Dated 2011

CONTRACT FOR THE PROVISION OF SERVICES: THE IMPACT OF MIGRATION ON TRANSPORT AND CONGESTION (SRG.10.039.2)

SECRETARY OF STATE FOR THE HOME DEPARTMENT

-and-

RAND EUROPE

AGREEMENT

Home Office

2 Marsham Street

London

SW1P 4DF

Index to AGREEMENT

CONTRACT FOR THE PROVISION OF: THE IMPACT OF MIGRATION ON TRANSPORT AND CONGESTION (SRG.10.039.2)

This Contract is made this 10 day of May 2011.

BETWEEN The Secretary of State for the Home Department, acting though the Science and Research Group (the “Authority") with offices at 2 Marsham Street, London, SW1P 4DF

AND RAND EUROPE of Westbrook Centre, Milton Road, Cambridge, CB4 1YG (the “Service Provider")

together the “Parties”

ENTIRETY OF AGREEMENT
This Contract, including the standard terms and conditions and the following attached Schedules: Schedule 1 – the Project Schedule 2 – the Project Plan Schedule 3 - Price and Payment Terms Schedule 4 - Data Security Guidance Constitutes the entire agreement between the Parties.
EXECUTION
The Parties hereby execute this Contract as follows:- for and on behalf of the Service Provider:- Signed
Name Official Position Date
for and on behalf of Authority:- Signed Name Official Position Date

STANDARD CONDITIONS OF CONTRACT FOR SOCIAL RESEARCH COMMISSIONED BY THE HOME OFFICE

GENERAL

1.Definitions

1.1.In this Contract:

1.1.1.the “Authority” means the Secretary of State for the Home Department; acting through the Science and Research Group.

1.1.2.“Authority Data” means:

(a) the data, text, drawings, diagrams, images or sounds (together with any database made up of any of these) which are embodied in any electronic, magnetic, optical or tangible media, and which are:

(i) supplied to the Service Provider by or on behalf of the Authority; or

(ii) which the Service Provider is required to generate, process, store or transmit pursuant to this Contract; or

(b) any Personal Data for which the Authority is the Data Controller.

1.1.3.“Authority’s Premises” means any land or buildings owned or occupied by the Authority where the Services are to be performed.

1.1.4.“Authority’s Property” means any property, other than real property, issued or made available to the Service Provider by the Authority in connection with the Contract.

1.1.5.“Background Intellectual Property Rights” means Intellectual Property Rights owned, controlled or furnished by either Party other than Foreground Intellectual Property Rights.

1.1.6.“Commencement Date” means the date given in Condition 3.1 “Term of Contract”

1.1.7.“Commercially Sensitive Information" means the information designated as such by the Service Provider in the Service Provider’s proposal comprising the information of a commercially sensitive nature relating to the Service Provider, its Intellectual Property Rights or its business or which the Service Provider has indicated to the Authority that, if disclosed by the Authority, would cause the Service Provider significant commercial disadvantage or material financial loss;

1.1.8.“Condition” means a condition or sub-condition of this Contract.

1.1.9.“Confidential Information” means any and all information designated at confidential by either Party together with all information relating the business, trade-secrets, know-how, personnel, customers, suppliers and policies of either Party or other information which a reasonable person would regard as confidential or sensitive information.

1.1.10.the “Contract” means the agreement concluded between the Authority and the Service Provider, including these Conditions and all Schedules attached thereto;

1.1.11.the “Contract Price” means the price, exclusive of Value Added Tax, payable to the Service Provider by the Authority under the Contract for the full and proper delivery of the Project as set out in Schedule Three;

1.1.12.“Crown” refers to Her Majesty’s Government and includes (but is not limited to) any government department or agency and any Secretary of State.

1.1.13."Data Controller" shall have the same meaning as set out in the Data Protection Act 1998.

1.1.14."Data Processor" shall have the same meaning as set out in the Data Protection Act 1998.

1.1.15."Data Protection Legislation" means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

1.1.16."Data Subject" shall have the same meaning as set out in the Data Protection Act 1998.

1.1.17.“Day” means a period of 24 hours ending at 12 midnight.

1.1.18.“Default” means any breach of a legal obligation owed by one Party to the other including (but not limited to) any breach of this Contract and/or any breach of any common law duty of care by a Party.

1.1.19.“Deliverable” means any of the deliverables which are to be delivered under the Project as identified in Schedule1 Part A and/or Schedule Two – Project Plan.

1.1.20."Environmental Information Regulations" means the Environmental Information Regulations 2004 together with any guidance and/or codes of practice issues by the Information Commissioner or relevant Government Department in relation to such regulations.

1.1.21.“Equipment” means all plant, materials, consumables and goods, other than Authority’s Property, to be used by the Service Provider in the performance of the Services.

1.1.22."Escalation Process" means the initial stages of the process for dealing with Disputes without the intervention of third parties as set out in Condition 54.1.

1.1.23.“Expiry Date” means the date given in Condition 3.1 “Term of Contract”.

1.1.24.“Final Report” means the final report on the Project which will be produced in accordance with Conditions 29 and 31 and the provisions of Schedule One (the Project)

1.1.25.“FOIA” means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government Department in relation to such legislation.

1.1.26.“Foreground Intellectual Property Rights” means Intellectual Property Rights generated by a Party during the provision of the Project or prepared for use or intended use in relation to the performance of the Contract.

1.1.27.“Index of Conditions” means the index to this Contract in which the headings of the Conditions are listed.

1.1.28.“Information” means all information including oral, electronic and visual information and written information in any medium.

1.1.29.“Intellectual Property Rights” means patents, inventions, trade marks, service marks, logos, design rights (whether registrable or not), applications for any of the above rights, copyright, database rights, domain, trade or business names, moral rights and any other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom) and the right to sue for passing off.

1.1.30.“Key Staff” means the persons whose names are set out in Part B of Schedule One (the Project).

1.1.31."Know-How" means all ideas, concepts, schemes, information, knowledge, techniques, methodology, and anything else in the nature of know how relating to the delivery of the Project and the Services but excluding know how already in the Service Provider’s or the Authority’s possession before this Contract.

1.1.32.“Milestone” means a milestone of the Project, as set out in the Project Plan.

1.1.33.“Month” shall mean a calendar month.

1.1.34.“Official Secrets Acts 1911-1989” has the meaning given to it by section 16(2) of the Official Secrets Act 1989.

1.1.35.“Parties” means both the Authority and the Service Provider and “Party” shall be construed accordingly.

1.1.36.the “Project” means the services to be performed by the Service Provider as specified in Schedule One (the Project);

1.1.37.“Project Plan” means the plan for delivery of the Project as set out in Schedule Two (the Project Plan).

1.1.38.“Premises” means the land or buildings where the Services are performed.

1.1.39.“Prevention of Corruption Acts 1889 to 1916” has the meaning given to it in by section 4 of the Prevention of Corruption Act 1916.

