Our ref ATISN 12453 - Welsh GovernmentOur ref ATISN 12453 Dear , Request for Information – ATISN...

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E&T FOI Team Welsh Government Treforest – QED Centre Main Avenue Treforest Industrial Estate Ponty pridd CF37 5YR [email protected]. Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd gohebu yn Gymraeg yn arwain at oedi. We welcome receiving correspondence in Welsh. Any correspondence received in Welsh will be answered in Welsh and corresponding in Welsh will not lead to a delay in responding. Our ref ATISN 12453 Dear , Request for Information ATISN 12453 I wrote to you on 12 July regarding your request for information on the FibreSpeed project. You asked for: 1. Dates, amounts and sources of both Welsh Government and European Union funding and what these were for, both for the original deployment and the ongoing operation of the FibreSpeed network, specifically what was paid for what and when, in line with the initial contract. 2. The initial proposition for the FibreSpeed network for both the original proposition from the start of the development of the project and also the fully developed proposition on which the tender was eventually issued. 3. The tender document. 4. Those who applied, specifically those who put in bids for the tender in order to compare what one was offering against another. 5. Information on any changes made to the FibreSpeed contract (following the initial contract to deliver the service between FibreSpeed/Geo/Zayo and the Welsh Government, were any amendments or exclusions made between that initial signing and now?). Specifically, how the contract between Hutchison/Geo and the Welsh Government has developed and any subsequent amendments to the original agreement and undertaking, for example, addition, removal or change of wording. 6. Information on the FibreSpeed benchmarking process and outcomes since the outset of the project, specifically: details of the process and how it works; what 7 August 2018

Transcript of Our ref ATISN 12453 - Welsh GovernmentOur ref ATISN 12453 Dear , Request for Information – ATISN...

Page 1: Our ref ATISN 12453 - Welsh GovernmentOur ref ATISN 12453 Dear , Request for Information – ATISN 12453 I wrote to you on 12 July regarding your request for information on the FibreSpeed

E&T FOI Team Welsh Government

Treforest – QED Centre

Main Avenue Treforest Industrial Estate

Ponty pridd

CF37 5YR [email protected].

Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd gohebu yn Gymraeg yn arwain at oedi.

We welcome receiving correspondence in Welsh. Any correspondence received in Welsh will be answered in Welsh and

corresponding in Welsh will not lead to a delay in responding.

Our ref ATISN 12453

Dear , Request for Information – ATISN 12453

I wrote to you on 12 July regarding your request for information on the FibreSpeed project. You asked for: 1. Dates, amounts and sources of both Welsh Government and European Union

funding and what these were for, both for the original deployment and the ongoing operation of the FibreSpeed network, specifically what was paid for what and when, in line with the initial contract.

2. The initial proposition for the FibreSpeed network for both the original proposition from the start of the development of the project and also the fully developed proposition on which the tender was eventually issued.

3. The tender document.

4. Those who applied, specifically those who put in bids for the tender in order to compare what one was offering against another.

5. Information on any changes made to the FibreSpeed contract (following the initial contract to deliver the service between FibreSpeed/Geo/Zayo and the Welsh Government, were any amendments or exclusions made between that initial signing and now?). Specifically, how the contract between Hutchison/Geo and the Welsh Government has developed and any subsequent amendments to the original agreement and undertaking, for example, addition, removal or change of wording.

6. Information on the FibreSpeed benchmarking process and outcomes since the outset of the project, specifically: details of the process and how it works; what

7 August 2018

Page 2: Our ref ATISN 12453 - Welsh GovernmentOur ref ATISN 12453 Dear , Request for Information – ATISN 12453 I wrote to you on 12 July regarding your request for information on the FibreSpeed

E&T FOI Team Welsh Government

Treforest – QED Centre

Main Avenue Treforest Industrial Estate

Ponty pridd

CF37 5YR [email protected].

Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd gohebu yn Gymraeg yn arwain at oedi.

We welcome receiving correspondence in Welsh. Any correspondence received in Welsh will be answered in Welsh and

corresponding in Welsh will not lead to a delay in responding.

areas are compared with where; is it always the same areas; who are they benchmarking against; is it wholesale, or retail; and if wholesale, at what tier.

I confirm the Welsh Government holds the information you have requested. For your first question, some of the information you have requested is already in the public domain, as follows: Information about EU funding for FibreSpeed is provided at: https://gov.wales/docs/wefo/publications/150407wefo-all-en.pdf Information about payments and payment dates is available at Annex C of the following previous FoI response: https://gov.wales/about/open-government/freedom-of-information/responses/2018/Apr18/atisn11914/?lang=en Other information we hold is provided at Annex 1 to this letter. We hold the following information in relation to your second question:

“Based upon the Broadband Wales Strategy 2005 to 2007 (published on 19th January 2005) the Broadband Wales FibreSpeed Project aims to meet the following objectives:

Deliver high-speed broadband services to strategic business parks and locations (where ‘high-speed’ is defined as a minimum of 10Mbit/s symmetric and capable of supporting Gbit/s requirements); and,

Ensure these services are available at affordable prices, benchmarked against London and South East of England.

Ensure that Wales has extensive geographic access to competitive wholesale infrastructure”

The tender document is given at Annex 2. I understand you already have a copy of the project agreement referred to in the tender document following its release under ATISN 11914. For your fourth question, I can advise that the companies who applied were: Geo; and Alcatel Lucent and Atkins. Your fifth request is being refused under Reg12(4)(b) of the EIRs, manifestly unreasonable for the reasons outlined at Annex 3. For your sixth question, I would refer you to Clause 13 of the 2007 contract, which I understand you already have a copy of following its release under ATISN 11914.

Page 3: Our ref ATISN 12453 - Welsh GovernmentOur ref ATISN 12453 Dear , Request for Information – ATISN 12453 I wrote to you on 12 July regarding your request for information on the FibreSpeed

E&T FOI Team Welsh Government

Treforest – QED Centre

Main Avenue Treforest Industrial Estate

Ponty pridd

CF37 5YR [email protected].

Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd gohebu yn Gymraeg yn arwain at oedi.

We welcome receiving correspondence in Welsh. Any correspondence received in Welsh will be answered in Welsh and

corresponding in Welsh will not lead to a delay in responding.

If you are dissatisfied with the Welsh Government’s handling of your request, you can ask for an internal review within 40 working days of the date of this response. Requests for an internal review should be addressed to the Welsh Government’s Freedom of Information Officer at: Information Rights Unit, Welsh Government, Cathays Park, Cardiff, CF10 3NQ or Email: [email protected]. Please remember to quote the ATISN reference number above. You also have the right to complain to the Information Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. However, please note that the Commissioner will not normally investigate a complaint until it has been through our own internal review process.

Yours sincerely

Page 4: Our ref ATISN 12453 - Welsh GovernmentOur ref ATISN 12453 Dear , Request for Information – ATISN 12453 I wrote to you on 12 July regarding your request for information on the FibreSpeed

ANNEX 1

FibreSpeed for Goods and Services

Description

Provision of Subduct rights in Geo Duct – Betley to Manchester Telecity

Objective 1 Area – North Wales Business Park to St Asaph Business Park. Less 5% Retention

Objective 1 Area – Parc Menai to Parc Bryn Cegin. Less 5% Retention

Objective 1 Area – Parc Menai to Victoria dock. Less 5 % Retention

Network Design and Specification

Detailed Design Acceptance Objective 1 Area

Detailed Design Acceptance Non Objective 1 Area

Objective 1 Area – North Wales Business Park to St Asaph Business Park. Less 5% Retention

Objective 1 Area – Llandudno Junction to North Wales Business Park. Less 5% Retention

Objective 1 Area – Parc Menai to Victoria Dock. Less 5% Retention

Parc Menai to Parc Bryn Cegin. Less 5% Retention

Parc Caer Seion to Llandudno Junction. Less 5% Retention

St Asaph Business Park to Deeside Industrial Estate. Less % Retention

Llandudno Junction to North Wales Business Park. Less 5% Retention

Interim Material Milestone

Submilestone 6b(2) – Llandudno Junction to North Wales Business Park. Less 5% Retention

Parc Menai to Victoria Dock. Retention withheld from Invoice 10 and Invoice 2

Milestone 4a – Parc Bryn Cegin to Parc Caer Seion. Less retention @ 5%

St Asaph Business Park to Deeside Industrial Estate. Less 5% Retention

Milestone 3b(2) – Parc Menai to Parc Bryn. Retention in 3a and Retention in 3b(1)

Milestone 51b(2) – St Asaph Business Park to Deeside Industrial Estate. Retention on 51a. Retention on 51B1. Less materials already invoiced (INV 21)

Milestone 6c – Llandudno Junction to North Wales Business Park. Retentions due on 6a, 6b1, 6b2. Less materials already invoiced (INV 21)

Milestone 1a(1) – Parc Cybi to Parc Menai. Less 5% Retention

Milestone 4b – Parc Bryn Cegin to Parc Caer Seion. Less 5% retention

Milestone 24b – Victoria Dock to Telecity Manchester (Network Resilience) Less retention @ 5%

Material Milestone 106

Parc Menai access network less retention at 5%

Material Milestone 101

Milestone 5a(2). Less Retention. Less Allocation of Material Milestone (100 & 101)

Material Milestone 102 Material Milestone 103 Material Milestone 104 Material Milestone 105

Milestone 4c1. Less 5% Retention

Milestone 11a – Parc Bryn Cegin. Less 5% Retention

Milestone 81

Milestone 18

Recharge of legal costs for renegotiation

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Milestone 10b. Less 5% Retention

Legal Fees in association with renogotiation, for the period 28th Feb 2008 to 28th March 2001

