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Clyde and Hebrides Ferry Services: Invitation To Tender

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SECTION 7
STATEMENT OF UNDERSTANDING OF KEY REQUIREMENTS OF THE SERVICE SPECIFICATION

Technical Submissions should include a clear statement confirming that:

  1. the Tenderer accepts and all the terms and conditions in the Contracts as issued or as re-issued in accordance with Section 2.4.21). (Section 2.5.2)
  2. the Tenderer accepts that it will be responsible for all its costs relating to mobilisation of the CHFS Services, the operation of the CHFS Services as described in this ITT including crewing and other staff costs, upkeep of vessels, the provision of any replacement vessel when required (unless provided to CMAL pursuant to the FCA) and obligations relating to the handover of the operation of the CHFS Services at the end of the Contract Period (if the Operator is not appointed to provide the same or similar services thereafter pursuant to a subsequent tendering exercise) Such costs are to be included as a separate line entry in the Costed Bid. (Section 2.5.4)
  3. the Tenderer will comply with the requirement to account for the subsidy in a transparent and auditable fashion so that it is able to demonstrate that there is no cross-subsidisation with other business activities. (Section 2.5.8)
  4. the Tenderer will comply with the requirement that a public service contract may only be concluded with a Community shipowner as defined in the Cabotage Regulation. (Section 2.5.14)
  5. the Tenderer will comply with international, European and national regulations, Codes and procedures at all times and, in particular, with the requirements of the International Safety Management ( ISM) Code and Merchant Shipping legislation enforced by the MCA. (Section 2.5.16)
  6. the Tenderer will comply with all relevant rules and regulations including Health & Safety at Work Regulations enforced by the Health and Safety Executive and the Port Marine Safety Code as applicable. (Section 2.5.17)
  7. the Tenderer will comply with the terms of the Terrorism Act 2000 (as amended by the Anti-Terrorism, Crime and Security Act 2001) in relation to the collation and distribution of information on the carriage of passengers, cars and loose freight and parcels. (Section 2.5.18)
  8. the Tenderer will, if successful, provide all information which may be required in order to allow the Executive to comply with the provisions of Directive 80/723 (as amended) ("The Transparency Directive") in so far as it applies to the Operator of the CHFS Services. (Section 2.5.19)
  9. the Tenderer will have regard to the legislative framework and obligations in relation to disabled people and will consider the needs of disabled travellers. (Section 2.5.20)
  10. the Tenderer accepts the terms of the performance regime. (Section 2.5.39)
  11. the Tenderer accepts the relevant provisions in the PSC and Tripartite Agreement relating to termination and remedy of breaches. (Section 2.5.46)
  12. the Tenderer accepts the requirement to establish a Project Committee with CMAL to discuss various aspects various aspects of the Harbour Agreement and to attend meetings with CMAL to discuss these matters. (Section 2.5.47)
  13. the Tenderer accepts the requirement to attend and contribute to meetings in relation to research undertaken by the Executive in relation to routes, service patterns and fares. (Section 2.5.49)
  14. the Tenderer accepts the requirement to attend regular meetings with the Executive as part of the monitoring and management of the PSC. (Section 2.5.50)
  15. the Tenderer accepts the requirement to comply with all relevant national and international legislation, Conventions, Directives, as well as Industry Codes and Standards. (Section 2.6.2)
  16. the Tenderer confirms that it will meet the requirement to provide ferry services on the routes listed in Annex 1 and, as a minimum, as specified in the timetables set out in the Information Room with the additional services set out in Section 3.3.3. (Section 3.3.2)
  17. the Tenderer accepts the requirement to charter the CMAL Vessels, being those of the CMAL Fleet identified in its Tender Submission, for duration of the Contract Period on the terms set out in the FCA. (Section 3.4.4)
  18. the Tenderer will comply with the requirement to provide equivalent on-board facilities, restaurants, cafeterias, vending machines etc as are currently provided. (Section 3.4.8)
  19. the Tenderer accepts the following requirements (Section 3.4.13):
    1. Tenderers may only propose to bring their own vessels (or vessels chartered from third parties) to provide elements of the Minimum Standard if they have first chartered all of the CMAL Fleet;
    2. Where Tenderers intend to use non- CMAL Fleet vessels this will be subject to the approval of the Executive; and
    3. All non- CMAL Fleet vessels that are used to provide the CHFS Services must be of at least the same standard as the CMAL Fleet.
