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-3352800-11366500PROVISION OF CATERING SERVICES UCL – PS 344Invitation to tender (ITT) in a competitive dialogue University College London 27TH September 20138318508686800University College, LondonGower StreetLondon WC1E 6BTUK00University College, LondonGower StreetLondon WC1E 6BTUKTable of Contents TOC \o "1-1" \u ITT Checklist2. About UCL 5. ITT Definitions6. Proposed Timetable7. Instructions to Bidders9. Tender Compliance Checklist10. to 23. General InformationSchedule 1 Award CriterionSchedule 2 Specification for Catering ServicesSchedule 3 Pricing Schedules Schedule 4 Qualitative Responses Schedule Schedule 5 ContractPage2 3 566 - 88 8 - 1314 - 1516 - 3839 - 6162 - 6566 - 114831850868680000ITT ChecklistProject descriptionUCL seeks to source a new catering services contract through a “Competitive Dialogue Light” procurement procedure. As this procurement is a Part B service, UCL are only utilising certain aspects of Competitive Dialogue hence the “Competitive Dialogue Light” title. The catering services are currently provided at the main Bloomsbury Campus and nearby satellite estate including School of Pharmacy, Institute of Child Health, Cruciform Building and the Paul O’Gorman Building. Catering services are currently provided via a combination of refectories and retail grab & go café / bars. Hospitality services for both internal and external clients are an important part of the services to be provided together with the provision of vending services.Submission date for ITTBy 4th November 2013 at 14.00 pmMethod of submissionITT responses are to be uploaded to the In-tend web portal as per the enclosed instructions.Four hard copies of the ITT responses are also required to be submitted as per the enclosed instructions.UCL contact Any queries regarding this procurement process can only be submitted via the In-tend portal for the attention of:Mr Ian Wright, Soft Services Manager, UCL Estates, University College London.Background UCL is following the competitive dialogue procedure under the Public Contracts Regulations 2006 for its Catering Services project, and has engaged in dialogue with the Bidders to identify a solution or solutions which UCL considers can meet its needs. The dialogue stage has concluded and Bidders remaining in the procurement process are invited to tender for the opportunity on the basis of the solutions they have proposed to UCL during the dialogue which form part of this ITT document.About UCL UCL is London’s leading multidisciplinary university, with 9,000 staff and 24,000 students. Over 140 nationalities are represented among UCL students with overseas students making up nearly a third of the student body. Centred in the heart of Bloomsbury, UCL was the first university in England to welcome students of any class, race or religion, and the first to welcome women on equal terms with men.UCL is ranked fourth in the world by the Times Higher-QS World University Rankings and 21st by Shanghai Jiao Tong University's Academic Rankings of World Universities.UCL's excellence extends across all academic disciplines; from one of Europe’s largest and most productive centres for biomedical science interacting with eleven leading London hospitals, to world-renowned centres for architecture (UCL Bartlett) and fine art (UCL Slade School).In the most recent Research Assessment Exercise (RAE), UCL was rated the best research university in London, and third in the UK overall, for the number of its submissions which were considered of ‘world-leading quality’. The RAE confirmed UCL's multidisciplinary research strength with outstanding results achieved across the subjects, ranging from Biomedicine, Science and Engineering, and the Built Environment to Laws, Social Sciences, Arts and Humanities. In the vast majority of UCL's submissions, at least 50% were ranked at either the highest grade of 4* (‘of world-leading quality’), or 3* (‘internationally excellent’). UCL students are given opportunities to excel and to find their place in the world. Each student is prepared for their role as ‘global citizens’ through an international curriculum, local volunteering opportunities and cross-disciplinary research-led teaching.Focused on the translation of research into solutions to the world’s major problems, UCL works across the disciplines and with partners all over the world. Current activities include leading the search for an HIV vaccine to developing the clinical use of stem cells in heart disease, blindness and spinal cord repair.UCL is committed to combining the talents of world-class researchers and business brains to allow commercial and social achievements to flourish. Through licensing technologies, joint ventures, consultancy and partnerships, UCL transfers its world-renowned expertise and knowledge to policymakers and the commercial world.UCL has a large, highly devolved, complex structure. The services that support the core business of UCL broadly reflect this. UCL is divided into 10 faculties and a number of central support divisions. Each faculty is divided into departments / divisions providing teaching and doing research. Although a centrally managed Oracle financials system consolidates data and provides information, the many departments of UCL vary in size and financial competence, some providing services within their structures, some relying on central provision.UCL also houses nineteen collections across the campus, including three public museums: the Petrie Museum of Egyptian Archaeology, the Grant Museum of Zoology and the UCL Art Museum.Scope of the projectThis procurement process began with a contract notice published on In-tend with reference number UCL – PS -344 and which was dispatched on the 19th of March 2013 (“the In-tend notice”).The catering services are currently provided at the main Bloomsbury Campus and several nearby satellite estate buildings including the Institute of Child Health, Cruciform Building, Paul O’Gorman Building and School of Pharmacy. Catering services are currently provided via a combination of refectories and retail grab & go café / bars. The core catering services provided to Students, UCL Staff and visitors are currently serviced by four different catering contractors. Hospitality services for both internal and external clients are an important part of the services to be provided and range from high-end Provost dinners to tea & coffee provisions for meetings in any building within the UCL estate. An extensive vending service is also currently provided as part of the catering contracts across the UCL estate.The commencement date for the provision of catering services as per this Contract will be agreed between the Client, the successful Bidder and any out-going incumbent providers. The transfer date must occur between Friday the 24th of January and Sunday the 26th of January with the new Contract commencing on Monday the 27th of January 2014 at the latest. This approach is to ensure a smooth transfer of existing catering staff to the new Contractor and the continuation of actual catering services required over that weekend.Unless terminated earlier as per the Contract conditions, the initial period of the Contract shall be from the agreed commencement date until July 31st 2017. Subject to satisfactory performance and agreement in writing by both parties there will be two single year options available to extend the Contract beyond the initial period.Purpose and scope of the ITTThe ITT:asks Bidders to submit their Tenders in accordance with the instructions set out in the remainder of the ITT;sets out the overall timetable and process for the tender stage of the procurement to Bidders;provides Bidders with information to enable them to submit a compliant Tender (including providing templates where relevant); andconfirms the Award Criteria that will be used to evaluate all Tenders.ITT DefinitionsIn the ITT, the following words and expressions have the meanings set out below.Approvals: means all or any statutory or official process or processes (or process or processes required under any governance arrangements) of UCL or any other public or regulatory authority for the granting of all or any approval or approvals in relation to the Project and/or the award of the Contract.Award Criteria: means the criteria used to evaluate Tenders set out in Schedule 1.Bidders: means the bidders taking part in this competitive dialogue process who have been issued with this ITT document.Contract: means the contract intended to be awarded by this procurement included at Schedule 5.Contractor: means the successful Bidder who will manage the Contract.Contract Officer: means Mr Ian Wright, Soft Services Manager, University College London and whose e-mail address is: i.wright@ucl.ac.uk .ITT: means this invitation to tender.ITPD: means the invitation to participate in dialogue previously issued to Bidders.Pricing Schedule: means the schedule of prices in Schedule 3 required to be completed by the Bidders as part of the Tender.Project: means the project for which this procurement is conducted and which is described or referred to in the Project Procurement Documents.Project Procurement Documents: means all documents issued by UCL in relation to this procurement including the PQQ, ITPD, ITT and the Contract.Purchaser: means University College London (UCL).PQQ: means the Pre-Qualification Questionnaire issued to applicants in relation to this procurement.Qualitative Response: means the qualitative response questions contained at Schedule 4.Regulations: means the Public Contracts Regulations 2006 (as amended).Specification: means UCL’s requirements in relation to the goods, works and services as detailed in Schedule 2.Tender: means a response to an ITT submitted by a Bidder.Tender Checklist: means the tender checklist set out in Section 9 of the ITT.Proposed timetableThe proposed key dates for the tender stage of this procurement are anticipated to be as follows:EventDateDispatch of ITTBy 27th September 2013Tender Meeting at UCL3rd October 2013 at 10.00 amDeadline for ITT clarifications25th October 2013 at 16.00 pmTarget date for responses to clarifications29th October 2013 at 16.00 pmReturn of ITT Deadline4th November 2013 at 14.00 pmEvaluation of Tenders5th November to 20th November 2013Tender Presentation (if required)19th November 2013Notify Bidders of contract award decision 21st November 2013Contract mobilisation (completed by)27th January 2014This timetable is a guide, and while UCL does not intend to depart from the timetable it reserves the right to do so at any stage with no liability on its part. Bidders will be notified accordingly where there is a change in the timetable by the fastest means practicable. Instructions to BiddersAll responses to this ITT must be submitted, with all required enclosures as follows:7.1.1Please upload your Tender response to Tender response uploaded to In-tend will be considered the official Tender and must be uploaded by 14.00 hours on the 4th of November 2013.7.1.2UCL will also require FOUR hard copies and one USB stick containing an electronic copy of the Tender response documentation returned by 14.00 hours on the 4th of November 2013. The envelope, packing or postmark must be sealed and must not indicate the identity of the Bidder. Bids with external identification may not be opened or considered. All responses must be clearly labelled Catering Services – UCL – PS - 344 and must be addressed for the attention of: The Director, Estates Division, University College London, 1-19 Torrington Place, London, WC1E 7BT.7.1.3In summary UCL require the following submissions:1 x electronically uploaded through In-tend by 14.00 hours on the 4th of November 2013. As above this submission will be considered the official Tender.4 x hard copies sent to the address above1 x USB electronic copy sent along with the hard copies to the address aboveAll In-tend responses must be received by no later than 14.00 hours on the 4th of November 2013. Any In-tend response received after the deadline shall not be opened or considered by UCL. In the event that the Tender is not received via In-tend by this time the hard copy and USB submissions will be discarded.UCL may, in its absolute discretion, extend the deadline and in such circumstances UCL will notify all Bidders of any change by the fastest means possible.This Invitation to Tender also includes a separate accompanying compressed zipped folder containing information applicable to this ITT. The folders contain the following information:Existing core service catering menus and tariffs for Bloomsbury, School of Pharmacy and Institute of Child HealthExisting hospitality services menus and tariffs for Bloomsbury, School of Pharmacy and Institute of Child HealthExisting Catering Services Staff TUPE information (at the time of issue). Please note that no catering staff will transfer from the Cruciform or Paul O’Gorman Buildings.Specification for the existing MegaVanList of non UCL owned catering equipment List of relevant UCL PoliciesTerm Dates InformationPricing Schedule to be completed and returned with ITT response documentationAny Bidder who cannot access or open any of the above information must contact UCL immediately via the In-tend website.Content and Format of ResponsesAll Bidders are invited to submit a Tender in accordance with the ITT. All Tenders must include as a minimum the requirement as set out in Schedule 2. Tenders which do not comply with any minimum requirements may be treated as non-compliant by UCL and not evaluated further.Bidders must adhere to the format of this ITT when answering the questions and answer every question. Please answer all questions as accurately and concisely as possible. Where a question is not relevant to the Bidder’s organisation, please write N/A and provide an explanation.The following requirements must be adhered to when submitting Tenders:provide all of the information required in the Tender Checklist set out in Section 9;all separate electronic copies of documents referenced in the ITT; the Pricing Schedule must be completed in pounds sterling; andall tenders must be in English (or a full translation provided).Bidders should submit only such information as is necessary to respond effectively to the ITT. Unless specifically requested, promotional materials should not be supplied and will not be evaluated by UCL.Relevant enclosures should be presented in the same order as, and should be referenced to, the relevant question.It is important that Tenders include all the elements required and necessary for the performance of the Project. Once the dialogue is concluded there will be no opportunity for Bidders to materially change the content of the Tender or raise any material issues with the Contract after submission. UCL will not negotiate with any Bidder or Bidders but may fine tune, clarify and confirm commitments with the Bidders before the selection of the winning Bidder, and clarify and confirm commitments with the winning Bidder.For the avoidance of doubt, any material points introduced by any Bidder after the dialogue has been closed will not be considered or evaluated by UCL.Tender compliance checklist Bidders must ensure that their Tender contains each of the following items in order to be compliant:RequirementIs the requirement included?1. Completed Pricing Schedule 32. Completed Qualitative Responses Schedule 43. Completed and non-amended Form of Tender – Part 34. Completed Certificate of Non Canvassing and Non Collusion – Part 4Queries about the procurementAny queries relating to this ITT must be placed on In-tend before the 25th of October 2013 at 16.00 pm. Any queries received after this time will not be answered by UCL. No approach of any kind in connection with this ITT should be made to any person within, or associated with, UCL.If UCL considers any query to be of material significance, both the query and the response will be communicated to all Bidders via In-tend.A Bidder must indicate on the query if it considers that a query is confidential and should not be circulated to all Bidders. UCL will inform the Bidder if it does not consider the query is confidential and the Bidder will be able to elect to withdraw the query. If the query is not withdrawn, the response will be issued to all Bidders via In-tend. Even if a query is considered to be confidential by UCL and/or the Bidder, the query could be required to be disclosed under a request under the Freedom of Information Act 2000 or related legislation. Bidders may be asked to clarify answers or required to provide additional information supplementing or clarifying any of the information provided in response to the requests set out in this ITT. Legal relationsThe ITT is issued on the basis that nothing contained in it shall constitute an inducement or incentive nor shall have in any other way persuaded a Bidder to make a submission or propose a solution or enter into any contract or in particular the Contract. Neither the ITT nor any information supplied by UCL should be relied upon as a promise or representation as to the future.This ITT shall not be regarded as constituting financial or investment advice or recommendation by UCL or its appointed advisors.UCL reserves the right, subject to the appropriate procurement regulations, to change the basis of the competitive tendering process or to terminate the process at any time with no liability on its part. Nothing contained in the ITT or in any other communication made between UCL and any other party shall be taken as constituting a contract (whether implied or otherwise), agreement or representation between UCL and a Bidder or any other party. It is neither an offer capable of acceptance nor is it intended to create a binding contract nor is it capable of creating such a contract by any subsequent actions.For the avoidance of doubt, no contract capable of acceptance shall be created until such time as UCL enters into the Contract and any other relevant contractual project documents with the winning Bidder. Any such liability is expressly excluded to the fullest extent permitted by law.Freedom of Information Act 2000The Freedom of Information Act 2000 (“FoIA”) and the Environmental Information Regulations 2004 (“EIR”) apply to UCL. UCL may be required to disclose information submitted to it, information concerning the procurement process, or details about this project in response to a request under FoIA or EIR. UCL may also decide to include certain information which it maintains under FoIA.If Bidders consider that any of the information provided by them is commercially sensitive in relation to this procurement process then this should be clearly identified and appropriately marked, for example as “Confidential”. Bidders should also provide justification for this view.UCL may always be required to disclose information under FoIA if an FoIA request is received. UCL cannot guarantee that any information will not be disclosed, even if a Bidder considers the information to be confidential. The acceptance of receipt by UCL of information marked "Confidential" or the like should not be taken that UCL accepts any duty of confidence by virtue of that marking and UCL accepts no liability (howsoever arising) in this regard.UCL will endeavour to consult with Bidders and have regard to comments before it releases any information under the FoIA or the EIR. However, UCL reserves its discretion to determine whether any information is exempt from the FoIA and/or EIR or not. UCL will be obliged to make its decision on disclosure in accordance with the provisions of FoIA or EIR (as the case may be) and will be bound by the rules as to disclosure and where appropriate by the direction of the Information Commissioner.The successful Bidder should be aware that following the award of the contract, UCL shall make the final contract details publicly available, subject to excluding those elements which are genuinely identified as confidential or commercially sensitive. UCL shall seek to agree with the successful Bidder the nature of the information to be so protected.GeneralWhile the information contained in the ITT is believed to be correct at the time of issue and has been prepared in good faith, neither UCL nor its advisors, nor their respective governors, partners, officers, directors, employees, other staff or agents nor any of them makes or make any representation or warranty (express or implied) nor accepts or will accept any liability as to the accuracy, reasonableness or completeness of the Project Procurement Documents.This exclusion extends to liability in relation to any statement, opinion or conclusion contained in, or any omission from, the ITT (including its Schedules) and in respect of any other written or oral communication transmitted (or otherwise made available) to any Bidder. No representations or warranties are made in relation to such statements, opinions or conclusions. This exclusion does not extend to any fraudulent misrepresentation made by, or on behalf of, UCL.No person in UCL’s employment or other agent has any authority to make any representation or explanation to Bidders as to the meaning of the Contract or any other Project Procurement Document or as to anything to be done or not to be done by Bidders or the successful Bidder, the instructions contained in the ITT or as to any other matter or thing so as to bind UCL.If a Bidder proposes to enter into a contract with UCL, it must rely on its own enquiries and on the terms and conditions set out in the Contract (as and when finally executed), subject to the limitations and restrictions specified in them.All intellectual property rights in this invitation to tender and the documents supplied within are vested solely in UCL (and where applicable, its advisors). Accordingly, the documents supplied with this ITT and throughout the procurement process, and all copies of them, are and shall remain the property of UCL (and where applicable its advisors), and may only be used for the purposes of this procurement and in connection with the preparation of tenders. Such documents must not be copied or reproduced in whole or in part and must be returned to UCL upon demand.Contract termsThe draft Contract is attached at Schedule 5. Bidders are required to review the Contract and Bidders' attention is drawn to the important information contained in REF _Ref346113085 \r \h \* MERGEFORMAT Schedule 5Part 1.Evaluation criteria and process The Award Criteria are set out in REF _Ref346113019 \r \h \* MERGEFORMAT Schedule 1.UCL will evaluate each Tender against the Award Criteria.During the evaluation period, there will be an opportunity for fine-tuning and clarification of aspects of the Tenders received. Once the evaluation period has concluded and UCL has notified Bidders of the outcome of the procurement, only clarification of the winning Bidder's Tender may take place.Contract awardContract award is subject to the formal Approvals processes of UCL. Until all necessary approvals are obtained no Contract will be entered into. Bidders' attention is drawn to the important notices in section 18 below.Once UCL has reached a decision in respect of a contract award, it will notify all Bidders of that decision through an award decision notice to all Bidders who submitted a Tender before entering into the Contract.The award decision notice will inform all unsuccessful Bidders of the identity and relative advantages and characteristics of the successful Tender as compared with the recipient's Tender.Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE")UCL considers that TUPE may apply to the Project. It is the responsibility of Bidders to consider whether or not TUPE is likely to apply in the particular circumstances of the Project and to act accordingly. Bidders should therefore take their own advice regarding the likelihood of TUPE applying.Eligibility requirements and changes affecting a BidderBidders are reminded that no changes can be made to any consortium identified at PQQ, unless agreed in writing by UCL. Bidders must inform UCL in writing of any change in control, composition or membership relating to them or their consortium members and of any other material change to their response(s) to the PQQ. UCL reserves the right to disqualify any such Bidder from any further participation in the procurement process.Bidders are reminded of the eligibility requirements that apply to the procurement process at all times particularly as set out in regulation 23 (1) of the Regulations. Any change in the eligibility of a Bidder must be notified immediately to UCL in writing, and may result in the Bidder being disqualified from any further participation in the procurement.UCL has selected the Bidders on the basis of the statements made by the Bidder at PQQ stage. If the Bidder relied on group resources at PQQ stage, UCL reserves the right to require that the performance of the Contract be guaranteed by its group resources and/or parent company. As a result, UCL may require each Bidder to confirm the identity of the guarantor of its obligations under the Contract.UCL may require the successful Bidder to hold or to obtain certain insurances including but without limitation in respect of professional indemnity, public liability and employer’s liability as may be set out in the Contract.Bidder conduct and conflicts of interestAny attempt by Bidders or their advisors to influence the contract award process in any way may result in the Bidder being disqualified. Specifically, Bidders shall not directly or indirectly at any time:devise or amend the content of their Tender in accordance with any agreement or arrangement with any other person, other than in good faith with a person who is a proposed partner, supplier, consortium member or provider of finance;enter into any agreement or arrangement with any other person as to the form or content of any other Tender, or offer to pay any sum of money or valuable consideration to any person to effect changes to the form or content of any other Tender;enter into any agreement or arrangement with any other person that has the effect of prohibiting or excluding that person from submitting a Tender;canvass UCL or any employees or agents of UCL in relation to this procurement; and / or,attempt to obtain information from any of the employees or agents of UCL or their advisors concerning another Bidder or Tender.Bidders are responsible for ensuring that no conflicts of interest exist between the Bidder and its advisors, and UCL and its advisors. Any Bidder who fails to comply with this requirement may be disqualified from the procurement at the discretion of UCL.UCL's rightsUCL may (with no liability on its part):cancel or amend the procurement process by notice in writing at any stage;waive some or all of the requirements of the ITT;withdraw the ITT at any time, or to re-invite responses or submissions on the same or any alternative basis;choose not to award the Contract or any contract to any of the Bidders as a result of the current procurement process;make whatever changes it sees fit to the timetable, structure or content of the procurement process, whether as a result of approvals or for any other reason;subject to relevant legislation, at any time reject any submission or response and/or to terminate the dialogue with any one or more Bidders; anddisqualify any Bidder in respect of which (a) a conflict of interest arises which cannot be remedied to UCL's satisfaction or (b) whose standing changes in a material way from their PQQ or any part of their submissions in the dialogue.Bid costsBidders are entirely responsible for the costs of participating in this procurement and no payment, reimbursement, compensation nor any other remuneration will be payable by UCL to the winning Bidder. All costs, expenses and liabilities incurred by any Bidder in connection with the preparation and submission of any response to this procurement including the PQQ, ITPD, ITT, and/or any solutions or responses or any Tender will be borne entirely by the Bidder. For the avoidance of doubt, this includes without limitation costs and fees incurred by Bidders in respect of any third parties, advisors, the costs of any sub-contractors and (if applicable) their participation in the dialogue and submission of Tenders. Any such liability is expressly excluded to the fullest extent permitted by law.Public procurement regimeThe Bidder is considered to be familiar with the public procurement and other statutory obligations of UCL and to have a sufficient understanding of these obligations, in particular those arising under the Regulations. The Bidder is required to examine the Project Procurement Documents and to obtain all such information as it may require for the purposes of participating in the dialogue and making any requisite submission. The Bidder shall be deemed to have satisfied itself as to the sufficiency of the Tender which it submits. UCL shall not be liable for any claims however arising out of the Bidder's failure to study the Project Procurement Documents or failure to understand the relevant regulatory framework. PublicityNo publicity regarding the Project or the award of the Contract or any contract will be permitted unless and until UCL has given express written consent to the relevant communication. For example, no statements may be made to the media regarding the nature of any Tender, its contents or any proposals relating to it without the prior written consent of UCL. Award criterion and evaluation governance All parts of the ITT must be completed for compliance. Non-compliant ITTs will be disqualified. All compliant ITT responses will then be evaluated on the following basis:Where questions are marked as mandatory pass/fail criteria, Bidders must answer these questions such as to meet the 'pass' requirements. Failure to do so will lead to your ITT not being assessed further. If you cannot meet a "pass" requirement you should not complete this ITT. Responses to scored questions will be scored out of a total of the marks as set out below. Where indicated marks are split as indicated in the separate pliant tenders will be scored using the marking scheme below. The scores for each section will be added together and the highest scoring Bidder will be awarded the contract subject to UCL being generally able to proceed to award. CriteriaTotal marks available for this sectionWeighting % to be appliedUCL return as per Pricing Schedule 3d 1st 6 months trading505%UCL return as per Pricing Schedule 3h 1st full year trading10010%UCL return as per Pricing Schedule 3l 2nd full year trading10010%Financial Investment offered as per Pricing Schedule 3s505%Price and Cost Effectiveness Total30030%Appointment Programme165%Contract Management and Team Resources4820%Quality of Proposed Services7620%HSE and Sustainability4415%Qualitative Total18460%Total weighting for Tender Submission evaluation48490%Possible presentation evaluation2510%Total509100%Evaluation of the Tenders received will be carried out by members of the Evaluation Team. In evaluating the Tender, the Client will seek the most economically advantageous offer, having regard to the above factors and weightings. Qualitative response evaluationThe evaluation to all qualitative questions will be scored in accordance with the table below. Scoring pointsRating0No or non-compliant response1Unsatisfactory2Achieves a basic minimum standard, some concerns3Satisfactory, acceptable, no major concerns4Very good, full and robust response, gives full confidence and adds valueFollowing the submission and evaluation of the Tenders the Client may wish to have Tender clarification meetings with the Bidders. Following the full evaluation process, the Client will identify a shortlist of Bidders who may be invited to present their proposal to the Evaluation Team at UCL. The date for these presentations if required will be the 19th November 2013.The objective of the post-bid presentation is to allow the Evaluation Team to possibly differentiate between Bidders who have all scored similarly in the Tender evaluation process and will also:enable Bidders to present their proposals to the Evaluation Team;allow for review and confirmation of the response to the ITT;allow the Evaluation Team to question the presenters;allow the Evaluation Team to meet key personnel who would be involved in service delivery in the event of the award of a contract. With this in mind, one of the attendees should be the person who would be responsible for the overall management of the proposed services in the event of a successful tender.Short-listed Bidders may also be requested to arrange a visit to existing premises and facilities for UCL representatives.Specification for Catering Services2.1 Overview 2.1.1The catering services at UCL are to be world class and leading edge. The successful Contractor must be able to demonstrate that they have the knowledge, experience, resources and desire to provide outstanding catering services to a diverse and demanding customer base. The catering services must reflect the following as a minimum:The provision of a diverse range of services which are trend setting and flexible throughout the entire period of the ContractA catering contract where Contractor’s employees come to learn from the best, not to trainThe catering services at UCL must be considered as a “Flagship Account” within the UK for the ContractorDiversity and sustainability must be a key pillar in the services providedIt is an expectation of UCL that the Contractor will utilise external catering concessions and SMEs as sub-contractors and/or suppliers wherever possible2.1.2This Specification sets out the nature of the services to be provided under the Catering Services contract. Where quality standards are set out, they are the minimum acceptable level to be achieved on a consistent basis. The specifications are not exhaustive and are to be taken as an indication of the general standards which are to be achieved.2.1.3Where the services required are described, this is to give a broad indication of the type and volume of services currently envisaged. It is expected that the Contractor will work in partnership with the Client during the course of the Contract to provide such services as are required and to develop and improve the services to meet changing needs.2.1.4Bidders must satisfy themselves that the information contained in this document and enclosures is of the appropriate level in order that a fully comprehensive response can be submitted. Any information supplied within this document is for guidance only and UCL will not be held responsible for its accuracy.2.2 Key Services Guidelines2.2.1All services must be prompt, friendly and efficient, recognising the needs and circumstances of the customer.2.2.2All advertised hours of opening of the catering services must be adhered to.2.2.3All hospitality bookings accepted must be honoured by the Contractor.2.2.4It is essential that the Contractor is flexible and responsive to the service needs of the Client and its students, staff, visitors and commercial customers attending conferences and events. Changes can often be required at relatively short notice, particularly in relation to the conferences and events business.2.2.5All service provision must meet all current and future legislative requirements, including those relating to food hygiene and safety. 2.2.6The Contractor is actively encouraged to recruit Students and local Camden residents to suitable positions within the catering team. Evidence of such recruitment must be submitted to the Contract Officer on a monthly basis.2.2.7It is an absolute requirement that the Contractor will provide their employees with the London Living Wage rate (LLWr) as a minimum. The (LLWr) must be tracked by the Contractor and paid to employees accordingly.2.2.8All catering staff, sub-contractors and Agency staff employed by the Contractor must have complete and up to date Right to Work in the UK documentation.2.2.9The Contractor must ensure that all personnel (including any sub-contracted staff) are clearly identifiable while on UCL premises.2.2.10The Client wishes to enter into a partnership with an organisation which can proactively manage cost areas whilst maintaining and improving service levels throughout UCL.2.2.11The Contractor must take cognisance of all Equality and Diversity legislation in the provision of its catering service whilst complying with UCL’s polices.2.2.12The Contractor must actively demonstrate year-on-year improvements and demonstrate a commitment to meet UCL’s environmental and sustainability objectives.2.3Catering Services Information2.3.1Additional Information Folder This Invitation to Tender also includes a separate accompanying compressed zipped folder containing information applicable to this ITT. The folder contains the following information:Existing core service catering menus and tariffs for Bloomsbury, School of Pharmacy and Institute of Child HealthExisting hospitality service menus and tariffs for Bloomsbury, School of Pharmacy and Institute of Child HealthExisting Catering Services Staff TUPE information (At time of issue). Please note that no catering staff will transfer from the Cruciform or Paul O’Gorman Buildings.Specification for the existing MegaVanList of non UCL owned catering equipment List of relevant UCL PoliciesTerm Dates InformationPricing Schedule to be completed and returned with ITT response documentationAny Bidder who cannot access or open any of the above information must contact UCL immediately via the In-tend website.2.3.2 Existing Catering Facilities2.3.2.1Bloomsbury Refectory: The main catering facility on the Bloomsbury Campus located in the lower area of the Wilkins Building currently operated by Chartwells. It consists of a range of outlets and has seating for approximately 360 people and serves 1000-1200 customers per day during term time. The table below shows a summary of current food outlets in the Refectory.OutletSummaryTerm –Time HoursGoodness MeFreshly prepared salads, contemporary deli1100-1400ToujoursFreshly prepared baguettes, pastries, hot beverages0800-1430Trattoria/JP BarFreshly prepared pizza, pasta and jacket potato1130-1430Chefs TheatreRange of meat/vegetarian dishes on a 6 week cycle, 3 price points1130-1430StarbucksHot beverages, pastries, snacks and hot evening meal0800-2000AmigosHot beverages, sandwiches, range of snacks and confectionary0800-16002.3.2.2Bloomsbury Engineering Cafe: The Cafe is located in the foyer of the Engineering Front Building and is operated by Chartwells. It is operated as a Costa Coffee outlet and offers a range of hot beverages, pastries, snacks, hot and cold food and confectionary, and operates from 0800-1700. The Foyer has seating for approximately 60 customers and is predominantly a transient, grab and go location within a flexible environment suitable for informal study and major functions and events. The Cafe serves 400-500 customers per day during term time. 2.3.2.3 Academic Staff Common Room (Housman Room): The ASCR is located within the Housman Room, on the ground floor of the Wilkins Building and is available for Members and their guests. The catering is operated by Chartwells between 0900-2000, offering hot beverages and snacks, with a hot lunch available. Additionally, alcohol is available within this Staff Common Room. Recent temporary counter improvements by Chartwells have allowed a hot main meal and additional cold offer to be provided at lunchtime. These new counters belong to Chartwells. Bidders should note that currently there is a Flavia hot drinks offer which must operate initially within the new Contract. Bidders must also be able to provide Real Ales as required by the Academic Staff Room Committee. 2.3.2.4JB’s Cafe: A small café located in the basement of Bentham House and is operated by Chartwells. It consists of a Costa Coffee outlet which serves a range of hot/cold beverages, snacks and confectionary. It operates daily during term time from 0930-1630 and can accommodate 15-20 seated customers. 2.3.2.5 Cruciform: The Cruciform Cafe is located on the 1st floor of the Cruciform Building which is located on Gower Street, opposite the main entrance. The Cafe is operated by a local operator, Cafe Presto, with the facility able to seat up to 60 customers, serving a range of hot products, hot beverages, snacks and refreshments. The Cruciform café has been operating since the building opened in 1999. The fixed equipment in the kitchen area and in the servery is owned and managed by PPP - IML the PFI holder; this is a 25 year contract.The present operator has supplied the coffee machine and small items of equipment.The area is a multi-purpose facility and is set up to be also used as a seminar room, currently at least once a week, so any new furniture must be suitable for this purpose, also any new seating should be easy to move and stack as the room is also used to host large functions in the evenings and at weekends to provide refreshments for people booking the two lecture theatres in the basement. This area has to remain as a multi-purpose area.There are also occasions when the café is closed during the week for private functions which must be taken into consideration by the Bidders.The café has no storage or cold room facilities within the building except for the small triangle shape storage created at the entrance to the servery.UCL Staff are allowed to eat their own food within the area as the building is not set up with suitable breakout spaces for staff and there is no eating or drinking in laboratory areas.2.3.2.6 Paul O’Gorman Building Cafe: Located on the Ground Floor of the Paul O’Gorman Building is the Courtyard Café which is operated by Cafe Presto and serves a range of hot beverages, snacks and refreshments with seating for 30-40 customers and is suitable for hosting small events and receptions.The Courtyard Café has been operating with the same operator since 2007. The fixed kitchen was purchased by the Cancer Institute and the additional refrigerator unit, coffee machine and light equipment etc. were purchased by the incumbent operator.The area is also multi-purpose and is used for seminars at least 3 times a week during Café opening hours which must be taken into consideration by the Bidders. This capability must remain within the Courtyard Café.The furniture was purchased by the Cancer institute and is easily moveable and stackable so that the area can be cleared as required for functions or additional furniture added for seminars.The Café is closed on a regular basis during the week to accommodate seminars. The Café also closes early at times to accommodate evening functions. Therefore the Bidders must be considerate of the fact that the Café will not be open all day every day.The Café has use of a store room and cold room which may change due to pressures on building resources. ?2.3.2.7Institute of Child Health (ICH): The catering facility in this building is operated by Elior and consists of a full Refectory offer that serves a range of hot lunches, snacks, refreshments and confectionary. The 120 seat Refectory is open 0800-1400. There is a separate small coffee bar located within the Refectory which is open 0800-1600. This 52 week facility is predominantly for UCL staff and operates under a Principal contract for the purposes of VAT with the tariff currently including VAT. Sales to Students include VAT also with a single tariff in operation. This facility caters for a significant volume of conferences and events on a daily basis and it should be noted that the actual catering facilities are extremely tight to support the volume of activity with careful management required. Within a short walk from ICH there is a satellite Café Bar operated from ICH within the Wolfson Centre serving hot and cold snacks which opens 0800-1630. Hospitality also occurs within the Centre and there is a small fully fitted kitchen to support the catering operations. This catering facility currently closes mid-July to the end of August. This may be subject to change dependent on building usage.2.3.2.8School of Pharmacy: Refectory located on the Ground Floor adjacent to the Main Entrance and operated by Sodexo. The Refectory serves a range of hot lunches, snacks, refreshments and confectionary. There is seating for approximately 160 customers. The Refectory is currently open 0830-1500 during term time and 0900-1430 out of term although the School is keen to see these hours extended. The Refectory is currently closed in August. This may be subject to change dependent on building usage.Hot meals are still to be provided within the Refectory through the new service provision and any proposed changes to the existing services must be agreed in writing with the Contract Officer.2.3.2.9MegaVan: The Contractor shall have use of the UCL owned MegaVan (currently branded as Chartwells) which is currently located within the Front Quad. The existing specification of this mobile outlet is contained within the accompanying compressed folder of additional information. Any re-branding if required will be Contractor’s responsibility and cost.2.3.2.10Food Market: Bidders must be aware that a “pop-up” food market is currently operated through the Students’ Union on the last Wednesday of every month in the Quad outside the Print Room Café. This is extremely popular with Students and Staff and this initiative will continue during the tenure of this Contract.2.3.3Estate Changes and Potential New Catering Outlets The following proposed changes will all affect the future catering services at UCL: Wilkins Building main kitchen, Refectory and Physics Yard redevelopment and closure July 2014 – September 2015New Student Services Centre planned to open September 2016 will have a large Café on the Mezz floor and potentially smaller “Grab & Go” facilities on upper 5 floorsA new, larger facility on the 1st Floor at Bentham House is planned (To replace JB’s)Potential new Café at Wates House in 2014Potential new Café at Queens Square House near ICH going forwardAll of the above facilities and dates are subject to change and should not preclude the Contractor from proposing new additional outlets throughout the period of the Contract.2.3.3.1 Service Provision Through Wilkins Building Refurbishment: Whilst UCL appreciates that the provision of catering services will be challenging through the Wilkins Building refurbishment, it is a requirement that adequate catering services are provided at a very high standard. The Contractor must use its best endeavours to continue with the provision of sit-down hot meals, high class hospitality and Grab & Go facilities. 2.3.4 Core Catering Services2.3.4.1Overview: The key objective of the new catering services provision is that the catering services add to and support the existing reputation of UCL as a world class Institution. The successful Contractor must be able to demonstrate and provide a leading edge catering provision which will compliment excellent catering facilities during the Contract tenure period.2.3.4.2The Contractor must provide flexible and diverse food offers and services, incorporating the very best from the UK High Street and International catering innovation.2.3.4.3The Contractor must be able to demonstrate the ability to work with local SMEs and local businesses whether as sub-contractors or as suppliers.2.3.4.4As the move towards increased opening hours to Students, Staff and visitors progresses then the catering services must be able to flex accordingly.2.3.4.5The Contractor must sympathetically harmonise all the existing different tariffs across the UCL estate whilst providing value for money pricing by August 2014. The existing tariffs should remain between February 2014 and the end of July 2014. It is a requirement that a range of tariffs are available from “Premium” to “Value” with the “Value” offer still providing a nutritional and satisfying offer at a suitable price.2.3.4.6Whilst High Street Brands are not seen as a must have, flexible and regularly changing food offers which incorporate best practice are.2.3.4.7As UCL develops and refurbishes the existing and new catering outlets the Contractor must assist the Client in offering advice and support in ensuring the new facilities are leading edge and suitable for the proposed service provision.2.3.4.8The successful Contractor must be aware that there is a high demand for Students, Staff and visitors to utilise dining and seating areas to consume food and drink brought in from elsewhere. This practice must not be discouraged within the catering areas.2.3.5Hospitality Services2.3.5.1All Internal and External Hospitality (Conferencing and Events) Catering Requirements: As with other universities, Hospitality catering requirements can vary significantly from building to building and from day to day across the UCL estate. There can be one day when only a meeting for four customers require teas and coffees followed by the next day requiring several different requests in different buildings, which could include several formal “high-end” dinners or events. It is essential that Bidders are aware of this extremely important but fluctuating business and the significant logistical issues that the catering service has to take into account to balance the catering provision across the UCL estate i.e. delivery to buildings outside the main Campus such as Bentham House where there are very limited catering facilities to support events.As part of the new Contract the Client wishes that the Contractor will assume responsibility for liaising with all major Hospitality users and large event Organisers. Close liaison with the event organiser is essential, as is organisational assistance, event co-ordination, provision of advice and “close out” of large events, including seeking customer feedback. Bidders must be aware that there are a significant number of weekend events across the UCL estate especially at ICH. It is an absolute requirement that there must be no additional labour charges for weekend requirements subject to minimum numbers being attained for all standard hospitality provisions. Please detail your approach within Schedule 4, section 2. Bidders are invited to propose innovation within the management of Hospitality provisions at Schedule 4, section 2.Bidders should be aware that there are a significant number of potential hospitality customers who for various reasons do not currently utilise the hospitality services provided by Chartwells. It is an expectation that the successful Contractor will actively “sell” to this potential customer base in order to maximise the sales income and improve customer satisfaction.Given all of the above, together with the growing annual value of the Hospitality income, it is essential that Bidders take into account the necessary required staffing structure to manage and support the Hospitality Service provision within their proposed on-site labour structures. The Client acknowledges that there is a requirement for two quite different labour skill sets within the core and hospitality services provision to ensure that world class catering services are attained and maintained. 