Milestone 1a2

Milestone 15a Park Fibre Build. Less 5% Retention

Milestone 11b. Less 5% Retention. Less Material Allocation

Milestone 9b. Less 5% Retention

St Asaph Facility Build. Less 5% Retention. Less materials already invoiced

Milestone 58c. Less 5% Retention. Less material allocation

Milestone 58B. Less 5% Retention. Less material allocations

Milestone 58B. Less 5% Retention. Less material allocations

Milestone 57B – Section 2 Wrexham Indust. Less 5% Retention. Less material already invoiced

Milestone 57C. Less 5% Retention. Less material already invoiced

Milestone 57a. Less 5% Retention. Less material already invoiced

Milestone 56a. Less 5% Retention. Less material already invoiced

Milestone 9c – Victoria Dock. Retention held on Milestone

Milestone 10c – Parc Menai. Retention held on Milestone

Milestone 12a Milestone 12b Less material allocation against 12b Milestone 12c

Milestone 8a – Parc Cybi Milestone 8b – Parc Cybi Milestone 8c – Parc Cybi Less Material Milestone

Milestone 15c St Asaph. Retention Held on Milestone

Milestone 11c. Retention Held on Milestone

Milestone 9a – Victoria Dock

Milestone 4c2 – Parc Bryn Cegin to Parc Caer Seion. Retention held on Milestone

Milestone 14a Milestone 14b Less material allocation on 14b Milestone 14c1 Milestone 14c2

Change Control on Milestone 11c

Milestone 16

Milestone 17

Milestone 19

Milestone 20

Milestone 21

Milestone 23

Milestone 24a – Network Resilience

Milestone 5a3 – Parc Caer Seion to Llandudno Junction. Retention held on Milestone

Retention on Milestone 1b

Milestone 1c – Ty Mawr to Parc Menai Retention held on milestone

Milestone 1b-Ty Mawr to Parc Menai Less retention

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Milestone 26 Clbyn Ind’ Estate

Milestone 27 Llangefni

Milestone 27 Llangefni

Infrastructure Rights

Milestone 51d2 Retention Held on 51d1 (Inv 47) Less materials allocation

Milestone 51e Milestone 51e

Milestone 52b2 (includes credit of £360 incorrectly billed on 52b1 – Inv 46) Retention held on MS 52BLLess materials milestone allocation

Milestone 57d Less materials allocation Retention on 57a Retention on 57b Retention on 57c

Milestone 53 Less materials milestone allocation

Milestone 54 Less materials milestone allocation

Milestone 55 Warren Hall to Wrexham Tech’ Park Less materials milestone allocation

Retention on MS52a

Milestone 56b – Wrexham Tech Park to Wrexham Ind Estate. Less Materials milestone allocation

Milestone 56b – Wrexham Tech Park to Wrexham Ind’ Estate Less materials milestone allocation

Balance of retention on MS1

Retention on MS56a

Milestone 58d – Betley to Manchester Less material milestone allocation

Milestone 64a – Deeside Ind Estate Less retention

Infrastructure rights at Victoria Docks

Recharge of legal fees for renegotiation

Milestone 25

Mold build cost less 5% retention

Infrastructure rights at St Davids

Stone Wall at Parc Cybi

Fibrespeed Doc Folder X 4000 Fibrespeed A5 Landscape flyer x3000 Fibrespeed A4 Brochure (En) x2000 Fibrespeed A4 Brochure (Cy) x 500 A6 Advertising Notepad X1000 Isis ball pen X2000 Golf Umbrella X 200 Delivery and set up Asst Mens and Ladies Polo Shirts X100

61A – Wrexham Ind Est’ Fibre

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62A – Hawarden Bus’ Park Fibre 62B – Hawarden Bus’ Park Facility Build 62C – Hawarden Business Park Tower / Compound 63A – St Davids Park Fibre 63B – St Davids Park Facility Build 63C – St Davids Park Tower Tower / Compound 64B – Deeside Ind’ Est’ Facility Build 64C – Deeside Ind’ Est’ Tower / Compound

WP027 – Llangefn

Chester Races

Milestone 65(1) Wrexham Active Equip

60a – Wrexham Tech’ Park Fibre 20% complete 73c – Mold complete 73d – Mold complete 60b – Wrexham Tech’ Park Facility Build 80% complete 60c – Wrexham Tech’ Park Tower/Compound 50% complete 68 – Wrexham Tech’ Park B side active 61B – Wrexham Ind’ Estate Facility Build 80% complete 61C – Wrexham Ind’ Est’ Tower/Compound 50% complete Interim Milestone 64c(2) – Tower 40% complete

Retention 24b Retention 64a

Retention payment shortfall – milestone 56a, 58b/c/e

MS70 St Davids Equipment

Parc Cybi Power (FSCC43) Wrexham Tech’ Power (FSCC460)

Victoria Dock Parc Bryn Cegin Parc Caes Seion North Wales St. Asaph Wrexham Industrial Hawarden Bus’ Park St. Davids Park Deeside Industrial

Operation Support – Main network Q1 Apr’ ’09 – Jun’ ‘09

Operation Support – Resilient Route

Cybyn retention less bond

Operational Support – Customer orders Q1 Apr ’09 – Jun’09

Acquisition & Planning Fees NWBP Access Track Legal Legal and registry & Surveyor fees

North Wales Bus’ Park rent Deeside rent

Rent Wrexham Tech’ Park

02 Op Support – Customer orders

Milestone 64c – Deeside Industrial Est’ Milestone 68 0- Wrexham Tech’ Park

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Op.Support Q1 – Q3 wpo – Clbyn & Llangfni

Q3 Op. Support main service

Milestone 28a – Design Specification and pre mobilisation

Milestone 29a – Design Specification and pre mobilisation

Milestone 29b – Materials and Mobilisation

Milestone 28b – Bangor Menai

Milestone 60b – Wrexham Tech’ Park Milestone 60c – Wrexham Tech’ Park

Milestone 30B – Victoria Dock

Milestone 30A – Victoria Dock

Milestone 29K Llangefni Cpop

Operational support adjustment as agreed

Milestone 30a – Victoria Dock

Milestone 30b – Victoria Dock

Milestone 28F – Bangor Menai Bridge

Milestone 61B – Wrexham Ind Estate Milestone 61C – Wrexham Ind’ Estate

Milestone 73 B,C,D Mold

Milestone 28 C,D,E Bangor Menai Bridge

Milestone 29G Bangor,Llangefni 2 – Llangefni Town Milestone 29H Bangor, Llangefni Park Fibre Milstone 29J Bangor, Enhanced resilience junction 6

Milestone 29C – Bangor Menai Bridge Milestone 29D Bangor Menai Bridge – Penmynydd 1.90% completion track and box build Milestone 29F Bangor Penmynydd 2 – Llangefni 2.90% completion track and box build

Milestone 30H – Victoria Dock, Carillion Duct Saron – Lon Cefn Glyn (40% completion track and box build) Milestone 30I - Victoria Dock, Carillion Duct Lon Cefn Glyn – Govt infrastructure Milestone 30K – Victoria Dock, Carillion Duct Materials mobilisation for sub duct, cable & splicing accessories (change control)

Milestone 30C Victoria Dock, Carillion Duct Tanrallt Interconnect Ffordd Eryrl (80% completion track and box build) Milestone 30E - Victoria Dock, Carillion Duct Ysbyty Eryrl – Ffordd Pant/ Lon Parc Milestone 30F – Victoria Dock. Carillion Duct Ffordd Pant/Lon Parc Llanfaglan (50% completion track and box build) Milestone 30G – Victoria Dock. Carillion Ducr Llanfaglan – Saron (40% completion track and box build)

Milestone 31 A Llandudno Junction Supply of Materials

Milestone 60A – Wrexham Technology Park Fibre

Customer Connection Operating Support Operational Year 1 Quarter 4

Operating Support for Quarter 4 of Operational Year 1 Credit issued as a result of recalculation phasing. Maximum Operating Support in accordance with invoices issued in previous quarters.

Redwither Waterproofing Rewither Waterproofing Crane Hire Acquisition costs

Op.support Q3 - install

Operating Support for Cibyn & Llangefni WPOs for Operational Year 1 Quarter 4

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Operating Support on IBO for Quarter 4 of Operational Year 1

Rent on Redwither Tower paid to Lawrence Graham

Milestone 29d (10%) Milestone 29e (100%) Milestone 29f (10%)

Milestone 30c (20%) Milestone 30d (100%) Milestone 30f (50%) Milestone 30g (60%) Milestone 30h (60%) Milestone 30j (100%)

IBO and WPO Operating Support Q1 Year 2

Milestone 28G Milestone 29I

Change Conbtrol – FS/CC/09 Sub Duct, Cabling, Splicing and Testing Victoria Dock to Aberdesach Milestone 31K

Main Operating Support Q2 Yr2

Customer Connections Operating Support Q1 and 2 Operational Year 2

Customer Connection Support Op Year 2 Q3

Main operating Support Bangor University Public Sector Benefit (Bangor)

Change Control: FS/CC/108 Installation of Primary Duct – Garth Road

Milestone 31B Llandudno Junction Passive Works Milestone 31C Llandudno Junction Active Works

Milestone 87

Q4 Operational Year 2: Customer Connection Support

Operational Year 3: Quarter 1 IBO/WPO Operating Support

Operational Year 3: Q1 Customer Connection Support

CR : FS/CC/115 Wrexham to Deeside upgrade

Operational Year 3: Q2 connection support

FS/CC/117 Parc Cybi Tower Extension

Operational Year 3: Quarter 2 IBO/WPO Operating

Opertional Year 3: Quarter 3 IBO/WPO Operating Support

FS/CC/116 Additional Batteries for Parc Menai Strategic Site

Operational Year 3 Q3 Customer Connection Support

Pwllheli POP Design & Upfront Preparation Costs

Operating Support invoice calculated in accordance with Schedule 5 notwithstanding the position set-out by Fibrespeed in respect to the Revenue Shortfall in the Operational Year 3 report

