Purchase, Installation and

Maintenance
of
a Liquid Nitrogen Facility for
Molecular Collections

Form of Contract
 FORM OF CONTRACT

Contract for: The supply, installation and maintenance of a liquid nitrogen storage facility

Contract Number: NHM Sci LN2 2010

This contract dated 5 November 2010 is made between

The Trustees of Natural History Museum, whose offices are situated at Cromwell Road, London SW7 5BD
(herein after referred to as Museum)
And
Appleton Woods Ltd of Lindon House, Heeley Road, Selly Oak, Birmingham B29 6EN, Company
Registration Number 00907224 (Herein after referred to as the Contractor)
Whereas the Museum requires the Contractor to supply certain services as defined in the specification.
The Contractor having represented to the Museum that they have the professional skills personnel and
technical resources, have agreed to supply the Services on the terms and conditions set forth in this
Contract.

It hereby agreed as follows:

1. Documents
The Contract shall comprise the following documents:
Form of Contract (this document)
Pricing Schedule as amended to include additional items quoted in Contractor’s email of 27 October
2010
Terms and Conditions for goods and services (equipment)
Museum Specification
Contractor’s tender response and associated documents submitted on 14 October 2010

2. Previous Communications
This Contract constitutes the entire agreement and supersedes all previous communication between the
parties other than as expressly recorded within General Administration/Special Conditions.

3. Financial Limits
In consideration of satisfactory performance of the Services, the Museum shall make to the Contractor
such payment and in such manner as provided in the Pricing Schedule. These payments will be made
against agreed deliverables. The contract price will include all expenses.

4. Duration
The contract will be for a period of up to 12 months
The maintenance contract for a period of up to 5 years

5. Acknowledgement
The Contractor shall confirm acceptance of the terms of this Contract by signing and returning to the
Contract Manager the duplicate copy enclosed herewith within a period of 30 days.

For and on behalf of The Natural History Name:

Museum
Position:

Signature:

Date:

For and on behalf of Appleton Woods Ltd Name:

Position:

Signature:

Date:
 Purchase, Installation and
Maintenance of
a Liquid Nitrogen Facility for
Molecular Collections

Terms & Conditions for Goods and

Services (Equipment)
 The Natural History Museum

TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES (EQUIPMENT)

1. Definitions
In these Conditions:

'Condition' Means a condition within the Contract.

'Contract' Means the Contract between the Museum and the

Contractor consisting of these Conditions and any
other documents (or parts thereof) specified entered
into by means of the Contractor offering a quotation
for the Services and the Museum’s subsequent
acceptance of it.

'Contractor' Means the person, firm or company named in the

Contract.

‘Days’ Means Saturday to Sunday (inclusive) excluding Bank

Holidays and National Holidays

'Equipment' Means any goods, consumables and other items

supplied under this contract

'Key Personnel' Means the person(s) appointed from time to time by

the Contractor to perform the Services in accordance
with the terms of the Contract.

‘Location’ Means the places where the Equipment is to be

installed as specified in the Specification

'Museum' Means the Trustees of the Natural History Museum,

Cromwell Road London SW7 5BD.

'Museum' Premises' Means the location of the land or buildings owned or

occupied by the Museum where the Services are to
be performed.

'Performance Criteria' Means the performance criteria, which it is intended

the Equipment shall fulfil as detailed in the
Specification.

‘Price’ Means the price for the Equipment and Services to

be provided as specified in the Pricing Schedule.

'Services' Means the services to be provided by the Contractor

as specified in the Contract and shall, where the
context so admits, include any materials, articles,
reports and goods to be supplied thereunder.

'Specification' Means the specification in the invitation to tender

document issued by the Museum, or any
specification provided by the Museum to the
Contractor in relation to the Equipment or the
Services.
2. Interpretation
2.1 A reference to any statute, enactment, order, regulation or other similar instrument shall be construed
as a reference to the statute, enactment, order, regulation or instrument as subsequently amended or re-
enacted.
2.2 The headings to Conditions are for ease of reference only and shall not affect the interpretation or
construction of the Conditions.
2.3 Where the context allows, the masculine includes the feminine and the neuter, and the singular
includes the plural and vice versa.

3. Application of Conditions
3.1 These conditions shall apply to and be incorporated into the Contract and prevail over any
inconsistent terms or conditions contained in the Contractor’s quotation, proposal, confirmation of order,
specification or any other document supplied by the Contractor or implied by law, trade custom, practice
or course of dealing.
3.2 The Contractor’s quotation for Services constitutes an offer by the Contractor to supply the
Equipment and Services specified in these Conditions. The Contractor’s standard terms and conditions (if
any) attached to, enclosed with or referred to in any document shall not govern the Contract.

4. Contractor’s Status
4.1 Nothing in the Contract shall be construed as creating a partnership, a Contract of employment or a
relationship of principal and agent between the Museum and the Contractor.
4.2 Nothing in this Contract shall impose any liability on the Museum in respect of any liability incurred
by the Contractor to any other person. This shall not be taken to exclude or limit any liability of the
Museum to the Contractor that may arise by virtue of either a breach of this Contract or any negligence
on the part of the Museum, their staff or agents.

5. The Contractor’s Equipment and the Services

Upon the terms and conditions contained in the Contract the Contractor hereby agrees to:
a) Sell the Equipment to the Museum free from any encumbrance;
b) Deliver the Equipment; and
c) Install the Equipment at the Location

6. The Contractor’s Responsibilities for the Services

The Contractor shall:
6.1 co-operate with the Museum in all matters relating to the Services.
6.2 be deemed to have understood the nature and extent of the Services to be carried out and satisfied
himself in relation to all matters connected with the Services.
6.3 provide the Services promptly with all due care, skill and diligence, and in accordance with good
industry practice and shall allocate sufficient resources to the Services to enable him to comply with this
obligation.
6.4 ensure that the Contractor's staff employed in the provision of the Services shall possess the
qualifications and competence appropriate to the tasks for which they are employed.
6.5 shall provide, at all times a sufficient number of staff required to fulfil his obligations under the
Contract.
6.6 make available for the entire period needed to fulfil their part in the provision of the Services any
individuals named as Key Personnel. The Contractor shall provide the Museum with a list of the names of
all those regarded by the Contractor as Key Personnel. The Museum may at any time by notice to the
Contractor designate any person concerned with providing the Services or any part of it as being one of
the Key Personnel. The Contractor shall not without the prior written approval of the Museum make any
changes in the Key Personnel referred to herein.
6.7 provide the Museum with such reports of the Services at such intervals and in such form as the
Museum has specified and may from time to time require.
6.8 meet any performance dates specified in the Specification; the Contractor acknowledges that time
shall be of the essence in performing its obligations under this agreement. If the Contractor fails to do
so, the Museum may (without prejudice to any other rights it may have):
(a) terminate the Contract in whole or in part without liability to the Contractor;
(b) refuse to accept any subsequent performance of the Services which the Contractor attempts to make;
(c) purchase substitute services elsewhere;
(d) hold the supplier accountable for any loss and additional costs incurred; and
(e) have refunded by the Contractor all sums previously paid by the Museum to the Contractor under the
Contract.
7. The Contractor’s responsibility for the Equipment
7.1 The Equipment shall be of the best available design, of the best quality, material and workmanship, be
without fault and conform in all respects with the Specification and/or patterns supplied or advised by
the Museum to the Contractor.
7.2 The introduction of new methods or Equipment, which impinge on the provision of the Services, shall
be subject to prior approval of the Museum.
7.3 The Museum’s rights under these conditions are in addition to the statutory conditions implied in
favour of the Museum by the Sale of Goods Act 1979.
7.4 At any time prior to the delivery of the Equipment to the Museum the Museum shall have the right to
inspect and test the Equipment.
7.5 If the results of such inspection or testing cause the Museum to be of the opinion that the Equipment
does not conform or are unlikely to conform with the Specification and/or any patterns supplied or
advised by the Museum to the Contractor, the Museum shall inform the Contractor and the Contractor
shall immediately take such action as is necessary to ensure conformity and in addition the Museum shall
have the right to require and witness further testing and inspection.
7.6 Notwithstanding any such inspection and testing, the Contractor shall remain fully responsible for the
Equipment and any such inspection or testing shall not diminish or otherwise affect the Contractor’s
obligations under the Contract.
7.7 If any of the Equipment fails to comply with provisions set out in this clause 6, the Museum shall
(without prejudice to its other rights or remedies) be entitled to:
(a) rescind the order;
(b) to reject the Equipment (in whole or in part) and return them to the Contractor at the risk and
cost of the Contractor on the basis that a full refund for the Equipment so returned shall be paid
forthwith by the Contractor;
(c) at the Museum’s option to give the Contractor the opportunity at the Contractor’s expense
either to remedy any defect in the Equipment or to supply replacement Equipment and carry out any
other necessary work to ensure that the terms of the Contract are fulfilled;
(d) To refuse to accept any further deliveries of the Equipment but without any liability to the
Contractor;
(e) To carry out at the Contractor’s expense any work necessary to make the Equipment comply
with the Contract; and
(f) To claim such damages as may have been sustained in consequence of the Contractor’s breach
or breaches of the Contract.