2.3.5.2Additional Requirements: Details of some of the additional catering requirements in the UCL calendar appear below.?These UCL functions and events do require a specific high level of service and a style of catering different from the day-to-day hospitality services.?It is critical to the success of the service provision that these events are provided to an exceptional level by the successful Contractor.Vice – Provost DinnersConference and Departmental Dinners up to 160Fund Raising / Donor EventsAward CeremoniesSummer Ball up to 1500 inside2.3.5.3Satellite Estate: It is essential that the Contractor can deliver a high quality hospitality service to satellite buildings which have no catering facilities. Requirements can almost be in all buildings but services are often requested within: Institute of Neurology and Chandler House at Wakefield Street, Institute of Neurology at Queens square, The Ear Institute, Eastman Dental Institute and the Centre for Dental Excellence all on Grey’s Inn Road and the Institute of Ophthalmology at Bath Street which is not in close proximity to the Bloomsbury estate..2.3.5.4Summer Business: During the summer months UCL hosts several Language Schools which require catering services. The catered numbers are regularly over 500 per day. All costs, menus and the service specification are agreed in advance with the Client. The main summer business normally commences in the last week of June and ends mid-August. Bidders must be aware that this service will still be required during the Wilkins Building refurbishment.It should be noted that the main Graduation Ceremonies catering requirements are not part of this specification and are actually tendered separately. The successful Bidder may have the opportunity to tender for this prestigious and valuable business.2.3.5.5Bartlett Summer Business: In June each year there is a requirement for a BBQ and bar service to be provided for up to 5000 attendees together with a variety of other catered events for the Bartlett School of Architecture.2.3.5.6Hospitality Brochure: The Contractor must provide, manage and regularly update a suitable Hospitality Brochure which offers value for money, flexibility and innovation in catering services. All prices must be clearly identified with prices per person to assist hospitality bookers. Existing prices at February 2014 should remain in force until August 2014. All tariffs must be harmonised sympathetically and in full agreement with the Contract Officer. Transparency of pricing is essential with all costs to be agreed in advance. It is a requirement that a range of suitably priced House Wines are available and not just single choices for red, white and sparkling. Unless agreed in advance with the Client for extremely unusual or very important occasions, all required tastings of menus are to be free of charge. It is a requirement that a range of tariffs are available from “Premium” to “Value” with the “Value” offer still providing a nutritional and satisfying offer at a suitable price.2.3.5.7Hospitality Accounting: For all Hospitality provided the Contractor must relay in an agreed format all rechargeable information to the Finance Department within 4 working days of the Contractor’s month end for internal re-charging purposes. This information must include the buying department’s account codes, both general and grant codes in the format which is currently utilised and set up. If an incorrect account code is used or an account has been closed it is incumbent on the Contractor to contact the relevant department to receive the correct information.2.3.5.8Bluerunner: Currently all hospitality bookings are managed through the Bluerunner Hospitality Booking Module. It is an expectation that the use of Bluerunner will continue at UCL. If the successful Contractor wishes to offer an improved, more cost effective system then this must be agreed in writing with the Contract Officer. Further details on the Bluerunner module can be found at: Bluerunner is hosted remotely from UCL. The only link is that the Automated Department Invoice (ADI) spread sheets are extracted from Bluerunner onto the ADI spread sheet for UCL FinanceOver 1200 hospitality bookers have unique access codes that are specific to their departments for BluerunnerUCL Room Bookings and UCL Advances (for complex and VIP Events) have separate room entity profiles on Bluerunner to enable multiple users with hierarchies2.3.5.9Vivreau Water System: UCL wishes to continue utilising the Vivreau or equivalent on-site bottled water for all hospitality requirements. There are currently dispensing machines within the Wilkins Building, ICH and the Wolfson Centre. Bidders must be aware of the additional labour requirements and storage requirements necessary when operating this system. The Contractor is responsible for all associated costs including machine rentals, filter replacement and maintenance. Replacement UCL “badged” bottles, which are required, will be a Contractor’s on-going cost. These are currently ?2.90 each to replace. 2.3.5.10Liquor Licences: The Contractor will be responsible for arranging and maintaining, including all training and associated costs, all necessary Designated Premises Supervisor (DPS) Liquor Licenses required at UCL. Currently Chartwells have one DPS holder and four Personal License Holders for the Bloomsbury estate. At ICH Elior have two Personal License Holders currently. Sodexo currently have one Personal License Holder at the School of Pharmacy.2.3.5.11 External Accreditation: Within the first 12 months of the new Contract the Contractor must gain a recognised external accreditation for the provision of hospitality services throughout the UCL estate. This must be similar in standing to the Hospitality Assured or Worldhost accreditations.2.3.6Vending Services2.3.6.1Water Fountains: The Client is committed to encourage the availability of freely available fresh drinking water for students, staff and visitors via water fountains or free-vend dispensers which will be available within an increasing number of buildings. This will include bottle top up facilities. Bidders should be mindful that this will affect sales of bottled water. Currently free-vend water dispensers are provided by Chartwells within the Refectory (2), Christopher Ingold Building and at the Engineering Café. This service must continue. The water dispensers within ICH are a Client responsibility with cups provided by the Contractor at cost on a re-charge basis.2.3.6.2 Existing Vending Machines: The existing vending machines and existing tariffs are listed below. Bidders should be aware that several UCL Schools or Departments also provide vending machines directly within their buildings. The Client believes that there is an opportunity to increase the vending provision under the main catering Contract.Chartwells Managed at BloomsburyChristopher Ingold Building. 3 x Machines. Supplier Selecta. Fully managed service, 3 year lease (commence Aug 11), royalty payment mechanismCoffee 12oz ?1.20. Tea 12oz ?1.00. Canned drinks ?0.80. Bottled drinks ?1.10 and ?1.50. Crisps ?.0.70 and ?0.80. Confectionary ?0.65, ?0.70 and ?0.75Engineering Building, Roberts Foyer. 2 x Machines. Supplier Selecta. Fully managed service, 3 year lease (commence Nov 12), royalty payment mechanicCoffee 12oz ?1.20. Tea 12oz ?1.00. Canned drinks ?0.80. Bottled drinks ?1.10 and ?1.50. Crisps ?.0.70 and ?0.80. Confectionary ?0.65, ?0.70 and ?0.75South Junction, Wilkins Building. Costa Express. Selection of automatic bean to cup coffees/hot chocolate ?1.95 to ?2.35. Machine funded by Costa on profit share basis, assuming daily cup targets are achieved (60 per day)Elior Managed at ICHOne can / confectionery combined machine located within the Refectory. (Rolling Contract with one month’s notice)Crisps ?0.65, Premium Crisps ?0.80, Sensations ?0.70, Confectionery ?0.65, Canned Drinks ?0.80, Bottled Drinks ?1.20, Bottled Water ?0.80.Sodexo Managed at School of PharmacyOne confectionery machine situated within Refectory. Contract requires one month’s notice.2.3.7Equipment 2.3.7.1Catering light equipment: The Contractor will be responsible for the provision of all necessary catering light equipment. This includes all light and moveable kitchen equipment such as pots, pans, chopping boards, serving dishes and utensils. All service equipment such as crockery, cutlery, glassware, serving dishes etc. is also a Contractor’s responsibility and cost. Current catering light equipment stocks which are deemed adequate at this time will transfer to the successful Contractor. The Contractor must ensure that stock levels of catering light equipment are sufficient at all times. All catering light equipment necessary to ensure an extremely high level of service within Hospitality is a Contractor’s responsibility and cost. This includes any new initiatives to improve services such as serving ware and trolleys.2.3.7.2Non UCL owned catering equipment: A list of non UCL owned catering equipment is supplied within the accompanying compressed folder for Bidder’s information. If these items or any similar replacements are required to fulfil the service requirements then this will remain a Contractor’s responsibility and cost.2.3.7.3Heavy kitchen equipment maintenance: the maintenance of all heavy kitchen equipment including plug-in equipment such as toasters and blenders will be a Client responsibility and cost. This includes all appropriate PAT testing required. However, during the 1st four months of the new Contract the Contractor will tender this service requirement on behalf of the Client, working with the Contract Officer, to ensure best value is attained going forward.2.3.7.4Deep Cleans and Ducting: The Contractor will be responsible for bi-annual deep cleans of all kitchen and servery areas. This includes all ventilation canopies and filters, which in high usage areas must be cleaned every three months. All front end filters immediately above cooking appliances are to be cleaned weekly. Ducting beyond the filters is a Client responsibility. Full co-operation from the Contractor with the Contract Officer is required when this duct cleaning is scheduled.2.3.7.5Cash Registers (Tills) / EPOS system: The Contractor is responsible for the supply, installation, management and maintenance of all cash registers and or EPOS system required to fulfil the service requirements including any additions required for the new Refectory and any other new outlets. This includes all back office systems required. The Contractor must provide sufficient facilities for debit and credit card transactions together with “wave and pay” facilities. All equipment costs necessary to provide a fast and efficient payment service will be the Contractor’s responsibility and cost. The system introduced must be “future proofed” in so far that cashless cards could be incorporated and used with the EPOS system within the Contract period subject to instruction from the Contract Officer.2.3.7.6Existing IT Systems: the following IT systems currently operate within UCL and the Contractor must be able to continue with these as a minimum and work together with UCL as required to improve systems when appropriate. All PC’s and printers required in catering offices at all locations necessary will be a Contractor’s responsibility.Automated Department Invoice (ADI)ADI is the recharging mechanism that UCL Finance uses to charge the Client issues back to the relevant department. This allows each department to be charged on a monthly basis through reconciliation.Shared DriveEmployees with UCL IT accounts have access to shared drivesRoom BookingsBasic ‘pop info’ for catering requests. This is a pop up box on the Room Bookings page that indicates catering can be booked. This is not currently linked to Bluerunner.UCL Estates WebsiteLinks to Chartwells at UCL ‘dineoncampus’ website, hospitality booking website and videos2.3.7.7Coffee Machines: The Contractor will be responsible for all and any coffee machines which are required to provide the services. This includes any bulk brewers, automated or Barista style machines that are required. All rentals, leases, maintenance and repairs are a Contractor’s responsibility. Some Schools and Departments have various coffee machines across the estate. These represent an opportunity to the Contractor to manage these machines on behalf of the end-user. The coffee machine and grinder at the Paul O’Gorman building are owned by UCL and the Contractor can utilise this equipment.2.3.7.8Catering Delivery Van(s): It is an expectation that the Contractor will require appropriate transport to assist in the delivery of first class catering facilities within both the core and hospitality services. Any such vans must be electric by preference or otherwise low emission vehicles. UCL will provide free of charge “plug-in” facilities near to the catering facilities. Any van must be branded jointly in agreement with the Contract Officer at the Contractor’s cost. All operating costs associated with catering van are a Contractor’s responsibility. The Contractor must comply with all UCL vehicle regulations whilst on the UCL estate.2.3.8Catering Sales Income and Financial Information2.3.8.1The following sales incomes are provided for Bidders reference. UCL will not be held accountable in any way as to the accuracy of the information provided and Bidders should utilise their own knowledge and expertise in projecting their own sales levels.School of PharmacyActual August 2012 to March 2013 and budget April 2013 to July 2013Net cash sales ?90,500 including approximately ?400 per month from vending.Internal hospitality income is ?60,500 and ?12,000 from external hospitality.Total net annual income: ?163,000Institute of Child HealthNet sales totals for year ending July 2013Cash Sales: ?320,000 (Split 74% counter, 25% coffee bar and 1% vending)Hospitality Income: ?515,000Wolfson Centre Cash Sales:??11,500Wolfson Hospitality: ?27,000??????? Bloomsbury CampusBased on UCL financial year August 2012-July 2013 (May-July budgeted figures)80% / 20% internal / external hospitality split (approx.)Total hospitality includes Terrace RestaurantRefectory income includes Summer School which is @?190,000OutletNet Sales RevenueHospitalityTotal; ?1,307,000Internal; ?1,045,600External; ?261,400Refectory?822,000Vending?28,400Engineering Cafe?192,000JBs Cafe?29,000Mobile Catering Van?26,000Housman Room?185,000TOTAL NET INCOME?2,589,400Cruciform and Paul O’Gorman BuildingIt is estimated that the daily maximum sales in the Cruciform Building are ?500 and ?400 at the Paul O’Gorman Building.2.3.8.2Phasing: The monthly phasing below is provided to assist Bidders to assess business requirements.?AugSepOctNovDecJanFebMarAprilMayJuneJulyTotalBloomsbury Total Income 2012/13?????????????2,600,000Hospitality Split2.2%6.1%6.8%9.5%7.9%3.0%7.0%11.1%9.4%7.4%18.6%11.0%100.0%Cash Sales Split8.3%6.7%9.3%8.2%8.3%5.6%8.2%10.9%4.1%6.5%7.7%16.2%100.0%ICH Total Income 2012/13?????????????873,500Hospitality Split0.4%11.5%11.4%15.4%6.0%4.2%9.2%7.9%10.1%9.5%7.7%6.7%100.0%Cash Sales Split7.3%7.9%10.8%9.9%6.5%9.0%8.4%8.2%8.0%8.0%8.2%7.8%100.0%2.3.8.3Potential Reduction in ICH External Hospitality: Bidders should be aware that over the next few years there will be a gradual move away from extensive external hospitality at ICH to an increased provision for internal requirements.2.3.8.4VAT: Whilst UCL welcomes a compliant and innovative approach to potentially reducing the unrecoverable VAT costs associated with the provision of Catering Services, the following must be adhered to by all Bidders whilst compiling their Pricing Schedules and the successful Contractor whilst contracted to UCL.A caterer can act as an agent or principal of the client in providing a catering management service, in preparing and serving food and drink to consumers. 1. AgencyThe caterer will be acting as an agent of UCL when it serves a meal to a student but the supply of catering to the student is made by UCL and is therefore exempt by virtue of it being closely linked to the supply of education. Under an Agency agreement UCL would expect that VAT is not charged by the provider on wages of the catering staff employed at the outlet. Under an Agency contract the sales and VAT thereon belong to UCL. VAT should be charged on any management fee plus taxable stock and other services2. PrincipalA caterer can act as a principal in their own right supplying the food and drink directly to the consumers, under an agreement with a client who would normally grant the provider the right to use designated premises or areas and the facilities afforded. In arrangements of this type it is not UCL making the supply of catering to the students and as a result the catering to students does not fall within the exemption.3. Principal and AgentUCL would be interested in exploring the option of a provider operating as both principal and agent under a single contract. A caterer can act as a principal in the purchase of food and drink stocks and other materials and commodities which are first supplied to the client. The caterer then acts as an agent of the client in supplying the prepared food to consumers. In other words a provider may under a single contract operate as both principal (when purchasing food stocks etc) and agent (when supplying it to the final consumer). The caterer will be acting as an agent of UCL when it serves a meal to a student but the supply of catering to the student is made by UCL and is therefore exempt by virtue of it being closely linked to the supply of education. Catering at UCL4. There are a number of catering outlets at UCL, some of which serve predominantly students and some of which serve predominantly or entirely staff. Where the outlet serves predominantly students the sales are treated as exempt for all customers, UCL intend to continue with this.5. Where the education provided to students is exempt from VAT HM Revenue and Customs allow the provider to supply catering services for students exempt from VAT providing there is an agency agreement between provider and the institution. As UCL are seeking to have one provider for the outlets it is important that consideration should be given to the possibility of both Agency and Principal contracts applying within the UCL estate but at different catering outlets.6. Research to date indicates that those outlets which have predominantly student usage are:-RefectoryJB’s CaféEngineering CaféMobile VanSchool of Pharmacy Those outlets where it is understood that the usage is predominantly staff are:-Institute of Child HealthPaul O’Gorman BuildingHousmanTerrace The outlet where staff and student usage are approximately equal is:- 10. Cruciform Building 7. At present UCL make an adjustment quarterly in their VAT Return in respect of the deemed non-student usage of the above catering facilities. UCL requires an exercise to be undertaken each year in October by the catering provider to determine the percentage of non-student usage. The percentages of non-student usage calculated by two of the current catering providers are attached.8. Where there is some student usage but it is not predominant or there is no student usage there is no advantage from a VAT perspective of having an Agency contract. It is only under an Agency contract that sales to students can be VAT exempt, therefore with a Principal contract the element of student usage would not be of relevance.9. The scope of the contract in terms of the number of outlets to be included is not as yet finalised, there are some outlets where their inclusion is not currently anticipated but flexibility may be needed to include these at a later date and there may be outlets where there is some resistance to changing catering provider where flexibility to include these at a later date is also required.10. Vending MachinesThere are vending machines located throughout UCL, some of which are under the main catering contracts and others which are under contract with individual departments. It is anticipated that vending machines will be brought within the new contract wherever possible. Where the vending machines are situated within areas covered by the Agency agreement then the sales will be exempt and these vending machines will need to be included in the calculation of non-student usage. Other vending machines sales will be VAT inclusive.11. UCL will require an analysis of the input tax incurred on the catering contracts in terms of indicating when it was incurred in the making of onward taxable supplies and therefore recoverable. 12. Internal HospitalityWhere there is an Agency contract it would be expected that the VAT cost would have already been passed onto UCL as appropriate through the supply of the providers’ services, as this is not a supply of catering it would be anticipated that not all charges would have attracted VAT. UCL would need to be informed of the input VAT element of the purchases to ensure that this is charged to the appropriate departments. 13. With a principal contract UCL would expect that the Contractor would invoice the value of the supply of catering at an agreed price and VAT would be charged on the full amount. UCL would make a charge to the appropriate departments and would need to be informed of the input VAT incurred in relation to the internal hospitality provision. 14. External HospitalityWith an Agency contract the VAT would already have been passed onto UCL as appropriate through the supply of the providers’ services. The supply of hospitality to outside parties would be treated as a supply by UCL and UCL would need to be informed of the input VAT element of the purchases to ensure that the correct amount of input VAT is recovered with regard to the supply to outside parties. 15. Where there is a principal contract UCL would expect that the Contractor would invoice the value of the supply of catering at an agreed price and VAT would be charged on the full amount. UCL would make a charge to the third parties and would need to be informed of the input VAT incurred in relation to the external hospitality provision. 16. Agency / Principal Status in SummaryThe Preferred VAT Status is indicated below but UCL are receptive to considering alternatives which may potentially reduce the unrecoverable VAT costs associated with the provision of Catering services.Predominantly Student UsageAct as Principal in the purchase of food and drink stocks and other materials and commodities which are first supplied to UCL.Act as Agent in supplying the prepared food to consumers within the Refectory, JB’s Café, Engineering Café, Mobile Van and School of Pharmacy.Predominantly Staff Usage Act as Principal supplying the food and drink directly to the consumers within the Institute of Child Health, Paul O’Gorman Building and Housman Room.Staff and Student Usage are approximately equal Act as Principal supplying the food and drink directly to the consumers within the Cruciform Building.Act as Principal supplying the food and drink directly to the consumers for Hospitality Services.2.3.9Contract Communication i. For UCL, the Contract will be managed locally by the Contract Officer.ii. Monthly operational review meetings will take place with the Contract Officer and the relevant members of the Contractor’s Management Team. These meetings will be attended by the Contractor’s Operations Director or equivalent and the agenda will review:Service Performance Financial progress Contract variations.Health, Safety & EnvironmentImprovements & InnovationsTraining & DevelopmentRecruitment & Retentioniii. The Contractor shall submit a written report to the Contract Officer by the 10thCalendar day of each Month. The report shall include but not be limited to the following information:The management information for the preceding month Financial progress against budgetHealth and safety including accidents and near missesForthcoming events and issuesDetails of staff turnover & training Recommendations for service changes, improvements and innovationIn addition to the above it is expected that the Contractor will establish regular communications with individual customer groups and stakeholders across the UCL Estate for the purposes of planning, feedback and service improvement. 2.3.10Environmental Sustainability2.3.10.1 UCL’s environmental sustainability objectives relating to this Contract are identified in the Environmental Sustainability Strategy for UCL and implemented through the UCL Healthy and Sustainable Food Policy.? The Contractor will familiarise themselves with both documents and as appropriate, contribute to their implementation, on-going revision and development.2.3.10.2UCL is developing its relationship with WRAP (the government’s Waste and Resources Action Programme) and intends to become a signatory to the Hospitality and Food Service Agreement.? It is expected that the Contractor will support this initiative by also becoming a signatory to this agreement.? As part of this programme UCL is committed to the following targets relating to waste management:Promotion of waste reduction by setting a target for waste intensity (kg/fte)Achieve 85% recycling by 2014Continue to send zero waste to landfill The Contractor will contribute to this programme by:Identification and implementation of opportunities for the reduction of food wastesThe identification and implementation of opportunities for other waste reduction (e.g. the minimisation and reuse of packaging, the replacement of disposable cups with rotables etc.)Ensuring that wastes are properly segregated to minimise the contamination of recyclable waste and maximise the opportunities for recycling materials (including the segregation of food wastes for composting or similar)Participation in relevant UCL initiatives (eg Go Green Week, Green Champions events, Green Impact etc) Suggesting activities and initiatives to support the programme2.3.10.3 UCL is committed to reducing its Scope 1, 2 & 3 carbon emissions through the efficient use of energy and water.? The Contractor is expected to contribute to this programme by:Supporting sub-metering initiativesThe selection of high-quality, low water consumption, energy-efficient equipmentTraining of staff in energy and water conservationEfficient programming of catering activities to minimise energy and water consumptionSuggesting activities and initiatives to support the programme2.3.10.4 UCL is committed to reducing its Scope 3 carbon emissions through efficient logistics.? The Contractor is expected to contribute to this programme by:Reducing the number of delivery vehicles by consolidating delivery loadsUsing delivery vehicles to remove packaging for reuseRequiring suppliers to use zero or low emission vehicles for deliveriesUsing zero or low emission vehicles for contract supportSuggesting activities and initiatives to support the programme.2.3.10.5 UCL is committed to establishing long term relationships with SMEs as both suppliers and service providers.? The Contractor is expected to contribute to this programme by:Exploring opportunities to provide diverse offers through relationships with SMEsSupporting SME partners with information and training to ensure compliance with food hygiene and other legislative requirementsEnsuring that SME partners are paid within 30 days of receipt of invoiceSuggesting activities and initiatives to support the programme2.3.10.5 UCL has currently achieved the Food for Life Bronze award with its current contract catering supplier.? The Contractor is expected to contribute to this programme by:Achieving Food for Life Silver award by the start of the 2014 Academic YearThe development of an action plan with associated resource requirements to achieve the Food for Life Gold award.2.3.10.6 UCL currently supports a number of initiatives to promote and enhance the sustainability of its estate and the way in which it is used.? Examples of initiatives include:The development of an environmental sustainability management system up to certification to ISO14001 through the EcoCampus programme.? UCL is currently at Silver award standardParticipation in the Green Impact programme run by the NUSParticipation in the annual People and Planet Green LeagueSupport and promotion of a network of Green ChampionsEngagement with suppliers to understand, measure and improve the sustainability of UCL’s supply chainThe Contactor is expected to contribute to and support these initiatives and to suggest other initiatives that support the UCL Healthy and Sustainable Food Policy and the UCL Environmental Sustainability Strategy.2.3.11Environmental Compliancei. The Contractor will take such steps as are necessary to secure and demonstrate compliance with environmental and other legislation.ii. The Contractor shall not employ any sub-contractor without conducting a compliance audit on that sub-contractor and making a copy of the audit report available to the Contract Officer.iii. The Contactor shall report any breach of