1.1.40.“Process" has the meaning given to it under the Data Protection Legislation but, for the purposes of these Conditions, it shall include both manual and automatic processing.

1.1.41.“Regulatory Bodies” means those government departments and regulatory, statutory and other entities, committees and bodies which, whether under statute, rules, regulations, codes of practice or otherwise, are entitled to regulate, investigate, or influence the matters dealt with in this Contract or any other affairs of the Authority and "Regulatory Body" shall be construed accordingly.

1.1.42.“Representative of the Authority” means the person duly authorised by the Authority to act for the purposes of the provision of the Services;

1.1.43.“Representative of the Service Provider” means the individual authorised to act behalf of the Service Provider for the purposes of this Contract whose details are given in Condition 15.

1.1.44."Request for Information" means a request for information or an apparent request under the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.

1.1.45.“Security Clearance Procedures” means the checks and enquiries undertaken by the Authority to see whether and on what conditions a person may be given access to its Premises.

1.1.46.“Security Policy” means the Security Policy Framework published by the Cabinet Office.

1.1.47.“Service Provider” means the person, partnership or company which by the Contract undertakes to perform the Project and, where the Service Provider is an individual or a partnership, the expression shall include the personal representatives of that individual or of the partners, and the expression shall also include any person to whom the benefit of the Contract may be assigned by the Service Provider with the consent of the Authority

1.1.48."Service Provider Equipment" means the equipment supplied by the Service Provider or its Sub-contractors (but not hired, leased or loaned from the Authority) for the provision of the Services.

1.1.49.“Service Provider’s Proposal means” the proposal by the Service Provider for the delivery of the Project, as set out in Part B of Schedule One (the Project).

1.1.50.“Services” means the services provided by the Service Provider in undertaking the Project.

1.1.51.“Staff” means all persons used by the Service Provider in the provision of the Services whether as its direct employees or otherwise. Staff includes any person employed or engaged by a Sub-Contractor to the Service Provider.

1.1.52. “Staff Vetting Procedures” means the Authority's procedures for the vetting of Staff whose role will involve the handling of information of a sensitive or confidential nature or the handling of which is subject to any relevant security measures;

1.1.53.“Sub-Contractor” means any supplier selected, appointed and managed by the Service Provider, subject to the Authority’s consent pursuant to the provisions of Condition 47. The terms “Sub-Contract” and “Sub-Contracting” shall be similarly construed.

1.1.54.“Working Day” means any day other than: (i) a Saturday, a Sunday, Christmas Day, Good Friday; or (ii) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

1.1.55.“Year” shall mean 12 consecutive Months.

2.Interpretation

2.1.The headings in these Conditions and the Index of Conditions are for ease of reference only and shall not affect the interpretation or construction of the Conditions.

2.2.Where the context permits, the use of the singular shall be construed to include the plural, and the use of plural the singular, and the use of any gender shall include all genders.

2.3.References to an Act of Parliament shall be deemed to include any subordinate legislation of any sort made from time to time under that Act.

2.4.References to any statute, enactment, order, regulation, code or similar instrument shall be construed as a reference to the statute, enactment, order, regulation, code or instrument as subsequently amended or re-enacted.

3.TERM OF CONTRACT

3.1.This Contract shall commence on the Commencement Date as shown above, and shall continue in force until the Expiry Date 7^th October 2011 unless extended or terminated in accordance with these Conditions.

3.2.Subject to Condition 3.3, the Contract may be extended by the Authority serving notice on the Service Provider offering such an extension no later than 30 days before the Contract would otherwise expire and the Service Provider serving a counter notice on the Authority accepting such extension.

3.3.The total duration of the Contract may not exceed 6 months.

3.4.Any period of extension shall be subject to these terms and conditions.

CONDUCT OF THE PROJECT

4.PERFORMANCE OF THE SERVICES

4.1.The Project shall be performed as per the provisions of Schedule One (the Project).

4.2.The Service Provider shall perform the Services with reasonable care and diligence including but not limited to industry best practice and in accordance with its own established internal procedures.

4.3.The Service Provider warrants and represents that it has full capacity and authority and all necessary consents (including, where relevant, the consent of its parent company) to enter into and perform this Contract and that this contract has been executed by a duly authorised representative of the Service Provider.

5.ETHICS

5.1.The Service Provider shall conduct the Project in accordance with the standards and codes of practice accepted by the social research profession.

6.Sub-standard Services

6.1.If any part of the Project is found to be defective or in any way differing from the requirements of this Contract, the Service Provider shall at its own expense re-schedule and perform the Project correctly within such reasonable time as may be specified by the Authority.

6.2.The Service Provider shall comply with the Authority’s notice given under Condition 6.1 at its sole expense and within 14 Days of receiving the notice or such longer period as the Authority’s Representative may specify.

6.3.In the event of the Service Provider failing to comply with the provisions of this Condition 6, the Authority shall (without prejudice to any other remedy available) be entitled to:

6.3.1.deduct from any account rendered by the Service Provider in respect of unsatisfactory Services such sum as the Authority considers appropriate;

6.3.2.have such Services carried out satisfactorily by other persons; and

6.3.3.all recoverable costs.

7.Timescales

7.1.The Service Provider shall provide the Services from the Commencement Date. The Services shall be carried out in accordance with any timescales set out in Schedule One (the Project) and Schedule Two (the Project Plan).

7.2.In the event that the Service Provider fails to fulfil an obligation by the relevant date as specified in Schedule One (the Project) owing to its Default, the Service Provider shall, at the request of the Authority and without prejudice to the Authority’s other rights and remedies, arrange all such additional resources as are necessary to fulfil this obligation as early as possible thereafter at no additional cost to the Authority.

7.3.In the event that the Service Provider fails to fulfil an obligation by the relevant date as specified in Schedule One (the Project) owing to the Default of the Authority, then:

7.3.1.any timescales in Schedules One and Two shall be extended by a period equal to the period of delay for which the Authority is responsible; and

7.3.2.both Parties shall work together to mitigate the effect of the delay on the performance of the Services.

7.4.Timely provision of the Services is of the essence.

8.ISSUES OF GOVERNMENT PROPERTY

8.1.Any Government property issued in connection with the Contract shall remain the property of the Authority and shall be used in the execution of the Contract and for no other purpose whatsoever without the prior approval in writing of the Authority.

8.2.All such property shall be deemed to be in good condition when received by or on behalf of the Service Provider unless the Service Provider shall notify the Authority to the contrary within fourteen days.

8.3.The Service Provider undertakes the due return of all such property so issued and will be responsible for all loss thereof (fair wear and tear excepted) from whatever cause happening to the full amount of such loss or damage.

9.Service Provider’s Equipment

9.1.The Service Provider shall provide all the Equipment necessary for the performance of the Services.