8. Price and Payment

8.1 The Museum shall pay to the Contractor a firm price as detailed in the Pricing Schedule
8.2 Payment shall be made within 30 Days of receipt by the Museum of the Contractor's correct invoice,
the date of posting a cheque shall be the date of payment, and the date of payment by electronic
transmission shall be the date the transmission is effected.
8.3 Where the Contractor enters a sub-contract with a supplier or contractor for the purpose of
performing the Contract, he shall cause a term to be included in such a sub- contract which requires
payment to be made to the supplier or contractor within a specified period not exceeding 30 Days from
the receipt of a valid invoice as defined by the sub-contract requirements.

9. Recovery of Sums Due

Wherever under this Contract any sum of money is recoverable from or payable by the Contractor, that
sum may be deducted from any sum then due, or which at any later time may become due, to the
Contractor under this Contract or under any other contract or agreement with the Museum.

10. Title and Risk

10.1 The legal and beneficial ownership of the Equipment shall pass to the Museum on payment in full
and in cleared funds of the Price, which may be due under this Contract.
10.2 Risk in the Equipment shall pass to the Museum on delivery (including offloading and any stacking)
of the Equipment to the Location and accordingly the Museum shall be responsible for insuring the
Equipment against all normal risks from the time risk passes.

11. Patents and Information

11.1It shall be a condition of this Contract that, except to the extent that the Services incorporate
designs furnished by the Museum, the Services will not infringe any patent, trade mark, registered design,
copyright or other right in the nature of industrial property of any third party. The Contractor shall
indemnify the Museum against all actions, claims, demands, costs and expenses which the Museum may
suffer or incur as a result of or in connection with any breach of this Condition.
11.2 All rights (including ownership and copyright) in any reports, specifications, instructions, plans,
drawings, patents, and models, designs or other documents and material
(a) furnished to or made available to the Contractor by the Museum are hereby assigned to and
shall vest in the Museum absolutely, and/or
(b) prepared by or for the Contractor for use, or intended use, in relation to the performance of this
Contract are hereby assigned to and shall vest in the Museum absolutely.
11.3 The Contractor shall not and shall procure that his employees, associates, agents, and sub-
contractors shall not (except to the extent necessary for the implementation of this Contract) without
the prior written consent of the Museum, use or disclose any such reports, specifications, instructions,
plans, drawings, patents, models, designs or other documents and material as aforesaid or any other
information (whether or not relevant to this Contract) which the Contractor may obtain pursuant to or
by reason of this Contract, except information which is in the public domain otherwise than by reason of
a breach of this provision, and in particular (but without prejudice to the generality of the foregoing) the
Contractor shall not refer to the Museum or the Contract in any advertisement or publicity without the
Museum's prior written consent.
11.4 The provisions of this Condition 11 shall apply during the continuance of this Contract and after its
termination howsoever arising.

12. Location Preparation

The Contractor shall supply to the Museum, in a reasonable time before delivery of the Equipment, such
information and assistance as may be necessary to enable the Museum to prepare the Location for the
installation of the equipment, and to provide proper environmental and operational conditions for the
efficient working and maintenance of the equipment. For this purpose the Contractor will make available
to the Museum free of charge, the services of suitably qualified personnel.

13. Security
13.1 The Contractor shall take the steps reasonably required by the Museum to prevent unauthorised
persons being admitted to any of the Museum's Premises. If the Museum gives the Contractor notice
that any person is not to be admitted to, or is to be removed from the Museum's Premises or is not to
become involved in or is to be removed from involvement in the performance of the Contract, the
Contractor should take all reasonable steps to comply with such notice. If required by the Museum the
Contractor shall replace any person removed under this Condition with another suitably qualified person
and procure that any pass issued to the person removed is surrendered.
13.2 If and when instructed by the Museum, the Contractor shall give to the Museum a list of names and
addresses of all persons who are or may be at any time concerned with the Services or any part of them,
specifying the capacities in which they are so concerned, and giving such other particulars and evidence
of identity and other supporting evidence as the Museum may reasonably require.
13.3 The Contractor shall also provide such evidence as may be reasonably requested by the Museum to
confirm the identity and residence of any person on the list provided under Clause 13.2 hereof and, if
applicable, their permission to either reside or work in the United Kingdom. To confirm identity the
Contractor must have seen such documents as the Museum specify.
13.4 The decision of the Museum as to whether any person is to be admitted to or is to be removed from
the Museum's Premises or is not to become involved in or is to be removed from involvement in the
performance of the Contract and as to whether the Contractor has furnished the information or taken
the steps required of him by this Condition shall be final and conclusive.
13.5 The Contractor shall bear the cost of any notice, instruction or decision of the Museum under this
Condition.

14. Heath and Safety

The Contractor shall:
14.1 observe and ensure that the Contractor’s personnel observe all health and safety rules and
regulations that apply at the Museum’s premises.
14.2 notify the Museum as soon as it becomes aware of any health and safety hazards or issues which
arise in relation to the Services or Equipment
14.3 before the date on which the Services are to start, obtain and at all times maintain all necessary
licences and consents and comply with all relevant legislation in relation to the Services and the
Equipment.

15. Delivery
15.1 On the date specified in the Implementation Plan, the Contractor shall deliver the Equipment to the
Off Loading Point during normal business hours and move it to the Location.
15.2 The date of delivery shall be specified in the Order or if no such date is specified, delivery shall take
place within 28 days of the Order.
15.3 The Contractor shall not carry out or be responsible for the removal of doors, widening of entrances
or any other structural work of any description for the purpose of moving the Equipment from the Off
Loading Point to the Location. This work shall be undertaken by the Museum at its own expense.
15.4 The Price includes the cost of delivery of the Equipment to the Location by any method of transport
selected by the Contractor.
15.5 The Contractor will remove from the Museum’s Premises, at their own cost, all packing cases, skids,
drums and any other packing material used for delivery of the equipment.
15.6 Time for delivery shall be of the essence.
15.7 If the Equipment delivered is in excess of the quantities ordered the Museum shall not be bound to
pay for the excess and any excess shall be and shall remain at the Contractor’s risk and shall be returnable
at the Contractor’s expense.
15.8 The Museum shall not be deemed to have accepted the Equipment until it has been a reasonable
period to inspect and test the Equipment following delivery. The Museum shall also have the right to
reject the Equipment as though it had not been accepted for a reasonable period after any latent defect
has become apparent.

16. Installation
16.1The Contractor shall install the Equipment on the dates agreed between the Museum and the
Contractor.
16.2 If in the reasonable opinion of the Contractor it is necessary to remove or otherwise disconnect any
of the Museum’s existing equipment at the Location or elsewhere on the Museum’s Premises, in order to
carry out the installation of the Equipment, the Contractor shall provide the Museum with a reasonable
amount of prior notice. The Museum shall permit and obtain all necessary consents for, such removal
and/or disconnection and shall give the Contractor all necessary assistance to enable such work to be
carried out.

17. Warranties and Guarantee Period

17.1The Contractor warrants that the Equipment will after acceptance by the Museum provide the
facilities and functions set out in the Specification and will fulfil the Performance Criteria and be free
from defects in materials, workmanship and installation
17.2 The Contractor acknowledges that the Equipment must fulfil the Performance Criteria for a
reasonable period following installation and guarantees such fulfilment for a reasonable period following
installation.
17.3 The Museum may by written notice to the Contractor within the guarantee period set out at clause
17.2 reject any of the Equipment that in the reasonable opinion of the Museum fails to meet the
Performance Criteria. The Museum shall be entitled, with no costs to the Museum and without prejudice
to its other rights and remedies either:
a) to require the Contractor to rectify the defect at the Contractor’s own expense;
b) to require the Contractor to replace the faulty Equipment at the Contractor’s expense; or
c) to obtain a refund from the Contractor in respect of the faulty Equipment.
17.4 Any Equipment returned or rejected by the Museum shall be returned to the Contractor at the
Contractor’s own risk and expense.