Customer Connections Operational Support Op Yr 3 Q4

Full Operating Support Op Yr4 Q1

Cost in relation to Settlement and Restructuring Agreement in accordance with clauses

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12.1.3(a)

Full Operating Support Op Yr4 Q2

Customer Connections Operational Support: Operating Year 4 – Quarter 1

Project Canterbury Costs up to 30th September 2012 Legal Fees General Manager – July 12.25 days General Manager – July Expenses General Manager – Aug – 11 Days General Manager – Sep – 14 Days General Manager – Sep Expenses

Project Canterbury Costs up to 31st October 2012 Legal Fees General Manager 12 Days General Manager – Expenses

Project Canterbury Costs up to 30 November 2012 Legal Fees General Manager 17 Days General Manager – Expenses

Customer Connections Operating Support Operating Year 4 – Quarter 2

576772

Full Operating Support Op Yr 4 Q3

Project Canterbury Costs up to 31 December 2012 Legal Fees General Manager 11 Days General Manager – Expenses

Customer Connections Operating Support Operating Year 4 – Quarter 3

Core Services Transition Fixed Cost

Full Operating Support Operating Yr 4 Q4

Customer Connections Operating Support Operating Year 4 – Quarter 4

Deed of variation E Non-Commercialised Assets Decommissioning Maintenance charge 1st April 2013 to 31st March 2014

Deed of variation E Non-Commercialised Assets Decommissioning Maintenance charge 1st April 2014 to 31st March 2015

Telecommunications Service

Telecommunications Service

Telecommunications Service

Telecommunications Service

Milestone 71 – Raglan site active equipment

Milestone 86 – Deeside Active Equipment

Milestone 69 – Hawarden Active Equipment

Change Control FSCC106 Menai Bridge Cable

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WPO-04 Bangor – FSCC105 WPO-04 Bangor – FSCC109 Supply of Power to Llangefni CPoP WPO-04 Bangor – FSCC063 Hawarden Chambers

CR: FS/CC/115 Wrexham to Deeside Upgrade

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ANNEX 2

WELSH ASSEMBLY GOVERNMENT

FibreSpeed – Open Access Networks for Wales

Invitation to Submit Final Tenders

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CONTENTS

Clause Page

1 PREFACE................................................................................................... 3

2 NOTIFICATION FOR INVITATION TO SUBMIT FINAL TENDER ........................... 3

3 PREPARATION OF ISFT ............................................................................... 3

4 COPYRIGHT............................................................................................... 4

5 INTRODUCTION ......................................................................................... 5

6 PROJECT BACKGROUND ............................................................................. 6

7 CONTENT OF TENDERS ............................................................................... 7

8 RETURN OF TENDERS ................................................................................. 7

9 AWARD CRITERIA AND PROCESS ................................................................. 8

10 AWARD OF PROJECT AGREEMENT ................................................................ 9

11 TIMETABLE ............................................................................................... 9

12 COMPLIANCE WITH LEGISLATION ............................................................... 11

13 LEGAL NOTICES ....................................................................................... 11

14 INSURANCE ............................................................................................. 12

15 RIGHT TO REJECT/DISQUALIFY .................................................................. 12

16 RIGHT TO CANCEL OR VARY THE PROCESS .................................................. 12

17 CONFIDENTIALITY .................................................................................... 13

18 TENDER COSTS AND RISK ......................................................................... 14

19 AVAILABILITY OF INFORMATION/DUE DILIGENCE ......................................... 14

20 QUESTIONS ............................................................................................. 14

21 BIDDER TEAMS & CONTACT POINTS ........................................................... 14

22 PREPARATION OF PROPOSALS.................................................................... 15

23 SUBMISSION OF PROPOSALS ..................................................................... 15

24 TENDER RESPONSES ................................................................................. 15

25 DISCLAIMERS .......................................................................................... 15

26 FREEDOM OF INFORMATION ...................................................................... 16

27 DATA PROTECTION ACT ............................................................................. 16

28 CERTIFICATES .......................................................................................... 17

29 COLLUSION ............................................................................................. 17

30 CANVASSING ........................................................................................... 18

31 PUBLICITY ............................................................................................... 18

32 WELSH LANGUAGE.................................................................................... 18

33 SUMMARY ................................................................................................ 18

APPENDICES

1 EVALUATION CRITERIA ............................................................................. 20

2 FORM OF TENDER ..................................................................................... 33

3 PROJECT AGREEMENT ............................................................................... 37

4 PROJECT AGREEMENT VARIATIONS ............................................................ 38

5 ADDITIONAL INFORMATION ....................................................................... 39

6 VARIATION AND BENCHMARKING OF WHOLESALE PRICES ............................ 41

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1. PREFACE

1.1 This document is published by the Welsh Assembly Government (“the

Government”) to those organisations (“Bidders”) who are to receive an

Invitation to Submit Final Tender (“ISFT”) following participation in the dialogue

stage of the procurement process for FibreSpeed – Open Access Networks for

Wales.

1.2 It should be noted that information given to the Government as part of the

Bidders response to the Pre-Qualification Questionnaire (“PQQ”), Invitation to

Participate in Competitive Dialogue (“IPD”) and during the dialogue procedure

will still be subjected to verification by the Government during this stage of the

procurement process.

1.3 Any material error, omission or misrepresentation on the part of Bidders may

result in their disqualification from participating in the procurement process no

matter what stage in the process has been reached when the error, omission or

misrepresentation is discovered.

1.4 The Government will be conducting this Procurement exercise through the Bravo

Solutions e-Tendering portal (the “Portal”). This can be found at

www.wpi.bravosolution.com.

1.5 All information made available to Bidders can be downloaded and

responses as part of this procurement procedure must be returned

through this channel.

1.6 If you require any further assistance the Bravo Solutions help desk is available

Mon – Fri 8am – 6pm on:

Email address: [email protected]

Phone: 0800 011 2470 / Fax: 020 7080 0480

2. NOTIFICATION FOR INVITATION TO SUBMIT FINAL TENDER

2.1 All Bidders were notified simultaneously on 27th April 2007 via the secure

messaging area of the Portal that the dialogue phase was to be concluded on 4th

May 2007. The Bidders are now being invited to submit a final tender.

3. PREPARATION OF ISFT

3.1 This ISFT and its attachments have been prepared by the Government and its

advisers. All reasonable care has been taken to ensure that the facts stated or

referred to in the ISFT are true and accurate in all material respects at the time

of issue. However, neither the Government nor any of its advisers accept any

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responsibility for the information contained in this ISFT and associated

documents or for its fairness, accuracy, adequacy or completeness, and no

warranty, express or implied, is given. Nor shall any of them be liable for any

loss or damage (other than in respect of fraudulent misrepresentation) arising as

a result of reliance on such information or any subsequent communication. Any

Bidder considering making a decision to enter into a binding relationship with the

Government on the basis of the information provided in this ISFT should make

their own investigations and form their own opinion as to the Government and

the Project described in this ISFT.

3.2 Only the express terms of any written contract relating to the subject matter of

the ISFT, as and when it is executed, shall have any contractual effect in

connection with the matters to which it relates. Any such contract will be

governed by the laws of Wales and England and the exclusive jurisdiction of the

courts in Wales and England.

4. COPYRIGHT

4.1 Bidders are reminded that the ownership of the copyright in this ISFT and its

attachments belongs to the Government. Except as necessary in relation to the

preparation and discussion of their solutions or a tender, Bidders shall not

reproduce in any material form (including photocopying or storing it in any

medium by electronic means) any of this ISFT without written permission of the

Government other than for use strictly for the purpose of preparing a Tender.

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PART A – INTRODUCTION

5. INTRODUCTION

5.1 The Government has now entered the final tender stage for the procurement of

“FibreSpeed – Open Access Networks for Wales (“FibreSpeed” or the “Project”)

following the conclusion of the dialogue stage of the process.

5.2 This notice of an ISFT is published in accordance with Regulation 18 of the Public

Contract Regulations 2006 (the “Regulations”).

5.3 This ISFT is issued in accordance with the requirements as specified within the

“FibreSpeed” Contract Notice (Contract No. 144/2006), published in the

supplement to the Official Journal of the European Union TED publication

(Tenders Electronic Daily), Reference No. 163480-2006 dated 9th August 2006.

5.4 All documents relating to this ISFT are available in an electronic format at the

Bravo Solutions e-tendering portal at www.wpi.bravosolution.com

5.5 All queries in respect of this ISFT must also be sent using the messaging function

within the portal. Responses will be provided through the same means, and

where appropriate details will be distributed to other Bidders. Further details are

outlined at Paragraph 20 of this document. Bidders should also note Paragraph

17 in relation to the submission of queries.

5.6 The timetable in respect of the final tender stage is detailed within Paragraph 11

of this document. Whilst every effort will be made by the Government to adhere

to the proposed timetable, it may be necessary to make amendments to the

timing of certain activities and the Government reserves the right to do so. In

the event that such amendments are made, then Bidders will be notified with as

much advance notice as possible via the Portal. However it should be noted

that the Government are now working along a critical path towards

contract award, and has a strong preference to adhere to the timetable

insofar as is practicable.

5.7 The Welsh Ministers are the Contracting Authority for the purposes of this

procurement.

5.8 As part of the dialogue stage the Government issued a term sheet (the “Term

Sheet”) setting out the base contractual terms for FibreSpeed. The Term Sheet

has been converted into a base contract which has been further dialogued with

each Bidder during the dialogue stage. The resulting contract for each Bidder and

its schedules are attached at Appendix 3 (the “Project Agreement”).

5.9 All documents issued with this ISFT form part of the ISFT and should be read in

conjunction with each other.