9.2.All Equipment shall be at the risk of the Service Provider even when it is on the Authority’s Premises. Where Equipment is brought onto the Authority’s Premises the Service Provider shall comply with any security requirements and/or access restrictions applied by the Authority in relation to such Equipment.

9.3.The Service Provider shall be responsible for the safety of the Equipment it provides and shall maintain all items of Equipment in good and serviceable condition and carry out regular safety checks.

9.4.The Service Provider shall be responsible for all necessary repairs to and replacement and insurance costs of the Equipment.

9.5.The Service Provider shall ensure that the Equipment is stored safely and tidily when not in use.

9.6.The Service Provider shall provide for the haulage or carriage of Equipment to the Premises and for its removal when no longer required. The Service Provider shall agree delivery times with the Authority’s Representative in advance unless the Authority’s Representative agrees otherwise.

9.7.Unless the Authority’s Representative agrees otherwise, the Service Provider shall remove all Equipment on the expiry or termination of the Contract.

10.Authority’s Premises

10.1.Subject to Condition 12 (Security on the Authority’s Premises), Where the Services are performed on the Authority’s Premises the Service Provider shall have the use of the Authority’s Premises without charge as a licensee and shall vacate those premises on expiry or termination of the Contract.

10.2.The Service Provider shall use the Authority’s Premises solely for the purposes of performing the Contract.

10.3.The Service Provider shall leave the Authority’s Premises clean and tidy on the expiry or termination of this Contract.

SECURITY MATters

11.Security Clearance and Access to the Authority’s Premises

11.1.Where Staff are required to have a pass for admission to the Authority’s Premises:

11.1.1.the Service Provider shall provide the Authority with such information about the persons requiring access to the Authority’s Premises as the Authority requests in order to enable the Authority to carry out its Security Clearance Procedures;

11.1.2.the Representative of the Authority shall, subject to satisfactory completion of relevant Security Clearance Procedures, arrange for any requisite security passes to be issued at the Authority’s expense.

11.2.If so directed by the Authority, the Service Provider shall provide:

11.2.1.a list showing the name and address of every person whom the Service Provider wishes to be admitted to the Authority’s Premises;

11.2.2.satisfactory evidence as to the identity of each such person; and

11.2.3.any supporting documentation reasonably required by the Authority including birth certificates, evidence of qualifications and references.

11.3.Security passes issued by the Authority shall remain the property of the Authority at all times and can be withdrawn by the Authority at any time.

11.4.Staff who cannot produce a proper security pass when required to do so by any appropriate employee or agent of the Authority, or who contravene any conditions on the basis of which a security pass was issued, may be refused admission to the Authority’s Premises or required to leave those Premises if already there.

11.5.The Service Provider shall immediately return any security pass if at any time the Representative of the Authority requires it or if the person to whom it was issued ceases to be involved in the performance of the Contract. The Service Provider shall immediately return all security passes on the termination of the Contract.

11.6.The Authority reserves the right to refuse to admit to the Authority’s Premises any Staff whose admission would be, in the opinion of the Authority, undesirable. The opinion of the Authority on whether admission is desirable shall be final and binding and the Authority shall be under no obligation to give reasons for its decision. If the Authority gives the Service Provider notice that a particular member of Staff is not to be admitted to the Authority’s Premises, the Service Provider shall ensure that that person shall not seek admission or be further deployed in the provision of the Services at the Authority’s Premises.

11.7.If the Service Provider fails to comply with Condition 11.2 within a reasonable time and if the Authority (whose decision shall be final and binding) shall decide that such failure is prejudicial to security at the Authority’s Premises, the Authority shall be entitled to terminate this Contract provided that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority.

12.Security

Security of the Authority’s Premises

12.1.While on the Authority’s Premises, the Service Provider shall be responsible for ensuring that all Staff comply with the provisions of any enactment relating to security and with all rules, regulations and other requirements that may be notified by the Authority to the Service Provider from time to time as being applicable to persons visiting or working at the Authority’s Premises.

12.2.The Service Provider shall ensure that the rules, regulations and requirements applying to persons visiting or working at the Authority’s Premises are brought to the attention of all Staff and shall take all necessary steps to ensure that they are complied with.

12.3.The Authority shall have the right to carry out a search of Staff or of vehicles used by the Service Provider at the Authority’s Premises.

12.4.The Service Provider shall co-operate fully with any investigation relating to security which is carried out by or on behalf of the Authority and in particular:

12.4.1.shall use its best endeavours to ensure that any member of Staff whom the Authority wishes to interview in connection with such an investigation is available for such interview by the Authority;

12.4.2.shall (subject to any legal restriction on disclosure) provide any documents, records or other material of any sort which is reasonably requested by the Authority for the purpose of its investigation.

Compliance with Security Policy and Plan

12.5.The Service Provider shall comply, and shall procure the compliance of its Staff, with the Security Policy.

12.6.The Authority shall notify the Service Provider of any changes or proposed changes to the Security Policy.

PERSONNEL MAtterS

13.Service Provider’s StafF

13.1.The Service Provider warrants and represents that all Staff assigned to the performance of the Services shall possess and exercise the skill and experience, qualifications and expertise necessary for the proper performance of the Services.

13.2. The Service Provider shall comply with the Staff Vetting Procedures in respect of all Staff employed or engaged in the provision of the Services. The Service Provider confirms that all Service Provider Staff employed or engaged by the Service Provider at the Commencement Date were vetted and recruited on a basis that is equivalent to and no less strict than the Staff Vetting Procedures.

13.3.All Staff shall possess the qualifications, training and competence appropriate to the tasks for which they are employed.

13.4.The Service Provider shall provide at all times the number of Staff required to fulfil its obligations under the Contract.

13.5.Unless otherwise agreed between the Parties, the Service Provider shall make Key Staff available for the entire Contract Period.

13.6.The Service Provider shall take reasonable steps to ensure there are no changes to the Key Staff while this Contract is in force. In the event that any change is made to a member of the Key Staff, the Service Provider shall inform the Authority at once and shall ensure that the replacement is a suitably qualified person who is approved by the Authority.

13.7.The Service Provider shall use reasonable endeavours to avoid changes in staff assigned to the Project. Where a change is unavoidable due to circumstances beyond the control of the Service Provider, a replacement of at least the same standard, acceptable to the Authority, shall be provided.

14.AUTHORITY'S REPRESENTATIVE(S)

14.1.The Authority's Representative(s) for this Contract is/are:

Technical:

Commercial:

14.2.The Authority’s Representative will be responsible for the Contract with power to manage, vary and determine the Contract in accordance with its terms and conditions.

15.SERVICE PROVIDER’S REPRESENTATIVE

15.1.The Service Provider shall within seven days of the date of this Contract notify the Authority of the identity of the Service Provider’s Representative who shall be responsible for managing the Contract and shall have authority to make decisions on behalf of the Service Provider in connection with the performance of its obligations in connection with the Project.