18. Confidentiality
18.1 The Contractor shall keep in strict confidence all technical and commercial know-how,
specifications, inventions, processes or initiatives which are of a confidential nature and have been
disclosed to the Contractor by the Museum or its agents and any other confidential information
concerning the Museum’s business or its inventions or developments which the Contractor may obtain
and the Contractor shall restrict disclosure of such confidential material to its employees, agents or
subcontractors as need to know the same for the purposes of discharging the Contractor’s obligations to
the Museum and shall ensure that such employees, agents or subcontractors are subject to like
obligations of confidentiality as bind the Contractor.
18.2 All materials, equipment, tools, drawings specifications and data supplied by the Museum to the
Contractor shall, at all times, be and remain the exclusive property of the Museum, but shall be held by
the Contractor in safe custody at its own risk and maintained and held in good condition by the
Contractor until returned to the Museum, and shall not be disposed of or used other than in accordance
with the Museum’s written instructions or authorisation.

19. Force Majeure

19.1Neither Party shall be liable to the other Party by reason of any failure or delay in performing its
obligations under the Contract which is due to Force Majeure, where there is no practicable means
available to the Party concerned to avoid such failure or delay.
19.2 If either Party becomes aware of any circumstances of Force Majeure which give rise to any such
failure or delay, or which appears likely to do so, that Party shall promptly give notice of those
circumstances as soon as practicable after becoming aware of them and shall inform the other Party of
the period for which it estimates that the failure or delay will continue.
19.3 For the purposes of this Condition, “Force Majeure” means any event or occurrence, which is
outside the control of the Party concerned and which is not attributable to any act or failure to take
preventive action by the Party concerned, but shall not include any industrial action occurring within the
Contractor’s organisation or within any sub-contractor’s organisation.
19.4 Any failure or delay by the Contractor in performing their obligations under the Contract which
results from any failure or delay by an agent, sub-contractors or contractor shall be regarded as due to
Force Majeure only if that agent, sub-contractor or contractor is itself impeded in complying with an
obligation to the Contractor by Force Majeure.
19.5 Any costs arising shall be borne by the party incurring the same. Either party may, if such delay
continues for more than 5 weeks, terminate the Contract forthwith on giving notice in writing to the
other by reason of such termination of which shall be refunded to the Customer whether paid by way of
a deposit or otherwise).

20. Audit
20.1 Except in cases of termination as provided under Condition 28, the Contractor shall keep and
maintain until two years after the Contract has been completed, or as long a period as may be agreed
between the Contractor and Museum, records to the satisfaction of the Museum of all employees
directly or indirectly involved in the Contract, all expenditures which are reimbursable by the Museum
and of the hours worked and costs incurred by the Contractor or in connection with any employees,
associates, agents, servants or sub-contractors of the Contractor paid for by the Museum on a time
charge basis. The Contractor shall on request afford the Museum or their representatives such access to
those records as may be required by the Museum in connection with the Contract.
20.2 The Contractor (and any person acting on the Contractor's behalf) shall permit the National Audit
Office, or appointed Museum representatives, free access at all reasonable times to all such documents,
including computerised records and data, and other information as the National Audit Office or Museum
representatives may reasonably require for the purpose of the financial audit of the Museum, and for
carrying out examinations into the economy, efficiency and effectiveness with which the Museum have
used their resources. The Contractor shall furnish such explanations as are reasonably required for these
purposes. This Condition does not constitute a requirement or agreement for the examination

21. Indemnity and Insurance

21.1Without prejudice to any rights or remedies of the Museum, the Contractor shall indemnify, and
keep indemnified, the Museum, its employees and agents fully against all claims, proceedings, actions,
damages, costs, suits, demands, losses, charges, expenses and any other liabilities incurred by or made
against the Museum, its employees or agents in respect of any loss or damage or personal injury
(including death) which arises from any advice given or omitted to be given or anything done or omitted
to be done under this Contract (including but not limited to defective workmanship, quality or materials,
infringement of intellectual property rights caused by the use, manufacture or supply of the Equipment)
to the extent that such loss, damage or injury (including death) is caused by the negligence or other
wrongful act of the Contractor, his employees, associates, agents, and sub-contractors.
21.2 The Contractor shall effect and maintain with an insurance company or companies acceptable to
the Museum a policy or policies of insurance providing an adequate level of cover in respect of all the
matters which are the subject of the indemnities and undertakings on the part of the Contractor
contained in this Contract and shall at the request of the Museum produce the relevant policy or policies
together with receipts or other evidence of payment of the latest premium due thereunder. Such policies
shall also include cover in respect of any financial loss arising from any advice given or omitted to be
given by the Contractor, his employees, associates, agents, and sub-contractors.
21.3 The Contractor shall hold employer's liability insurance in respect of its employees in accordance
with any legal requirement for the time being in force.
21.4 The terms of any insurance or the amount of cover shall not relieve the Contractor of any liabilities
under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance
cover that will be adequate to enable the Contractor to satisfy any liability referred to in Condition 21.2.
21.5 The Contractor (if an individual) represents that he is regarded by both the Board of HM Revenue &
customs and the Department of Work and Pensions as self-employed and accordingly shall indemnify the
Museum against any tax, national insurance contributions or similar impost for which the Museum may
be liable in respect of the Contractor by reason of this Contract.
21.6 If the Contractor shall employ associates (i.e. self employed individuals) to provide Services in
respect of this Contract, the Contractor shall indemnify the Museum against any tax, national insurance
contributions or similar impost for which the Museum may be liable in respect of the associate by reason
of this Contract.

22. Corrupt Gifts or Payments

The Contractor shall not offer or give, or agree to give, to any employee or representative of the Museum
any gift or consideration of any kind as an inducement or reward for doing or refraining from doing, or
for having done or refrained from doing, any act in relation to the obtaining or execution of this or any
other agreement with the Museum or for showing or refraining from showing favour or disfavour to any
person in relation to this or any such agreement.

23. Discrimination
The Contractor and all sub-contractors employed in the execution of the Contract shall not unlawfully
discriminate within the meaning and scope of the provisions of the Sex Discrimination Act 1975, the
Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Sexual
Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003 or the
Employment Equality (Age) Regulations 2006 or any statutory modification or re-enactment thereof
relating to discrimination in employment.

24. Assignment and Sub-contracting

24.1 The Contractor shall not, without the prior written consent of the Customer (which shall not be
unreasonably withheld), enter into any sub-contract with any person for the performance of any part of
this Contract provided that this provision shall not apply to:
a) the purchase by the Contractor of equipment and materials; and
b) the sub-contract(s) (if any) specified in the Schedule.
24.2 The Contractor shall not be relieved from any of its obligations hereunder by entering into any sub-
contract for the performance of any part of this Contract. If requested by the Customer, the Contractor
shall promptly provide the Customer with copies of any sub-contracts.

25. Severability
If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction, such provision shall be severed and the remainder of the provisions of the
Contract shall continue in full force and effect as if the Contract had been executed with the invalid,
illegal or unenforceable provision eliminated. In the event of a holding of invalidity so fundamental as to
prevent the accomplishment of the purpose of the Contract, the parties shall immediately commence
negotiations in good faith to remedy the invalidity.

26. Waiver
26.1 The failure of either party to exercise any right or remedy shall not constitute a waiver of that
right or remedy.
26.2 No waiver shall be effective unless it is communicated to the other party in writing.
26.3 A waiver of any right or remedy arising from a breach of Contract shall not constitute a waiver
of any right or remedy arising from any other breach of the Contract.

27. Variation of the Services

The Museum reserves the right by written notice to the Contractor to modify the quality or quantity of
the Services, and any alteration to the Contract price arising by reason of such modification shall be
agreed between the parties. Failing agreement the matter shall be determined by Alternative Dispute
Resolution or by arbitration in accordance with the provisions of Conditions 29 and 30. The Contractor
shall carry out such variations and be bound by the same conditions so far, as is applicable, as though the
said variations were stated in the Contract.