  21. The Tenderer will comply with the requirement that any non- CMAL Fleet vessels used to provide the CHFS Services must be classed by a recognised organisation as defined in EU Directive 94/57/ EC (as amended) and authorised by the United Kingdom. (Section 3.4.14)
  22. the Tenderer accepts that the CMAL Vessels will be deployed on the CHFS Network and that the terms of the charterparties do not contemplate them being used for any other purpose other than for undertaking the non-timetabled requirements set out at Annexes 4 and 5. (Section 3.4.16)
  23. the Tenderer accepts that the subsidy will be adjusted, as set out in Clause 5 of the PSC, to take account of any variations in respect of new CMAL Vessels which the Operator will be required to operate. (Section 3.4.17)
  24. the Tenderer will enter into the Harbour Agreement with CMAL for the use of the Harbours and Harbour Facilities. (Section 3.5.6)
  25. the Tenderer accepts that, if successful, under the Harbour Agreement it will be required to carry out certain management and other functions for an agreed fee ("the Harbour Operating and Maintenance Fee"). (Section 3.5.9)
  26. the Tenderer confirms that, if successful, it shall ensure that, as a minimum, all Harbour Facilities including waiting rooms, reservation offices, cafeterias, etc. are available to users at the times currently provided and that the extent of such facilities is maintained to at least the existing level. (Section 3.5.12)
  27. the Tenderer confirms that the timetables in the Information Room will form the Minimum Standard of service under the PSC, and that the Summer timetable will apply for a minimum of 28 consecutive weeks each year. (Section 3.7.6)
  28. the Tenderer, if successful, will comply with any instruction by the Executive to implement a revised timetable to meet the needs of local communities. (Section 3.7.9)
  29. the Tenderer will co-operate with the requirements to provide the emergency services with out of hours contact details for the purpose of providing lifeline support to the emergency services. (Section 3.7.13)
  30. the Tenderer, if successful, will provide the full range of fares set out in the Table of Rates, Fares and Charges and will honour all types of ticket sold by CFL prior to the commencement of the CHFS Services. (Section 3.8.6)
  31. the Tenderer, if successful, will comply with the provisions relating to the setting and adjustment of fares set out in the PSC. (Section 3.8.7)
  32. the Tenderer accepts the requirements relating to fare increases. (Section 3.8.9)
  33. the Tenderer accepts the requirement to continue the existing preferential tariffs for the specified users. (Section 3.8.11)
  34. the Tenderer, if successful, will continue the concessionary fair schemes set out in the Information Room. (Section 3.8.12)
  35. the Tenderer accepts the requirement to participate in any concessionary travel scheme that the Executive implements. (Section 3.8.13)
  36. the Tenderer accepts the requirement to continue the special charging arrangements and loose freight and parcel/livestock rates set out in the Information Room. (Section 3.8.15)
  37. the Tenderer confirms that it will not use the CalMac Brand for any purpose other than operating the CHFS Services. The Tenderer also accepts the requirement that once the PSC has expired, it will be required to cease using the CalMac Brand and return it fully to CMAL. The Successful Tenderer will be required to enter into the Licensing Agreements with CMAL. (Section 3.9.3)
  38. the Tenderer accepts the requirements relating to brochures and timetables set out in the ITT. (Section 3.10.8)
  39. the Tenderer will comply with the requirements relating to Ticketing, Information and Integrated Transport set out in the ITT. (Section 3.10.14)
  40. the Tenderer, in providing the CHFS Services, will consider the needs of disabled travellers. (Section 3.11.1)
  41. the Tenderer will comply with the requirement to ensure that crews are able to communicate with passengers and each other in English (the principal language of the passengers carried) to meet the requirements of the International Safety Management ( ISM) Code and of Standards of Training, Watchkeeping and Certification Convention and Code 1995.The Tenderer also confirms that that it will comply with the requirement to ensure that crew and shore staff who deal directly with users of the CHFS Services are proficient in English. (Section 3.13.1)