16.SOLICITING FOR EMPLOYMENT OF STAFF

16.1.Each Party agrees not to attempt to solicit nor procure the service or employment of staff employed by the other Party during the term of the Contract and within three months after the performance or termination of the Contract without the prior written permission of the other Party.

MONITORING THE PERFORMANCE OF THE SERVICES

17.monitoring

Monitoring

17.1.The Authority may monitor the performance of the Services by the Service Provider.

17.2.The Service Provider shall co-operate, and shall procure that its Sub-Contractors co-operate, with the Authority in carrying out the monitoring referred to in Condition 17.1 at no additional charge to the Authority.

Management Information Reports

17.3.The Service Provider shall submit management information reports to the Authority’s Representative at the frequency and in the format requested by the Representative of the Authority.

17.4.The Service Provider shall comply with any reasonable request by the Authority’s Representative to supply the Authority with any information about the Services and the progress of the Project that the Authority reasonably requires.

18.INSPECTION

18.1.During the course of the Contract the Authority shall have the power to inspect the Project at any reasonable time; where any part of the Project is being performed on Premises other than the Authority's Premises. Reasonable notice shall be given to the Service Provider. The Service Provider shall give all such facilities as the Authority may reasonably require for such inspection.

19.Meetings

19.1.The Service Provider will keep the Representative of the Authority informed of the progress of the Project by means of monthly progress updates. The Authority reserves the right to call additional meetings to review specific issues.

20.Retention of Documents and Right of Audit

20.1.The Service Provider shall maintain true and correct records including accountancy information in connection with the Project and all transactions.

20.2.The Service Provider shall retain such records for a period of not less than 24 months after the completion of the Project. The Authority or any persons nominated by it may from time to time make an audit of all records of the Contract. Statutory retention periods for financial and other records are not affected nor altered by this Condition.

STATUTORY OBLIGATIONS AND REGULATIONS

21.Health and Safety

21.1.While on the Authority’s Premises, the Service Provider shall comply with any health and safety measures implemented by the Authority in respect of persons working at its Premises.

21.2.The Service Provider shall take all measures necessary to comply with the requirements of the Health and Safety at Work Act 1974 and any other acts, orders, regulations and codes of practice relating to health and safety which apply to Staff and other persons working at the relevant Premises in the performance of the Services.

22.Unlawful Discrimination

22.1.The Service Provider shall not unlawfully discriminate in relation to the performance of the Services within the meaning of the Race Relations Act 1976 and the Race Relations (Amendment) Act 2000, the Sex Discrimination Act 1975 or the Disability Discrimination Act 1995 the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003 and/or any other anti-discrimination legislation from time to time in force. The Service Provider shall take all reasonable steps to secure the observance of these provisions by all Sub-Contractors or agents used in the provision of the Services.

23.Prevention of Corruption

23.1.The Service Provider shall not do (and warrants that in entering this Contract it has not done) any of the following:

23.1.1.offer, give or agree to give any employee or representative of the Authority or the Crown any gift or consideration of any kind as an inducement or reward for doing or refraining from doing (or having done or refrained to do) any act in relation to the obtaining or performance of this Contract or any other Contract with the Crown

23.1.2.enter into this Contract or any other contract with the Crown in connection with which commission has been paid (or agreed to be paid) on the Service Provider’s behalf or with its knowledge unless, before the Contract was signed, particulars of the commission were disclosed in writing to the Authority.

23.2.Where the Service Provider (or a Sub-Contractor or member of the Service Provider’s Staff or anyone acting on its behalf) commits or has committed any act or omission referred to in Condition 23.1 or any offence under the Prevention of Corruption Acts 1889 to 1916 in relation to this or any other contract with the Crown the Authority has the right to:

23.2.1.terminate the Contract and recover from the Service Provider the amount of any loss resulting from the termination;

23.2.2.recover from the Service Provider any other loss sustained in consequence of any breach of this Condition whether or not the Contract has been terminated.

24.Contracts (Rights of Third Parties) Act

24.1.No person who is not a Party to this Contract (including, without limitation, any Sub-Contractor, member of the Service Provider’s Staff or anyone else acting on the Service Provider’s behalf) shall have any right to enforce any term of this Contract which expressly or by implication confers a benefit on him without the prior written agreement of both Parties. Any agreement made under this Condition shall expressly refer to this Condition in its terms.

24.2.This Condition does not apply to the Crown.

25.National Minimum Wage

25.1.The Service Provider shall ensure that, where appropriate, Staff are paid at least the national minimum wage in accordance with the National Minimum Wage Act 1988.

26.Environmental Requirements

26.1.The Service Provider shall, when working on the Authority’s Premises perform the Contract in accordance with the Authority’s environmental policy which is to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

27.Official Secrets Acts

27.1.The Service Provider undertakes to abide by (and ensure that its Staff and Sub-Contractors abide by) the provisions of the Official Secrets Acts 1911 to 1989.

27.2.If the Representative of the Authority requires it, the Service Provider shall ensure that any Staff nominated by the Authority sign a personal undertaking that they will comply with the provisions of the Official Secrets Acts 1911 to 1989.

27.3.In the event that the Service Provider and/or its Staff fail to comply with this Condition, the Authority reserves the right to terminate the Contract by giving notice in writing to the Service Provider.

OUTPUTS OF the PROJECT

28.PRESENTATIONs

28.1.The Authority may require the Service Provider to make formal presentations to (or on behalf of) the Authority following completion of the Project.

29.FORMAT OF DELIVERABLES

29.1.Where reports are specified in the Contract, the Service Provider shall make such reports at the time and in such form as may be specified, or as otherwise agreed between the Parties.

29.2.The Final Report (one unbound paper copy and electronic files on disk) must be submitted to the Representative of the Authority within the time stated in Schedule One (the Project). Unless otherwise agreed the software used for the text elements of the report must be Word for Windows {tabular material should be supplied in Excel}. To be acceptable, the report must:

29.2.1.meet the requirements of Schedule One (the Project);

29.2.2.adhere to the usual professional and scientific standards and

29.2.3.fully address the stated aims and objectives of the Project.

29.3.All reports produced under the Contract for the Authority will conform to the requirements set out in the Home Office RDS Guide to Authors 6^th edition. In particular, each report will follow the same broad format of 1:3:25, unless otherwise specified, as described in this Condition 29:

29.3.1.(1pp) A concise bullet-point headline statement designed for immediate ministerial and policy overview;

29.3.2.(3pp) An executive summary and key findings designed for practioners including a simple methodology. This summary will include input from policy partners and will contain the reasons the research was commissioned, any lessons learnt and proposals for future research and / or implementation.

29.3.3.(25pp) A fuller research report of up to 25 pages similar to a full scientific journal article, aimed at academics and the international community.

29.4.The Authority will provide written comments on the acceptability of the Final Report, as first submitted, within twelve weeks of the receipt of the Final Report and if it is not acceptable, within twelve weeks of a subsequent draft.