legislative requirements by themselves or their sub-contractors as soon as that breach occurs or is reported.2.3.12Health, Safety and Firei. The Contractor will devise and implement a management system to both ensure and to demonstrate that all activities for which they are responsible under this Contract are maintained in compliance with all relevant health, safety and fire legislation. This system shall also ensure the compliance of any/all sub-contractors that might be employed in order to fulfil this Contract.ii. The Contractor shall ensure that copies of all relevant health, safety and fire documentation, including risk assessments, method statements and records are available on-site and is to co-operate with the Contract Officer to provide access to records, including inspection of any safety or maintenance documentation and any other information obtained by the Contractor as a result of the contract operation.iii. Any accidents or breaches of health, safety and fire procedure associated with this Contract (and ensuing sub-contracts) must be reported immediately to the Contract Officer and be promptly and properly investigated. Full details of the accident must be reported using the UCL Risknet system which will be made available to the Contractor.iv. All relevant health and safety training must be given to Contractor’s staff to match their role in the workplace. Training records must be available for inspection by the Contract Officer. The Contractor shall be responsible for the first aid provision for their staff and their sub-contractors.v. The Contractor will appoint such persons and provide such training as is required to comply with the UCL Fire Safety Management Policy in general, and, specifically, UCL’s procedures to ensure compliance with the Regulatory Reform (Fire Safety) Order 2005.vi. Fire Safety: The contractor must comply with both the requirement of the Fire Safety Order 2005 and all UCL Fire Safety Policies and Standards.? In particular staff initial and on-going fire training, sufficient numbers of company staff trained as UCL Fire Evacuation Marshals (FEMs) and general housekeeping and fire prevention measures.? The Contractor is to provide regular Fire Risk Assessments (FRA) as UCL Tenants; as required under the Fire Safety Order 2005.? All copies of FRA and other fire safety records information exchanged between Company and UCL. 2.3.13Security The security of its premises and rooms is of paramount importance to UCL and the Contractor must at all times uphold the safety of staff, students and visitors to UCL.i. Keys and other access systems for locked areas will be issued to the Contractor by UCL Security for the sole purpose of undertaking support services as described in this specification.ii. Staff are only to access those areas where they are required to undertake duties as specified in this Contract.iii. Staff are not to leave rooms open and unattended (rooms are to be opened, serviced and then re-locked one at a time).? Keys must never be left unattended, especially in door locks.? The Contractor shall be held fully responsible for loss or theft owing to negligence in maintaining security. iv. The Contractor shall take great care of any keys, access codes or other security devices committed to its possession.? No additional labels or marks shall be attached to keys or security devices in order that it shall not be possible to identify the building protected by the keys or security devices.? Access codes shall be made known only to those members of staff who require them in order to perform their duties.? Access codes must not be revealed to any third party.v. ID cards and passes: The Contractor will be responsible for ensuring the issue of individual UCL photo identity ID cards or passes to each of their staff and/or sub- contractors and for the subsequent care of such ID cards or passes.vi. All ID cards/passes will be displayed by staff/sub-contractors at all times when on or around UCL premises.vii. ID cards/passes must be shown if requested.vii. The Contractor must advise UCL Security Access Systems of any loss, and of any persons leaving their employment. Passes no longer required are to be immediately returned to UCL Security Systems.? 2.4Catering Contractor’s Responsibilities 2.4.1The catering offers will be agreed with the successful Bidder and the quality must reflect the descriptions/illustrations given in the Bidders Invitation to Tender response documentation and demonstrated on visits and/or by examples. The proposed catering offers must be capable of being delivered successfully within the constraints of space, facilities and services. The quality, freshness and presentation of food should be consistent throughout the service times.2.4.2The Contractor will not substantially alter any of the agreed service provisions, opening hours, tariff prices, styles of operation or any core menu without the written agreement of the Contract Officer. This must include the way in which all services are agreed to be produced and delivered to UCL throughout the period of the Contract.2.4.3Throughout the contract period, the Contractor shall develop menus that offer a variety of foods to avoid "menu fatigue" or boredom on the part of customers and that respond to changes in fashion and taste. If there is a repeated menu cycle, it must be sufficiently long to avoid "menu fatigue" or boredom. This is essential for Hospitality services also when delegates and guests may be having a finger buffet for five days running.2.4.4The Client reserves the right, at its own discretion and at no cost to the Client, to remove any items on sale that are deemed unsatisfactory or inappropriate. 2.4.5Throughout the contract period, seasonal and locally-produced fresh produce shall be used in preference to frozen, tinned, dried, or otherwise preserved foodstuff. Evidence of such must be made available to the Contract Officer upon request.2.4.6The Contractor shall be aware of all potentially harmful additives and preservatives and ensure that the composition of dishes excludes such additions. Any items for sale that may affect customers with allergies and intolerances must be highlighted at all times, including Hospitality provisions.2.4.7All reasonable specific dietary requests should be accommodated and notified to customers at point of sale wherever possible in a sympathetic and professional manner e.g. requests for vegan meals, Halal products.2.4.8UCL supports healthy eating and it is an expectation that the successful Bidder will support UCL with any health and well-being programmes that occur and will commit to achieving any healthy eating accreditations as deemed appropriate. It is an absolute requirement that the Contractor adheres to UCL’s Sustainable Food Policy at all times as a minimum whilst assisting UCL in the development of the Policy.2.4.9UCL has FAIRTRADE accreditation, it supports fair trade and it is expected that Bidders will demonstrate their experience in providing fair trade products as appropriate. Fair trade tea and coffee must be available at every catering outlet / offer. Fair trade retail items i.e. biscuits and chocolate must also be available at all catering outlets. All non-cost prohibitive opportunities to support and promote FAIRTRADE must be explored at all times as appropriate e.g. catering staff uniforms.2.4.10The Contractor must ensure the prompt and efficient preparation and service of all meals at the required times to the satisfaction of the Client and customers.2.4.11The Contractor must maintain and review core and hospitality services menus on a regular basis, demonstrating seasonal changes in the menu.2.4.12The Contractor must provide as a minimum a termly menu cycle prior to the commencement of each term as appropriate for each catering outlet.2.4.13The Contractor shall canvass regular feedback from all customers using all reasonable and appropriate channels, consolidate findings and report back to the Client with any corrective actions and/or service innovations identified as part of the monthly review process. 2.4.14The Contractor must provide for any catering functions or events as required (some of which may occur outside normal working hours) and ensure they are completed to an agreed standard. Any customers placing orders for special functions will be given the opportunity after the event to formally record their satisfaction level and this information will be included in the regular monitoring of the Contract. 2.4.15The Contractor must fully cost all UCL special events and obtain the agreement of the Client in advance, offering sampling of the planned food offer as appropriate at no charge to the event client. 2.4.16The Contractor will have full responsibility for ensuring the appropriate ad hoc and permanent Liquor Licences are obtained to allow the supply of intoxicating liquor on UCL premises, whether at special functions or otherwise. The Contractor must comply with all legislation as required and ensure that all their obligations and training requirements are met at all times. 2.4.17The Contractor will take all reasonable precautions to prevent damage to UCL premises and loss of or damage to UCL property and equipment by its employees, agents or sub-contractors and to minimise any damage which may occur.2.4.18The Contractor will take all reasonable precautions to prevent injury to any UCL employee, student, visitor, agent or sub-contractor by the actions of any of its employees, agents or sub-contractors.2.4.19The Contractor will comply with all fire instructions from time to time issued by the Client, and will not interfere with or remove any fire fighting apparatus (save in the time of an emergency) without the written consent of the Client. 2.4.20The Contractor will dispose of all waste in accordance with all current and future UK legislation and regulations to UCL designated locations for uplift through the UCL waste contract. 2.4.21The Contractor must comply with UCL’s Environmental Sustainability Policy and sustainability initiatives in a proactive manner. These can be viewed on the UCL’s web site. The Contractor must regularly offer sustainability initiatives for consideration by the Client including carbon and waste reduction.2.4.22The Contractor is responsible for providing suitable transport to provide the catering and hospitality services across the UCL estate. All associated current legislation necessary to provide such transport is the responsibility of the Contractor together with all associated costs of this provision. Any vehicles should be as environmentally friendly as possible whilst not being unreasonable in costs. 2.4.23The Contractor will strictly comply with any statutory regulations (whether or not binding on UCL) which govern the storage of petrol, fuel, oil, chemicals and other materials brought to the Campuses by the Contractor. The Contractor must supply risk assessments and have written approval by the Client prior to bringing any hazardous materials on to Client premises.2.4.24The Contractor will ensure the timely and efficient cleaning of all designated catering areas.2.4.25The Contractor will monitor all aspects of hygiene and food safety to ensure practices are maintained to the standard required by current legislation. The Client must be informed immediately when Local Council Environmental Health Officers are on UCL’s premises.2.4.26The Contractor will be responsible to the Client for compliance with and enforcement of UCL’s health, safety and fire policies and procedures required and all applicable legislation; and for conducting and reporting on a compliance audit on a monthly basis. 2.4.27The Contractor will ensure that all staff are inducted and then regularly trained according to all applicable statutory requirements, industry best practice and any relevant UCL Policies.2.4.28The Contractor shall provide information on a quarterly basis as to how equality and diversity is delivered in the catering services provided to customers and in relation to its staff in respect of: people from different ethnic backgrounds, people with disabilities, people with different religious beliefs, gender, sexual orientation and age.2.4.29The Contract Officer will require that an Account/Area Manager has responsibility for this Contract and the Contractor must ensure that such a Manager is provided and is regularly and directly involved in the operation.2.4.30Full Monthly, Quarter & Annual trading reports and back-up information detailing ALL variances to budget must be prepared by the Contractor in a timely manner and submitted to the Contract Officer. 2.4.31The Contractor must produce a monthly consumption analysis of all food and associated produce used in the provision of the services. This will form part of the on-going performance monitoring by the Contract Officer.2.4.32The Contractor must produce a monthly report which provides a sales analysis, customer satisfaction reports and complaints, reports on food safety issues and general safety issues, and proposed service developments including an update on performance objectives. A report against UCL’s Sustainable Food Policy and other environmental sustainability initiatives is also required. These reports will form part of the formal monthly review process. 2.4.33The Contractor must show innovation at all times in relation to the latest trends and developments in food service provision and these should be promoted at the monthly review prior to implementation once agreed in writing by the Contract Officer. 2.4.34Where the Contractor is acting as principal and agent the Contractor is expected to own the stock of consumables as principal for the purpose of Vat responsibility. The stock will be ‘sold’ to UCL as and when it is utilised and at the latest immediately prior to the product being sold to the students or staff. The above ensures the effective treatment of VAT with the Contractor acting as both agent and principal. Where the Contractor is acting only as principal the Contractor must own all the stock at the time of the supply to the consumer. Where the Contractor is acting only as agent the Contractor does not own the stock.2.4.35A business plan and budget must be produced by the Contractor annually in February (Commencing February 2015) and presented to the Contract Officer by the end of March. The plan should include budget details for the forthcoming financial year with an overview of the previous twelve months and an action plan for the immediate future, including investment proposals and priorities. A forecast outturn for the remainder of the current Financial Year is also required. The catering budget will run from 1st August to 31st July. 2.4.36 It is a requirement of the Contract that the Contractor must trade the catering account to match UCL’s academic year i.e. August will be Period 1.2.4.37The Contract will operate under all UK legislation and the Client regulations such as those relating to Health and Safety policies. The Contractor will comply with all relevant legislation and will work with the Client in all such areas in a constructive and progressive manner.2.4.38The Contractor will work in conjunction with UCL on their programme for ISO 27001 (ISMS Security) compliance. The Contractor will comply with any associated ISO 27001 controls created by UCL, which could involve auditing requirements.2.4.39The Contractor must gain an external accreditation such as Hospitality Assured or similar within the first year of the Contract for the provision of Hospitality Services throughout UCL. This accreditation must be maintained throughout the Contract tenure.2.4.40 All catering staff, sub-contractors and Agency staff employed by the Contractor must have complete and up to date Right to Work in the UK documentation.2.4.41There is currently not a requirement for Contractor’s staff to be CRB checked. If this does become a requirement then this will be a Contractor’s cost and responsibility to ensure relevant compliance.2.4.42Support staff employed by the Contractor will be able to enter relevant UCL premises at any time and will have access to all designated catering areas subject to local arrangements and adherence to the Food Hygiene Regulations. 2.4.43The Contractor will have a suitable number of trained First Aiders within its catering team and will be responsible for any associated training costs.2.4.44Protective clothing: normal industry practice must be followed in relation to uniform regulations and dress code for the Catering Team. All uniforms must be approved in writing by the Contract Officer. Wherever possible employee uniforms should be Fairtrade. 2.4.45The Contractor will be responsible for the safe keeping of all cash from catering sales received from customers at UCL and for a safe and secure cash collection service through a qualified and professional Company. The Contractor can initially have use of UCL owned safes currently located in the Catering Office at the Wilkins Building, School of Pharmacy, ICH and the Wolfson Centre. Any additional new or replacement safes required during the Contract tenure will be a Contractor’s responsibility.2.4.46The Contractor will be responsible for cleaning in all the kitchen areas up to a height of two metres, for ensuring dining and seating areas floors, tables and chairs are clean during all service times. All kitchens and related catering areas are to be cleaned daily after use to a very high standard which represents industry best practice. 2.4.47In a very timely manner, the Contractor will be responsible for the collection of all catering related equipment, dishes, disposables etc. from all meeting rooms and service areas when hospitality services have been delivered by the Contractor. Close liaison with the UCL cleaning contractor is essential in order that rooms and areas used can quickly be turned around if required.2.4.48The Contractor is responsible for the annual deep cleaning of all the kitchen areas including all canopies, ventilation grills and all the servery areas. The extract ducting beyond the ventilation grills is a Client’s responsibility. To comply with the UCL’s Insurance Policy the metal filters must be cleaned once per week by the Contractor. Appropriate records must be maintained for filter cleaning and provided to the Contract Officer.2.4.49The dining areas daily floor cleaning and periodic buffing is the full responsibility of the Client with routine sweeping and mopping the responsibility of the Contractor during service period2.4.50 The Contractor must identify to the Contract Officer any building or building fabric defects immediately that could cause a food hygiene or health and safety related issue. These reports must be made using the appropriate reporting system depending and relevant to the actual location. All other such defects must be reported in writing within 24 hours of the defect being identified. 2.4.51Light equipment replacement is the responsibility of the Contractor. Initial stocks at the Contract hand-over may require topping up for the full service provision at that time. The Contractor must provide an appropriate number of items of cutlery and crockery at all times with disposables only being available for customers who take away their purchases. Any costs for equipment regarding new service initiatives for core services or hospitality services will be the responsibility of the Contractor together with on-going replacement. 2.4.52The Contractors’ catering staff will have access to changing rooms within the Client’s facilities at the Wilkins Building, ICH and School of Pharmacy. There are no catering staff changing facilities at the Cruciform or Paul O’Gorman buildings.2.4.53The Contractor is responsible for the security of the catering related accommodation. A procedure for the control of all keys will be agreed in writing with the Contract Officer and rigorously implemented. Any theft / loss or damage, including replacement locks and keys, will be a Contractors liability when Contractor employees are responsible for the loss of keys.2.4.54The Contractor is responsible for all necessary broadband and telephone costs (new lines, line rental and operating costs) wherever required across the UCL estate except at the allocated desk within Torrington Place.2.4.55The Contractor should offer employment positions to UCL students and local Camden residents whenever possible as a first option when recruiting. Evidence of this policy will be required at the monthly review meeting with the Client.2.4.56It is an absolute requirement that the Contractor will provide their employees with the London Living Wage rate as a minimum. Proposals for the delivery of this requirement are requested at Schedule 4, point 2a.2.4.57The Contractor must offer to all staff, as a minimum, the right to a Workplace Pension Scheme.2.4.58The Contractor will have use of one desk within the Facilities Department at 1-19 Torrington Place. Other suitable office accommodation will be provided by UCL as close to the main Refectory as possible. Catering offices are also located at ICH and the School of Pharmacy. All PC’s, printers (and their consumables), laptops and mobile phones required to provide the services are a Contractor’s responsibility.Pricing Schedules Please read carefully the instructions below: Bidders are required to complete the Pricing Schedules below which are contained in Excel format within the accompanying compressed folders. These costs will form the basis of the Tender submission. Bidders must not alter the layout or any pre inserted figures within any of the Pricing Schedules under any circumstances. To assist in accurate completion Pricing Schedules 3a to 3l and 3n are formatted with the appropriate simple formula. The individual sheets are however not linked to each other.All prices shall be stated in pounds sterling and identify the appropriate VAT cost where identified.All Pricing Schedules are to be submitted in hard copy format within Tender response documents and also within the soft copy response returned.UCL currently receives a healthy financial return from the provision of catering services and it is an expectation that this will be continued. Within Pricing Schedules 3d, 3h, 3l and 3n Bidders must complete the Pricing Schedules accordingly so that the Contractor is incentivised to drive sales and control costs whilst providing world class catering services.Any quoted Management Fees within the Pricing Schedules must be fully inclusive of all Contractor’s operating costs such as, but not limited to: insurance charges, payroll administration, training, any allocated charges and HSE audits etc. These costs must not appear within any Pricing Schedule as separate cost lines.Decimal points are only to be used within Pricing Schedules 3o, 3p, 3q, 3r (labour pricing) and 3u (tariff pricing).Budget Hospitality incomes are provided within Pricing Schedules 3a, 3b and 3c which cannot be guaranteed by UCL. Bidders must utilise these figures within these Pricing Schedules and must detail how any financial returns whether guaranteed or not, will be affected by the financial performance of the Hospitality services. Pricing Schedule 3o is to detail the on-site central management and administration labour costs necessary to support the Contract. This total cost has to be apportioned across Pricing Schedules 3p, 3q and 3r as detailed within the labour schedules.The three labour Pricing Schedules 3p, 3q and 3r are to be used to input the total labour costs within Pricing Schedules 3a, 3b and 3c. The labour schedules are for 12 months. Therefore only 50% of the appropriate total labour cost should be applied to Pricing Schedules 3a, 3b and 3c. Labour costs within the Pricing Schedule are to be allocated per trading outlet or service as a % of the total sales.Labour costs and all Pricing Schedules must take into account the effect of the Government Workplace Pension legislation which is now in force, detailing the effect and calculations made within the labour Pricing Schedules.Pricing Schedules will be revised and agreed as and when necessary subject to any changes in the London Living Wage rate (LLWr). It is an expectation that any increases in the LLWr, normally October each year, will be managed by the Contractor following industry best practice.Only existing Chartwells employees currently benefit from (LLWr). The TUPE information supplied reflects rates of pay as at September 2013. As from the Contract Commencement Date all catering employees at UCL including any Agency staff must be paid LLWr as a minimum. It is a requirement of the Contract that any sub-contractors required to perform the services on behalf of and managed by the Contractor are also paid the appropriate LLWr.Any re-branding costs for the existing Refectory from January 2014 to facility closure will be a Contractor’s responsibility.Please indicate separate to any Pricing Schedule if any mobilisation costs are to be borne by UCL together with any breakdown of such costs.A proposal for financial investment by the Bidder is required at Pricing Schedule 3s. This should indicate what is offered, details (with budget sums) of where and when you suggest monies are spent. As previously detailed through the dialogue period any expenditure should focus on the provision of light equipment, food service branding, EPOS systems and a full or part financial contribution towards the temporary facilities required during the main kitchen and refectory refurbishment such as the facilities necessary within the Old Refectory, JBR and JBR kitchen.Any financial investment proposed must not be depreciated through the trading accounts.Bidders must ensure that all unrecoverable VAT costs are clearly identified within the relevant Pricing Schedules. All allocation of such costs is to be based on Pricing Schedule 3m. Please confirm that your Company will adhere to the VAT trading conditions as detailed previously at 2.3.8.4.Within Pricing Schedule 3u Bidders must provide 3 alternative tariffs for core services only to the existing Bloomsbury tariff which is detailed within the Pricing Schedule. All options for Pricing Schedule 3u are to be based on Pricing Schedule 3h for the period August 2014 to July 2015.Option A: The proposed tariffs which would result in a trading break even position with UCL then having the unrecoverable VAT cost as a liability.Option B: The proposed tariffs which would result in a trading break even position including the unrecoverable VAT cost i.e. cost neutral to UCL.Option C: The proposed tariffs which would result in a financial return to UCL after the unrecoverable VAT cost has been accounted for.Draft Terms and Conditions of Contract are contained at Schedule 5. Within Pricing Schedule 3t please detail any specific points within these conditions that your organisation will not accept or on which further negotiation is required. In the latter case, please detail what would be acceptable to your organisation. Please note that UCL is expecting no substantive amendments to the form of the Contract. Any proposed changes or amendments should be minor in nature and not have the effect of modifying substantial aspects of the Contract.Pricing Schedule 3a Financial Forecast February 2014 to July 2014 for Bloomsbury ?RefectoryEngineeringJB'sHousmanCruciformPaul O'GormanMegaVanVending & Costa Hospitality inc. TerraceSummer BusinessTOTALSSales Income??????880,000190,0001,070,000Cost of Sales??????????0Gross Margin00000000880,000190,0001,070,000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!100.0%100.0%#DIV/0!50% of total labour cost from Schedule 3p allocated as % of sales??????????0Overheads??????????Disposables??????????0Cleaning Materials??????????0Uniforms inc. safety shoes??????????0Laundry Costs??????????0Coffee Machines??????????0Stationery ??????????0Vivreau Water CostsN/AN/AN/AN/AN/AN/AN/AN/A?N/A0Light Equip. Replacement??????????0Annual Deep Clean (1)??????????0All Licence Costs?????????0First Aid Costs??????????0Cash Collection/Banking??????????0EPOS / Tills??????????0Telephone/Broadband??????????0IT Costs (PC's / printers)?????????0Marketing??????????0Any Other Overheads??????????0Total Overhead Cost00000000000Management Fee??????????0Catering -Subsidy/Return00000000880,000190,0001,070,000Pricing Schedule 3b Financial Forecast February 2014 to July 2014 for Institute of Child Health?RefectoryCoffee ShopVending Hospitality Wolfson Cash SalesWolfson HospitalityTOTALSSales Income??278,000?10,000278,000Cost of Sales??????0Gross Margin000278,000010,000278,000GP %#DIV/0!