event the

data will be kept confidential and will not be processed for any purpose.

The Data Processor irrevocably agrees with the Data Controller that, if so requested by the Data Controller

or the Supervisor, it will allow the Data Controller or the Supervisor access to its establishment to verify that this has been done or will allow access for this purpose by any duly authorised representative of the

Data Controller.

7. Governing Law

This agreement shall be governed by the laws of the Isle of Man

Signatures of Agreement

Signed ……………………………………………

on behalf of the Department of Health and Social Care, the Data Controller

on the …………... day of ………………………… 20[]

Signed ……………………………………………

on behalf of [●], the Data Processor

on the …………... day of ………………………… 20[]

Appendix 06

The Treasury Yn Tashtey

Standard Pre-Qualification Questionnaire

Details of your Organisation

The purpose of this questionnaire is to assist the Government in deciding which suppliers to short-list to invite to tender.

Before completing this questionnaire please read the covering letter or e-mail which contains specific instructions to be followed. Organisations must provide all the information requested below by the date stipulated in the covering letter or e-mail. Failure to address any area may disadvantage your organisation with regard to the assessment process. Any of the information provided by your organisation that is found to be inaccurate or misleading may result in your organisation’s exclusion from future Government procurement activity. If your organisation is a company and is part of a group of companies, the responses in this questionnaire must be provided by your organisation and not by a parent or holding company on behalf of your organisation.

In order to simplify this process, you don’t need to provide supporting documents, for example accounts, certificates, statements or policies with this questionnaire. However the purchasing organisation may ask to see these documents at a later stage. You may also be asked to clarify your answers or provide more details.

Please answer every question.

If the question does not apply please write N/A; if you don’t know the answer please write N/K.

Name of the Organisation:

E-mail address:

Postcode:

Address:

Contact Name for Enquiries:

Contact Position (Job Title):

Telephone Number: Fax Number:

Website address (if any):

VAT Registration Number: Company Registration Number:

Is your organisation (please tick one): A public limited company? a limited company? a partnership? a sole trader? Other (please specify)?

Name of (ultimate) parent company: (if this applies)

Company Registration number of Parent

company: (if this applies)

Page 1

Appendix 07

Details of your Organisation cont.

Is your company owned by an individual or individuals who are resident in the Isle of Man for tax purposes? If Yes please provide owner name/names:

Yes No

Financial Information

/ /

/ /

What was your turnover in the last two years (if this applies)? £ for year ended £ for year ended

Has your organisation met the terms of its banking facilities and loan agreements (if any)? If No what were the reasons, and what has been done to put things right?

Yes No

Has your organisation met all its obligations to pay its creditors and staff during the past year? If No please explain why not:

Yes No

Is your organisation in debt to any Department, Board or Office of the Isle of Man Government? If Yes please explain why:

Yes No

Has your organisation met all its obligations regarding payment of social security obligations and taxes to the Isle of Man Government? If No what were the reasons, and what is being done to put things right?

Yes No

What is the name and branch of your bankers (who could provide a reference)?

Name:

Contact Details:

Branch:

Financial Information cont.

Business Activities and Standing

If asked, would you be able to provide at least one of the following?

A copy of your most recent audited accounts (for the last two years if this applies) Yes No

A statement of your turnover, profit & loss account and cash flow for the most

recent year of trading Yes No

A statement of your cash flow for the current year and a bank letter outlining the current cash and credit position

Yes No

What are the main business activities of your organisation?

How many staff does your organisation employ (if you are a sole trader, please say so)?

Have you had any contracts terminated for poor performance in the last three years, or any contracts where damages have been claimed by the contracting authority? If Yes please give details:

Yes No

Do any of the following apply to your organisation, or to (any of) the director(s) / partners / proprietor(s)? Is it in a state of bankruptcy, insolvency, compulsory winding up, receivership, composition with creditors, or subject to relevant proceedings1?

Has been convicted of a criminal offence related to business or professional conduct? Has committed an act of grave misconduct in the course of business? Has not fulfilled obligations related to payment of taxes? Is guilty of serious misrepresentation in supplying information? Is not in possession of relevant licences or membership of an appropriate organisation where required by law?

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

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Insurance

Please provide details of your current insurance cover Value

£ Employers Liability

Public Liability £

Professional Indemnity £

Other (please provide Details) £

Quality Assurance

Does your organisation have a written health and safety at work policy3? Yes No

If not does your organisation have a quality management system2? Yes No

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

If you do not have a quality certification or a quality management system in place, please explain why:

I declare that to the best of my knowledge the answers submitted in this pre-qualification questionnaire (and any supporting documentation) are correct. I understand that the information will be used in the evaluation process to assess my organisation’s suitability to be invited to tender for the Government’s requirement. Completed by:

Health & Safety

Does your organisation have a health and safety at work system2? If No, to either of the above please explain why:

Yes No

Equal Opportunities

Does your organisation have an equal opportunities policy to avoid discrimination? Yes No

Investors in People

Does your organisation hold Investors in People status? Yes No

Declaration

/ / Date: Signature:

Position (Job Title): Name:

1Bankruptcy – the legally declared inability or impairment of ability of an individual or organisation to pay its creditors

Insolvency – the inability to pay one's debts as they fall due. Usually used in Business terms, insolvency refers to the inability for a 'limited liability' company to pay

off debts.

Compulsory Winding Up - when the court makes an order for the company to be wound up (a 'winding-up order') on the petition of an appropriate person.

Receivership - a form of bankruptcy in which a receiver is appointed to run the company and to recoup as many debts as possible

Composition with Creditors - An alternative to bankruptcy, in which creditors agree to accept partial payment in full settlement of their claim

2“system” means processes and procedures to ensure that the subject is properly managed. This includes making sure that legal requirements are met.