29.5.The Authority reserves the right to make alterations in these detailed requirements by making a formal instruction to the Service Provider.

30.PUBLICATION OF RESULTS

30.1.Any proposal by the Service Provider to publish results of the Project shall be subject to the prior written consent of the Authority, such consent not to be unreasonably withheld.

30.2.Permission will normally be granted, without payment of fee, for the publication of an article; the publication of short extracts from a report; the non-commercial (i.e. publication on a cost recovery basis only) of a report or book based on the Project.

30.3.The consent of the Controller of Her Majesty's Stationery Office shall be required where the Service Provider wishes to publish any results of the Project through commercial publishers. Requests for any such consent shall be made by the Service Provider to the Director of the Science and Research Group.

30.4.No materials emanating from the Contract shall be made public or allowed to be made public prior to the Authority's acceptance of the final report, without the written permission of the Authority.

30.5.In publishing any results of the Project, the Service Provider will ensure that:

30.5.1.the Authority has reasonable opportunity to view the publication prior to release;

30.5.2.the Authority's funding and assistance is acknowledged;

30.5.3.every publication acknowledges Crown copyright. Acknowledgement of Crown Copyright shall be in the following forms:

30.5.3.1 Crown Copyright Reserved 20XX (year of first publication) published by permission of the Controller of Her Majesty's Stationery Office

30.5.3.2 On documents to be published for circulation outside the British Commonwealth "British Crown Copyright. Reproduced with the permission of the Controller of Her Majesty's Stationery Office.”

19.5.3.3 on extracts, "source, (i.e. title of original publication). Reproduced with the permission of Her Majesty's Stationery Office”.

30.5.4.every publication carries such disclaimer as the Authority may require.

30.6.In publishing any results of the Project, the Service Provider must:-

30.6.1.supply to the Authority at least one copy free of charge in advance of the publication date;

30.6.2.send at least one copy to the British Library Lending Division, Boston Spa, Wetherby, West Yorkshire LS23 7BG;

30.6.3.send one copy to the British Library Copyright Receipt Office, 2 Sheraton Street, London W1B 4BH.

31.PUBLICATION OF THE FINAL REPORT

31.1.Following acceptance of the Final Report, the Authority may give the right to publish the Final Report to the Service Provider. Such permission shall not preclude the Authority from publishing the Final Report if the Final Report is not published within a reasonable time of the Service Provider receiving permission to do so.

31.2.If the Parties agree that the Authority shall retain the right to publish the Final Report, it will decide whether to do so within three months after acceptance of the Final Report, and inform the Service Provider in writing of its decision.

31.3.If the Authority decides to publish the Final Report due recognition will be given to the Service Provider and to the author. If the Final Report is published in an abridged form, due recognition will be given to the author of the original report unless he has not consented to the abridgement.

31.4.If the Authority decides not to publish the Final Report, it may permit publication by the Service Provider or such person as the Service Provider may designate, subject to these conditions.

31.5.The Authority reserves the right to publish a summary of the Final Report of between four and twenty pages.

PROTECTION OF INFORMATION AND INTELLECTUAL PROPERTY RIGHTS.

32.OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

32.1.Foreground Intellectual Property Rights in:

32.1.1.the results of the Project (including any reports); and

32.1.2.data generated during the Project

32.1.3.any computer programmes developed specifically for the purpose of the Contract

shall belong to the Crown. The Service Provider shall perform all acts and execute such documents as are necessary to perfect this ownership.

32.2.The Service Provider shall not (and shall procure that Service Provider’s Staff shall not) disclose any of these Foreground Intellectual Property Rights to any third party without the Authority’s prior written approval.

32.3.Nothing in this Contract shall affect the Parties’ ownership of Background Intellectual Property Rights.

33.Indemnity for Intellectual Property Rights

33.1.The Service Provider shall procure that the provision of the Services by the Service Provider and/or the performance of the Project by the Authority shall not infringe any Intellectual Property Rights of any third party. Subject to Condition 33.2, the Service Provider shall indemnify the Authority against all claims, proceedings, damages, expenses, legal costs (on a solicitor and client basis) and any other sort of liabilities arising from or incurred by reason of any infringement or alleged infringement of any Intellectual Property Rights.

33.2.Condition 33.1 shall not apply in respect of any infringement or alleged infringement relating to material which the Authority has supplied to the Service Provider or which the Authority has specified for use by the Service Provider.

33.3.The Service Provider shall obtain the Authority’s prior written approval before using any material in relation to the performance of the Contract which is or may be subject to any third party Intellectual Property Rights. Where such approval is given by the Authority, the Service Provider shall procure that the owner of the rights grants the Authority a non-exclusive licence or, if itself a licensee of those rights, shall grant the Authority an authorised sub-licence to use, reproduce, modify, adapt and enhance the material subject to such rights. Such licence shall be perpetual and irrevocable and shall be granted at no cost to the Authority.

33.4.The Service Provider shall promptly notify the Authority if any claim or demand is made or action brought against the Service Provider for infringement or alleged infringement of any Intellectual Property Rights which may affect the Services. The Service Provider shall, at its sole expense, conduct any litigation or negotiations arising for any such claim provided that it shall consult with the Authority on all substantive matters arising during the conduct of such litigation or negotiations and shall, in such conduct, take due account of the interests of the Authority.

33.5.The Authority shall promptly notify the Service Provider if any claim or demand is made or action brought against the Authority to which Condition 33.1 may apply. In the case of any such claim:

33.5.1.the Authority shall not pay or agree to pay any such claim or make any admissions which are prejudicial to the defence of the claim without the prior written consent of the Service Provider; and

33.5.2.the Service Provider shall have the right to take over conduct of the claim and proceedings at its sole expense.

HANDLING OF INFORMATION

34.PUBLICITY CONCERNING THE PROJECT

34.1.The Service Provider shall not make any public communication about the Project, including press releases, radio or TV broadcasts, or public speeches without the prior consent in writing of the Authority upon such terms as may be agreed.

34.2.Nothing in this Condition shall prevent the Service Provider from complying with any legal obligation placed upon it or from making any announcement required by any securities exchange or regulatory authority or government body to which it subscribes including the London Stock Exchange or the Panel on Takeovers and Mergers.

34.3.The Authority undertakes not to make any public communications about the Project without prior consultation with the Service Provider if the Service Provider is mentioned in them by name.

34.4.Each Party agrees in making any communication under this condition to acknowledge the contribution of the other.

35.Confidential Information

35.1.Without prejudice to the application of the Official Secrets Acts 1911 to 1989 to Confidential Information, the Service Provider acknowledges that any Confidential Information obtained from or relating to the Crown, its servants or agents, is the property of the Crown.

35.2.Except to the extent set out in this Condition or where disclosure is expressly permitted elsewhere in this Contract, each Party shall:

35.2.1.treat the other party's Confidential Information as confidential[ and safeguard it accordingly]; and

35.2.2.not disclose the other party's Confidential Information to any other person without the owner's prior written consent.