28. Termination
28.1 The Contractor shall notify the Museum in writing immediately upon the occurrence of any of the
following events:
(a) it is unable to pay its debts as they fall due or is the subject of a bankruptcy petition or enters into
compulsory or voluntary liquidation or compounds with or convenes a meeting of its creditors or has a
receiver, manager, administrator or administrative receiver appointed of its assets (or is subject to a
similar event or set of circumstances in the country where it principally carries on business) or ceases for
any reason to carry on business or possession is taken of any of its property under the terms of a floating
charge; or
(b) where the Contractor undergoes a change of control, within the meaning of section 416 of the
Income and Corporation Taxes Act 1988, impacting adversely and materially on the performance of the
Contract; or
(c) the Contractor commits a material or persistent breach of its obligations which, if capable of remedy,
shall not have been remedied within 14 days of written notice to do so.
28.2 The Museum may terminate the Contract, or terminate the provision of any part of the Contract, by
written notice to the Contractor with immediate effect on the occurrence of any of the events described
in paragraph 28.1. Without prejudice to any other of its rights, the Museum shall be entitled to complete
the Services itself or have them completed by a third party, using for that purpose (making a fair and
proper allowance therefore in any payment subsequently made to the Contractor) all materials and
equipment on the Museum's Premises belonging to the Contractor, and the Museum shall not be liable to
make any further payment to the Contractor until the Services have been completed in accordance with
the requirements of the Contract, and shall be entitled to deduct from any amount due to the Contractor
the costs thereof incurred by the Museum (including the Museum's own costs). If the total cost to the
Museum exceeds the amount (if any) due to the Contractor, the difference shall be recoverable by the
Museum from the Contractor.
28.3 In addition to its rights of termination under Condition 28.2, the Museum shall be entitled to
terminate this Contract by giving to the Contractor not less than thirty Days written notice to that effect.
28.4 Termination under paragraphs 28.2 or 28.3 shall not prejudice or affect any right of action or
remedy which shall have accrued or shall thereupon accrue to the Museum and shall not affect the
continued operation of Conditions 9 and 20.
28.5 The Contractor will return to the Museum promptly upon the termination of the Contract,
howsoever arising, any document, papers, materials or information supplied by or obtained from the
Museum or any Government Department in connection with the Contract or extracts from such
documents, papers, materials and information, howsoever held, including any back up media.
28.6 Where the Contract has been determined pursuant to Condition 27 the Contractor may retain any
documents, papers, material or information which shall be required by him to prepare any report required
to finalise the Services. Promptly upon submission of the report to the Museum the Contractor will return
the documents, papers, materials or information which he may have retained in terms of this Condition.

29. Dispute Resolution

29.1 The parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this
Contract promptly through negotiations between their representatives.
29.2 If the matter is not resolved through negotiation, the parties will attempt in good faith to resolve
the dispute or claim through an Alternative Dispute Resolution (ADR) procedure.
29.3 The performance of obligations under the Contract shall not cease or be delayed by the application
of an ADR procedure pursuant to Condition 29.2
29.4 If the matter has not been resolved by an ADR procedure within one month of the initiation of such
procedure, or if either party will not participate in an ADR procedure, the dispute shall be referred to
arbitration in accordance with Condition 30 below.

30. Arbitration
All disputes, differences or questions between the parties to the Contract with respect to any matter or
thing arising out of or relating to the Contract, other than a matter or thing as to which the decision of
the Museum is under the Contract to be final and conclusive which cannot be resolved in accordance
with Condition 29, and except to the extent to which special provision for arbitration is made elsewhere
in the Contract, shall be referred to the arbitration of two persons one to be appointed by the Museum
and one by the Contractor, in accordance with the provisions of the Arbitration Act 1996 or any
statutory modification or re-enactment thereof.

31. The Contract (Rights of Third Parties) Act

No person who is not a party to the Contract (including, among others, any employee, officer, agent,
representative or subcontractor of either the Museum or the Contractor) shall have any right to enforce any
term of the Contract which expressly or by implication purports to confer a benefit on him without the
express prior agreement in writing of both the Museum and the Contractor. Such agreement must refer to
this Condition.

32. Freedom of Information

32.1 The Contractor acknowledges that the Museum is subject to the requirements of the Code of
nd
Practice on Access to Government Information (2 Edition), the Freedom Of Information Act and the
Environmental Information Regulations and shall assist and co-operate with the Museum (at the
Contractor’s expense) to enable the Museum to comply with these Information disclosure requirements.
32.2 The Contractor shall and shall procure that its sub-contractors shall:
a) transfer the Request for Information to the other Party as soon as practicable after receipt and in any
event within two Working Days of receiving a Request for Information;
b) provide the Museum with a copy of all Information in its possession or power in the form that the
Museum requires within five Working Days (or such other period as the Museum may specify) of the
Museum requesting that Information; and
c) provide all necessary assistance as reasonably requested by the Museum to enable the Museum to
respond to a Request for Information within the time for compliance set out in section 10 of the FOIA.
32.3 The Museum shall be responsible for determining at its absolute discretion whether:-
(a) the Information is exempt from disclosure under the Code of Practice on Access to Government
nd
Information (2 Edition), the Freedom Of Information Act and the Environmental Information
Regulations;
b) the Information is to be disclosed in response to a Request for Information, and
in no event shall the Contractor respond directly to a Request for Information unless expressly authorised
to do so by the Client.
32.4 The Contractor acknowledges that the Museum may, acting in accordance with the Department
of Constitutional Affairs’ Code of Practice on the Discharge of Functions of Public Authorities under Part
I of the Freedom of Information Act 2000, be obliged under the Code of Practice on Access to
nd
Government Information (2 Edition) the Freedom Of Information Act, or the Environmental
Information Regulations to disclose Information:-
a) without consulting with the Contractor, or
b) following consultation with the Contractor and having taken its views into account.
32.5 The Contractor shall ensure that all information produced in the course of the Contract or relating
to the Contract is retained for disclosure and shall permit the Museum to inspect such records as
requested from time to time.
32.6 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential
Information are of indicative value only and that the Museum may nevertheless be obliged to disclose
Confidential Information in accordance with Clause 32.1

33. Notices
Any notice given under or pursuant to the Contract may be sent by hand or by post or by registered post
or by the recorded delivery service or transmitted by facsimile transmission or other means of
telecommunication resulting in the receipt of a written communication in permanent form and if so sent
or transmitted to the address of the party shown in the Contract, or to such other address as the party
may by notice to the other have substituted, shall be deemed effectively given on the day when in the
ordinary course of the means of transmission it would first be received by the addressee in normal
business hours.

34. Observance of Regulations

The Contractor’s employees, associates, agents or subcontractors when on the Museum premises, shall
comply with such rules, regulations and requirements (including those relating to security arrangements)
as may be in force for the conduct of personnel at the Museum. Details of such rules, regulations and
requirements shall be provided, on request, by the Museum.

35. Governing Law

These Conditions shall be governed by and construed in accordance with English law and the Contractor
hereby irrevocably submits to the jurisdiction of the English courts.
Appleton Woods Ltd – Full Specification

To Supply: Standard Biosystem 60 with pipeline and external tank

LN2 Storage Tank

1 of 9918277, Cryocyl 950 supply tank (BOC Spec), Statebourne

 Built to BOC specification

 Bottom liquid outlet l for clean liquid Nitrogen
 Complete with built in metal plinth
 Relief valves at 3.8 Bar
 Contents indicator
 Pressure gauge

External Tank with shut off valves and bottom LN2 valve
Cryocyl 950 – FEATURES

 Multilayer super-insulation and high vacuum

 Stainless steel inner and outer vessels
 Stainless steel external pipe work assembly all welded
 Fork lift, hand pallet lift points and lifting lugs integrated as standard
 Fitted with pressure build regulator (20 to 60 psi spring range)
 Low centre of gravity
 CE Approved Analogue contents indicator supplied as standard
 EN13458 design and CE marked conforming with P.E.R.1999 by third party
 Five year vacuum warranty
 Fitted with ½" inlet/outlet bronze cryogenic globe valves
 CE Declaration of Conformity supplied on delivery
 Standard fill connection can be adapted to customer’s requirements
 Ported relief valve assembly 3/4" BSPP inlet/1" BSPP outlet
 Ø63mm stainless steel weatherproof 0-6 Bar pressure gauge, panel mounted (IP45)
 Valves identified and labelled
 Bottom liquid outlet extended spindle globe valve fitted