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6. PROJECT BACKGROUND

6.1 FibreSpeed – Open Access Networks for Wales ‘FibreSpeed’ forms a key part of

the Broadband Wales Programme within the Welsh Assembly Government

Department for Enterprise, Innovation and Networks. The programme was

launched in July 2002 as a strategic 5-year initiative to deliver a range of

projects that will equip Wales with a robust and affordable telecommunications

infrastructure, capable of supporting its forward looking economic objectives.

6.2 FibreSpeed will provide a platform for the delivery of world-class advanced

broadband services through the delivery of an open access network, and will

comprise both local access networks at the target locations, a backbone network

interconnecting these locations to other telecoms networks and points of

presence distributed across the network. Bidders are referred to the Project

Briefing Document issued with the IPD which is available in the Data Room for

further background information on the Project.

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PART B – INSTRUCTIONS TO BIDDERS

7. CONTENT OF TENDERS

7.1 Bidders must submit the following in their submission responding to this ISFT

(the “Tender”):

7.1.1 one completed Form of Tender (Appendix 2);

7.1.2 completed Compliancy Matrix at Schedule 1 of the Project Agreement;

7.1.3 completed Schedules 2 – 9, 11, 12, 15, 16, 18, 19, 22 and 24 to the

Project Agreement which are annexed at Appendix 3 to this ISFT;

7.1.4 completed Project Agreement variation form (Appendix 4);

7.1.5 any supporting documentation included on the list set out in Appendix

5 (“Supporting Documentation”);

7.2 Bidders are required to submit the information in the order of the specified

sections in Schedules 1 – 9, 11, 12, 15, 16, 18, 19, 22 and 24 to the Project

Agreement to assist the evaluation team in the evaluation process. This is so

that all of the information is readily accessible to the evaluation team and none

is overlooked. Please note however that the information submitted will be

evaluated against all relevant criteria as specified in Appendix 1 to determine the

most economically advantageous Tender.

7.3 Provide the name, address, telephone, fax and email addresses of the contact

person for this Project and details of their level of responsibility and authority to

commit the Bidder to a course of action is required.

7.4 Your full business/name and main office address must also be provided on all

documents. This should be the registered name and address in the case of

companies.

8. RETURN OF TENDERS

8.1 All responses to this ISFT should be sent via the portal at

www.wpi.bravosolution.com by 17:00hrs Monday 18th June 2007.

8.2 All responses to this ISFT must be sent in the language of English or English and

Welsh. In the event that a response is provided in Welsh, then a copy in English

must also be provided with the Bidder responsible for the translation. In the

event of ambiguity between responses submitted in both Welsh and English the

wording in the English version shall take precedence.

8.3 The Tender must contain a full proposal in order for the Government to evaluate

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it against the published criteria.

8.4 The Regulations which apply to the tender procedure provide that Tenders must

be on the basis of solutions which have been presented and specified during the

dialogue.

8.5 Failure to fully complete the documents, provide all the information required or

meet the above requirements for setting out the information may result in the

Tender not being considered by the Government.

9. AWARD CRITERIA AND PROCESS

9.1 The Tender submission must be in relation to the solution which was discussed

and developed with the Government and its advisors during the dialogue.

9.2 The Tender submissions will be evaluated to determine the most economically

advantageous tender against the evaluation criteria set out in Appendix 1.

9.3 Any material issues should have been raised during the competitive dialogue

procedure and should not be raised in your Tender submission. The Tender must

contain as much detail as possible in relation to your Tender as set out in this

ISFT.

9.4 Bidders and their teams should be on standby to answer any questions or for

any meetings requested by the Government to clarify, specify or fine-tune their

Tender between Wednesday 20th June 2007 and Wednesday 27th June 2007.

9.5 Bidders are required to complete the Compliancy Matrix set out in Schedule 1

(Key Requirements) to Appendix 3 clearly indicating where in their Tenders the

relevant requirements of the Compliancy Matrix are satisfied. The Government

shall as a first phase of evaluation consider Bidders’ Tenders against the

Compliancy Matrix. The Government reserves the right to reject any Tender

which does not satisfy the Compliancy Matrix.

9.6 The Government intends to evaluate variations to each Bidder’s Project

Agreement set out at Appendix 3 against the base draft project agreement

issued to Bidders on 28th March 2007. The Government also intends to evaluate

changes proposed through the Project Agreement Variation mechanism set out

in Appendix 4. Any variations whether proposed in the dialogue phase or through

the Project Agreement Variation mechanism will be assessed against the

relevant evaluation criteria set out in Appendix 1 with scores being allocated to

the appropriate evaluation category.

9.7 The Government intends to evaluate any Supporting Documentation (see

Paragraph 7.1.4 and Appendix 5) submitted by Bidders. Supporting

Documentation will be assessed against the evaluation criteria set out in

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Appendix 1 with scores being allocated to the appropriate evaluation category.

9.8 The Government wrote to Bidders on 17th April 2007 informing them that the

maximum total ERDF and Government core funds that are available for the

period from 1st April 2007 to 31st March 2009 is £25,000,000 (Twenty Five

Million Pounds Sterling). Bidders are encouraged to submit Tenders which are

below this affordability threshold and the Government reserves the right to

reject any Tender which exceeds this threshold.

10. AWARD OF PROJECT AGREEMENT

10.1 The Government may proceed to award of Project Agreement on the basis of the

Project Agreement incorporated in this ISFT (as amended through the Project

Agreement Variation mechanism in Appendix 4 and any clarifications) and the

most economically advantageous Tender response. In accordance with Appendix

4, only variations which are in the Government’s favour may be proposed as part

of a Bidder’s Tender.

10.2 Any award will be conditional on it being approved in accordance with the

Government’s internal administrative and financial approval procedures and the

Government being generally able to proceed.

10.3 Any award will be contingent on the satisfactory completion of a “standstill

period” of at least 10 calendar days in accordance with Regulation 32 of the

Regulations.

10.4 Bidders should note that the Competitive Dialogue procedure does not permit

any negotiation and Bidders should take account of this although the Authority

reserves the right to clarify, specify and fine tune as appropriate.

10.5 Acceptance by the successful Bidder shall be deemed to have occurred when the

Government posts formal notice of Project Agreement award to the successful

Bidder. The Government anticipates being able to award the Project Agreement

around 20th July 2007.

11. TIMETABLE

11.1 The timetable outlined below show the key tasks, milestones and deliverables

required to be met as part of this final tender process. Whilst the Government

intends to keep to these dates as far as is possible it reserves the right

to amend these dates at any time.

11.2 The Government are now working along a critical path as part of this final tender

process and Bidders should also ensure they are aware of the dates where key

deliverables are required. Bidders are reminded of the Government’s right to

reject/disqualify as set out in Paragraph 15.

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Activity Date

STAGE 1 – Close of Competitive Dialogue

Competitive Dialogue Closes to all Bidders Friday 4th May 2007

STAGE 2 – Invitation to Submit Final

Tender Stage

Invitation to Submit Final Tender issued to

Bidders

Thursday 17th May 2007

Deadline for Receipt of Final Tenders 17:00hrs – Monday 18th June

2007

ISFT Stage Closes Monday 18th June 2007

STAGE 3 – ISFT Evaluation

Final Tender Evaluation Starts Monday 18th June 2007

Tender Clarification Meetings (if required) Wednesday 20th June 2007 –

Wednesday 27th June 2007

Final Tender Evaluation Ends Wednesday 4th July 2007

STAGE 4 – Bidder Selection &

Clarifications

Selected Bidder Notification Wednesday 4th July 2007

Project Agreement Award Standstill Notice

Issued

Wednesday 4th July 2007

Meetings to clarify and confirm commitments

(if required)

Thursday 5th June 2007 –

Thursday 19th July 2007

STAGE 5 – Project Agreement Award

Announcement of Selected Bidder and Project

Agreement Award

Friday 20th July 2007

STAGE 6 – Project Implementation

Commences

Friday 20th July 2007

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12. COMPLIANCE WITH LEGISLATION

State Aid

12.1 On 22nd February 2006 the European Commission endorsed the FibreSpeed

project Phase 1. The final decision letter is provided within the Data Room (the

“Decision Letter”). Bidders must ensure that their Tenders fully comply with

the requirements of the Decision Letter and the Government reserves the right

to disqualify any Bidder whose Tender does not comply with the requirements of

the Decision Letter. Additional Phases will require European Commission

approval for State Aid purposes and any additional sites for Phase 1 will also be

notified for approval for State Aid.

12.2 Bidders should also note that in order to comply with the European Commission’s

approval of Phase 1, it will be necessary to ensure that public funding for the

project as against total project costs is at the ISFT stage kept to the minimum

amount necessary to achieve the project objectives. As such, short-listed Bidders

will be required to provide with their tender proposal full details of private sector

funding which they propose to apply to the likely total projects costs. The

evaluation process in terms of each Bidder’s proposal will take into account the

level of private sector funding proposed to be leveraged into the project.

Regulatory

12.3 Bidders should ensure that they are compliant with the regulatory regime set out

in the Communications Act 2003, including in particular the “General Conditions”

and must satisfy themselves that they hold all necessary licences and consents.

General

12.4 Compliance with all relevant legislation is required both in the Project Agreement

award procedure and during the term of any resultant contract.

13. LEGAL NOTICES

Security

13.1 Where necessary and feasible, Bidders may be given access to Government staff

in order to obtain information, but such access will be provided solely at the

Government’s discretion.

13.2 Where the successful Bidder (if any) requires for its personnel, frequent and

uncontrolled access to the premises of the Government, or where such personnel

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have access to restricted information, or proximity to public figures, then all such

personnel must satisfy the security requirements of the Government by

completing a security questionnaire. No Bidder personnel will be issued security

passes until they have obtained the required security clearance. Until then, they

will be issued with a temporary pass and will have to be escorted by a member

of staff each and every time they have access to the premises.