35.3.Condition 35.2 shall not apply to the extent that:

35.3.1.such disclosure is a requirement of Law placed upon the party making the disclosure, including any requirements for disclosure under the FOIA, Code of Practice on Access to Government Information or the Environmental Information Regulations pursuant to the provisions of regarding Freedom of Information );

35.3.2.such information was in the possession of the party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner;

35.3.3.such information was obtained from a third party without obligation of confidentiality;

35.3.4.such information was already in the public domain at the time of disclosure otherwise than by a breach of this Contract; or

35.3.5.it is independently developed without access to the other party's Confidential Information.

35.4.The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information. The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of the Contract, the Service Provider hereby gives its consent for the Authority to publish the Contract in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted including from time to time agreed changes to the Contract, to the general public.

35.5.The Service Provider shall not, and shall procure that its Staff do not, use any of the Authority's Confidential Information received otherwise than for the purposes of this Contract.

35.6.At the written request of the Authority, the Service Provider shall procure that those members of Staff identified in the Authority's notice signs a confidentiality undertaking prior to commencing any work in accordance with this Contract.

35.7.Nothing in this Contract shall prevent the Authority from disclosing the Service Provider's Confidential Information:

35.7.1.to any Crown Body or any other Contracting Authority. All Crown Bodies or Contracting Authorities receiving such Confidential Information shall be entitled to further disclose the Confidential Information to other Crown Bodies or other Contracting Authorities on the basis that the information is confidential and is not to be disclosed to a third party which is not part of any Crown Body or any Contracting Authority;

35.7.2.to any consultant, Service Provider or other person engaged by the Authority or any person conducting an Office of Government Commerce gateway review;

35.7.3.for the purpose of the examination and certification of the Authority's accounts; or

35.7.4.for any examination pursuant to Section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which the Authority has used its resources.

35.8.The Authority shall use all reasonable endeavours to ensure that any government department, Contracting Authority, employee, third party or Sub-Contractor to whom the Service Provider's Confidential Information is disclosed pursuant to Condition 35.7 is made aware of the Authority's obligations of confidentiality.

35.9.Nothing in this Condition 35 shall prevent either party from using any techniques, ideas or know-how gained during the performance of the Contract in the course of its normal business to the extent that this use does not result in a disclosure of the other party's Confidential Information or an infringement of IPR.

36.Data Protection Act

Authority Data

36.1.The Service Provider shall not delete or remove any proprietary notices contained within or relating to the Authority Data.

36.2.The Service Provider shall not store, copy, disclose, or use the Authority Data except as necessary for the performance by the Service Provider of its obligations under this Contract or as otherwise expressly authorised in writing by the Authority.

36.3.Upon receipt or creation by the Service Provider of any Authority Data and during any collection, processing, storage and transmission by the Service Provider of any Authority Data, the Service Provider shall take all precautions necessary to preserve the integrity of the Authority Data and to prevent any corruption or loss of the Authority Data.

36.4.If at any time the Service Provider suspects or has reason to believe that Authority Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Service Provider shall notify the Authority immediately and inform the Authority of the remedial action the Service Provider proposes to take.

Personal Data

36.5.The Service Provider shall not disclose or allow access to any Personal Data provided by the Authority, or acquired by the Service Provider during the course of tendering or executing its Obligations of the Contract, other than to a person employed or engaged by the Service Provider or a Sub-Contractor or to data subjects to the extent that they are entitled to receive such Personal Data in accordance with the Data Protection Act 1998, without the prior written permission of the Authority.

36.6.Any disclosure or access to Personal Data allowed under this Condition 36 shall be made in confidence and shall extend only so far as necessary for the purposes of the Contract except as otherwise required by the requirements of the Data Protection Act 1998.

36.7.The Service Provider shall obtain the prior written agreement of the Authority to store or process Personal Data at sites outside the United Kingdom.

36.8.The Service Provider agrees that it, its servants and agents and Sub-Contractors or any other person in the control of the Service Provider shall store or process Personal Data in accordance with the Data Protection Act 1998 and any statutory re-enactment or modification thereof.

36.9.The Service Provider shall fully indemnify the Authority against the costs of dealing with any successful civil claims made in respect of information subject to the Data Protection Act 1998, or any statutory re-enactment or modification thereof, which claims would not have arisen but for some act, omission or negligence on the part of the Service Provider, its servants, agents or Sub-Contractors.

36.10.All Personal Data, which is the subject of this Condition 36, shall be retained at all times in the possession and under the control of the Service Provider. All rights in any compilation or database of such Personal Data shall vest in and be the property of the Authority. The Service Provider shall ensure that the Authority at all times has full rights of access to all such Personal Data and may take copies thereof.

36.11.With respect to the parties' rights and obligations under this Contract, the parties agree that the Authority is the Data Controller and that the Service Provider is the Data Processor.

36.12.The Service Provider shall:

36.12.1.Process the Personal Data only in accordance with instructions from the Authority (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Authority to the Service Provider during the Term);

36.12.2.Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by relevant Legislation or any Regulatory Body;

36.12.3.implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful Processing, accidental loss, destruction or damage to the Personal Data and having regard to the nature of the Personal Data which is to be protected;

36.12.4.take reasonable steps to ensure the reliability of any Staff who have access to the Personal Data;

36.12.5.obtain prior written consent from the Authority in order to transfer the Personal Data to any Sub-Contractors or Affiliates for the provision of the Services;

36.12.6.ensure that all Service Provider Staff required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Condition 37;

36.12.7.ensure that none of the Service Provider’s Staff publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Authority;

36.12.8.notify the Authority (within [five] Working Days) if it receives:

36.12.8.1 a request from a Data Subject to have access to that person's Personal Data; or

36.12.8.2 a complaint or request relating to the Authority's obligations under the Data Protection Legislation;

36.12.9.provide the Authority with full cooperation and assistance in relation to any complaint or request made, including by:

36.12.9.1 providing the Authority with full details of the complaint or request;

36.12.9.2 complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Authority's instructions;

36.12.9.3 providing the Authority with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Authority); and

36.12.9.4 providing the Authority with any information requested by the Authority;

36.12.10.permit the Authority or the Authority[‘s] Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Service Provider's data Processing activities (and/or those of its agents, subsidiaries and Sub-Contractors) and comply with all reasonable requests or directions by the Authority to enable the Authority to verify and/or procure that the Service Provider is in full compliance with its obligations under this Contract;

36.12.11.provide a written description of the technical and organisational methods employed by the Service Provider for processing Personal Data (within the timescales required by the Authority); and

36.12.12.not Process Personal Data outside the European Economic Area without the prior written consent of the Authority and, where the Authority consents to a transfer, to comply with:

36.12.12.1the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing an adequate level of protection to any Personal Data that is transferred; and

36.12.12.2any reasonable instructions notified to it by the Authority.