Cryocyl 950 - TECHNICAL DATA

 BOC Specification 19314758

 Product Media LIN/LOX/LAR
 Design Temperature -196°C
 Gross Capacity Inner Vessel 1000 Litres
 Net Capacity 950 Litres
 Max. Working Pressure 6 BarG (with vacuum)
 Test Pressure 9.01 BarG (with vacuum)
 Empty Weight 560 Kg
 Full Weight LIN 1328 Kg
LOX 1645 Kg
LAR 1884 Kg
 Static Evaporation at Atmospheric Pressure (est.) LIN 1.2%
LOX 0.82%
 Vacuum Level (Stabilised) Warm Condition <0.0001 Torr
 Tank - Overall Height 2140mm
- Overall Diameter Ø1077mm
- Base dimensions 1200 mm x 1200 mm
 External Finish - Tank Dull polish
 Inlet/Outlet Connection (A) Fill flange to mate BOC 1849040
 Trycock Connection (V2) ½” BSPP Female
 Bottom Liquid Outlet Valve (V5) ½” BSPP Female
 Relief Valves (3/4" BSPP inlet) 2-off @ 3.8 BarG (BOC 19303054)
with 28mm O.D. copper pipeaways (2-off @ 5 BarG (BOC 19303055) option)
 Burst Disc Assys (½" BSPT male) 2-off @ 6 BarG (BOC 19303605)
2-off @ 8 BarG (BOC 19303606) option)
 Thermal Relief Valve (RV3) 10 BarG
 Outer Tank Material Austenitic stainless steel 304
 Inner Tank Material Austenitic stainless steel 304
 Outer Pipework Austenitic stainless steel 304
 Internal Pressure Raising Circuit Copper
Cryocyl 950 - GENERAL ARRANGEMENT DRAWING
Cryocyl 950 - FLOW DIAGRAM
3 x Sample Storage Vessels
3 of 9916083, Biosystem 60 Automatic LN2 Refrigerator, Statebourne

 Capacity of 58,000 x 2ml samples each (174,000)

 Large reservoir of 240 Litres
 Off centre lid for low loss rate of 10 Litres per day
 Off centre lid for low sample temperature of –180 C
 Sample drum sealed from liquid Nitrogen
 Double Solenoid control valves and filters as standard
 Sample Temperature Display
 Data logging of sample temperature, and alarms
 Built and designed to ISO 90001 standards
 5 year warranty on vacuum
 Vapour Guard overfill system included
 Fill timer for all Biosystems included
 Each vessel holds 58,000 x 2ml samples for a total of 174,000 x 2ml samples
 3 tanks will fit into the storage area
 Racking for 2/3rds 3735 tubes (34 racks with 24 boxes per rack) for a total of 78,336 tubes

rd
Racking for 1/3 3711 tubes (18 racks of 13 boxes per rack) for a total of 22,464 tubes
 Tops of racking to be fitted with 3 numbered ID plate
 Off centre neck opening
 Lockable lid
 Control panel with Sample temperature, level, and alarm display
 Built in step
 Hot gas by pass fitted
 Level sensing probes (4) that will indicate: Low level, high level, start fill and stop fill.
 Consumption of Refrigerators to be estimated at 250 to 300 litres per week
 Each Biosystem will have audible and visual alarms, and alarm contacts.
 Alarm will activate Eltek system

Multiple Biosystems on a pipeline system

Biosystem 60 - ADDITIONAL POINTS

 Each Biosystem has 4 sensors to monitor the level of LN2 for the automatic fill system
 All Biosystems fitted with overflow system to prevent any sample liquid nitrogen contact even with an
overfill situation, this will keep samples clear of any possible LN2 ingress into samples
 Sealed storage drum that will have no sample - LN2 in normal operation
 Extended vacuum ports to reduce hot gas damage
 Programmable for overnight fills
 All Biosystem relief valves are set for 5 bar
 All units have a de-fog function that will operate even with a hot gas by pass in use
 Biosystems will fill together, and timer will activate fill for out of hours filling, this will save much Nitrogen
during the filling process.
 Biosystems all have a manual fill button
 Biosystems are on wheels so can be moved at a later date
 Each Biosystem has a reservoir of 250 Litres so samples will keep for 7-10 days without any top up of LN2
 In the event of total failure the Biosystem can still be filled manually
 All Biosystems have 5 year warranty against vacuum failure. If the vacuum does deteriorate the Biosystem
will be returned to the factory in Newcastle for a full vacuum re-pump and a re-charging of getters free of
charge.
 Biosystems are all manufactured under ISO9000-2008 standards so every part of the manufacturing
process is checked. Statebourne are accredited to this standard by the BSI.

Biosystem 60 - TECHNICAL DATA

 Product Medium Nitrogen

 Design Temperature -196°C
 Liquid Nitrogen Capacity (Vapour Phase) 248 Litres
 Empty Weight 761 Kg
 Full Weight (Nitrogen) Excluding I.C.S. 961 Kg
 Overall Height 1677 mm (1955 mm lid open)
 Overall Diameter 1610 mm
 Neck Diameter 635 mm
 Internal Usable Height 615 mm
 Internal Usable Diameter 1406 mm
 Number of Racks (100 vial boxes) 58
 Number of Vials per Rack 1100
 Max. Storage Capacity 1.2 and 2 ml vials 63 800
 Number of boxes (DF700 Gambro) 112
 Number of Bags per Box 7
 Max. Storage Capacity DF700 Gambro 784

Biosystem 60 - LEVEL CONTROLLER FEATURES

 Automatic liquid nitrogen level control with twin solenoid valves to protect against overfilling.
 Hot gas bypass unit.
 Permanent LED temperature display.
 Permanent LED level display.
 Automatic defogging.
 Automatic quick temperature recovery.
 Audible and visual alarms for the following conditions:-
 Overfill, low level, sensor faults, liquid nitrogen supply failure, lid open, high temperature and system
fault.
 Remote alarm – allows alarm condition to be signalled to a remote position.
 Manual alarm testing.
 Manual fill switching.
 Alarm muting.
 Data logging.
 Remote monitoring using a PC.
 RS232 port for connection to a printer or PC.
 Key operated power switch.
 External fill input/output to allow the fill cycles of two or more refrigerators to be synchronized
Biosystem 60 - GENERAL ARRANGEMENT DRAWING
Super-Insulated Vacuum Line
Pipeline, Statebourne

 Super vacuum pipeline

 End point has cap fitted to allow for future expansion
 Fitted with pneumatic valve that will close pipeline when O2 falls below 17%
 External valve fitted with foot switch and solenoid valve for manual decant
 Mini compressor supplied for pneumatic valve
 Hot gas by pass and waste line included
 Includes:

 3 of 3701113 Flexible Hose 5 foot with insulation LN2

 3 of 3701113 Flexible Hose 5 foot with insulation waste gas
 3 of 3701113 Flexible Hose 5 foot with overflow gas
 3 of 9701275 Daisy chain fill connection
 1 of P9078 SIVL Pipeline shutdown system
SIVL pipeline
Hot gas pipeline
Overflow pipeline

Electronic valve with footswitch, and SIVL line with Hot gas line and overflow line
To Supply: Eltek monitoring systems for 3 Biosystems and 20 x ULT
freezers
Eltek System & Oxygen Monitoring
Includes

1 of 9702234 Oxysafe Series 2 Oxygen alarm x2

Twin Oxygen sensors
Alarms and sounders
Radio link
Battery back- up

1 of RX250AL Eltek Local Receiver Panel

GSM Modem for Text mesages
Telephone dialler
2 x RP250GD Radio repeaters to boost signal

1 of DSIM Data Sim Card for text message

1 of DAR90 Darca Software (Requires PC)
3 of GC60 Radio transmitter alarm contacts for Biosystems
3 of GD34 Radio transmitters for temperature on Biosystems
6 of GD24 Radio transmitter with 4 temperature probes
(For twenty –80 freezers)

Options (at an additional charge)

1 of CC950A Level alarm on supply tank with transmitter
1 of CC950P Pressure alarm on supply tank with transmitter

Features
Alarm System

The entire system is a radio linked Eltek alarm/monitoring system that is similar to the system already in use at
the museum. Once this system is set up additional transmitters can be added to the system with ease (99
transmitters).

Oxygen alarm system

The twin oxygen alarms will have a local audio/visual alarm, and read out of Oxygen level, each alarm will be
linked to a external lamp that will flash when it is not safe to enter the room. Unit will external relay so that fans
can be activated at 19.5%, and activation of pneumatic valve on pipeline at 14%. Oxygen alarms will also have
transmitters built in so that the central logger will be activated if the oxygen alarm is activated.
Display on front panel will indicate level of oxygen, and if the fans or pneumatic valve have been activated.
Each alarm will have a battery back up of twelve 12 hours.

Receiver/logger base station

All temperatures will be logged and recorded, and can be downloaded to a PC for archiving with capacity for
250,000 readings. All alarms will activate a GSM text message to mobile phones, and also activate the
telephone dialler for standard phones. System has battery back up.