14. INSURANCE

14.1 The Government intends to evaluate the appropriateness of the insurance cover

proposed by Bidders and will require evidence of insurance from the Preferred

Bidder.

15. RIGHT TO REJECT/DISQUALIFY

15.1 The Government reserves the right to reject or disqualify a candidate and/or its

related providers being those referred to in part A6 of the Bidders response to

PQQ (“the Relevant Organisations”) for reasons including but not limited to:

15.1.1 The responses to the requirements of the ISFT are submitted late, are

completed incorrectly, are incomplete or fails to meet the

Government’s other submission requirements which have been notified

to Bidders

15.1.2 The Bidder and/or its Relevant Organisations are, at any stage during

the selection and evaluation process, unable to satisfy the terms in

Form 1 – Statement of Good Standing signed by the Bidder and its

Relevant Organisations and submitted as part of the PQQ

15.1.3 The Bidder and/or its Relevant Organisations are guilty of serious

misrepresentation in relation to its application and/or the process

15.1.4 There is a change in identity, control, financial standing or other factor

impacting on the selection and/or evaluation process affecting the

Bidder and/or its Relevant Organisations and/or its supply chain

partners.

16. RIGHT TO CANCEL OR VARY THE PROCESS

16.1 The Government reserves the right to:

16.1.1 Cancel the selection and evaluation process at any stage of this

procurement

16.1.2 Require a Bidder and/or its Relevant Organisations to clarify their

submission in writing and/or provide additional information. (Failure to

respond adequately may result in a Bidder being deselected)

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16.1.3 Vary the timetable for the tendering procedures.

17. CONFIDENTIALITY

17.1 By receiving this ISFT, you agree to keep confidential any information contained

in it or sent with it or made available in connection with any further enquiries

about its subject matter (the “Information”). The Information may be made

available to a Bidder’s consortium members, employees and professional

advisers and/or financiers who are directly involved in the appraisal of such

Information and have each given an undertaking to keep such Information

confidential and not to, either in whole or in part, copy, reproduce, distribute or

otherwise make the Information available to any other parties in any

circumstances without the prior consent of the Government nor may it be used

for any purpose other than that for which it is intended. These requirements do

not apply to any Information which is or becomes publicly available or is shown

to have been properly obtained from a third party (in each case otherwise than

through a breach of confidentiality obligation).

17.2 All documentation supplied by the Government in relation to the ISFT is and

shall remain the property of the Government and must be returned upon

demand. Return postage will be refunded upon request.

17.3 The Government may disclose information relating to Bidders’ submissions to the

Government’s members, directors, officers, employees, agents or advisers and

the Government may make the key Project documents available for private

inspection by the Government’s members, directors, officers, employees, agents

or advisers.

17.4 The Government acknowledges that organisations engaged in the ISFT may have

concerns regarding the confidentiality of the ideas and solutions provided by

organisations and whether the commercial information which Bidders disclose

and technical and other solutions will be disclosed by the Government to other

Bidders. In this regard, the Government will ensure equality of treatment

amongst all Bidders and will not provide information in a discriminatory manner

which may give some Bidders an advantage over others.

17.5 Where a request for additional information is made by a Bidder and, in the

opinion of the Government, such information would be likely to be of material

interest to other Bidders, it shall be made available to all Bidders subject to any

duty of the Government to protect the commercial confidentiality of the Bidder

originally seeking the information. If Bidders do not want responses to individual

enquiries to be notified to all Bidders the relevant enquiry should be clearly

marked as commercially confidential. The Government will decide whether any

response to the enquiry would, for reasons of equal availability of information,

need to be notified to all Bidders. If this is the case, the Government will ask the

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Bidder whether they wish to retract the enquiry. If the Bidder wishes to retract

the enquiry then the Government will not disclose the information to any Bidder

unless it receives a subsequent enquiry on the same point from a different

Bidder and that Bidder is content for the information to be made available to all

Bidders.

18. TENDER COSTS AND RISK

18.1 The Government reserves the right not to follow up this ISFT in any way and/or

to withdraw from the tender process at any time.

18.2 The Government will not be liable for any Tender costs, expenditure, work or

effort incurred by a Bidder in proceeding with or participating in this

procurement, including if the procurement process is terminated or amended by

the Government.

18.3 Unless and until a formal and unconditional Agreement has been signed, all

correspondence and discussions between the Government and each Bidder

responding to the ISFT will be “subject to contract”.

18.4 The Government may terminate discussions with any Bidder at any time.

19. AVAILABILITY OF INFORMATION/DUE DILIGENCE

19.1 Where the Government makes documents and information available to Bidders

in order to facilitate the tender process, it will notify Bidders of the arrangements

and conditions of such availability. Requests for information must be made via

the e-Tendering portal.

20. QUESTIONS

20.1 Bidders should direct any questions in relation to this ISFT through the e-

Tendering portal before 17:00hrs Wednesday 13th June 2007. The

Government may at its discretion respond to questions received after this date

however Bidders should endeavour to submit any questions in a timely manner

in advance of Wednesday 13th June 2007. Bidders are referred Paragraph 17 in

relation to confidentiality of any such questions.

21. BIDDER TEAMS & CONTACT POINTS

21.1 All contacts with the Government concerning this Project must in the first

instance be directed through the e-Tendering portal –

www.wpi.bravosolution.com.

21.2 The Government places particular importance on ensuring that the tender

process is conducted in an orderly manner and Bidders must refrain from making

direct contact with other employees or advisers of the Government without prior

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permission.

21.3 Bidders are expected to ensure that consortium members or sub-contractors are

given necessary information in relation to their roles within a Bidder’s solution

and where Bidders respond to the Government as part of the tender process,

such responses must be given in relation to all such members or sub-

contractors.

22. PREPARATION OF PROPOSALS

22.1 Bidders must obtain for themselves, at their own responsibility and expense, all

information necessary for the preparation of their response to this ISFT. Bidders

are required to complete and provide all information required by the Government

in accordance with the conditions and other instructions notified by the

Government. Failure to comply with these conditions may lead the Government

to reject a submission unless omissions have been previously agreed by the

Government in writing.

23. SUBMISSION OF PROPOSALS

23.1 Formal pricing proposals unless otherwise advised must be submitted on the

basis that the financial detail they contain is valid for a minimum period of eight

months from the date fixed for their submission.

24. TENDER RESPONSES

24.1 Bidders will note the Government’s intention is, subject to receipt of acceptable

responses to this ISFT, to award a contract to a successful Bidder. The

Government may notify the successful Bidder of the basis on which their tender

has been accepted further to its terms and may withdraw a notification of

success from a Bidder who resiles from or alters its position on any such terms.

25. DISCLAIMERS

25.1 The Government reserves the right to:

25.1.1 waive any requirements of this procurement process (to the extent

permitted by law);

25.1.2 disqualify any Bidder that does not submit a compliant response in

accordance with the instructions in this document;

25.1.3 withdraw this document or procurement process at any time or to re-

invite responses on the same or any alternative basis;

25.1.4 not award any contract as a result of the current procurement process;

or

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25.1.5 to make whatever changes it sees fit to the timetable, structure or

content of the procurement process, dependent on approvals processes

or for any other reason.

26. FREEDOM OF INFORMATION

26.1 The Government is required to comply with the Freedom of Information Act 2000

(the “Act”) and the Environmental Information Regulations 2004 (“EIR”) which

impose on it a duty to respond to a request for information, and, subject to the

provisions of the Act and EIR, to disclose that information. If you consider that

any of the information to be submitted in your tender, should not be disclosed

because of its commercial sensitivity then this should be stated together with the

reason for considering it sensitive. The Government will then consult with you in

considering any request under the Act or under EIR relating to that information.

26.2 If, information submitted through this tender process is considered commercially

sensitive by the Relevant Organisation then details regarding such information

and the reasons why it is considered commercially sensitive should be outlined in

your tender.

27. DATA PROTECTION ACT

27.1 In this Clause the term Personal Data has the same meaning given in the Data

Protection Act 1998 (“the 1998 Act”) and “processed” and “process” shall be

construed in accordance with the 1998 Act.

27.2 The Bidder shall comply with the 1998 Act and any other applicable data

protection legislation. In particular the Bidder agrees to comply with the

obligations placed on the Government by the seventh data protection principle

(“the Seventh Principle”) set out in the 1998 Act, namely:

27.2.1 to maintain technical and organisational security measures sufficient to

comply at least with the obligations imposed on the Government by

the Seventh Principle;

27.2.2 only to process Personal Data for and on behalf of the Government, in

accordance with the instructions of the Government and for the

purpose of performing its obligations under the Project Agreement and

to ensure compliance with the 1998 Act;

27.2.3 to allow the Government to audit the Bidder’s compliance with the

requirements of this Condition on reasonable notice and/or to provide

the Government with evidence of its compliance with the obligations

set out in this Condition.

27.3 The Bidder agrees to indemnify and keep indemnified the Government against all

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claims and proceedings and all liability, loss, costs and expenses incurred in

connection therewith by the Government as a result of any claim made or

brought by any individual or other legal person in respect of any loss, damage or

distress caused to that individual or other legal person as a result of the Bidder’s

unauthorised processing, unlawful processing, destruction of and/or damage to

any Personal Data processed by the Bidder, its employees or agents in the

Bidder’s actions in relation to this ISFT.

27.4 Both Parties agree to use all reasonable efforts to assist each other to comply

with the 1998 Act. For the avoidance of doubt, this includes the Bidder providing

the Government with reasonable assistance in complying with subject access

requests served on the Government under Section 7 of the 1998 Act and the

Bidder consulting with the Government prior to the disclosure by the Bidder of

any Personal Data in relation to such requests.