36.13.The Service Provider shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Authority to breach any of its applicable obligations under the Data Protection Legislation.

36.14.The Authority may from time to time serve on the Service Provider an information notice requiring the Service Provider within such time and in such form as is specified in the information notice, to furnish to the Authority such information as the Authority may reasonably require relating to\;

36.14.1.compliance by the Service Provider with the Service Provider’s obligations under this Contract in connection with the processing of Personal Data; and/or

36.14.2.the rights of Data Subjects, including but not limited to subject access rights.

36.15.The Service Provider will allow its data Processing facilities, procedures and documentation to be submitted for scrutiny by the Authority or its auditors in order to ascertain compliance with the relevant laws of the United Kingdom and the terms of this Contract.

36.16.The Service Provider shall be liable for and shall indemnify (and keep indemnified) the Authority against each and every action, proceeding, liability, cost, claim, loss, expense (including reasonable legal fees and disbursements on a solicitor and client basis) and demands incurred by the Authority which arise directly or in connection with the Service Provider’s data Processing activities under this Contract, including without limitation those arising out of any third party demand, claim or action, or any breach of contract, negligence, fraud, wilful misconduct, breach of statutory duty or non-compliance with any part of the Data Protection Requirements by the Service Provider or its employees, servants, agents or Sub-Contractors.

37.Freedom of Information

37.1.The Service Provider acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority to enable the Authority to comply with its Information disclosure obligations.

37.2.The Service Provider shall and shall procure that its Sub-Contractors shall:

37.2.1.transfer to the Authority all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information;

37.2.2.provide the Authority with a copy of all Information in its possession, or power in the form that the Authority requires within

37.2.3.provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations.

37.3.The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations.

37.4.In no event shall the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Authority.

37.5.The Service Provider acknowledges that (notwithstanding the other provisions of this Condition 37) the Authority may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Service Provider or the Services:

37.5.1.in certain circumstances without consulting the Service Provider; or

37.5.2.following consultation with the Service Provider and having taken its views into account;

provided always that where Condition 37.5.1 applies, the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Service Provider advanced notice, or failing that, to draw the disclosure to the Service Provider’s attention after any such disclosure.

37.6.The Service Provider shall ensure that all Information is retained for disclosure in accordance with Condition 20 (Retention of Documents and Right of Audit) and shall permit the Authority to inspect such records as requested from time to time.

37.7.The Service Provider acknowledges that the Commercially Sensitive Information listed in the Service Provider’s proposal is of indicative value only and that the Authority may be obliged to disclose it in accordance with this Condition 37.

PRICING AND PAYMENt

38.Payment and VAT

38.1.Subject to Condition 40 (Recovery of Sums Due), in consideration of the provision of the Services by the Service Provider in accordance with the terms of this Contract, the Authority shall pay the Service Provider the Contract Price in accordance with the provisions of Schedule Three (Price and Payment Terms).

38.2.The Contract Price is exclusive of Value Added Tax. The Authority shall pay any Value Added Tax on the Contract Price at the rate and manner prescribed by law from time to time.

38.3.Without prejudice to any other right or remedy available to the Authority, the Authority may withhold or reduce payment in respect of any Services that the Service Provider has either failed to provide or has provided inadequately.

39.Payment of Sub-Contractors

39.1.Where the Service Provider enters into a sub-contract for the provision of any part of the Services, the Service Provider shall ensure that a term is included in the sub-contract which requires the Service Provider to pay all sums due to the Sub-Contractor within a specified period not exceeding 30 Days from the date of receipt of a valid invoice.

40.Recovery of Sums Due

40.1.If any sum of money is recoverable by the Authority from the Service Provider or payable by the Service Provider to the Authority under the Contract, that sum may be deducted from any sum then due or which at a later time becomes due to the Service Provider from the Authority under the Contract or under any other agreement with the Authority.

41.PURCHASED EQUIPMENT

41.1.Where the Contract Price allows for the purchase of equipment for use in the Project, the Service Provider shall take all practicable steps to purchase the equipment at a fair and reasonable price. All equipment so purchased will become the property of the Authority. The Authority will consider the disposal of such equipment at the end of the Contract and the proceeds of any sale will belong to the Authority.

42.INDEMNITIES AND INSURANCE

42.1.The Service Provider shall indemnify the Crown, the Authority, its servants and agents against all actions, claims, demands, costs, charges and expenses arising out of or in connection with the Project in respect of:

42.1.1.any damage or loss to property real or personal including any infringement of third party patents, copyright and registered designs;

42.1.2.any injury to persons, including injury resulting in death except in so far as such damage, loss or injury can be shown to be due to any negligent act or omission of the Authority, its servants or agents (other than the Service provider).

42.2.The Service Provider shall further indemnify the Authority against actual expenses incurred through any delay in performing the Project or any default which the Service Provider had failed to remedy after being given reasonable notice thereof by the Authority provided always that the Authority shall take all reasonable steps to minimise the need and extent of any such expenses.

42.3.The Service Provider, if an individual, represents that he is regarded by both Her Majesty’s Revenue & Customs and the Department of Social Security as self-employed and accordingly shall indemnify the Authority against any demand for tax or national insurance contributions or similar for which the Authority may be liable in respect of the Service Provider by virtue of this Contract.

42.4.The Service Provider shall effect with an insurance company or companies acceptable to the Authority a policy or policies of insurance covering all the matters which are the subject of indemnities under the Contract in the sum of £500,000 in respect of any one incident and limited to £5 million in total, unless otherwise agreed by the Authority in writing.

42.5.The Service Provider shall produce to the Authority’s Representative, on request, copies of all insurance policies referred to in this Condition or other evidence (such as a broker’s letter of verification) confirming the existence and extent of the cover given by those policies together with any renewal certificates and evidence of payment of the latest premiums due under those policies. The Service Provider shall inform the Authority immediately if any insurer issuing a policy to which this Condition relates amends, withdraws or extends cover or refuses a claim.

42.6.The terms of any insurance or the amount of cover shall not relieve the Service Provider of any liabilities under the Contract.

TERMINATION

43.TERMINATION

43.1.The Authority may by notice in writing summarily terminate the Contract without compensation to the Service Provider in any of the following events:

43.1.1.If the Service Provider, being an individual, or where the Service Provider is a firm, if any partner in that firm shall at any time become bankrupt, or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors, or shall make any conveyance or assignment for the benefit of his creditors, or

43.1.2.If the Service Provider, being a company, shall pass a resolution, or the Court shall make an order, that the company shall be wound up otherwise than for the purpose of reconstruction or amalgamation, or that an administrative receiver shall be appointed on behalf of creditors;

43.1.3.If the Service Provider shall have committed a material breach of the Contract and (if such breach is capable of remedy) shall have failed to remedy such breach within 30 days (or such other reasonable time as the Authority may specify) of being required in writing by the Authority to do so;

provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Authority.