Transmitters

All transmitters will link to central receiver by radio signal, as used in all parts of the museum. All transmitters
are battery powered, and the batteries should last for 14 months, but are normally changed during the routine
service (12 months). To aid signal reception, 2 radio repeater boosters have been included.

GSM Text message system

This will allow a message to be sent to up to 10 mobile phones, the GSM card allows 100 text per month,
with additional texts charged at 10p per text. Renewing of the GSM contract is included in the 5 year service
charge.
Remote interrogation by external PC

A remote PC can interrogate the system using the internet and remote access connection set up in
Windows. This would need to be set up by your own IT staff, but it would allow the remote PC to run the P
with the DARCA software on.

DARCA Heritage software

Software will allow analysis of temperature data, with setting of alarm points, and delays for alarms.
Software can set up text messages and data analysis and report generation. Software needs to be loaded
onto a PC with a CD drive, windows xp, a spare serial port or USB port and 5m of base station. PC not
included.

Software options

The Natural History Museum already has a multi logger Eltek system running Darca Heritage 2 software. It
is possible to amend this software to add at a future date the RX250ALD receiver/logger data could be
added but this would need some on-site programming by Eltek software engineers. The cost of this is
estimated to be around £6000.00

Receiver with dial out unit

Oxygen alarm with external beacon
Internal Storage Racks for use in sample storage tanks
3 of 5801378T Vapour Phase storage system for plates
58 racks of 20 boxes per rack (3735)
30 racks of 11 boxes per rack (3711)
With ID plates , Statebourne

Delivery, Installation & Commisioning

1 of Delivery and Installation to UK of Biosystems, Cryocyl & Pipeline
1 of Installation of Eltek monitoring systems (2 men, 3 days)
- Installation includes a complete set of manuals for this bespoke system with training on the use of the
system. All temperature probes will be calibrated to traceable national standards with issued certificates

Training Package
On-site staff training on safe use of Nitrogen – up to 25 people for 1 day
On-site alarm training for 5 people for 1 day

Service Plans
1 Service of Eltek safety system 5 years
Oxygen depletion monitors
Cryo/freezer data logging system
Annual service and recalibration
Replacement of transmitter batteries
New O2 cell replacement (if required)
Renewal of SIM card
Calibration certificates for all temperature probes
24 hour telephone technical support

2 Biosystem calibration and service for 5 years

Annual site visit and preventative maintenance
Full documentary back up
Working hours telephone back up
2 Emergency visits per year

PPE & Safety Items

10 of Personal Oxygen depletion monitor

10 of Chargers for above

1 of Gloves Mid arm length waterproof (small)

2 of Gloves Mid arm length waterproof (medium)
2 of Gloves Mid arm length waterproof (large

3 of Gloves Shoulder length waterproof (medium)

2 of Gloves shoulder length waterproof (large)

3 of Cryo-apron
5 of Face shield adjustable
Plan View
 Invitation to tender for the
Purchase, Installation and
Maintenance of
a Liquid Nitrogen Facility for
Molecular Collections

Declarations to be provided by
bidders

This Document to be completed and

uploaded as part of your bid
DECLARATION 1: FORM OF TENDER

I/We having examined the Conditions of Agreement and Specifications do hereby offer and agree to
provide the [Goods/Services] as described in the Specification.

If successful, I/we agree to abide by the Terms and Conditions in their present form as provided in the
tender documents. I/We agree that any terms or conditions of Agreement or any general reservations
which may be printed on any correspondence emanating from me/us in connection with this tender or
with any Agreement resulting from this tender, shall not be applicable to the Agreement. (Please delete as
appropriate).

Submitted by: Appleton Woods Ltd

(Company Name)

Address: Lindon House

Heeley Road
Selly Oak
Birmingham B29 6EN

Completed by: (Name) Sue Morgan Status Customer Services Manager

Duly authorised to complete bids for and on behalf of Appleton
Woods Ltd.

Date: 14/10/10

The person submitting the bid must state his capacity and official position in the company
and state that he is a person duly authorised to complete bids for and on behalf of the
bidding company. We do not require a hand written signature at this stage of the process.

2
DECLARATION 2: CERTIFICATE OF COLLUSIVE TENDERING

I/We certify that this is a bona fide tender, intended to be competitive and that I/we have not fixed or
adjusted the amount of the tender or the rates and prices quoted by or under or in accordance with any
agreement or arrangement with any other person.

I/We also certify that I/we have not done, and undertake that I/we will not do at any time any of the
following acts:

(a) communicating to a person other than the Museum the amount or approximate amount of my/our
proposed tender (other than in confidence in order to obtain quotations necessary for the
preparation of the tender for insurance or a Agreement guarantee bond); or

(b) entering into any agreement or arrangement with any other person that he shall refrain from
tendering or as to the amount of any tender to be submitted;

(c) offering or agreeing to pay or give, or paying or giving 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 act or omission.

Completed by: (Name) Sue Morgan Status Customer Services Manager

Duly authorised to complete bids for and on behalf of Appleton
Woods Ltd.

Date: 14/10/10

The person submitting the bid must state his capacity and official position in the company
and state that he is a person duly authorised to complete bids for and on behalf of the
bidding company. We do not require a hand written signature at this stage of the process.

3
DECLARATION 3: CERTIFICATE OF CANVASSING

I/We hereby certify that I/we have not canvassed any member of the Board of Trustees of the Museum
or any employee of the Museum in connection of the award of this tender or any other tender or
proposed tender for the services, and that no person employed by me/us or acting on my/our behalf will
do any such act.

Completed by: (Name) Sue Morgan Status Customer Services Manager

Duly authorised to complete bids for and on behalf of Appleton
Woods Ltd.

Date: 14/10/10

The person submitting the bid must state his capacity and official position in the company
and state that he is a person duly authorised to complete bids for and on behalf of the
bidding company. We do not require a hand written signature at this stage of the process.

4
DECLARATION 4: CERTIFICATE OF PROMPT PAYMENT
I/We having examined the provisions of the Agreement designed to ensure the prompt payment of sub-
contractors I/we certify that:

1. Any sub-Agreement entered into by me/us shall provide for timely payment of the
sub-contractor on the terms complying with the requirements of the Museum as set
out in the Agreement.

2. I/We understand that the failure by me/us to comply with section 1 above and or
failure to act in accordance with the provisions for prompt payment of sub-contractors
/ suppliers found within the Agreement will be taken into account when considering
future tendering opportunities for me/us or any future business which may be formed
by me/us.

Completed by: (Name) Sue Morgan Status Customer Services Manager

Duly authorised to complete bids for and on behalf of
Appleton Woods Ltd.

Date: 14/10/10

The person submitting the bid must state his capacity and official position in the company
and state that he is a person duly authorised to complete bids for and on behalf of the
bidding company. We do not require a hand written signature at this stage of the process.

5
 Purchase, Installation and
Maintenance of
a Liquid Nitrogen Facility for
Molecular Collections

Specification

1
Background

The Museum
The Natural History Museum (NHM) is one of the leading natural History Museums in
the world. We are internationally recognised as a world-class centre of scientific
excellence and as a leading visitor attraction, presenting natural history to the general
public through exhibitions. Its objectives are to discover and make available to the
scientific community the information contained within its collections of natural
specimens and to entertain, interest and educate people of all ages in natural history.

Research
The Natural History Museum's science mission is to explore the diversity of the natural
world and the processes that generate this diversity. The Museum is a leading world
authority and research institute for the study of natural history. Molecular research has
increased over the years and currently the accumulated molecular collections are
housed locally in freezers, stored as available, and there is now a diverse collection of
molecular material (DNA/RNA/Proteins) as well as specimen/sample material destined
for molecular analysis.

Objective
Funds have now been made available to locate and protect this valuable resource in a
central facility with liquid nitrogen seen as the current optimal way to secure the
material. The Molecular Collection Facility will also house other storage types including
-80C, -20C, +4C and ambient units, but the policy will be to put all new acquisitions and
molecular extractions into LN2 storage and where appropriate to transfer existing
material to LN2. The latter will result in the need for a mixed style of racking within the
sample storage LN2 tanks to accommodate existing sample storage formats; this will
include, but not be limited to micro-vials, microplates, matrix style tubes (all sizes) and
possibly bags and straws.

This new facility is specified to provide the infrastructure and equipment to support the
storage of molecular material alongside the research activities of scientists to a level of
international excellence.

Project Overview and Timeframes

The Client wishes the successful bidder to understand that the Museum will require;

1) A sole point of contact, Project Manager throughout the installation and then to
act as Contract Manager for all future contacts regarding maintenance and any
arising issues of the installation.