28. CERTIFICATES

28.1 Bidders are reminded that the Statement relating to Good Standing and

Declaration provided at the PQQ stage remain in effect and continue to apply and

that Bidders must inform the Government at once of any change in

circumstances which affects these certificates.

29. COLLUSION

29.1 Any Bidder who at any time prior to formal execution of a contractual agreement

relating to the Project (“Agreement”):

29.1.1 fixes or adjusts the amount of a pricing proposal or Tender by or in

accordance with any agreement or arrangement with any person or

company; or

29.1.2 communicates to any person or company other than another member

of the consortium of which the Bidder forms part, or to the

Government, the amount or approximate amount of a Tender (except

where such disclosure is made in confidence in order to obtain

quotations necessary for the preparation of the Tender or for

insurance); or

29.1.3 enters into any agreement or arrangement with any other person or

company that it shall refrain from Tendering or as to the amount of

any Tender to be submitted; or offers or agrees to pay or give or does

pay or give any sum of money, inducement or valuable consideration

directly or indirectly to any person or company for doing or having

done or causing or having caused to be done in relation to this Tender

or any other Tender, any acts or omissions;

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may (without prejudice to any other civil remedies available to the

Government and without prejudice to any criminal or other liability

which such conduct by a Bidder may attract) be disqualified.

30. CANVASSING

30.1 Any Bidder who directly or indirectly canvasses any member or official of the

Government or the Government’s legal or other advisers, concerning the award

of the Agreement, or offers any inducements or engages in any corrupt practices

involving members or officials of the Government or the Government’s advisers,

may be disqualified.

31. PUBLICITY

31.1 Bidders shall not permit or undertake any publicity activity or make any

announcement referring to the Project without the prior consent in writing of the

Government.

32. WELSH LANGUAGE

32.1 The Bidders must take into account the Welsh Language Act 1993 and the Welsh

Assembly Government’s Welsh Language Scheme.

33. SUMMARY

33.1 Further to this ISFT, the Government looks forward to receiving your tenders in

accordance with this ISFT and within the timetable specified.

Head of FibreSpeed Projects

e-Wales, Welsh Assembly Government

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PART C – APPENDICES

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APPENDIX 1

EVALUATION CRITERIA

Bidders are referred to Paragraphs 9, 10, 12 and 14 of the ISFT for further instructions in

relation to the evaluation criteria. All criteria will be evaluated in accordance with the

classification below and the relevant weightings will be applied (see example below).

CRITERIA WEIGHTING

Quality of Financial Proposal(*) 25%

Quality of Operational Plan 25%

Quality of Partnership Proposal 20%

Quality of Technical Proposal 15%

Deliverability of Implementation/Roll-out Schedule 15%

Total 100%

SCORE CLASSIFICATION

0 Unacceptable

1 Poor – below expectations

2 Slightly below expectations

3 Satisfactory – meets expectations

4 Good – above expectations

5 Very Good

(*) In assessing the Quality of the Financial Proposal the following financial elements

will be evaluated comparatively with those from other Bidders:

contribution to capital expenditure required from the Government;

the operational cost support required from the Government;

the level of reverse payment back to the Government;

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the management and apportionment of planning and construction risk;

the cost to the Government of the Reduced Financial Business Plan;

the level of Bidder investment commitment bid including revenue

underpinning;

others as appropriate.

In performing the comparative evaluation of bids, for each element, those bids

indicating a more favourable outcome for the Government, broadly minimising

cost, optimising risk allocation and maximising reverse payments, will obtain a

higher percentage of the available marks for the comparative element of the

evaluation.

In each case where a comparative evaluation is undertaken the outcome of the

comparative valuation will be considered along with the qualitative elements of

that element and a score between 0 and 5 will be assigned to that element of the

bid.

Worked Example:

Area

Score

(out of

5)

Sub-

Weight

Adjusted

Maximum

Score

Relevant

Schedules

Deliverability of Implementation/

Roll-out Schedule

15.0%

Bidders will be evaluated on:

The ability to meet the timing

conditions associated with the

ERDF funding 4 40%

4.8%

[out of

max 6%]

Schedule 4 –

Programme Of

Works

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Area

Score

(out of 5)

Sub-Weight Adjusted

Maximum Score

Relevant Schedules

1. Quality of Financial Proposal 25.0%

Bidders will be evaluated on the attractiveness of their financial case, covering:

1.1 The overall Tender price and

strength of the Tender taking

account of the overall cost of the

project to the Government under a

range of scenarios and analysis of

the underlying components of that

cost including contributions to

capital expenditure, operational

expenditure and receipts through

the reverse payment mechanism to

assist with the comparison of

Tenders.

Along with the qualitative scored

evaluation this will include a

comparative evaluation of the

elements highlighted above in

relation to the cost of Tenders to

30% 7.5%

Schedule 5 – Pricing &

Payment

Schedule 11 – Business

Development Plan

Schedule 12 – Price

Book

Schedule 15 – Reverse

Payment Regime

Schedule 24 –

Performance Bond

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the Government.

1.2 Strength of the investment proposal

to include commitment to proposed

investment package by the Bidder,

the quantum of investment, the

level of risk in that investment, the

required return on that investment

and levels of revenue underpinning

given

Along with the qualitative scored

evaluation this will include a

comparative evaluation of the

elements highlighted above in

relation to the Bidders’ investment

proposals

25% 6.25%

Schedule 5 – Pricing &

Payment

1.3 Risk apportionment – an

assessment of the appropriateness

of the legal and commercial risk

apportionment between the

Government and the Bidder

including arising from:

1.3.1 the commercial and

financial value for the

Government of the

20% 5%

Schedule 5 – Pricing &

Payment

Schedule 11 – Business

Development Plan

Schedule 15 – Reverse

Payment Regime

Schedule 16 –

Government

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Performance Bond;

1.3.2 the Government

Responsibilities stated by

the Bidders;

1.3.3 the clauses of the Project

Agreement dealing with

limitations and exclusions

of liability of the parties;

1.3.4 the robustness of the

Guarantee given in the

Project Agreement;

1.3.5 the extent of the

insurance obligations

offered by the Bidders;

and

1.3.6 any costs imposed on the

Government as a result of

requested WPO not being

proceeded with;

1.3.7 any costs or risks borne

by the Government as a

result of any difficulty or

impossibility of obtaining

requisite Infrastructure

Responsibilities

Schedule 19 –

Insurance Provisions

Schedule 24 –

Performance Bond

Schedule 25 –

Guarantee by the

Guarantor

(and the other relevant

clauses of the Project

Agreement)

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Rights;

1.3.8 the Government’s right to

continue to use the built

network beyond the Term

of the Project Agreement,

including the extent to

which such right is

transferable, royalty free

and perpetual in nature.

1.3.9 the robustness and

appropriateness of the

Reduced Financial

Business Plan; and its

associated termination

provisions and costs

proposed.

Along with the qualitative scored

evaluation this will include a

comparative evaluation of the cost

to the Government of the Reduced

Financial Business Plan proposed by

Bidders

1.4 Affordability including delivery of a

Tender within the affordability

constraints previously

15% 3.75%

Schedule 5 – Pricing &

Payment

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communicated to Bidders Schedule 11 – Business

Development Plan

Schedule 15 – Reverse

Payment Regime

Schedule 24 –

Performance Bond

1.5 Financial consistency including

consistency of the financial

projections with the Tender

documentation and with modelling

best practice 10% 2.5%

Schedule 5 – Pricing &

Payment

Schedule 11 – Business

Development Plan

Schedule 15 – Reverse

Payment Regime

Schedule 24 –

Performance Bond

2. Quality of Operational Plan 25.0%

Bidders will be evaluated on:

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2.1 The products/services being

proposed and how they meet the

Government’s strategic

requirements, covering the

wholesale product/service set,

wholesale pricing, SLAs and other

terms and conditions

20% 5%

Schedule 7 – The

Services/ Service Levels

Schedule 8 – Wholesale

Prices

Schedule 9 – Terms and

Conditions for Services

Appendix 5 (Clause 5.9)

2.2 The reasonableness of all input

assumptions in their business plan

which impact revenues, opex and

capex (for both the Base Case

Business Plan and the Reduced

Financial Business Plan); the

transparency, comprehensiveness

and usefulness to the Government

of the Price Book

20% 5%

Schedule 5- Payment

and Pricing

Schedule 12 – Price

Book

2.3 The evidence provided

demonstrating the Bidder’s

understanding of and experience in

running an “end to end” wholesale

or similar operation over an

extended period of time. This is to

cover all parties within the Bidder’s

delivery team – i.e. partners and

20% 5%

Schedule 11 – Business

Development Plan

Schedule 18 –

Permitted

Subcontractors

Appendix 5 (Clauses 5.7

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key subcontractors and 5.8)

2.4 The proposed approach to sales and

marketing, development of the

product/service set over time, and

the proposed customer support and

retention plan

20% 5% Schedule 11 – Business

Development Plan

2.5 The evidence provided to support

the assumptions in their business

plan which are directly relevant to

the FibreSpeed business case (e.g.

letters of intent or similar from

service providers, benchmarking

data from the Bidder’s experience in

other similar markets)

15% 3.75% Appendix 5 (Clause 5.1)

2.6 The proposed approach to

monitoring overall performance of

FibreSpeed as a business (through

KPI reporting) and how this will be

used to deliver change when

required

5% 1.25% Appendix 5 (Clause 5.2)

3. Quality of Partnership Proposal 20.0%

Bidders will be evaluated on:

3.1 Demonstration of a good 25% 5% Appendix 5 (Clause 5.4)

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understanding of strategic

importance of FibreSpeed and vision

for FibreSpeed in the near, mid and

long term (this can be an updated

version of the Vision statement as

already submitted by Bidders earlier

in the procurement)

3.2 Evidence of the consideration given

to the wider developmental aspects

supported by FibreSpeed

25% 5% Appendix 5 (Clause 5.3)