  42. the Tenderer will comply with the requirement to retain the bi-lingual (Gaelic and English) taped "Welcome" announcements currently provided on seven CHFS routes serving the Hebrides and to provide bilingual (Gaelic and English) literature and signage in passenger areas of vessels serving the routes specified in Annex 11 and to continue the current practice of displaying the names of CMAL Vessels in both Gaelic and English. (Section 3.13.5)
  43. the Tenderer, if successful, shall comply with the Executive's requirements in relation to consultation with users. (Section 3.14.2)
  44. the Tenderer will comply with the requirement to keep monthly performance figures and information up to date and make them publicly available and on display at Harbour offices, on board vessels and on its website. (Section 3.15.2)
  45. the Tenderer will comply with the requirement to co-operate with the Executive in the monitoring arrangements set out in the PSC and provide accurate auditable information to the Executive. (Section 3.16.1)
  46. the Tenderer will comply with the information requirements required for internal audit purposes, to comply with EU rules relating to the Transparency Directive, Cabotage Regulations, etc., to inform Parliament, and to inform the Executive and other Tenderers in the next competition. (Section 3.17.1)
  47. the Tenderer will comply with (Section 3.18.1):
    1. all applicable International Conventions, EU Council Directives and Regulations, and National Regulations and ensure that relevant industry codes, guidance and standards are fully taken into account.
    2. all Merchant Shipping Legislation enforced by the MCA,
    3. the requirement that the vessels to be used on the CHFS Network, and all matters concerning their operation, comply with relevant UK and EU legislation for passenger Ro-Ro ships ( EU(B), Class IIA, and Classes III to VIA as appropriate).
    4. the requirement that both the vessels and the Tenderer comply with the requirements of the ISM Code rather than the Domestic Small Passenger Ship Code.
  49. the Tenderer, if successful, in carrying out all duties relating to shore side activities shall comply with all relevant rules and regulations, including Health and Safety legislation, applicable Regulations and Codes of Practice and the Port Marine Safety Code as applicable. (Section 3.18.3)
  50. the Tenderer will comply with the requirement that, in the event that the PSC is terminated or there is a breakdown in the contractual relationship, all Ship Safety Management Systems and safety documentation relating to CHFS Services must be made available to CMAL and the Executive in order that the continuation of the lifeline ferry services can be ensured in accordance with the terms of the PSC. (Section 3.18.4)
  51. the Tenderer, if successful, will comply with the requirement to cooperate fully with all reasonable requests if and when another operator is appointed to take over the CHFS Services or to provide services broadly similar to them (when a subsequent public service contract is being awarded). It also confirms that it will work closely and cooperate fully with CMAL and the new operator during the handover period in accordance with the Handover Assistance Plan. (3.20.4)
  52. the Tenderer accepts: (Section 4.3.1):
    1. all the requirements of the Services Specification (as set out in Section 3 of the ITT); and
    2. all the terms and conditions of the PSC, the Harbour Agreement, the FCA and Charterparties, the Licensing Agreements, the Property and Equipment Licence and the Tripartite Agreement.
  54. the Tenderer shall comply with the existing tariff structure set out in the Table of Rates and Charges for the first year in which the CHFS Services are provided. (Section 4.15.13)
  55. the Tenderer shall for the first year in which it provides the CHFS Services comply with the existing Summer and Winter timetables. (Section 4.15.16)

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Page updated: Monday, December 18, 2006