(Note: The NHM does not wish to award the itemised list to individual contractors but
this does not inhibit the use of multiple components from different suppliers but the
company applying for this contract must project manage the supply, installation and
commissioning in entirety.)

2) A “future-proofed” installation; it must be fit for purpose for a minimum of 10

years with minimal additional costs. Ideally there should be a guarantee against

2
 redundancy of the component parts of the installation, and assurance that parts
will be available within this period. Additionally any future costs for technical
advice or remedial actions in the event of unforeseen issues arising should be
indicated in the tender response

3) Purchase, installation and commissioning to be completed by the end of our

financial year (31 March 2011); the exception to this is that the final
specification and delivery of the racking may not meet this deadline please see
details below.

Specification
The installation must be capable of holding a minimum of 150,000 1.5ml vials in 3
storage tanks which are automatically maintained from a single LN2 storage vessel
which would require on average a weekly delivery of LN2.
Equally important is built-in flexibility to deal with different specimen types, variable
volumes, differing brands of consumables so although the number of samples stated is
given in 1.5ml vials this is a guide to the volume required rather than the actual
contents. The format of the internal racks required for the LN2 sample storage tanks is
not yet known as a full audit of the NHM collection is not yet complete.

Essential Criteria
 3 sample storage vessels
o Capable of holding a combined minimum of 150,000 x 1.5ml vials in
vapour phase.
o All 3 tanks to occupy, with all accessories, the space specified.
o Complete with racking and storage boxes
o A guiding grid to ease the replacement of the tower racks into the
sample storage vessels if recommended.
o Tops of racking towers to be labelled with riveted ID plates or ID etched
into the towers.
o Off centre opening access.
o Lockable.
o Control panel detailing temp/level/etc
o Inbuilt step if necessary for safe accessibility.
o Hot gas by-pass piping with all necessary sensors and valves.
o Level sensing probes for automated fill/alarm/shutoff
 The 3 sample storage vessels to be automatically filled by one LN2 supply tank
o Supply tank to be located within the site specified.
o This should hold enough LN2 to supply all 3 sample storage tanks with
one weekly delivery of LN2.
o Control panel detailing pressures/temp/volume/etc
o Safety shut off mechanisms to stop flow of LN2 in the event of O2
alarm activation.
o Ability to use variable (programmable) delivery of LN2 to the sample
storage vessels (eg overnight fill).
 Ability to draw off LN2 from the storage tank with safety feature to
automatically cut flow if handle is released.
 All super insulated vacuum lines to deliver LN2 from the LN2 storage tank to the
3 sample storage vessels with the final end capped but available for future
expansion.
 All piping necessary to remove the hot gas safely.
3
 All valves and connections for the installation.
 All monitoring units and probes defining temperature/pressure/levels as
appropriate for all the above vessels.
 Alarm system for all tanks
o Visual
o Audible
o Phone to variable landline/mobile numbers.
o Remotely accessible via Internet
 O2 sensors and alarms - as many as you recommend for the space defined.
o Visual, including a display panel on the external entry giving the
sensor(s) current status.
o Audible, this should be loud.
o Linked to extraction vents (liaison with NHM contractors supplying the
vents) to enable the extraction rate to increase in the event that the O2
level drops.
o Phone to variable landline/mobile numbers when alarm.
o Remotely accessible via Internet

 Racking – The Museum will require racking with boxes for all the LN2 sample
storage vessels. We are currently unable to specify our requirement; this will be
supplied at a later date for delivery after April 2011. For the purposes of this
tender please provide an estimated cost based on similar racking that you have
supplied recently.

 Equipment Monitoring – The NHM use a monitoring system provided by Eltek

Limited of 35 Barton Road, Haslingfield, Cambridge CB23 1LL (Tel: 01223
872111). The NHM require these monitors to be linked to LIMS as a stand alone
system but have the capability to be eventually incorporated into the main
NHM monitoring system at a future date.
o This should be a wired system for all LN2 supply and sample storage
tanks.
o Provide and install additional wired monitors for 20 -80C freezers
(preferably in a linked series where one monitor services multiple freezer
units with temperature probes).
o Set up automatic collation of the performance information from all
tanks and freezer units and download daily.

 All necessary supporting materials for the above to be fully functional, including
but not limited to connections, wiring, software, stands/wheels/supports,
instruction manuals, etc.

 5 year warranty/service contract on all the above.

 Personal Protective Equipment

o 5 pairs of mid arm length thermal, water resistant gloves (s,m,m,l,l)
o 5 pairs long length thermal water resistant gloves (s,m,l)
o 3 aprons
o 5 adjustable visors
o 10 personal O2 monitors

 The system to be movable if relocation becomes necessary

4
We believe that the specification above best meets our requirements; however we
welcome bidder innovation, i.e. alternative offer(s) that meet our objective in a more
efficient or cost effective manner.

OR is there is equipment not included in our essential criteria that you would
recommend to enhance the facility?

Please provide alternative bids or relevant information alongside your response to our
specification.

Refer to the Instructions to Bidders document; this contains information on completing

the pricing schedule for alternative bids.

Additionally please provide any supplementary information on products, installation

and services which have not been requested above which are of relevance to the
project.

5
Sub Contractors:

As Scientific Manufacturers of SIVL Line

AS Scientific Products Ltd.
2 Barton Lane,
Abingdon Science Park,
Abingdon,
Oxfordshire,
OX14 3NB,
U.K.

Telephone: +44 (0) 1235 533060

Fax: + 44 (0) 1235 554125

Paul Wiggins 07764475176

Date of contact 1998
Projects 12 Including: Futurehealth, Nottingham, Kings College, London Children of
Nineties, Bristol
Quality control Customer satisfaction.

Britannia Test and Measurement – Installation of ELTEK products and Oxygen alarm systems
Unit 10
South Tees Business Centre
Puddlers Road
Middlesbrough
TS6 6TL

Tel : 01642 438427

Fax : 01642 438526

Email : [email protected]

Date of Contact 2005

Projects 5 Including, Future Health, Nottingham, Kings College, London. Bristol IVF
centre Southmeade Hospital
Quality Control Customer satisfaction
 Invitation to tender for the
Purchase, Installation and
Maintenance of
a Liquid Nitrogen Facility for
Molecular Collections

This Document to completed and

uploaded as part of your bid
 TENDER QUESTIONNAIRE

Please provide the following information in full for tender evaluation purposes.

Incomplete or non-compliant returns may be rejected without consideration.

Questions may be answered in electronic attachments providing that the appropriate box below is ticked,
the electronic document refers to the question and is in PDF, Microsoft Excel or Word format.

Company Name: APPLETON WOODS LTD

Completed by (block capitals): SUE MORGAN

Q1. Provide a list of 3 previous clients for whom similar equipment has been supplied. Please include
dates of installation, name and address (or telephone number) of the user and purchasing/contract
manager. The Museum may contact these clients for references and will require a site visit to one
installation. Ideally this should be in the UK and the visit can be made within 1 day.

Attached (please title document company name plus “references”)

Q2. Provide copies of the last 3 years audited accounts.

Attached (please title document company name plus “accounts”)

Q3. Provide a brief overview of the company: the date when your company started trading, the number
of employees, average staff turnover etc.

Provide the telephone number, fax and e-mail address of your key contact(s).

Attached (please title document company name plus “overview”.

Q3. Quality and Environmental Standards

a) Does your firm’s environmental, or environmental management policy meet the standards in ISO
14000 or equivalent?

Yes. No. We are not registered to ISO14000, however, we do

take our environmental responsibilities seriously and have attached a copy of our company
environmental policy.

If your answer is Yes, please provide a copy of your certificate of Registration (title document company
name plus “environmental standards” or the name of the relevant certificate)

b) Does the equipment offered herewith in your tender require special disposal requirements at the end
of its useful working life?

Yes. No.

If the answer is yes, please provide full details as applicable with your tender.

Attached (please title document company name plus “disposal”.

c) Provide documentation relating to ISO9001, any other quality standards, or affiliations to professional
bodies held by the company

Attached (title document company name plus “quality standards” or the name of the relevant
certificate)

2
Q4. Do you intend to use sub-contractors on this contract?

Yes. No.

If you answered yes above please identify the specific areas of work and the specific sub-contractor/s
that you intend using. Indicate how long they have worked for you and what quality checks that you
undertake for work provided.

Attached (please title document company name plus “sub-contractors”).