#DIV/0!#DIV/0!100.0%#DIV/0!100.0%#DIV/0!50% of total labour cost from Schedule 3p allocated as % of sales??????0Overheads??????Disposables??????0Cleaning Materials??????0Uniforms inc. safety shoes??????0Laundry Costs??????0Coffee Machines??????0Stationery ??????0Vivreau Water CostsN/AN/AN/A?N/A?0Light Equip. Replacement??????0Annual Deep Clean (1)??????0All Licence Costs?????0First Aid Costs??????0Cash Collection/Banking??????0EPOS / Tills??????0Telephone/Broadband??????0IT Costs (PC's / printers)?????0Marketing??????0Any Other Overheads??????0Total Overhead Cost0000000Management Fee??????0Catering -Subsidy/Return000278,000010,000278,000Pricing Schedule 3c Financial Forecast February 2014 to July 2014 for School of Pharmacy?RefectoryVending HospitalityTOTALSSales Income??30,00030,000Cost of Sales???0Gross Margin0030,00030,000GP %#DIV/0!#DIV/0!100.0%#DIV/0!50% of total labour cost from Schedule 3p allocated as % of sales???0Overheads????Disposables???0Cleaning Materials???0Uniforms inc. safety shoes???0Laundry Costs???0Coffee Machines???0Stationery ???0Light Equip. Replacement???0Annual Deep Clean (1)???0All Licence Costs???0First Aid Costs???0Cash Collection/Banking???0EPOS / Tills???0Telephone/Broadband???0IT Costs (PC's / printers)???0Marketing???0Any Other Overheads???0Total Overhead Cost0000Management Fee???0Catering -Subsidy/Return0030,00030,000Pricing Schedule 3d Financial Forecast February 2014 to July 2014 Total Catering Operation?Bloomsbury as Schedule 3aICH as Schedule 3bPharmacy as Schedule 3cTOTALSSales Income??0Cost of Sales???0Gross Margin0000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total Labour Cost???0Total Overhead Cost???0Management Fee???0Catering -Subsidy / Return0000UCL Guaranteed Return if any???0UCL Variable Return if any???0Contractor Variable Return if any???0Total UCL Return0000Less projected unrecoverable VAT cost as per Schedule 3m???0Net UCL projected return0000Pricing Schedule 3e Financial Forecast August 2014 to July 2015 for Bloomsbury ?Temporary RefectoryEngineeringJB'sHousmanCruciformPaul O'GormanMegaVanVending & Costa Hospitality Summer BusinessTOTALSSales Income????????0Cost of Sales??????????0Gross Margin00000000000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total labour cost allocated as % of sales??????????0Overheads??????????Disposables??????????0Cleaning Materials??????????0Uniforms inc. safety shoes??????????0Laundry Costs??????????0Coffee Machines??????????0Stationery ??????????0Vivreau Water CostsN/AN/AN/AN/AN/AN/AN/AN/A?N/A0Light Equip. Replacement??????????0Annual Deep Cleans (2)??????????0All Licence Costs?????????0First Aid Costs??????????0Cash Collection/Banking??????????0EPOS / Tills??????????0Telephone/Broadband??????????0IT Costs (PC's / printers)?????????0Marketing??????????0Any Other Overheads??????????0Total Overhead Cost00000000000Management Fee??????????0Catering -Subsidy/Return00000000000Pricing Schedule 3f Financial Forecast August 2014 to July 2015 for Institute of Child Health?RefectoryCoffee ShopVending Hospitality Wolfson Cash SalesWolfson HospitalityTOTALSSales Income?????0Cost of Sales??????0Gross Margin0000000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total labour cost allocated as % of sales??????0Overheads??????Disposables??????0Cleaning Materials??????0Uniforms inc. safety shoes??????0Laundry Costs??????0Coffee Machines??????0Stationery ??????0Vivreau Water CostsN/AN/AN/A?N/A?0Light Equip. Replacement??????0Annual Deep Cleans (2)??????0All Licence Costs?????0First Aid Costs??????0Cash Collection/Banking??????0EPOS / Tills??????0Telephone/Broadband??????0IT Costs (PC's / printers)?????0Marketing??????0Any Other Overheads??????0Total Overhead Cost0000000Management Fee??????0Catering -Subsidy/Return0000000Pricing Schedule 3g Financial Forecast August 2014 to July 2015 for School of Pharmacy?RefectoryVending HospitalityTOTALSSales Income???0Cost of Sales???0Gross Margin0000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total labour cost allocated as % of sales???0Overheads????Disposables???0Cleaning Materials???0Uniforms inc. safety shoes???0Laundry Costs???0Coffee Machines???0Stationery ???0Light Equip. Replacement???0Annual Deep Cleans (2)???0All Licence Costs???0First Aid Costs???0Cash Collection/Banking???0EPOS / Tills???0Telephone/Broadband???0IT Costs (PC's / printers)???0Marketing???0Any Other Overheads???0Total Overhead Cost0000Management Fee???0Catering -Subsidy/Return0000Pricing Schedule 3h Financial Forecast August 2014 to July 2015 Total Catering Operation?Bloomsbury as Schedule 3eICH as Schedule 3fPharmacy as Schedule 3gTOTALSSales Income??0Cost of Sales???0Gross Margin0000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total Labour Cost???0Total Overhead Cost???0Management Fee???0Catering -Subsidy / Return0000UCL Guaranteed Return if any???0UCL Variable Return if any???0Contractor Variable Return if any???0Total UCL Return0000Less projected unrecoverable VAT cost as per Schedule 3m???0Net UCL projected return0000Pricing Schedule 3i Financial Forecast August 2015 to July 2016 for Bloomsbury ?New RefectoryEngineeringJB'sHousmanCruciformPaul O'GormanMegaVanVending & Costa Hospitality Summer BusinessTOTALSSales Income????????0Cost of Sales??????????0Gross Margin00000000000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total labour cost allocated as % of sales??????????0Overheads??????????Disposables??????????0Cleaning Materials??????????0Uniforms inc. safety shoes??????????0Laundry Costs??????????0Coffee Machines??????????0Stationery ??????????0Vivreau Water CostsN/AN/AN/AN/AN/AN/AN/AN/A?N/A0Light Equip. Replacement??????????0Annual Deep Cleans (2)??????????0All Licence Costs?????????0First Aid Costs??????????0Cash Collection/Banking??????????0EPOS / Tills??????????0Telephone/Broadband??????????0IT Costs (PC's / printers)?????????0Marketing??????????0Any Other Overheads??????????0Total Overhead Cost00000000000Management Fee??????????0Catering -Subsidy/Return00000000000Pricing Schedule 3j Financial Forecast August 2015 to July 2016 for Institute of Child Health?RefectoryCoffee ShopVending Hospitality Wolfson Cash SalesWolfson HospitalityTOTALSSales Income?????0Cost of Sales??????0Gross Margin0000000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total labour cost allocated as % of sales??????0Overheads??????Disposables??????0Cleaning Materials??????0Uniforms inc. safety shoes??????0Laundry Costs??????0Coffee Machines??????0Stationery ??????0Vivreau Water CostsN/AN/AN/A?N/A?0Light Equip. Replacement??????0Annual Deep Cleans (2)??????0All Licence Costs?????0First Aid Costs??????0Cash Collection/Banking??????0EPOS / Tills??????0Telephone/Broadband??????0IT Costs (PC's / printers)?????0Marketing??????0Any Other Overheads??????0Total Overhead Cost0000000Management Fee??????0Catering -Subsidy/Return0000000Pricing Schedule 3k Financial Forecast August 2015 to July 2016 for School of Pharmacy?RefectoryVending HospitalityTOTALSSales Income???0Cost of Sales???0Gross Margin0000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total labour cost allocated as % of sales???0Overheads????Disposables???0Cleaning Materials???0Uniforms inc. safety shoes???0Laundry Costs???0Coffee Machines???0Stationery ???0Light Equip. Replacement???0Annual Deep Cleans (2)???0All Licence Costs???0First Aid Costs???0Cash Collection/Banking???0EPOS / Tills???0Telephone/Broadband???0IT Costs (PC's / printers)???0Marketing???0Any Other Overheads???0Total Overhead Cost0000Management Fee???0Catering -Subsidy/Return0000Pricing Schedule 3l Financial Forecast August 2015 to July 2016 Total Catering Operation?Bloomsbury as Schedule 3iICH as Schedule 3jPharmacy as Schedule 3kTOTALSSales Income??0Cost of Sales???0Gross Margin0000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total Labour Cost???0Total Overhead Cost???0Management Fee???0Catering -Subsidy / Return0000UCL Guaranteed Return if any???0UCL Variable Return if any???0Contractor Variable Return if any???0Total UCL Return0000Less projected unrecoverable VAT cost as per Schedule 3m???0Net UCL projected return0000Pricing Schedule 3m Unrecoverable Vat BreakdownPlease confirm that your Company can and will comply with the UCL VAT trading position as detailed at point 2.3.8.4 of the ITT documentation. Bidders must clearly demonstrate how the unrecoverable VAT costs have been projected within Schedules 3d, 3h, 3l and 3n. This must include apportionment to VAT on expenses, management fee, sales if applicable, cost of sales and any other. The total projected VAT cost must be reflected in Schedules 3d, 3h, 3l and 3n.Pricing Schedule 3n Financial Forecast February 2014 to July 2019 Total Catering OperationTOTAL TRADING Feb 14 - July 14Aug 14 - July 15Aug 15 - July 16Aug 16 - July 17Aug 17 - July 18Aug 18 - July 19TOTAL? Schedule 3dSchedule 3hSchedule 3l?OptionOption?Sales Income????0Cost of Sales??????0Gross Margin0000000GP %#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!Total Labour Cost??????0Total Overhead Cost??????0Management Fee??????0Catering -Subsidy / Return0000000UCL Guaranteed Return if any????0UCL Variable Return if any??????0Contractor Variable Return if any??????0Total UCL Return0000000Less projected unrecoverable VAT cost as per Schedule 3m*??????0Net UCL projected return0000000Please detail ALL supporting rationale used in preparing the above figures* For August 2016 to July 2019 the VAT costs must be based on previously stated rational within Schedule 3m.Pricing Schedule 3o Central Management and Administration Labour Costs Based on Full YearPositionHours per WeekRate of PayWeekly PayPaid WeeksAnnual Cost???????????????????????????????????????????????????????????????????????????????????????????????????Total weekly hours?N/AN/AN/AN/ASub Total???National Insurance?????Sickness Allowance?????Any Holiday Pay??Life Assurance Costs?????Pension if applicable??Any pay award?????Total Annual Labour Cost*?????*These total costs to be apportioned across Schedules 3p, 3q and 3r accordingly.Pricing Schedule 3p Bloomsbury Labour Costs Based on Full YearPosition*Hours per WeekRate of PayWeekly PayPaid WeeksAnnual CostMain Refectory???????????????????Engineering????????????????????JB's????????????????????Housman????????????????????Cruciform????????????????????Paul O'Gorman???????????????????Hospitality???????????????????Pool Team???????????????????????????????Total weekly hours?????Sub Total???National Insurance?????Sickness Allowance?????Any Holiday Pay??Life Assurance Costs?????Pension if applicable??Any pay award?????Management/Administration allocation from Schedule 3o??????Total Annual Labour Cost?????* Where positions are allocated then please place position under outlets: Main Refectory, Engineering,JB's, Housman, Cruciform, Paul O'Gorman and Hospitality. Non-allocated employees should be allocatedunder Pool Team.Pricing Schedule 3q ICH Labour Costs Based on Full YearPosition*Hours per WeekRate of PayWeekly PayPaid WeeksAnnual CostMain Refectory??????????????????????????Coffee Bar???????????????????????????Hospitality???????????????????????????Wolfson Centre???????????????????????????Pool Team?????????????????????????????Total weekly hours?????Sub Total???National Insurance?????Sickness Allowance?????Any Holiday Pay??Life Assurance Costs?????Pension if applicable??Any pay award?????Management/Administration allocation from Schedule 3o??????Total Annual Labour Cost?????* Where positions are allocated then please place position under outlets: Main Refectory, Coffee Bar,Hospitality and Wolfson Centre. Non-allocated employees should be allocated under Pool Team.Pricing Schedule 3r Pharmacy Labour Costs Based on Full YearPositionHours per WeekRate of PayWeekly PayPaid WeeksAnnual Cost????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????Total weekly hours?????Sub Total???National Insurance?????Sickness Allowance?????Any Holiday Pay??Life Assurance Costs?????Pension if applicable??Any pay award?????Management/Administration allocation from Schedule 3o??????Total Annual Labour Cost?????Pricing Schedule 3s Bidder's Financial Investment OfferedPlease provide details of your proposed financial investment as per point 13 of the pricing notes. Any investment should focus on the provision of light equipment, food service branding, EPOS system and a contribution towards the costs for temporary facilities during the refurbishment period.Pricing Schedule 3t Bidder's Contract ExceptionsDraft Terms and Conditions of Contract are contained at Schedule 5. Please detail below any specific points within these conditions that your organisation will not accept or on which further negotiation is required. In the latter case, please detail what would be acceptable to your organisation. Pricing Schedule 3u Tariff OptionsExisting Bloomsbury TariffFor Option A Break-even Excluding VATFor Option B Break-even Including VATFor Option C Return After VAT CostBreakfast Items5 Item breakfast?2.75Bacon sandwich (2 rashers)?1.75Sausage ?0.60100gm Cereal bowl?1.20Fried Egg?0.502 Hash browns?0.90Baked Beans?0.45Slice toast + butter?0.30Hot Drinks (16 oz)Branded Cappucino?2.10Branded Americano?1.80Hot Chocolate?2.10Tea?1.20Lunch ItemsSoup & roll?1.75Main Meal inc. veg & pots?4.25Vegetarian Meal inc. veg & pots?3.80Salad Box ?2.50Panini averge?3.60BLT baguette?3.75Egg & bacon baguette?2.50Tuna mayo baguette?2.80Baked Potato / butter?1.206 oz cheese pot?1.00Portion of Vegetables?1.10Potatoes / chips?1.30Fresh fruit piece?0.50Retail ItemsTray bake?1.70Muffin ?1.85Walkers Crisps?0.65Mars bar?0.60Buxton water?0.85Innocent smoothie?2.05Red Bull?1.69PET Bottle Drink?1.40Average % tariff movementN/AProjected VAT Cost*N/AProjected UCL Return*N/AN/AN/ANote:*To be based on Schedule 3h Total Sales August 14 to July 15Qualitative Responses Schedule 1.Appointment ProgrammeOutline what action you would take to ensure a smooth opening in the event of your company being awarded the Contract. Please enclose a detailed mobilisation plan in support of your programme. This should highlight any challenges and risks that could be expected which may restrict a successful transition. This response should include but not be limited to:IT infrastructureDeliveriesEquipmentExisting hospitality bookingsCommunication planDue diligenceb.Please confirm your organisation’s acceptance to act in accordance with the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) (as they may be amended from time to time). Please submit a programme outlining how the transfer will be managed and indicating if UCL will require submitting further information or taking any part in the process.c.Please detail your organisation’s requirement of the transitional assistance to be required from the Client and the incumbent service providers.d.Provide a summary business plan for the first year of operation detailing reviews to be carried out, qualitative and financial objectives to be set and proposals for ensuring objectives are attained. 2. Contract Management and Team ResourcesAll catering staff are to receive the London Living Wage rate (LLWr) as a minimum from Contract commencement. Please detail fully your Company’s approach to this and the incremental effect on all grades and the projected increase in annual labour costs year on year. Any innovations or case studies on this topic are welcome to support your rational. The financial implications of the LLWr are to be included within your Pricing Schedules.Please provide the on-site structure for all management, supervisory and administration positions that will be employed permanently across the UCL estate. Please clearly identify any new positions.Provide a management structure for all field-based staff that would support the contract and include profiles of Operations/Area Manager and Director or equivalent. Please detail the frequency and depth of their planned involvement in this contract. Please also specify the normal work locations(s) where these individuals are based. Please provide full details of how both core services and hospitality services will be delivered to a high standard during the Wilkins Building refurbishment. As a minimum this must include:The style of services to be provided and from where Where the above food storage, preparation, production and clear up will occurKey challenges expected and proposed solutionsA “Plan B”, just in caseHow will hospitality requirements be providedImpact on staff resources if anyPlease detail how the services within the satellite estate will be managed to ensure an efficient and a pro-active management style whilst demonstrating that the high standards of catering services across the entire UCL estate will be comparable.Please provide a staff training plan for year one which will demonstrate an improvement in service standards whilst meeting all aspects of UCL’s Sustainable Food Policy. Please detail how your Company will collaborate with SMEs as sub-contractors or suppliers. This may include local businesses as per the UCL Sustainable Food Policy.Please provide details of your proposed pricing policy outlining your procedures for the initial tariff harmonisation necessary and any following tariff review. Please detail how your Company will ensure that Hospitality requirements to the Satellite estate (as per point 2.3.5.3) will be successfully administered and managed. How will this approach ensure a consistent standard of service across the UCL estate?Please provide full details of the software systems including web based interfaces you propose to utilise and how they will or will not interface with UCL systems. Any associated costs should be included and detailed within your financial response.Please propose a mechanism for encouraging and collating customer feedback across all aspects of the service and state how the data will be utilised to continually improve the service provision. Please provide details of the information which will be collected and state on how and with what regularity this will be presented to UCL.Please provide full details of a proposed Service Level Agreement. This should include as a minimum the following topics of delivery; Health and Safety, Environmental Management, Service Performance, Contract Management, Collaborative Approach and Customer Satisfaction. 3. Quality of Proposed Services It is requirement that the successful Contractor will attain the Soil Association “Food for Life” Catering Mark Silver accreditation in 2014 in accordance with UCL’s Sustainable Food Policy. Please provide full details as to your proposed methodology and timelines to achieve this accreditation. UCL aspires to gain the Gold accreditation. Please detail the resource implications, restrictions, any barriers and possible cost implications in achieving the Gold accreditation. UCL is particularly interested to evaluate how the successful Contractor can ‘add value to UCL life’ given the length of the contract being awarded and its aspirations to enter into and develop a partnership that has benefits to all stakeholders. Please provide details of how your Company can really add value to UCL. By way of examples, this may be by way of collaboration, business development and sharing of initiatives.Please demonstrate what the overall customer experience will look like through your proposed branding, uniforms, service offer, signage, marketing & merchandising etc.Please provide details of your proposed Wilkins Building refectory offer between February 2014 and July 2014.Please provide details of your proposed offer at the ICH refectory.Please provide details of your proposed offer at the School of Pharmacy refectory.Please provide details of your proposed offer at Grab & Go catering facilities such as JB’s and Engineering Café. Please provide details of your proposed offer at the Cruciform Building and Paul O’Gorman building.Please provide details of you proposed offer within the Housman Room including the bar service.Please provide a full schedule of proposed opening times for all outlets at all locations. Please provide separate times for term time and non-term time if appropriate.Please detail how you will provide a modern retail experience in all of the above environments and ensure frequency of menu/item change. Please detail how your organisation will ensure a proactive approach to changing eating trends and will ensure that the latest food service initiatives are incorporated. Specify your Company’s approach to relevant concepts such as healthy eating, seasonal variation, ethical products etc. Also provide details of your procedures for dealing with special dietary requirements, including those resulting from intolerances and allergies. How will this approach assist UCL in developing their Sustainable Food Policy?The Internal Hospitality business comprises a high number of bookings of a relatively low financial value serviced across UCL. Please provide your organisation’s methodology as to how this element of the business will be effectively and efficiently delivered.The Conference and Events business generally involves high customer numbers and higher financial values. Please provide your organisation’s methodology as to how this element of the business will be effectively and efficiently delivered. Details of how your Company will support the Client in maximising this business must be provided.All catering requirements for internal hospitality and for conferences and events business are ordered either directly on-line via Bluerunner or by either the Room Bookings Team or the Conference & Events department. Please provide details as to how your organisation will ensure a professional interface and excellent communication with both the Room Bookings Team and the Conference & Events Team and any innovations that may improve the administration of Hospitality services. Please provide sample menus, offerings and presentation styles that are capable of delivering ‘best in class’ hospitality for all levels of hospitality services that are required. This must include “high end” requirements and details of all prices to be charged to UCL. Please provide details of any relevant customer care programmes that you operate to promote prompt, friendly and efficient service, taking into consideration customer needs and circumstances. Please provide details of any accreditations achieved by your company relevant to this Contract.4. HSE and SustainabilityUCL has Students attending from over 140 countries; please provide details as to how services will cater for people from different ethnic backgrounds.Please provide details as to how services will cater for people with disabilities. If physical changes are planned for any of the catering outlets please also provide details as to how disability equality would be taken into account when planning and delivering the services from refurbished outlets.Please provide details as to how gender equality would be delivered to staff and customers. Please provide details as to how services will cater for the different age groups of staff and customers.Please provide details as to how services will cater for people with different faith beliefs.Please provide details as to how you will cater for customers for whom English is not their first language.UCL is committed to carbon reduction. Please explain how your Company will assist UCL in achieving Scope 1, 2 and 3 carbon emissions. How will these reductions be measured and reported to UCL?UCL has an environmental and sustainability strategy with a number of initiatives and targets. How will your Company support the initiatives and assist UCL in achieving these targets? Please provide specific examples of the initiatives your Company may support.UCL is working closely with WRAP to improve its resource efficiency. Please detail how your Company will assist and support in this process.UCL is keen to work with SMEs. How will your Company ensure that all Health & safety and Food Hygiene standards are met whilst utilising or managing SMEs at UCL?It is anticipated that catering outlets in some buildings will move towards 24 hour opening with supporting kitchen areas being required. How will your Company ensure that all Health & safety requirements are achieved?Draft contractLegal documentsEach Bidder is required to review and confirm agreement to the form of Contract attached. UCL is expecting no substantive amendments to the form of the Contract. Any proposed changes or amendments to the Contract must be detailed within Schedule 3t of the Pricing Schedules.Any proposed changes or amendments should be minor in nature and must not have the effect of modifying substantial aspects of the Tender or risk distorting competition or causing discrimination. Any decision in relation to the nature of amendments will be taken by UCL alone. Part 2 The ContractDated------------AGREEMENT FOR THE PROVISION OF SERVICESbetweenUNIVERSITY COLLEGE LONDONand[SUPPLIER]THIS CONTRACT is dated [DATE]PARTIES(1) UNIVERSITY COLLEGE LONDON a body corporate established by Royal Charter with company number RC000631 of Gower Street, London, WC1E 6BT (UCL);(2) [FULL COMPANY NAME] incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (the Supplier).BACKGROUNDA. UCL sought proposals for the provision of the Services by means of a public tender exercise. B. UCL has, through a competitive process, selected the Supplier to provide the Services and the Supplier is willing and able to provide the Services in accordance with the terms and conditions of this Contract.AGREED TERMSInterpretationDefinitions. In this Contract, the following definitions apply:“Business Day” means a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business;“Catering Facilities” means the premises which form that part of UCL’s Premises and mobile catering or retail facilities made available for use by the Supplier for the provision of the Services on the terms set out in this Contract.