3.3 The submission of detailed CV’s and

evidence of the track record and

performance for each of the Key

Contract Personnel who will form

part of the management and

operational team of FibreSpeed

25% 5%

Schedule 22 – Contact

Details

Appendix 5 (Clause 5.5)

3.4 The proposal for establishing the

expected delivery structure,

including the relative participation

of the members of the delivery

vehicle; and the proposal for the

corporate governance structure

pursuant to the Project Agreement

(Project & Programme

Management; Project Board) and

how it sees the Project Board

15% 3% Appendix 5 (Clauses 5.6

and 5.10)

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working with the Government’s own

governance arrangements

3.5 The Bidders requirements of the

Government (Tenders that require

less from the Government will be

scored more favourably)

10% 2%

Schedule 16 –

Government

Requirements

4. Quality of Technical Proposal 15.0%

Bidders will be evaluated on:

4.1 Overall suitability of approach to the

design and build of the network

covering all passive and active

components required for full service

delivery, including local access,

backbone and interconnection

networks

25% 3.75%

Schedule 2 – Network

Design & Specification

Schedule 3 – Network &

Customer Management

Systems

4.2 Overall approach to the

management, operations and

maintenance of the network

covering all passive and active

components required for full service

delivery, including local access,

backbone and interconnection

networks

25% 3.75%

Schedule 2 – Network

Design & Specification

Schedule 3 – Network &

Customer Management

Systems

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4.3 Ability of the network to delivery

the minimum product set and be

flexible and scaleable to support the

creation and delivery of new

products in the future

25% 3.75%

Schedule 2 – Network

Design & Specification

Schedule 3 – Network & Customer Management

Systems

4.4 Robustness and appropriateness of

the Acceptance Testing process to

be used to demonstrate when Build

and Service Availability Milestones

have been successfully achieved in

accordance with the proposed

Network Design & Specification

10% 1.5% Schedule 6 –

Acceptance

4.5 Design and operational

considerations given to the future

incorporation of additional strategic

sites into the FibreSpeed network

(through the WPO mechanism)

10% 1.5%

Schedule 2 – Network

Design & Specification

Schedule 3 – Network &

Customer Management

Systems

4.6 Innovations that add value to the

FibreSpeed network

5% 0.75%

Schedule 2 – Network

Design & Specification

Schedule 3 – Network &

Customer Management

Systems

5. Deliverability of 15.0%

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Implementation/ Roll-out

Schedule

Bidders will be evaluated on:

5.1 The ability to meet the timing

conditions associated with the ERDF

funding

40% 6% Schedule 4 –

Programme Of Works

5.2 The demonstration of a detailed

approach to planning and execution

for all aspects of the FibreSpeed

implementation, including an

assessment of the reasonableness

of the roll-out schedule, and risk

mitigation including evidence of any

preparatory works undertaken to

mitigate such risks

40% 6% Schedule 4 –

Programme Of Works

5.3 The date of first service availability 20% 3%

Schedule 4 –

Programme of Works

TOTAL 100

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APPENDIX 2

FORM OF TENDER

We have examined the ISFT and other documents made available to us and having

satisfied ourselves as to all other matters relevant thereto, we confirm our Tender to

enter into the Project Agreement with the Government.

We enclose our Tender, and confirm that this Tender comprises all of the documents

required to be submitted in accordance with the matters set out in the ISFT.

We confirm that there has been no change of identity, control, financial standing or other

factor affecting our consortium (if any), any Relevant Organisations and supply chain

partners since we returned our PQQ response. In the event the Government awards the

Project Agreement to a consortium its members will become jointly and severally liable

for the full and proper performance of the obligations of the delivery vehicle used to carry

out their obligations under the Project Agreement, whether directly or through the

relevant guarantee provisions in the Project Agreement.

We confirm that we restate and are still able to satisfy the terms set out in “Form 1 –

Statement of Good Standing” and “Form 2 – Declaration” submitted as part of the PQQ

and that we have complied with and will continue to comply with Paragraphs 29

(Collusion) and 30 (Canvassing) to the ISFT.

We confirm that, subject to the following paragraph, all negotiations remain “Subject to

Contract” and that the Government’s selection of us as Preferred Bidder will not

constitute a binding agreement or contract between us until a formal written agreement

or agreements have been executed. We agree that the formal agreement shall comprise

the finalisation and completion of the Project Agreement in the form enclosed with the

ISFT, subject to any amendments proposed in accordance with the mechanism in

Appendix 4 and accepted by the Government and amendments occasioned any

clarifications, together with the completion of other requisite documentation. In the event

of our selection as Preferred Bidder, we agree to complete all necessary steps and

execute all documentation that is agreed following submission of our offer.

We confirm that we agree with the Government in legally binding terms to comply with

the provisions relating to confidentiality set out in Paragraph 17 to the ISFT.

We confirm that our Tender is compliant with the requirements of the Decision Letter

referred to in Paragraph 12 of the ISFT.

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We confirm that our Tender is compliant with the regulatory regime set out in the

Communications Act 2003, including in particular the “General Conditions” and that we

hold all necessary licences and consents.

We certify that the information supplied by us to date to the Government is accurate to

the best of our knowledge and that we accept the conditions and undertakings requested

in the ISFT. We confirm that if at any time there are material changes to any of the

information provided we will inform the Government as soon as practicable. We

understand that false information or failing to inform the Government of any material

change could result in our exclusion from tendering for the Project.

We also understand that it is a criminal offence, punishable by imprisonment, to give or

offer any gift or consideration whatsoever as an inducement or reward to any servant of

a public body.

We also understand that in the event of the Government entering into a contract with us

that our responses to this ISFT will be binding upon us and any misrepresentation may

lead to termination of the contract.

We understand that the Government is not obliged to accept any proposal submitted, or

to enter into a contract with any contractor and that we have no claim on the

Government for any costs, expenditure, work or effort incurred in relation to our Tender

in proceeding with or participating in this procurement, including if the procurement

process is terminated or amended by the Government.

We confirm that we have read thoroughly all documentation issued by or on behalf of the

Government in relation to the Project, and that no representation or warranty, express or

implied, is or will be made or given in relation to the accuracy or the completeness of any

of the information contained in such documentation or otherwise provided by or on behalf

of the Government (in writing or otherwise) to us or our advisers and no responsibility or

liability is or will be accepted by the Government or by any members, officers,

employees, agents or professional advisers in relation to such information. We confirm

that we have not relied upon any information provided by or on behalf of the

Government (in writing or otherwise).

We confirm that we shall not undertake (or permit to be undertaken) at any time,

whether prior to or after any award of the contract, any publicity activity with any section

of the media (including, but without limitation, radio, television, newspapers, trade and

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specialist press, the internet and email accessible to the public at large and the

representatives of such media) in relation to the Project other than with the prior written

agreement of the Government.

We confirm that we will at all times treat any information relating to the Project (the

“Information”) as confidential and that we shall not disclose, copy, reproduce, distribute

or pass the Information to any other person at any time or allow any of these things to

happen save where this is done for the sole purpose of allowing the Tender to be

completed and the person receiving the information undertakes in writing to keep the

Information confidential on the same terms as set out in this letter or we obtain the prior

written consent of the Government to such disclosure, distribution or passing of the

Information. We confirm that we shall not use the Information for any purpose other

than the purposes of completing (or deciding whether to complete) the ISFT and other

Project documentation.

We understand that the copyright in this ISFT and all other Project Agreement

documents is vested in the Government and may not be reproduced, copied or stored in

any medium without the prior written consent of the Government. This ISFT and all other

Project documents are and shall remain the property of the Government and must be

returned on demand together with any copies, reproductions or versions howsoever

stored.

We understand that the Government may disclose detailed information relating to the

ISFT to the Government’s members, directors, officers, employees, agents or advisors

and that the Government may make these and other Project documents available for

private inspection by the Government’s members, directors, officers, auditors,

employees, agents or advisors.

We confirm that in submitting our Tender, we have satisfied ourselves as to the accuracy

and completeness of the information we require in order to do so (including that

contained in the ISFT).

Signed ........................................................... Date ...............................

Name ........................................................... Position ...........................

Witnessed ........................................................... Date ...............................

Name ........................................................... Position ...........................

Signed ........................................................... Date ...............................

Name ........................................................... Position ...........................

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Witnessed ........................................................... Date ...............................

Name ........................................................... Position ...........................

For and on behalf of:

..................................................................................................................………..

Note to Bidders:

The undertaking should be signed:

(a) where the Bidder is an individual, by that individual;

(b) where the Bidder is a partnership, by two duly authorised partners; and

© in the case of a company, by two directors or a director and the secretary of the

company

(d) in the case of a consortium each consortium member must sign in accordance

with the relevant instruction above. The signature clause should be repeated as

necessary.

All signatures must be witnessed. The submission should be signed by those persons who

will be signing the Project Agreement if the Tender is successful. Please indicate if this is

not the case and provide the names and position of the signatories to the Project

Agreement.