For the following questions you may wish to consider providing a single
document, grouping answers together where appropriate. You must address
all questions.
Please see attached document Q5 – Q13 attached for answers and
attachments to the following questions

Q5. Provide the minimum dimension of the space (wxdxh) for the room in which the LN2 bulk storage
tank will be located; this should be sufficient to allow full access in a safe manner to all parts of the tank as
appropriate by engineers carrying out service and maintenance.

Q6. Provide a brief description of your quality control process which is in place to enable the installation
to be complete without delays.

Q7. Provide a brief description of your quality control process which is in place to enable the installation
to be complete without delays.

Q8. Please define what would happen in the event of failure of any of the following (i.e. what would the
warranty cover, how would the issue be resolved and what would the time frame be)
 the LN2 storage tank
 the vacuum of a storage vessel
 the vacuum of the piping
 the monitoring system
 Eltek LIMS
 O2 alarm system.
 Any control panels.

Q9. Please give an indication of the current cost to repair/replace as appropriate the above if the warranty
had expired and no service and maintenance contract was in place - i.e. to repair vacuum loss/repair or
replace control panels/etc; please include any items that may be relevant from your experience, including
advise on future budgeting for rolling replacement of equipment/monitors etc.

I. Supply the terms and conditions of the warranty.

II. Provide description of the level(s) of service contract you offer.
III. Can the equipment you would supply be serviceable by another company?

Q10. (i) Give details of any additional monitoring/safety mechanisms to those mentioned in the above
essential criteria which you can provide.

(ii) Describe the type of venting mechanisms you would recommend for the installation; to extract N2 gas
from the sample storage tank space to the external environment.

(iii) What recommendations do you give for back-up in the event of equipment failure/difficulties
delivering LN2/power failure/etc?

Q11. LN2 consumption

I. What is the maximum volume of LN2 each sample storage vessel holds directly after filling?
II. What is the estimated daily consumption of LN2 of each storage tank?
III. How long would the samples within the tank remain at a maximum of -130C if the tank were not
opened and not filled?

Q12. Please estimate the volume of LN2 “hot gas” the piping will consume to deliver LN2 to the sample
storage tanks.

3
Q13. Estimate the annual running costs (with justification) for the installation as defined above including
(but not limited to)
I. LN2 delivery and supply
II. Service and Maintenance
III. Replacement parts (O2 sensors etc)

4
Appleton Woods Ltd October 2009

Environmental Policy Statement

APPLETON WOODS LTD will control and manage its activities to ensure risks to the health,
safety and welfare of its employees, customers and the general public are identified and action taken
to minimise or eliminate their effects.

Adverse effects of operational activities on the environment will be minimised as far as practicable.

The objectives of the policy are:

 To comply with its legal obligations under the current Health, Safety and Welfare Act and the
Environmental Protection Act, together with all other applicable statutory provisions and
relevant codes of practice.

 Raise sustainability awareness and promote responsible environmental behaviour throughout

the organisation.

 To promote responsible carbon and water management.

 To promote health, safety and environmental awareness throughout the organisation.

 To maintain a safe and healthy working environment for its employees, with adequate
facilities appropriate to the nature of the business activities.

 To minimise the social impact of the company activities and avoid damage to the
environment through regular reviews of the business from environmental and management
systems audits.

 To undertake environmental impact studies as part of any company relocation or enlargement

of existing facilities.

 Ongoing programme of improvement working towards ISO14001 certification.

Appleton Woods Ltd October 2009

Environmental Commitment

Appleton Woods is committed to considering the environment and our impact on the environment
and to use the best environmental practices as possible.

We will undertake a programme of continual improvement in our environmental performance and to

reduce our environmental impact. We will meet and where appropriate exceed all environmental
legislation and regulations appropriate to our business and to our customers business. We will be
committed to prevent pollution of the environment.

We will review the environmental impact of our activities on a regular basis.

All employees will be made aware of the impact of their actions on the environment and encouraged
to make the right environmental decisions.

Our commitment to the environment and to recycling when and wherever possible, whether
internally or in co-operation with suppliers and customers:

 Accepting orders by e-mail

 Promotion of e-marketing solutions
 Not printing e-mails except if absolutely necessary
 Double side printing where paper copies cannot be avoided
 Accepting invoices from suppliers by e-mail
 Actively encourage the E-mailing of invoices to customers or the use of e-solutions
 Working with customers to consolidate deliveries
 Marketing and promotional literature is only printed on paper from FCS controlled sources
o Collection of unwanted catalogues and unwanted printed matter from customer sites
o Re-cycling of catalogues and unwanted printed matter from internal use
o Encourage the use of on-line catalogue
o Use of e-mail for promotions whenever possible
 Re-cycling of plastics
o Collection of plastic boxes, inserts etc from customer sites
o Re-cycling of plastic containers received from suppliers
o All plastics are re-cycled through partnership with MDJ Light Brothers
o Re-cycling of plastic bags and film
 Re-cycling of packaging materials
o Re-use any packaging materials received from suppliers
o Limit re-packaging of goods for delivery to customers
o Limit the amount of plastic bags and film
o Collection of packaging materials from customer sites for re-use or re-cycling
o Purchase re-cycled packaging materials wherever possible
o Re-using pallets where possible
o Re-cycling of unwanted pallets
 Re-cycling of office waste
o Printer and toner cartridges recycled through a local charity
o Re-cycling of batteries through an approved scheme
o Mobile phones re-cycled through an approved scheme
o Paper waste re-cycled through local council collection
Appleton Woods Ltd October 2009

 Introduction of products that have environmentally preferable packaging such as:

o Ecoshield gloves are packaged in recycled cardboard that uses 30% less ink. Greater
dispenser pack quantity results in 25% cardboard reduction (and a 30% space saving).
The supply chain is optimised to reduce CO2 emissions by 15%
o Kimtech gloves have larger pack quantities which reduce storage volume and
packaging waste
o Appleton tips have been re-designed containing less plastic and the reload packaging
design saves 58% space compared to rack packaging and reduces plastic waste by
52%

WEEE (Waste Electrical & Electronic Equipment)

 Registered with a legally approved Compliance Scheme, registration number

WEE/CC00052R

Vehicles

 Purchasing of low CO2 emission vehicles

 Ensure our cars and vans are regularly serviced to maintain engine efficiency and reduce
pollution
 Use of low resistance tyres for fuel efficiency
 Daily checking of tyre pressure
 Positive management of van delivery schedules to ensure optimum fill capacity by working
with our customers to consolidate deliveries
 The use of available technology to route vans by the shortest route
 Satellite navigation systems in every vehicle
 Satellite navigation systems updated every month
 Only collecting re-cycling material when making deliveries

Working Environment

 Use of electronic media for management & technical information to reduce the need for
printed materials
 Encouraging staff to use car sharing, cycling, walking or the use of public transport for their
journeys to work and for their journeys connected to the business where practical.
 Use of tele-conferencing where practical
 Sourcing of goods and services from local companies
 Purchase of energy efficient equipment
 Use A+ rated appliances where refurbishment takes place
 Use of low energy consumption computer equipment
 Purchase of sustainable materials where possible
 Encourage good housekeeping practices
 Lighting controlled by movement sensors to ensure unmanned areas are only lit when
necessary
 Where practical purchase fuels through suppliers from sustainable sources
 Reduce the loss of energy from the building to the minimum practical level
 Reduce the use of water in the building to the minimum practical level

Always listening to and responding to the requirements of our customers.

Appleton Woods Ltd October 2009

Appendix. Carbon Management Policy

Appleton Woods acknowledges our activities have an impact upon the environment and as a
company we remain committed to a policy of reducing our carbon dioxide and other greenhouse gas
emissions.

In managing our carbon we will aim to:

1. To reduce emissions of gases which contribute to climate change.
2. To increase the proportion of energy generated from sustainable and renewable energy resources.
3. To reduce the need to travel and improve choice and use of sustainable travel modes.
4. To increase the understanding and awareness of our impacts upon the environment and how we
can all reduce those impacts.
Objectives:
 Identify opportunities to reduce CO2 by:
o Making our activities more efficient
o Making our activities greener and cleaner
 Look at options to offset our unavoidable emissions using sustainable offsetting projects
 Aim to reduce our carbon emissions by 20% in 2010
 Allocate clear responsibility for achieving these policy aims
 Review our targets and policy annually
 Involve and encourage our staff to engage in environmental activities
This policy is aimed at reducing waste, increasing efficiency and identify savings whilst embedding
good environmental management into our core business activities.

We will continue to work with our customers, offering strategies for greener, more efficient products
and service