“Change” means any change to the Services, Specification, Service Levels or this Contract. “Change Control Procedure” means the procedure for making a Change, as set out in Schedule 4;“Consumables” means all Supplies, disposable dining products (such as paper and plastic napkins, plates, utensils, tablecloths) and consumable cleaning supplies required to provide the Core Services and the Hospitality Services;“Commencement Date” means [27 January 2014];“Core Services” means the provision of catering services (including vending services but excluding the Hospitality Services) including, without limitation, those services described as Core Services in the Specification and sales made at counters by the Supplier in accordance with this Contract to UCL students, staff and visitors utilising cash or debit / credit cards; “Data Processor” has the meaning as set out in the Data Protection Act 1998;“Deliverables” means all documents, products and materials developed by the Supplier or its agents, contractors and employees as part of or in relation to the Services in any form or media, including without limitation drawings, maps, plans, diagrams, designs, pictures, computer programs, data, specifications and reports (including drafts);“Environmental Information Regulations” means the Environmental Information Regulations 2004 together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such regulations;“Expenditure” means:(a) the aggregate of the costs incurred by the Supplier in accordance with this Contract (excluding any applicable VAT) arising solely from the performance of the Core Services and directly attributable to the Core Services including but not limited to:the costs of all Consumables as invoiced by the Supplier’s nominated suppliers;in relation to the Supplier’s Personnel, employment expenses for permanent and temporary staff wages, sick pay, associated payments, vehicle expenses, National Insurance, employers’ pension contributions, life assurance, healthcare, recruitment, redundancy and termination payments where approved by UCL and any payment made in accordance with statutory requirements; andthe purchase or rental cost of protective clothing, replacement or agency staff and advertising for replacement or agency staff, postage, laundry, uniform hire, advertising and promotional services, licenses and permits, and communications charges and sundry expenditure incurred as invoiced by the Supplier’s nominated suppliers,(b) the Management Fee; and(c) the aggregate of the costs incurred by the Supplier in accordance with this Contract (excluding any applicable VAT) arising solely from the performance of the Hospitality Services and directly attributable to the Hospitality Services, as agreed between the parties in advance of the Supplier providing the Hospitality Services.“Extended Term” means an extension to the term of this Contract of 1 year each.“FOIA” means the Freedom of Information Act 2000, and any subordinate legislation made under the Act from time to time, together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation;“Guaranteed Minimum Return” means the guaranteed minimum return due to UCL in connection with this Contract and the provision of the Services as set out in paragraph 3.2 of Schedule 3;“Hospitality Services” means the hospitality services which form part of the Services, including the provision of any related Deliverables, to be provided by the Supplier under this Contract as set out in the Specification;“Income” means the aggregate cash or credit income excluding only VAT derived by the Supplier from the consumers of the Core Services;“Initial Term” means the period of 3 years and six months from the Commencement Date;“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;“Kitchen Equipment” means kitchen equipment (but not Light Equipment) used in connection with the Services including but not limited to plug-in equipment such as toasters and blenders. “Light Equipment” means items used in the serving of food and beverages, including without limitation chinaware, glassware and silverware (but not the Consumables) and small expendable items used in the preparation of food, such as pots, pans and kitchen utensils.“Loss” means the amount by which Net Income is a negative figure because Expenditure exceeds Income.“Management Fee” shall be [x] percent (x%) of the aggregate Net Income.“Net Book Value” means the depreciated net book value of an asset calculated in accordance with the relevant party’s reasonable accounting practices but, in any event, in accordance with the relevant and most up to date Generally Accepted Accounting Principles (“GAAP”);“Net Income” means Income less Expenditure;“Payments” means the payments payable by the parties in relation to the supply of the Services in accordance with Schedule 3; “Personal Data” has the meaning as set out in the Data Protection Act 1998; “Request for Information” means a request for information under FOIA or the Environmental Information Regulations;“Service Levels” means the services levels to which the Services are to be provided by the Supplier as set out in Schedule 5;“Services” means the services, including the Core Services, Hospitality Services and any Deliverables, to be provided by the Supplier under this Contract as set out in the Specification;“Specification” means the description or specification for the Services set out in Schedule 1;“Supplier Equipment” means any materials, plant and equipment, including tools, systems or facilities and which may or may not include Kitchen Equipment or Light Equipment, provided by the Supplier (or its subcontractors) and used directly or indirectly in the supply of the Services;“Supplier Personnel” means all employees, staff, other workers, agents and consultants of the Supplier and of any sub-contractors who are engaged by the Supplier in the provision of the Services from time to time;“Supplies” means food and drink stocks and other materials and commodities which are first supplied to UCL;“UCL Assets” means any materials, plant or equipment owned or held by UCL and which may or may not include Kitchen Equipment or Light Equipment, provided to the Supplier by UCL solely for use in providing the Services.“UCL's Premises” means the premises owned and/or occupied by UCL. Construction. In this Contract, the following rules apply:A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).A reference to a party includes its personal representatives, successors or permitted assigns.A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.A reference to writing or written includes faxes and e-mails. Any obligation on the Supplier shall be deemed to include an obligation on the Supplier to procure that the Supplier’s Personnel comply with such obligation.1.2.7 Where there is any conflict or inconsistency between the provisions of this Contract, such conflict or inconsistency shall be resolved according to the following order of priority: the clauses of this Contract;Schedule 1 (Specification) to this Contract;the remaining schedules to this Contract other than Schedule 6 (Supplier’s Tender); andSchedule 6 (Supplier’s Tender) to this mencement and Contract TermThis Contract shall commence on the date hereof (the “Commencement Date”) and, unless extended or terminated earlier in accordance with its terms, shall continue for three and a half years (“Initial Term”).This Contract may be extended beyond the Initial Term by up to two Extended Terms. If UCL wishes to extend this Contract, it shall give notice in writing to the Supplier not less than 6 months before the end of the Initial Term or any Extended Term. The Supplier shall respond to such notice within 14 days by confirming whether or not it agrees to the extension of the Contract.This Contract shall terminate automatically without notice on the expiry of the Initial Term or any relevant Extended Term (as applicable). This Contract shall not be extended beyond the date falling 5 years and 6 months from the Commencement Date (“Maximum Expiry Date”). If the parties attempt or purport to extend this Contract beyond the Maximum Expiry Date, the extension shall only take effect up to that date and the rights and obligations of the parties shall be apportioned up to that date.Supply of ServicesThe Supplier shall from the Commencement Date and for the duration of this Contract provide the Services to UCL in accordance with the terms of this Contract. The Supplier shall deliver the Services to meet the Specification (and comply with all its obligations as set out in the Specification), the Service Levels and shall meet any performance dates for the Services notified to the Supplier by UCL. In providing the Services, the Supplier warrants and undertakes to:co-operate with UCL in all matters relating to the Services, and comply with all instructions of UCL;perform the Services with the best care, skill and diligence in accordance with best practice in the Supplier’s industry, profession or trade;use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that the Supplier’s obligations are fulfilled in accordance with this Contract;ensure that the Services and Deliverables will conform with all descriptions and specifications set out in the Specification, and that the Deliverables shall be fit for any purpose expressly or impliedly made known to the Supplier by UCL; except to the extent that it is provided by UCL (which shall be at the sole discretion of UCL), provide all equipment, tools and vehicles and such other items as are required to provide the Services and keep these in a safe, serviceable and clean condition at its own risk;use the best quality goods, materials, standards and techniques, and ensure that the Deliverables, and all goods and materials supplied and used in the Services or transferred to UCL, will be free from defects in design, material and workmanship, and remain so for 12 months after delivery.ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under this Contract; observe all health and safety rules and regulations and any other security requirements that apply at any of UCL’s Premises or any other site where the Services are performed; comply with all applicable policies and procedures of UCL in force from time to time, including but not limited to environmental sustainability; ensure that the Services comply with all applicable legislation, rules and regulations, including but not limited to those on food hygiene and safety;hold all UCL Assets, tools, drawings, specifications and data supplied by UCL to the Supplier (“UCL Materials”) in safe custody at its own risk, (subject to clause 8.13) maintain UCL Materials in good condition until returned to UCL, and not dispose or use UCL Materials other than in accordance with UCL’s written instructions or authorisation (all UCL Materials shall be deemed to be in good condition when received by or on behalf of the Supplier unless the Supplier notifies UCL otherwise within 5 Business Days of receipt); andnot do or omit to do anything which may cause UCL to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business, and the Supplier acknowledges that UCL may rely or act on the Services.3.4 UCL shall have the right, at its sole discretion and at no cost or liability to UCL, to remove any items on sale by the Supplier that it deems as unsatisfactory or inappropriate. Supplier Equipment All Supplier Equipment brought on to UCL’s Premises for the performance of the Services shall be at the Supplier’s own risk and UCL shall have no liability for any loss of or damage to any Supplier Equipment (save for loss or damage caused by the negligent acts or omissions of UCL). The Supplier shall provide for the haulage or carriage of the Supplier Equipment to and from UCL’s Premises and (subject to clause 24) the removal of the Supplier Equipment when no longer required at the Supplier’s sole cost. Prior to the introduction of any Supplier Equipment on UCL’s Premises, the Supplier shall obtain UCL’s written authorisation and shall provide UCL with details of the service requirements for the Supplier Equipment, loading, power consumption and any other relevant information reasonably requested by UCL.The Supplier shall, at UCL’s written request, at its own expense and as soon as reasonably practicable: remove from the UCL Premises any Supplier Equipment which in the reasonable opinion of UCL is either hazardous, noxious or not in accordance with this Contract; andreplace such item with a suitable substitute item.The Supplier shall notify UCL at the earliest possible opportunity in accordance with procedures agreed with UCL of any breakdown, failure, malfunction or hazard of or in any Supplier Equipment.Supplier StatusSubject to clause 5.4, for VAT purposes the Supplier shall:act as agent for supplying of the Supplies to consumers of the Supplies and if appropriate for the collection of payment in respect of the same;act as principal in the procurement and payment for all necessary Supplies? relating and/or incidental to the provision of the Services which are first supplied to UCL; andemploy the Supplier Personnel based at the UCL Premises, who shall be engaged solely for the provision of Services to UCL.The Supplier shall, where acting as agent pursuant to clause 5.4: keep VAT records as agent for and on behalf of UCL in respect of the cost of the Services. The records shall record input tax paid on the Supplier's expenditure on the Services and UCL should be notified of the input tax paid on such expenditure within 21 days of the end of each month;implement a system of accounting? for the purposes of the preparation and service of meals and vending as VAT agent for UCL.?This analysis should distinguish between exempt, zero-rated and standard-rated sales income;each year in October undertake an exercise to determine the percentage of non-student usage of the Services provided by the Supplier in accordance with the reasonable instructions of UCL. The Supplier shall provide the results of such analysis to UCL by the end of November in that year; where requested to do so by UCL in advance in writing, instead of undertaking the exercise described in clause 5.2.3, differentiate between student and non-student consumers at the point of sale; andreport separately the output tax and input tax on the sale and purchase of any items which are not foodstuffs.The Supplier will act as principal for the procurement of and payment for Supplies. The Supplier will either act as i) principal, or ii) agent for and on behalf of UCL, in the preparation of food and drink from the Supplies and in the onward provision of that to end consumers at the Catering Facilities and the Specification shall set out whether the Supplier acts as principal or agent for each of the Catering Facilities. UCL agrees that save as expressly set out in this clause 5.4 the Supplier shall have no duty to account to UCL or have any other fiduciary duties of an agent.UCL hereby appoints the Supplier as principal or UCL’s agent (as set out in clause 5.4) to prepare food and drink from the Supplies and to make the supplies of those to end consumers on behalf of UCL. Where the Supplier acts as agent for UCL, UCL will make the supplies of the prepared food and drink to end consumers through the agency of the Supplier.Unless agreed otherwise, the Supplier shall act as principal in the provision of Hospitality Services.Where the Supplier is acting as principal in supplying the Services (as set out in clause 5.4 and 5.6), the Supplier shall provide to UCL a detailed analysis as to the component elements of the expenditure incurred and income received by the Supplier in relation to those Services, in a format reasonably requested by UCL.UCL and the Supplier acknowledge that, under the Memorandum of Understanding on VAT Practice in the Contract Catering Industry published by HM Revenue and Customs, the Supplier is, by concession, entitled to treat as a non-VATable disbursement, the wages of its staff who are employed solely to assist with the supply of the catering Services and, unless it is withdrawn, this concession will be applied by the Supplier where appropriate to do so.It is the responsibility of UCL to give written notice to the Supplier of its VAT status and any special arrangements or apportionments UCL has agreed with HM Revenue and Customs relevant to the Services. UCL will notify the Supplier immediately if UCL’s VAT status changes. UCL acknowledges that UCL remains liable to account for and pay VAT to HM Revenue and Customs on supplies of the prepared food and drink to end consumers at the Catering Facilities when such VAT is properly due.RemediesIf the Supplier fails to perform the Services by the applicable performance dates, or does not comply with the Service Levels or warranties and undertakings set out in clause 3.3, UCL shall, without limiting any of its other rights or remedies, have the right to exercise any one or more of the following rights: to refuse to accept any subsequent performance of the Services which the Supplier attempts to make;to recover from the Supplier any costs incurred by UCL in obtaining substitute services from a third party;where UCL has paid in advance for Services that have not been provided by the Supplier, to have such sums refunded by the Supplier; and/orto claim damages for any other costs, loss or expenses incurred by UCL which are in any way attributable to the failure of the Supplier to carry out its obligations under this Contract.The provisions of this clause REF _Ref367963520 \r \h \* MERGEFORMAT 6 shall extend to any substituted or remedial services provided by the Supplier. The rights and remedies of UCL under this clause REF _Ref367963520 \r \h \* MERGEFORMAT 6 are in addition to its rights and remedies implied by statute and common law.Meetings and liaisonThe Supplier shall appoint a project manager for the term of this Contract (the “Operations Director”), whose name and contact details shall be provided to UCL prior to the date of this Contract. UCL shall have the right to refuse the appointment of the proposed Operations Director if, acting reasonably, UCL considers that person unsuitable. Except by mutual agreement, the Supplier shall not replace its Operations Director unless it is obliged to do so by circumstances beyond its control. The Supplier shall notify UCL of any change to its Operations Director as soon as reasonably practicable. The Operations Director shall have authority to bind the Supplier in relation to this Contract and shall be contactable by telephone, mobile phone and email. In the event that the Operations Director is unavailable, the Supplier shall appoint a suitably authorised nominee (whose contact details shall be notified to UCL as soon as reasonably practicable) to carry out the duties of the Operations Director.UCL shall appoint a project manager for the term of this Contract (the “UCL Contract Officer”), whose name and contact details shall be provided to the Supplier prior to the date of this Contract. The UCL Contract Manager shall have authority to bind UCL in relation to this Contract and shall be responsible for the local management of this Contract on behalf of UCL. UCL shall notify the Supplier of any change to the UCL Contract Manager as soon as reasonably practicable. Representatives of the Supplier and UCL shall meet in accordance with the details set out in the Specification or at such frequency as is reasonably requested by UCL. The Supplier shall comply with its reporting and communications obligations as set out in the Specification and shall supply UCL with written reports in relation to the Services in accordance with the details set out in the Specification and at such additional intervals and in such detail as is reasonably requested by UCL. UCL Premises and Assets Subject to the requirements of UCL’s policies and procedures governing the work of its contractors, security, safety and fire regulations, UCL shall provide the requisite access to the UCL Premises to the Supplier as necessary to enable the Supplier to provide the Services in accordance with this Contract.UCL grants the Supplier a licence to use the Catering Facilities for the duration of this Contract in order to provide the Core Services and a licence to use and have access to the UCL Premises agreed in advance between the parties in order to provide the Hospitality Services. The Supplier shall not do or omit from doing anything liable adversely to affect UCL’s title to the UCL Premises and UCL Materials. The UCL Premises and UCL Materials which UCL provides to the Supplier for the purpose of performing the Services shall only be used for such purpose and the UCL Materials shall not be removed from UCL Premises except with the prior written consent of UCL.The Supplier shall ensure that:where using the Catering Facilities or any other UCL Premises they are kept properly secure and the Supplier will comply and cooperate with the UCL Contract Officer’s reasonable directions regarding the security of the same; only those of the Supplier's Personnel that are duly authorised to enter upon UCL's Premises for the purposes of providing the Services, do so;the Supplier shall take all steps reasonably required by UCL to prevent unauthorised persons being admitted to UCL’s Premises.The Supplier shall ensure that UCL has access to the Catering Facilities at all times (including secure storage facilities).The Supplier shall be responsible for receiving its own deliveries in relation to the Services at the Catering Facilities.The Supplier shall not alter, add to or in any way vary any UCL Premises or UCL Materials or make any installations on UCL’s Premises without having first obtained the consent in writing of UCL.The Supplier shall only display menu signs and notices relating to the provision of the Services in those parts of the UCL Premises specifically permitted in advance in writing by UCL. The Supplier shall provide UCL with copies of any reports made by any enforcement officer, including but not limited to the Environmental Health Officer or a Fire Officer and shall forthwith take all necessary action to implement any operational or other requirements and/or recommendations of such officer(s) at its own expense. UCL shall implement forthwith such recommendations where necessary whether relating to the equipment and facilities owned by UCL or the infrastructure at the UCL Premises.The Supplier shall be responsible for any loss or damage to the UCL Premises or UCL Materials if such loss or damage is caused by the Supplier or the Supplier Personnel and the Supplier shall be held fully responsible for any loss or theft owing to the Supplier’s negligence in maintaining security on UCL’s Premises in accordance with this Contract.The Supplier shall maintain the Catering Facilities in a safe, clean, proper and hygienic condition in accordance with the requirements set out in the Specification and, in any event, in accordance with best industry practice.The Supplier shall notify UCL at the earliest possible opportunity in accordance with procedures agreed with UCL of any breakdown, failure, malfunction or hazard of or in the Catering Facilities and any UCL Assets.UCL shall be responsible for the maintenance of the Kitchen Equipment and shall do so at its own cost. The Supplier shall (at the Supplier’s cost) provide such assistance as UCL may reasonably require in connection with the tendering of UCLs maintenance requirements for Kitchen Equipment and/or other equipment used in connection with the Services, including without limitation in connection with establishing UCLs requirements and preparation of a detailed inventory of assets.The Supplier shall not purchase or lease or commit to any purchase or lease of equipment without the prior written consent of UCL. Supplier PersonnelThe Supplier shall at all times be responsible for the actions of the Supplier Personnel while they are on UCL’s Premises. UCL shall not be held liable for any loss or damage to or for the security of property and effects of the Supplier and the Supplier Personnel. UCL may, by written notice to the Supplier, refuse to admit onto the UCL Premises, withdraw permission to remain on the UCL Premises from, or remove the involvement in the performance of the Services of, any Supplier Personnel, whose continued involvement in the Services, admission to or continued presence on UCL’s Premises would, in the reasonable opinion of UCL, be undesirable. The Supplier shall take all reasonable steps to comply with such notice with immediate effect, and if required by UCL the Supplier shall replace any Supplier Personnel so removed at its own cost with another suitably qualified individual and will in any event procure that any security pass, swipe card, keys or access codes issued to that Supplier Personnel is removed and surrendered.If and when instructed by UCL, the Supplier shall give to UCL a list of names and addresses of all Supplier Personnel who are or may be at any time concerned with the Services or any part of them and giving such other particulars and evidence of identity and other supporting evidence as UCL may reasonably require.The decision of UCL as to whether any Supplier Personnel is to be admitted to or is to be removed from the UCL Premises or is not to become involved in or is to be removed from involvement in the performance of the Services and as to whether the Supplier has furnished the information or taken the steps required of it by this clause 9 shall be final and conclusiveThe Supplier undertakes to be solely liable and responsible for all matters in relation to the Supplier Personnel including but not limited to:payment of all salary, remuneration, benefits, national insurance contributions, income tax or other charges or deductions;all management or supervisory responsibilities, decisions