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APPENDIX 3

PROJECT AGREEMENT

PLEASE SEE SEPARATE DOCUMENT (APPENDIX 3 – PROJECT AGREEMENT)

SUMMARY OF SCHEDULES TO THE PROJECT AGREEMENT AND RESPONSIBILITY FOR

COMPLETION

Schedule Responsibility

1 Key Requirements Compliancy Matrix

Government Bidders

2 Network Design and Specification Bidders

3 Network and Customer Management Systems

Bidders

4 Programme of Works Bidders

5 Pricing and Payment Schedule for Initial Build Obligation

Bidders

6 Acceptance Bidders

7 The Services; Service Levels Bidders

8 Wholesale Prices Bidders

9 Terms and Conditions for Services Bidders

10 Network RTU Government

11 Business Development Plan Bidders

12 Price Book Bidders

13 Pro-forma Design and Specification

Warranty Letter

Government

14 Conditions of Funding Government

15 Reverse Payment Regime Bidders

16 Government Responsibilities Bidders

17 Deed of Grant Government

18 Permitted Subcontractors Bidders

19 Insurance Provisions Bidders

20 Change Control Government

21 Reports Government

22 Contact Details Government/Bidders

23 Reserved Resources Government

24 Performance Bond Bidders

25 Guarantee by the Guarantor Government

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APPENDIX 4 PROJECT AGREEMENT VARIATIONS

BIDDERS ARE REMINDED THAT THEY MAY ONLY PROPOSE VARIATIONS TO THE PROJECT AGREEMENT WHICH ARE IN THE AUTHORITY’S FAVOUR.

We confirm that we do not wish to propose any variations to the Project Agreement (please tick) We wish to propose the following variations to the Project Agreement (please tick)

Clause no. Proposed Amendment Rationale

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APPENDIX 5

ADDITIONAL INFORMATION

The Government intends to evaluate any Supporting Information from the list below submitted by Bidders in accordance with Paragraph 9.7 and Appendix 1 to this ISFT. Save as relevant to the Project Agreement in relation to points 5.2, 5.5, 5.6, 5.9 and 5.10 below, any Supporting Information submitted by Bidders will be submitted on a non binding basis and not form part of the Project Agreement however, Bidders are reminded of their continuing obligations under the Declaration issued with the Pre-Qualification Questionnaire to supply information which is accurate and the Government’s discretion to disqualify any Bidder which provides false information. The Government reserves the right at its entire discretion to reject and not evaluate any information or part of any information submitted which purports to be acceptable Supporting Information from the list below but which the Government considers does not comprise the requisite character of the relevant document.

5.1 Evidence to directly support the FibreSpeed business case financial plan i.e. any letters

of intent or confirmed orders from service providers or other information which directly

supports the revenue projections of the Bidders business case;

5.2 Proposals should be provided which clearly detail how the Bidder intends to undertake

overall monitoring of FibreSpeed’s financial and operational performance over the life of

the contract using the KPI and reporting mechanism;

5.3 Evidence to support wider developmental aspects supported by FibreSpeed which are

aligned to the Government’s economic and strategic objectives for the project and

Wales as a whole;

5.4 Updated Vision statement;

5.5 Detailed CVs and track records for Key Contract Personnel;

5.6 Proposal for the Corporate Governance Structure of FibreSpeed (Project Board) and

demonstrate how the Bidder intends to interface with the Government’s wider

governance requirements;

5.7 Further details of the Bidders current position in relation to contracting arrangements

with subcontractors listed in Schedule 18 e.g. framework in place for call down of

works/goods/services, heads of terms signed etc;

5.8 A clear statement of the roles and responsibilities of all partners and sub contractors

evidencing the bidders ability to deliver the project for the Government on an “end to

end” basis through its full life-cycle i.e. Design & Build, Operations & Maintenance &

Wholesale Sales & Marketing;

5.9 Appendix 6 details the Government’s proposed position in respect of Clause 13 of the

Project Agreement – Variation and Benchmarking of Wholesale Prices. Bidders are

requested as part of their response to comment on the acceptability of the

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Government’s proposal and outline any further changes that will improve the position

for the benefit of the Government and the Project as a whole;

5.10 Where relevant, details of the proposed delivery structure including nature of the

intended delivery vehicle, proposed shareholders, directors and proposed guarantor(s).

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APPENDIX 6

VARIATION AND BENCHMARKING OF WHOLESALE PRICES

Variation of wholesale prices

FibreSpeed’s wholesale prices can be varied in two ways:

to enable prices to meet the Government’s pricing objectives for the Project; and

through the introduction of time-limited promotions – e.g. to promote take-up in the initial

period following commercial launch, or to stimulate take-up of a new product or service

Non-promotional price changes will be guided by price benchmarking (see below) and agreed by the FibreSpeed Project Board. Promotional prices will also be agreed by the Government through its participation in the Project Board.

Benchmarking of wholesale prices

Wholesale price benchmarking will be undertaken to determine whether FibreSpeed’s prices are similar to those in the benchmark locations (London and the South East of England), and to guide any required price changes.

The benchmarking will cover the minimum product set offered by FibreSpeed. It is anticipated that the benchmarking methodology will consider a range of comparable products from a number of operators in the benchmark locations. It is also anticipated that a ‘basket’ approach will be adopted where possible, i.e. where products exhibit similar characteristics and cost components. In this case, the price benchmark

will establish how the price of FibreSpeed’s basket of products should change rather than each individual price within the basket. There may be several baskets, and these may change over time in response to market developments. Promotions will not be included in the benchmarking but may act as a guide to inform where promotional prices should be set. The benchmarking may consider individual price components, or a combined ‘effective’ price, e.g. relating to total cost of ownership over a pre-determined time period, or equivalent annual cost. Due consideration will be given to certain cost components (e.g. distance dependency) to ensure that the benchmarking is meaningful. It is anticipated that price changes will only be required when the differences between FibreSpeed’s pricing and benchmarks exceeds a specified tolerance of plus or minus [10%]. The period of benchmarking will be as follows:

every 3 months in the first year following the launch of commercial services on the FibreSpeed

network

every 6 months in the second year

annually thereafter.

It is anticipated that an independent expert will undertake the price benchmarking activity who

will make recommendations to the FibreSpeed Project Board for any price changes. The Government acknowledges that prices in the City of London alone may not be representative of prices in other major UK metropolitan areas and this will be taken into account in the benchmarking.

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The Government also acknowledges that there will be a trade-off between the benefits of lower prices (potentially higher take-up) and higher prices (potentially higher revenues and hence improved business case). It will be for the Project Board to determine how this trade-off is best managed.

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ANNEX 3

CONSIDERATION OF EIR EXCEPTIONS

Regulation 12(4)(b) 1 of the Environmental Information Regulations does not oblige a public authority to release information where the request is ‘manifestly unreasonable’. The Regulation states: 12(4) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that – (b) the request for information is manifestly unreasonable This means that Reg 12(4)(b) can apply if the cost or burden of dealing with a request is too great, as confirmed in the Upper Tribunal case of Craven v The Information Commissioner and the Department of Energy and Climate Change [2012] UKUT442 (AAC): “Taking the position under the EIR first, it must be right that a public authority is entitled to refuse a single extremely burdensome request under regulation 12(4)(b) as “manifestly unreasonable”, purely on the basis that the cost of compliance would be too great (assuming, of course, it is also satisfied that the public interest test favours maintaining the exception). The absence of any provision in the EIR equivalent to section 12 of FOIA makes such a conclusion inescapable.” As explained in my letter to you of 12 July, in response to your request reference ATISN 12439, the Welsh Government does not hold in one place a database listing all amendments made to the original and subsequent contracts, meaning that I would need to review 1200 pages of information to highlight any amendments made and then give consideration as to whether or not that information can be released into the public domain. There are a number of amendments since 2007 I would need to identify and consider. Reviewing the considerable amount of detailed and complex information to determine what amendments have been made and whether or not it can then be placed into the public domain will involve a significant cost and unreasonable diversion of resources from the Division’s other work. The cost of dealing with your request is based on a standard rate of £25.00 per working hour, as set out in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Based on a Freedom of Information request for the 2007 contract earlier in the year, I have estimated it would take me approximately 40 hours of my time to go through each page, clause by clause, to determine what amendments have been made since the original agreement and undertaking including addition, removal or change of wording and then determine whether the information can be released into the public domain. Additional time would need to be taken to consult with and consider the views of the affected third party on those parts of the contracts. I estimate that liaising with third parties, compiling the information and checking it prior to release would take me a further 15 to 20 hours. Not only would this work take me away from my core work, it would also mean diverting other members of staff away from their current duties in order for me to undertake this task.

1 https://ico.org.uk/media/for-organisations/documents/1615/manifestly-unreasonable-requests.pdf

Page 55: Our ref ATISN 12453 - Welsh GovernmentOur ref ATISN 12453 Dear , Request for Information – ATISN 12453 I wrote to you on 12 July regarding your request for information on the FibreSpeed

I am therefore refusing your request under Reg12(4)(b) of the EIRs, manifestly unreasonable. In doing so, I have given consideration to the public interest in disclosing the information. The Welsh Government recognises the general public interest in openness and transparency and that releasing the information would help the public gain a better understanding of the requirements placed upon FibreSpeed Ltd. to deliver fibre network capacity to support the connectivity needs of Welsh businesses and the wider public. The Welsh Government also recognises the public has an interest in how their money is to be, or has been, used to ensure Government gets the best value from the public purse. However, the Welsh Government considers the balance of the public interest lies in favour of refusing your request. This is because it is believed your request would place a substantial and unreasonable burden on Welsh Government resources which are already stretched and on balance, it is considered the public interest would be better served deploying our resources in undertaking core work. As part of these considerations we have applied the statutory presumption in favour of disclosure under Reg12(2) of the Regulations but our view remains that the significant burden that this request would impose outweighs the public interest in releasing this information. FibreSpeed helps to ensure a competitive environment for high speed and high capacity fibre network services in the region. Any harm to FibreSpeed would be likely to prejudice this and lead to higher prices for connectivity for businesses, potentially harming their profitability. The Welsh Government is of the view that the amount of information already in the public domain satisfies the public interest in this regard, such as its response to ATISN 11914. Whilst highlighting amendments made in the very complex and detailed information contained in the contracts may be of interest to competitors of FibreSpeed Ltd., I do not believe there is any wider public interest in the Welsh Government expending a significant amount of its stretched resources in order to place such complex and detailed information into the public domain. The public will be assured that the Welsh Government monitors the performance of FibreSpeed Ltd.