3Any business employing five or more people has, by law, to prepare and bring to the attention of employees a written Health & Safety Policy Statement.

A Health and Safety Policy usually consists of three distinct sections namely:

General Policy Statement – a short statement outlining the organisation’s commitment to Health and Safety signed and dated by the senior organisation official (for example, the Managing Director).

Organisation – how the organisation addresses Health and Safety; lines of communication between managers and staff; and any specific duties/responsibilities assigned within the organisation – this should be relatively straightforward for smaller organisations.

Arrangements – the systems2 and procedures in place for ensuring employees’ Health and Safety at work.

Environmental Management

Does your organisation have an environmental management system2? Yes No

1

From: McCann, William (AGC)Sent: 07 October 2016 11:09To: McCann, William (AGC)Subject: Patient Transfer Service - UKAttachments: Clarification Document.docx

Categories: Egress Switch: Unencrypted

Dear All, Please find attached clarification questions raised related to the Patient Transfer Service ‐ UK Kind regards Will Will McCann Senior Procurement Officer Procurement Services, Attorney General’s Chambers, 3rd Floor, St Mary’s Court, Hill Street, Douglas, Isle of Man, IM1 1EU Tel: 01624 686544 Email: [email protected] Website: http://www.gov.im/procurement

Appendix 08

Invitation to Tender Tender Ref ___________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________________________________________________ Reference: Questions and Answers Page 1 of 3 Last updated: 15/03/2017

Invitation to Tender – Patient Transfer Service - UK

Question

Number Details Response

1.

The specification states that the provider will need to have a vehicle that can accommodate 14 passengers. We would like to understand whether you would be happy for a provider to perhaps provide two vehicles that could split the number of patients between them i.e. 7 in each vehicle or is there a requirement that all 14 passengers must travel in one vehicle?

Ultimately the Contractor is responsible for defining how they can meet the requirements of the specification within their written response and demonstrating vehicle capacity to undertake multiple collections on a daily basis. Splitting the requirement is acceptable but the cost to do so should be clearly stated in the tender response. Contractors should be mindful to developing a response that is economically attractive to the Department.

2.

The table on page 13 of the specification details a single week of journey activity in August 2016. Please could you clarify, do the figures included represent the number of individual journeys made on a single day or the number of passengers for one journey?

The figures stated in the specification is journey activity per day, not passengers in a journey.

3.

Are you able to provide any clarity around when you envisage awarding the contract and when you would expect the contract to commence? I note the specification states the agreement would start Winter 2016.

Contract award is likely late November 2016 with formal implementation and contract commencement in February 2017. The exact dates can be discussed with the successful bidder.

4. Do you have a financial envelope / maximum that providers must meet?

There is no financial envelope provided with this tender as the frequency of service will fluctuate. Bearing this in mind the advice to bidders would be to submit a first and final rate (best rate).

5. Who is the current provider?

Bridgewater Taxis

Appendix 09


Question Number

Details Response

6. Will TUPE apply?

The contract is governed by Manx Law where TUPE doesn’t apply.

7.

We may propose minibuses with a capacity less than 14 passenger seats, probably 8, thus not requiring D1 on UK driving licence. Would this be acceptable (understanding that more than one vehicle will be required on occasion)?

Yes see Q1.

8. Can the Department advise any minimum vehicle requirements

Based upon frequency and location variance it is suggested that a Contractor will require a minimum of 12 vehicles. This assumes operation of at least one minibus.

9. Please confirm in Section 1 Scenarios, pick up listed as Liverpool refers to Liverpool JL or Liverpool Pier

All scenarios marked ‘Liverpool’ refer to Liverpool John Lennon

10. In relation to the parking permit supplied by IOM, does this negate the Liverpool John Lennon Airport £2.00 barrier charge, or do we need to incorporate the charge in the prices?

Yes

11.

Document 1 – Form of Tender – can you please explain how we calculate the sum for the supply of the whole of the services – is this based on an average fare value of scenarios in section 1 x by number of trips detailed in Section 3 – Detail of requirement?

To insert a total in the Form of Tender, calculate a combined total value for all scenarios in section 1.

12. Is it possible to get the PQQ as a Word Document so I can type our responses?

It’s one of the biggest requests we have but unfortunately we don’t have a Word Version. You may have a Publisher app that can convert it to assist

13.

It states in tender document - Wherever possible and practical with due regard to patients individual appointment times, passengers travelling to or from the same destination area should be carried in the same vehicle. Does this mean we will also receive the patients appointment time when bookings are made?

The Department would be prepared to provide the contractor with individual appointment times if that would assist in minimising the number of vehicle journeys required.

14. Can you confirm the total number of parking permits that will be available for Liverpool airport and also should there be a change in flight schedules in the future and more passengers are routed

Currently the Department provides 4 parking appointments at Liverpool. If more permits are required, the Department would be prepared to discuss this with the contractor. If there is a change in the flow of patients, resulting in greater traffic to Manchester then the


Question Number

Details Response

through Manchester airport. Will there be provisions to accommodate parking charges at Manchester.

Department will be prepared to discuss the provision of parking permits.

15. Can the Department provide further comment regarding Child Car Seats, frequency and what information is issued to parents travelling with a child.

The Department will continue to emphasise that it is better for a parent to take their own child seat rather than relying on one provided by the contractor. The advantages listed are mentioned to parents. It is therefore not envisaged that the contractor will be regularly required to provide car seats for children. However, because UK regulations clearly state that children under 3 must travel in a car seat for all scheduled journeys, and these journeys are pre-booked and therefore scheduled, both the Department and the contractor could face legal action if a child was not provided with a car seat.