and actions including but without limitation the manner and method of carrying out the Services, the taking of all required disciplinary action and verifying their immigration status;all relevant training, including but not limited to health and safety training and fire safety training; andprovision of equipment, materials, protective clothing and accessories.Following the removal of any of the Supplier's Personnel for any reason from the provision of the Services, the Supplier shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services and of at least the same expertise and skill level as the person being replaced. The Supplier shall use its best endeavours to ensure continuity of personnel and to ensure that the turnover rate of its staff engaged in the provision or management of the Services is at least as good at the prevailing industry norm for similar services, locations and environments.UCL’s obligations UCL shall provide such information to the Supplier as the Supplier may reasonably request and UCL considers reasonably necessary for the purpose of providing the Services.PaymentThe parties shall make such payments for the Services as are set out in Schedule 3 (the “Payments”). UCL may, without limiting any other rights or remedies it may have, set-off any amounts owed to it by the Supplier against any amount payable by it to the Supplier under this Contract or any other contract between the parties.Intellectual property rightsIn respect of any goods and materials that are transferred to UCL under this Contract, including without limitation the Deliverables or any part of them, the Supplier warrants that it has full clear and unencumbered title to all such items, and that at the date of delivery of such items to UCL, it will have full and unrestricted rights to transfer all such items to UCL.The Supplier assigns to UCL, (by way of present assignment of all current and future rights) with full title guarantee and free from all third party rights, all Intellectual Property Rights in the products of the Services, including for the avoidance of doubt the Deliverables. The Supplier shall obtain waivers of all moral rights in the products, including for the avoidance of doubt the Deliverables, of the Services to which any individual is now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.The Supplier shall, promptly at UCL’s request, do (or procure to be done) all such further acts and things and the execution of all such other documents as UCL may from time to time require for the purpose of securing for UCL the full benefit of this Contract, including all right, title and interest in and to the Intellectual Property Rights assigned to UCL in accordance with clause REF "a997230" \h \w \* MERGEFORMAT 12.2.All UCL Materials are the exclusive property of UCL.This Contract shall not affect the ownership of any materials including but not limited to technical manuals, know how, operating systems and brands which are owned by or licensed to the Supplier prior to the date of this Contract or which are developed by the Supplier independently of this Contract. Indemnity The Supplier shall keep UCL indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by UCL as a result of or in connection with:any claim made against UCL by a third party arising out of, or in connection with, the supply of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this Contract by the Supplier, its employees, agents or subcontractors; andany claim brought against UCL for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of, or in connection with, the receipt, use or supply of the Services. This clause 13 shall survive termination of this Contract.Limitation of LiabilityNeither party shall be liable to the other party (as far as permitted by law) for indirect special or consequential loss or damage in connection with this Contract.Without prejudice to clause 14.1 and subject to clause 14.3, UCL's total aggregate liability in respect of all claims, losses or damages, whether arising from tort (including negligence), breach of contract or otherwise under or in connection with this Contract, shall in no event exceed the aggregate of the Management Fee and the cost of the Supplies to the Supplier (as invoiced by the Supplier’s chosen provider) (and any applicable VAT) in the 12 month period immediately prior to the circumstances giving rise to the liability arising.Notwithstanding any other provision of this Contract neither party limits or excludes its liability for:fraud or fraudulent misrepresentation;death or personal injury caused by its negligence; orany other act or omission, liability for which may not be limited under any applicable law.InsuranceThe Supplier shall at its own cost effect and maintain with a reputable insurance company a policy or policies of insurance providing as a minimum the following levels of cover:public liability insurance with a limit of indemnity of not less than ?5,000,000 (five million pounds) in relation to any one claim or series of claims; andemployer's liability insurance with a limit of indemnity of not less than ?5,000,000 (five million pounds) in relation to any one claim or series of claims.(the Required Insurances). The cover shall be in respect of all risks which may be incurred by the Supplier, arising out of the Supplier's performance of this Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Supplier. The Supplier shall ensure that UCL’s interest is noted on each insurance policy or that a generic interest clause has been included. The Supplier shall give UCL, on request, copies of all insurance policies referred to in this clause or a broker's verification of insurance to demonstrate that the Required Insurances are in place, together with receipts or other evidence of payment of the latest premiums due under those policies.If, for whatever reason, the Supplier fails to give effect to and maintain the Required Insurances, UCL may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Supplier. The terms of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under this Contract. The Supplier shall hold and maintain the Required Insurances for a minimum of six years following the expiration or earlier termination of this Contract.Inspection of Services and Audit UCL may at any time subject to reasonable notice inspect any part of the Services, including but not limited to the Catering Facilities.Notwithstanding that the Services or any part thereof have been the subject of any instruction, review, approval, acknowledgement or inspection by UCL, the Supplier shall not be relieved from any liability or obligation under this Contract.The Supplier shall maintain throughout the term of this Contract and for six years after the termination of this Contract such complete and accurate records of the Services as UCL may reasonably require in such form as UCL shall approve. The Supplier shall allow UCL, its officers and appointed agents and representatives to inspect such records at all reasonable times on request. Such records shall be maintained on UCL’s Premises for the duration of this Contract and on termination of this Contract such records shall be transferred to the premises of the Supplier, unless otherwise agreed between the parties.UCL (and/or its officer, agents or representatives) shall have the right to undertake at any time with reasonable notice an audit of the Supplier and in relation to the Services for, including but not limited to, any of the following purposes:to verify the accuracy of the Payments (and proposed or actual variations to them in accordance with this Contract) including the costs of the Services;to review the integrity, confidentiality and security of any data relating to UCL or any Service users;to review the Supplier's compliance with any legislation applicable to the Services, including but not limited to, the Data Protection Act 1998 and the FOIA, environmental, food hygiene and health and safety legislation;to review any records created during the provision of the Services;to review any books of account kept by the Supplier in connection with the provision of the Services; to carry out the audit and certification of UCL's accounts; to verify the accuracy and completeness of any reports required by this Contract; to verify that the supply chain used by the Supplier and the quality of the Supplies is in accordance with this Contract;to verify that the Supplier is acting in accordance with its obligations under this Contract and that the Services are being provided in compliance with this Contract (including, for the avoidance of doubt, in accordance with the Specification), which may include testing and sampling by UCL of any goods or Supplies. UCL shall use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Supplier or delay the provision of the Services and shall, where relevant, comply (and shall procure that its agents, officers or representatives comply) with any reasonable security requirements applicable on the Supplier’s premises.Subject to UCL’s obligations of confidentiality, the Supplier shall on demand provide UCL (and/or its agents, officers or representatives) with all reasonable co-operation and assistance in relation to each audit, including:all information requested by UCL (and/or its agents, officers or representatives) within the permitted scope of the audit;reasonable access to any sites controlled by the Supplier and to any equipment used (whether exclusively or non-exclusively) in the performance of the Services; andaccess to the Supplier's Personnel, and the Supplier shall procure the reasonable co-operation of the Supplier’s Personnel in relation to any audit. UCL shall endeavour to (but is not obliged to) provide at least 7 days notice of its intention to conduct an audit.The parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material failure to perform its obligations under this Contract by the Supplier in which case the Supplier shall reimburse UCL for all UCL's reasonable costs incurred in the course of the audit.If an audit identifies that: the Supplier has failed to perform its obligations under this Contract in any material manner, the parties shall agree and implement a remedial plan. If the Supplier 's failure relates to a failure to provide any information to UCL about the Payments, proposed Payments or the Supplier 's costs, then the remedial plan shall include a requirement for the provision of all such information; UCL has overpaid or the Supplier has underpaid any Payments due from it, the Supplier shall pay to UCL the amount overpaid by UCL or the amount underpaid by the Supplier within 20 days. UCL may deduct the relevant amount from the Payments due from it if the Supplier fails to make this payment; and UCL has underpaid or the Supplier has overpaid any Payments due from it, UCL shall pay to the Supplier the amount of the under-payment or the amount of the over-payment by the Supplier less the cost of audit incurred by the UCL if this was due to a default by the Supplier within 20 days.Change Control and Continuous ImprovementAny requirement for a Change shall be subject to the Change Control Procedure.The Supplier shall have an on-going obligation to identify new or potential improvements to the Services. As part of this obligation the Supplier shall identify and report to UCL’s Contract Officer quarterly in the first year of this Contract and once every six months for the remainder of this Contract term on: the emergence of new and evolving relevant technologies which could improve the Services; new or potential improvements to the Services including the quality, responsiveness, procedures, performance mechanisms and customer support services in relation to the Services;new or potential improvements to the interfaces or integration of the Services with other services provided by third parties or UCL which might result in efficiency or productivity gains or in reduction of operational risk; andchanges in ways of working that would enable the Services to be delivered at lower costs and/or at greater benefits to UCL.Any potential Changes highlighted as a result of the Supplier's reporting in accordance with clause 17.2 shall be addressed by the parties using the Change Control pliance with relevant requirementsThe Supplier shall:comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (“Relevant Requirements”);not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;comply with such ethics, anti-bribery and anti-corruption policies of UCL from time to time in force as are provided to the Supplier from time to time;have and shall maintain in place throughout the term of this Contract its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements and clause 18.1.2, and will enforce them where appropriate; andpromptly report to UCL any request or demand for any undue financial or other advantage of any kind received by the Supplier in connection with the performance of this Contract.The Supplier shall ensure that any person associated with the Supplier who is providing services in connection with this Contract does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the supplier in this clause 18 (“Relevant Terms”). The Supplier shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to UCL for any breach by such persons of any of the Relevant Terms.Breach of this clause 18 shall be deemed a material breach under clause 23.2.For the purposes of this clause 18, the meaning of adequate procedures and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Bribery Act 2010 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this clause 18 a person associated with the Supplier includes but is not limited to any subcontractor of the Supplier.ConfidentialityA party (“Receiving Party”) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are disclosed to the Receiving Party by the other party (“Disclosing Party”), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business, its products or its services which the Receiving Party may obtain. The Receiving Party shall only disclose such confidential information to those of its employees, agents or subcontractors who need to know the same for the purpose of discharging the Receiving Party’s obligations under this Contract, and shall ensure that such employees, agents or subcontractors shall keep such information confidential. This clause REF "a105953" \h \w \* MERGEFORMAT 19 shall survive termination of this Contract.The provisions of this clause 19 shall not apply to any confidential information which:is in or enters the public domain other than by breach of this Contract or other act or omissions of the Receiving Party;is obtained by a third party who is lawfully authorised to disclose such information;is authorised for release by the prior written consent of the Disclosing Party; or the disclosure of which is required to ensure the compliance of UCL with FOIA.Each party may disclose the other party’s confidential information as may be required by law, court order or any governmental or regulatory authority provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of this disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause, it takes into account the reasonable requests of the other party in relation to the content of the disclosure.No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Contract.Data protection and freedom of informationThe Supplier shall comply with its obligations under the Data Protection Act 1998 which arise in connection with this Contract.Notwithstanding the general obligation in clause 20.1, where the Supplier is processing Personal Data as a Data Processor for UCL, the Supplier shall ensure that it has in place appropriate technical and contractual measures to ensure the security of the Personal Data and to guard against unauthorised or unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data. Furthermore the Supplier shall not transfer any Personal Data out of the European Economic Area without UCL’s prior written consent.The Supplier acknowledges that UCL is subject to the requirements of FOIA and the Environmental Information Regulations and shall assist and co-operate with UCL (at the Supplier’s expense) to enable UCL to comply with these information disclosure requirements.The Supplier shall:transfer any Request for Information to UCL as soon as reasonably practicable after receipt and in any event within three working days of receiving a Request for Information; andprovide UCL with a copy of all information in its possession or power in the form that UCL requires within five working days of UCL requesting that information; andprovide all necessary assistance as reasonably requested by UCL to enable UCL to respond to a Request for Information within the time for compliance set out in section 10 of FOIA or regulation 5 of the Environmental Information Regulations.UCL shall be responsible for determining at its absolute discretion whether any information:is exempt from disclosure in accordance with the provisions of FOIA or the Environmental Information Regulations;is to be disclosed in response to a Request for Information.In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by UCL.The Supplier acknowledges that UCL may, acting in accordance with the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of FOIA (issued under section 45 of FOIA, November 2004), be obliged under FOIA or the Environmental Information Regulations to disclose information without consulting with the Supplier or following consultation with the Supplier and having taken its view into account.Equal opportunityThe Supplier shall comply with the Equality Act 2010, and any subordinate legislation made under the Act from time to time, together with any guidance and/or codes of practice issued in relation to such legislation, including but not limited to the Equality and Human Rights Commission Employment Statutory Code of Practice as amended from time to time.The Supplier shall create a working environment in which all employees, agents and sub-contractors are able to make best use of their skills free from discrimination and/or harassment.The Supplier shall ensure that all employees, agents and sub-contractors treat visitors, students, clients, suppliers, former staff members and any other persons they come into contact with while supplying the Services equally and without discrimination.The Supplier shall comply with such equal opportunities and non-discrimination policies of UCL as provided to the Supplier from time to time.TUPE24.1 The parties agree that the provisions of Schedule 2 (Employees Schedule) shall apply.TerminationUCL may terminate this Contract in whole or in part at any time before performance of the Services is completed with immediate effect by giving the Supplier written notice, whereupon the Supplier shall discontinue all work on this Contract. UCL shall pay the Supplier fair and reasonable compensation for work in progress at the time of termination, but such compensation shall not include loss of anticipated profits or any consequential loss.Either party shall be entitled to terminate this Contract with immediate effect by giving written notice to the other party (“Defaulting Party”) if: the Defaulting Party commits a material or persistent breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within a period of 30 days after receipt of notice in writing requiring it to do so; or an order is made or a petition is filed, a notice is given, a resolution is passed for the winding up of the Defaulting Party or an administrator is appointed by order of the court or by other means to manage the affairs, business and property of the Defaulting Party or a receiver and/or manager or administrative receiver is validly appointed in respect of all or any of the Defaulting Party assets or undertaking or circumstances arise which entitle the Court or a creditor to appoint a receiver and/or manager or administrative receiver or which entitle the Court to make a winding up or bankruptcy order or the Defaulting Party takes or suffers any similar or analogous action in consequence of debt;the Defaulting Party suspends, or ceases or threatens to suspend or cease to carry on all or a substantial part of the Defaulting Party business; orthe Defaulting Party undergoes a change of control; orthe Defaulting Party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.For the avoidance of doubt, any breach of clauses 3.2 or 3.3 shall be deemed to constitute a material breach for the purposes of clause 23.2.1.Consequences of terminationThe Supplier shall co-operate fully with UCL during any transition phase leading up to the termination of this Contract, including but not limited to allowing UCL and any replacement supplier full access to records of sales, activity levels and services provided pursuant to this Contract, in order to achieve an effective transition of the Services without disruption to routine operational requirements. Such access shall exclude confidential records of the Supplier, including but not limited to operating manuals, recipes and costing procedures, which are not pertinent to an incoming successor caterer (the “Supplier Materials”).On termination of this Contract for any reason: the Supplier shall (at its own cost) co-operate fully with UCL to ensure an orderly migration of the Services to UCL or, at UCL’s request, a replacement supplier;Unless ownership of the Supplier’s Equipment has transferred to UCL pursuant to clause 24.3, on termination of this Contract, the Supplier shall at its own cost forthwith remove all Supplier Equipment from the UCL Premises, together with any other materials (other than UCL Materials) used by the Supplier to supply the Services and shall leave the UCL Premises in a clean, safe and tidy condition. The Supplier is solely responsible for making good any damage to the UCL Premises or any objects contained thereon, other than fair wear and tear, which is caused by the Supplier or any of the Supplier Personnel or any other person acting for or on behalf of the Supplier.the Supplier shall immediately deliver to UCL all Deliverables whether or not then complete, and return all UCL Materials. If the Supplier fails to do so, then UCL may enter the Supplier’s premises and take possession of them. Until they have been returned or delivered, the Supplier shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract. The Supplier shall deliver to UCL all keys, security codes and access cards and all written and/or electronic data, schedules, reports and other relevant correspondence or other documentation in the possession or under the control of the Supplier relating to the Services and/ or the UCL Premises (excluding the Supplier Materials); the Supplier shall take immediate steps to bring to an end its performance of the Services in an orderly manner but with all speed and economy and shall forthwith vacate the UCL Premises;the accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination; andclauses which expressly or by implication survive termination of this Contract shall continue in full force and effect.The following shall apply in relation to Supplier Equipment on termination or expiry of this Contract:The Supplier shall depreciate the Supplier Equipment on a straight line basis over its generally accepted useful economic life from the time of expenditure for such Supplier Equipment is made; The Supplier shall, not less than 1 month before termination or expiry of this Contract, produce a list of the Supplier Equipment and give details of the Net Book Value for each item of Supplier Equipment and provide the list to UCL;UCL may (in its sole discretion) elect to purchase such of the Supplier Equipment by giving notice in writing to the Supplier and in return for payment to the Supplier of an amount equal to the Net Book Value of the Supplier Equipment at the date of termination or expiry (as applicable) plus VAT where applicable;In relation to partial termination of this Contract, UCL’s option to purchase contained in clause 24.3.3 can only be exercised in relation to the Supplier equipment used in connection with the terminated part of this Contract); Title to the Supplier’s Equipment shall vest in UCL upon the Supplier’s receipt from UCL of the payment referred to in clause 24.3.3 in cleared funds.Force majeureNeither party shall be liable to the other for any delay or failure in performing its obligations under this Contract to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, and which by its nature could not have been foreseen by such party or, if it could have been foreseen, was unavoidable, provided that the Supplier shall use all reasonable endeavours to cure any such events or circumstances and resume performance under this Contract. If any events or circumstances prevent the Supplier from carrying out its obligations under this Contract for a continuous period of more than 90 Business Days, UCL may terminate this Contract immediately by giving written notice to the Supplier.GeneralUCL may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Contract.The Supplier shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Contract without the prior written consent of UCL. Notwithstanding any subcontracting by the Supplier of any of its obligations under this Contract in accordance with this clause, the Supplier shall not be relieved of any liability under this Contract but shall at all times remain liable to UCL for the proper performance of all of its duties and obligations under this Contract.Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service providing proof of postage, or by commercial courier at the address noted below, or sent by fax to the other party’s main fax number (followed by letter):For UCL:[address and fax no.]For the Supplier:[address and fax no.]Any notice or communication shall be deemed to have been received if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address, or if sent by fax, at 9.00am on the next Business Day after transmission, or otherwise at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. If a court or any other competent authority finds that any provision (or part of any provision) of this Contract is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected. If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.A waiver of any right or remedy under this Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights arising under this Contract are cumulative and do not exclude rights provided by law.Nothing in this Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor, except as expressly set out in this Contract, constitute any party the agent of another party for any purpose. Except as expressly set out herein, no party shall have authority to act as agent for, or to bind, the other party in any way. A person who is not a party to this Contract shall not have any rights under or in connection with it.Except as set out in this Contract, any variation to this Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by UCL.The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.This Contract has been entered into on the date stated at the beginning of it.Signed by for and on behalf of UNIVERSITY COLLEGE LONDON.......................................Authorised Signatory…………………………TitleSigned by [NAME OF DIRECTOR]for and on behalf of [NAME OF SUPPLIER].......................................DirectorSchedule 1 SpecificationSchedule 2 Employees schedulePART 11.INTERPRETATIONThe definitions and rules of interpretation in this paragraph apply in this Schedule. “Supplier’s Final Staff List”: the list of all the Supplier's Personnel engaged in or wholly or mainly assigned to the provision of the Services or any part of the Services at the Service Transfer Date.“Supplier’s Personnel”: all employees, staff, other workers, agents and consultants of the Supplier who are engaged in the provision of the Services from time to time. “Supplier’s Provisional Staff List”: a list prepared and updated by the Supplier of all the Supplier's Personnel engaged in, or wholly or mainly assigned to, the provision of the Services or any part of the Services at the date of preparation of the list.“Customer”: UCL.“Data Protection Legislation”: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.“Effective Date”: the date of this Contract between the Supplier and the Customer in relation to the provision of Services.“Employees”: the employee(s) engaged in or wholly or mainly assigned to the provision of services, or any part of services, that are the same or similar to the Services immediately prior to the Effective Date. Where known those employees are listed in Part 2 of this Schedule 2.“Replacement Services”: any services which are identical or substantially similar to any of the Services and which the Customer receives in substitution for any of the Services following the termination or expiry of this Contract, whether those services are provided by the Customer internally or by any Replacement Supplier.“Replacement Supplier”: any third party supplier of Replacement Services from time to time. “Services”: the services to be delivered by or on behalf of the Supplier under this Contract.“Service Transfer Date”: the date on which the Services (or any part of the Services), for whatever reason transfer from the Supplier to the Customer or any Replacement Supplier.“Staffing Information”: in relation to all persons detailed on the Supplier's Provisional Staff List, such information as the Customer may reasonably request (subject to the Data Protection Legislation), but including in an anonymised format: (a) their ages, dates of commencement of employment or engagement and gender;(b) details of whether they are employees, workers, self-employed, contractors or consultants, agency workers or otherwise;(c) the identity of their employer or relevant contracting party;(d) their relevant notice periods and any other terms relating to termination of employment or engagement, including any redundancy procedures and contractual redundancy payment schemes;(e) the current wages, salaries, profit sharing, incentive and bonus arrangements applicable to them; (f) details of other employment-related benefits including (without limitation) medical insurance, life assurance, pension or other retirement benefit schemes, share option schemes and customer car schemes applicable to them;(g) any outstanding or potential contractual, statutory or other liabilities in respect of such individuals (including in respect of personal injury claims);(h) details of any such individuals on long-term sickness absence, maternity or other statutory leave or otherwise absent from work; and(i) copies of all relevant documents and materials relating to such information including copies of relevant contracts of employment or engagement (or relevant standard contracts if applied generally in respect of such individuals).“Transferring Employees”: those employees whose contract of employment will be transferred to the Customer or a Replacement Supplier pursuant to TUPE on expiry or termination of this Contract.“TUPE”: Transfer of Employment (Protection of Employment) Regulations 2006.2.TRANSFER OF EMPLOYEES TO THE SUPPLIER AT THE EFFECTIVE DATE2.1The Supplier and the Customer believe that, pursuant to TUPE, at the Effective Date, the Supplier will become the employer of the Employees. 2.2The Employees are not employees of the Customer. If any of the Employees are deemed employees of the Customer the Supplier will, within 7 days of being made aware of this, offer the Employee employment with the Supplier on terms and conditions identical to the Employee’s employment with the Customer. 2.3The Supplier will indemnify the Customer in full for and against all costs, claims, liabilities and expenses (including reasonable legal expenses and other professional fees (together with any VAT thereon)) whatsoever or howsoever arising, incurred or suffered by the Customer in relation to any claim brought against the Customer by an Employee.2.4The Customer will provide the Supplier with such reasonable information that it has in its possession or available to it in relation to the Employees. 2.5All salaries and other emoluments including holiday pay, taxation and National Insurance contributions and contributions to retirement benefit schemes relating to the Employees shall be borne by the Supplier from the Effective Date. 2.6The Supplier shall indemnify the Customer in full for and against all claims, costs, expenses or liabilities whatsoever and howsoever arising incurred or suffered by the Customer including without limitation all legal expenses and other professional fees (together with any VAT thereon) in relation to any failure by the Supplier to comply with its obligations pursuant to TUPE.2.7During the currency of this Contract the Supplier shall provide to the Customer any information the Customer may reasonably require relating to any individual employed, assigned to or engaged in providing the Services under this Contract (subject to the Data Protection Legislation).3. EMPLOYMENT EXIT PROVISIONS3.1 The Contract envisages that subsequent to the commencement of this Contract, the identity of the provider of the Services (or any part of the Services) may change (whether as a result of termination of this Contract or part, or otherwise) resulting in a transfer of the Services in whole or in part (“Service Transfer”). If a Service Transfer is a relevant transfer for the purposes of TUPE then in such event, the Customer or a Replacement Supplier would inherit liabilities in respect of the Transferring Employees.3. 2 The Supplier agrees that, subject to compliance with the Data Protection Legislation:(a) within 20 days of the earliest of:(i) receipt of a notification from the Customer of a Service Transfer or intended Service Transfer; or (ii) receipt of the giving of notice of early termination of this Contract or any part thereof; or(iii) the date which is 12 months before the date of expiry of this Contract or any extension thereof, and, in any event, on receipt of a written request of the Customer at any time, it shall provide the Supplier's Provisional Staff List and the Staffing Information to the Customer or, at the direction of the Customer, to a Replacement Supplier and it shall provide an updated Supplier's Provisional Staff List when reasonably requested by the Customer or, any Replacement Supplier;(b) at least 14 days prior to the Service Transfer Date, the Supplier shall prepare and provide to the Customer and/or, at the direction of the Customer, to the Replacement Supplier, the Supplier's Final Staff List, which shall be complete and accurate in all material respects. The Supplier's Final Staff List shall identify which of the Supplier's personnel named are Transferring Employees;(c) the Customer shall be permitted to use and disclose the Supplier's Provisional Staff List, the Supplier's Final Staff List and the Staffing Information for informing any tenderer or other prospective Replacement Supplier for any services which are substantially the same type of services (or any part thereof) as the Services; and(d) upon reasonable request by the Customer the Supplier shall provide the Customer or at the request of the Customer, the Replacement Supplier, with access (on reasonable notice and during normal working hours) to such employment records (and provide copies) as the Customer reasonably requests.3.3 The Supplier warrants that the Supplier's Provisional Staff List, the Supplier's Final Staff List and the Staffing Information will be true and accurate in all material respects.3.4 From the date of the earliest event referred to in paragraph 3.2, the Supplier agrees that it shall not without the prior written consent of the Customer, assign any person to the provision of the Services (or the relevant part) which is the subject of a Service Transfer who is not listed in the Supplier's Provisional Staff List and shall not without the prior written consent of the Customer:(a)increase the total number of employees listed on the Supplier's Provisional Staff List save for fulfilling assignments and projects previously scheduled and agreed with the Customer;(b) make, propose or permit any changes to the terms and conditions of employment of any employees listed on the Supplier's Provisional Staff List;(c) increase the proportion of working time spent on the Services (or the relevant part) by any of the Supplier's Personnel save for fulfilling assignments and projects previously scheduled and agreed with the Customer;(d) introduce any new contractual or customary practice concerning the making of any lump sum payment on the termination of employment of any employees listed on the Supplier's Provisional Staff List; and(e) replace any of the Supplier's Personnel listed on the Supplier's Provisional Staff List or deploy any other person to perform the Services (or the relevant part) or increase the number of employees or terminate or give notice to terminate the employment or contracts of any persons on the Supplier's Provisional Staff List.The Supplier will promptly notify the Customer or, at the direction of the Customer, the Replacement Supplier of any notice to terminate employment received from any persons listed on the Supplier's Provisional Staff List regardless of when such notice takes effect.3.5 At least 14 days before the expected Service Transfer Date, the Supplier shall provide to the Customer or any Replacement Supplier, in respect of each person (subject to compliance with Data Protection Legislation) on the Supplier's Final Staff List who is a Transferring Employee, their:(a) pay slip data for the most recent month;(b) cumulative pay for tax and pension purposes;(c) cumulative tax paid;(d) tax code;(e) voluntary deductions from pay; and(f) bank or building society account details for payroll purposes.3.6 In connection with a relevant transfer to which TUPE applies, the parties agree that:(a)the Supplier shall perform and discharge all its obligations in respect of all the Transferring Employees and their representatives for its own account up to and including the Service Transfer Date. The Supplier shall indemnify the Customer and any Replacement Supplier in full for and against all claims costs, expenses or liabilities whatsoever and howsoever arising, incurred or suffered by the Customer or any Replacement Supplier including without limitation all legal expenses and other professional fees (together with any VAT thereon) in relation to:(i) the Supplier's failure to perform and discharge any such obligation;(ii) any act or omission by the Supplier on or before the Service Transfer Date or any other matter, event or circumstance occurring before the Service Transfer Date;(iii) all and any claims in respect of all emoluments and outgoings in relation to the Transferring Employees (including without limitation all wages, bonuses, PAYE, National Insurance contributions, pension contributions and otherwise) payable in respect of any period on or before the Service Transfer Date;(iv) any claim arising out of the provision of, or proposal by the Supplier to offer any change to any benefit, term or condition or working condition of any Transferring Employee arising on or before the Service Transfer Date;(v) any claim made by or in respect of any person employed or formerly employed by the Supplier other than a Transferring Employee for which it is alleged the Customer or any Replacement Supplier may be liable by virtue of this Contract and/or TUPE;(vi) any act or omission of the Supplier in relation to its obligations under Regulation 11 of TUPE, or in respect of an award of compensation under Regulation 12 of TUPE; (vii) any statement communicated to or action done by the Supplier or in respect of, any Transferring Employee on or before the Service Transfer Date regarding the Service Transfer which has not been agreed in advance with the Customer in writing; and(viii) any act of the Customer or any Replacement Supplier after the Service Transfer Date which, by virtue of the Employment Regulations, is a breach of a legal obligation in respect of any Transferring Employees.3.7 The parties shall co-operate to ensure that any requirement to inform and consult with the employee representatives in relation to any relevant transfer as a consequence of a Service Transfer will be fulfilled.3.8 For the avoidance of doubt, the terms and conditions set out in this Schedule shall survive the expiry or termination of this Contract between the Parties for any reason. PART 2List of EmployeesSchedule 3 Payments1The Supplier shall submit to UCL once every month until the termination or expiry of this Contract, accounts in respect of work forming that part of the Service which has been completed by the Supplier since the Commencement Date or, where a previous account has been submitted, the date of the last account submitted, as appropriate. The accounts shall set out the Income, Expenditure and Net Income for the period of the accounts, including a breakdown of such Income, Expenditure and Net Income, in a format reasonably required by UCL. The accounts shall include a breakdown of Income, Expenditure and Net Income by each catering location on UCL’s Premises. 2. In calculating Income and Expenditure, the Supplier shall do so in accordance with its reasonable accounting principles and, in any event, in accordance with the relevant and most up to date GAAP.3.3.1 The Supplier shall be entitled to receive and retain all Net Income. The Supplier shall apply such Net Income, inter alia, in payment of its Expenditure and UCL shall have no obligation to reimburse the Supplier for any Expenditure. 3.2 The Supplier shall pay to UCL a Guaranteed Minimum Return quarterly in advance commencing on the Commencement Date as follows:Commencement Date: The Supplier shall pay UCL [AMOUNT][27 April 2014]: The Supplier shall pay UCL [AMOUNT][1 August 2014 to 31 July 2015]: The Supplier shall pay UCL [AMOUNT][1 August 2015 to 31 July 2016]: The Supplier shall pay UCL [AMOUNT]From [1 August 2016]: The Supplier shall pay UCL [AMOUNT]3.3 On a quarterly basis the Supplier shall carry out a reconciliation exercise. In the event that the Net Income in any one quarter exceeds the (i) Guaranteed Minimum Return paid in relation to that quarter; plus (ii) any aggregate Loss born by the Supplier in the previous years of the Contract (save to the extent that such aggregate Loss has previously been recouped by the Supplier) (any such surplus being the “Surplus”), then in addition to the Guaranteed Minimum Return paid in relation to such quarter pursuant to paragraph 3.2, the Supplier shall pay to UCL within 10 days of such reconciliation a share of the Surplus as follows:[Commencement Date to 31 July 2014]: [AMOUNT%] of the Surplus[1 August 2014 to 31 July 2015]: [AMOUNT%] of the Surplus[1 August 2015 to 31 July 2016]: [AMOUNT%] of the SurplusFrom [1 August 2016]: [AMOUNT%] of the Surplus4. Where the Supplier provides any free student and staff meals as part of the Services at the request of UCL, the cost of such provision shall be agreed between the Supplier and UCL in advance (as evidenced by a purchase order from UCL) and such provision shall not be included in any of the calculations in paragraph 3 hereof. The Supplier shall invoice UCL for such items on a monthly basis as such services are provided.5. Any invoices from the Supplier to UCL must quote the correct purchase order number and the invoice must be addressed to the invoice address stated on the purchase order and marked for the attention of “Accounts Payable”. UCL shall pay the invoiced amounts within 30 days of the date of receipt of a correctly rendered invoice to a bank account nominated in writing by the Supplier. 6.All amounts payable by UCL under this Contract are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under this Contract by the Supplier to UCL, UCL shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.7.If either party fails to make any payment due to the other party under this Contract by the due date for payment, then the other party shall have the right to charge interest on the overdue amount at the rate of 3% per annum above the base rate of Barclays Bank PLC from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The party which has failed to make a timely payment shall pay the interest together with the overdue amount. This paragraph shall not apply to payments that either party disputes in good faith. 8. The Supplier shall maintain complete and accurate records of the time spent and materials used by the Supplier in providing the Services, and the value of any payment or deduction made under this Contract, and shall allow UCL to inspect such records at all reasonable times on request. The Supplier undertakes and warrants that all financial settlements, reports and billings rendered to UCL under this Contract shall properly reflect the facts of all activities and transactions and may be relied upon as being complete and accurate in any further recording or reporting made by UCL for any purpose.9.The financial terms set forth in this Schedule are based on the conditions in existence on the date the Supplier commences provision of the Services, including but not limited to the number of customers entitled to use the Catering Facilities, the Services content, the condition of the Catering Facilities and food and beverage costs. In the event of a material change in such conditions, the Supplier shall be entitled to request that the financial terms and other obligations assumed by it shall be renegotiated on a mutually agreeable basis to reflect such change, in accordance with the Change Control Procedure. Schedule 4 Change Control Procedure1. General Principles1.1 Where UCL or the Supplier sees a need to change this Contract (including without limitation the Services, Specification or Service Levels), UCL may at any time request, and the Supplier may at any time recommend, such Change only in accordance with the Change Control Procedure set out in paragraph 2 of this Schedule.1.2 Until such time as a Change is made in accordance with the Change Control Procedure, UCL and the Supplier shall, unless otherwise agreed in writing, continue to perform this Contract in compliance with its terms before such Change.1.3 Any discussions which may take place between UCL and the Supplier in connection with a request or recommendation before the authorisation of a resultant Change shall be without prejudice to the rights of either party. 1.4 Any work undertaken by the Supplier and the Supplier's Personnel which has not been authorised in advance by a Change, and which has not been otherwise agreed in accordance with the provisions of this Schedule, shall be undertaken entirely at the expense and liability of the Supplier. HYPERLINK "" \l "top#top" \o "Link to the top of the document" Top2. Procedure2.1 Discussion between UCL and the Supplier concerning a Change shall result in any one of the following:(a) no further action being taken; or(b) a request to change this Contract by UCL; or(c) a recommendation to change this agreement by the Supplier. 2.2 Where a written request for an amendment is received from UCL, the Supplier shall, unless otherwise agreed, submit two copies of a Change Control Note signed by the Supplier to UCL within three weeks of the date of the request.2.3 A recommendation to amend this Contract by the Supplier shall be submitted directly to UCL in the form of two copies of a Change Control Note signed by the Supplier at the time of such recommendation. UCL shall give its response to the Change Control Note within three weeks.2.4 Each Change Control Note shall contain: (a) the title of the Change;(b) the originator and date of the request or recommendation for the Change; (c) the reason for the Change; (d) full details of the Change, including any specifications; (e) the price, if any, of the Change;(f) a timetable for implementation, together with any proposals for acceptance of the Change; (g) a schedule of payments if appropriate;(h) details of the likely impact, if any, of the Change on other aspects of this Contract including:(i) the timetable for the provision of the Change; (ii) the personnel to be provided; (iii) the Payments; (iv) the documentation to be provided; (v) the training to be provided; (vi) working arrangements; (vii) other contractual issues;(i) the date of expiry of validity of the Change Control Note; and (j) provision for signature by UCL and the Supplier.2.5 For each Change Control Note submitted by the Supplier UCL shall, within the period of the validity of the Change Control Note:(a) allocate a sequential number to the Change Control Note; and(b) evaluate the Change Control Note and, as appropriate:(i) request further information;(ii) arrange for two copies of the Change Control Note to be signed by or on behalf of UCL and return one of the copies to the Supplier; or(iii) notify the Supplier of the rejection of the Change Control Note. 2.6 A Change shall not be authorised and the Supplier shall not implement a Change unless and until the relevant Change Control Note has been signed by both UCL and the Supplier.2.7 A Change Control Note signed by the UCL and by the Supplier shall constitute an amendment to this Contract.Schedule 5 Service LevelsSchedule 6 Supplier’s Tender Part 3 Form of tender TENDER CERTIFICATETO: University College LondonDATE: PROVISION OF: Provision of Catering ServicesREFERENCE NUMBER: Reference Number: UCL - PS - 344We INSERT NAME the undersigned, having examined the ITT and all other schedules, offer to provide Catering Services as specified in those documents and in accordance with the attached documentation to UCL commencing 27th January 2014 and continuing for the period specified in the Contract.If this offer is accepted, we will execute such documents in the form of the Contract within fifteen days of being called on to do so.We agree that before executing the Contract (and associated schedules) substantially in the form set out in the ITT, the formal acceptance of this Tender in writing by UCL or such parts as may be specified, together with the contract documents attached hereto shall comprise a binding contract between UCL and us.I warrant that I have all requisite authority to sign this Tender and confirm that I have complied with all the requirements of the ITT.Signature_______________________________________________Name and Status_______________________________________________Signature_______________________________________________Name and Status_______________________________________________For and on behalf ofPart 4 Certificate of non-collusive tendering and non-canvassing I / We certify that the information supplied is accurate to the best of our knowledge. I / We understand that UCL shall be entitled to cancel any contract and to recover from our organisation the amount of any loss or damage resulting from such cancellation if false information is provided in relation to the undertaking below. I accept that false information could result in rejection of the application to be selected to take part in this procurement process.I / We also understand that it is a criminal offence to offer or provide or make any gift or consideration as an inducement or reward to any servant of a public body. Any such action will result in rejection of our application to participate further in this procurement process.I / we confirm that I/we have not (or shall not as the context requires) in relation to this opportunity:committed any offence under the Bribery Act 2010 or have given any fee or reward the receipt of which is an offence under Section 117(2) Local Government Act 1972;canvassed any member, employee, agent or contractor of the UCL in connection with the award of the contract for the project or any other proposed contract for similar services and that no person employed by me/us or acting on my / our behalf has done any such act;entered into any agreement or arrangement with any other party that s/he shall not bid;entered into any agreement with any other person with the intention to prevent bids being made or as to the fixing or adjusting of the amount of any bid or the conditions on which any bid is made or the elements or contents of any bid;caused or induced any person to enter into such an agreement as mentioned above;offered or agreed to pay, give or accept any sum of money, inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any proposed bid any act or omission;offered or agreed to pay, give or accept any sum of money, inducement or valuable consideration directly or indirectly to any person bidding for this opportunity for services from any person in relation to this opportunity;informed any other person, other than the UCL, of any confidential information in relation to the procurement, except where the disclosure, in confidence, was authorised by UCL and necessary for the obtaining of tenders from Bidders;agreed to undertake work or services for any other person in connection with the services; and/or,shall not procure the doing of any of the acts mentioned in paragraphs (a) to (i) above before the deadline for the ITT.SignatureName and statusFor and on behalf ofTo be signed and returned with the Tender submission. A tender will be disqualified if this is not completed and submitted. ................
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