43.2.In the event of termination for any reason, the Service Provider shall submit a report setting out full details of the Project up to the date of determination.

44.BREAK

44.1.The Contract may be terminated by the Authority by giving 30 days notice in writing: The Authority may extend the period of notice at any time before it expires, subject to agreement on the level of Services to be provided by the Service Provider during the period of extension.

44.2.In the event of termination under this Condition the Authority will reimburse the Service Provider's expenses for any Project completed at the date of the notice of termination including any commitments, liabilities or expenditure which would otherwise represent an unavoidable loss by the Service Provider by reason of the determination of the Contract.

44.3.The Authority will not be liable to pay under this Condition any sum which when taken together with any sums paid or due under the Contract shall exceed such total sum as would have been payable under the Contract if the Project had been completed in accordance with the requirements of the Contract.

45.Survival of Obligations

45.1.The expiry or termination of this Contract however caused shall not affect any right or remedy which has accrued to the Service Provider or the Authority or which accrues to the Service Provider or Authority thereafter. Without prejudice to the generality of the previous sentence, the following Conditions of this Contract shall survive termination: Condition 42 (Indemnities and Insurance); Condition 32 (Ownership of Intellectual Property Rights); 33 (Indemnity for Intellectual Property Rights); Condition 35 (Confidential Information); Condition 34 (Publicity Concerning the Project); Condition 37 (Freedom of Information); Condition 20 (Retention of Documents and Right of Audit); Condition 27 (Official Secrets Acts); Condition 23 (Prevention of Corruption); Condition 54 (Dispute Resolution or Mediation).

CONTROL OF THE CONTRACT

46.AMENDMENTS AND VARIATIONS

46.1.No amendments to the Contract will be valid unless they have been agreed in writing by the Parties.

46.2.Any variation in the Project shall be agreed in writing by the Parties to the Contract before such variation is implemented. In the event of such variation, the Contract Price shall be subject to such fair and reasonable adjustment as may be agreed between the Parties.

46.3.The Service Provider shall not be entitled to payment for any of the Project that has not been authorised in writing by the Authority.

47.Sub-Contracting and Transfer

47.1.The Service Provider shall not assign, sub-contract or in any other way dispose of the Contract or any part of it without prior written approval.

47.2.Where the Authority has consented to the sub-contracting of all or part of the Services, the Service Provider shall (unless the Authority’s Representative agrees otherwise) send the Authority a copy of the relevant sub-contract as soon as it has been signed.

47.3.The Service Provider shall be responsible for the errors and omissions of its Sub-Contractors as if they were its own.

47.4.The Service Provider shall not use self-employed individuals in the provision of the Services without the Authority’s prior written approval.

48.Service of Notices and Communications

48.1.All notices, invoices and other communications relating to this Contract shall be in writing and shall be deemed to be duly given when sent by prepaid first class post, by facsimile, by electronic mail or by hand delivery to the other party at the number or address set out below:

If to the Service Provider:

If to the Authority:

48.2.Provided the notice or communication is not returned as undelivered (or, in the case of a facsimile or electronic mail, provided there is no notice of failed transmission), the notice or communication shall be deemed to have been given or made three working Days after posting if sent by post or at the time of delivery if delivered by hand or sent by facsimile or by electronic mail.

48.3.In proving that a notice or communication was given or made it shall be sufficient to prove that:

48.3.1.in the case of posting to prove that the envelope containing the notice or communication was properly stamped, addressed and posted;

48.3.2.in the case of a hand delivered letter to provide a statement from the person who delivered it indicating that it was hand delivered to the correct address;

48.3.3.in the case of a facsimile to prove that it was transmitted to the correct number with correct confirmation of transmission;

48.3.4.in the case of electronic mail to prove that it was sent to the correct electronic mail address or that it was acknowledged.

48.4.Either Party may change the addresses and details for delivery of notices under this Condition by notifying the other Party in writing.

ADDITIONAL PROVISIONS

49.Waiver

49.1.The failure of either Party to exercise a right or remedy under this Contract shall not constitute a waiver of that right or remedy.

49.2.No waiver shall be effective unless it is communicated to the other Party in writing.

49.3.A waiver of any right or remedy arising from a breach of this Contract shall not constitute a waiver of any right or remedy arising from any separate breach.

50.Severability

50.1.If any provision or Condition of this Contract is held to be invalid, illegal or unenforceable by any court, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had executed without the provision or Condition in question.

50.2.In the event that a court holds a provision or condition to be invalid, illegal and unenforceable and the provision is so fundamental that its removal would prevent the accomplishment of the purpose of the Contract, the Parties shall immediately commence negotiations in good faith to ensure that the purpose of the Contract is achieved in the absence of the provision or Condition in question.

51.Force Majeure

51.1.Neither Party shall be liable to the other Party by reason of any failure or delay in performing its obligations under the Contract which is due to Force Majeure where there is no practicable means available to the Party concerned to avoid such failure or delay.

51.2.If either Party becomes aware of any circumstances of Force Majeure which give rise to any such failure or delay or which appear likely to do so, that Party shall promptly give notice of those circumstances as soon as is practicable after becoming aware of them and shall inform the other Party of the period for which it estimates that the failure or delay will continue.

51.3.Each Party shall use all reasonable endeavours to mitigate the impact of the Force Majeure event on the performance of the Services. However if any such event prevents either Party from performing all of its obligations for a period in excess of 3 Months, either Party shall be entitled to terminate the Contract at no cost to the terminating Party by notice in writing with immediate effect.

51.4.For the purposes of this Condition, “Force Majeure” means an event or occurrence which is outside the control of the Party concerned and which is not attributable to any act or failure to take preventative action by the Party concerned, but shall not include any industrial action occurring within the Service Provider’s organisation or within any Sub-Contractor’s organisation.

51.5.Any failure or delay by the Service Provider in performing its obligations under the Contract which results from any failure or delay by an agent, Sub-Contractor or supplier shall be regarded as Force Majeure only if that agent, Sub-Contractor or supplier is itself impeded in complying with the obligation to the Service Provider by Force Majeure.

52.Service Provider’s Status

52.1.Nothing in this Contract shall be construed as creating a partnership, a joint venture, a contract of employment or a relationship of principal and agent between the Authority and Service Provider.

53.Entire Agreement

53.1.This Contract constitutes the entire agreement between the Parties relating to its subject matter. It replaces all previous negotiations, agreements, understandings and representations between the Parties whether oral or in writing. However, nothing in this Contract shall limit or exclude any liability for fraud.

54.Dispute Resolution and Mediation

54.1.The performance of the Services shall not cease by reason of the reference to mediation and the Service Provider shall continue to comply fully with the requirements of the Contract at all times.

54.2.The procedure for mediation and the consequential provisions relating to mediation are as follows:

54.2.1.The Mediator shall be chosen by agreement of the Parties, or if they are unable to agree on a Mediator within 14 Days of a request from one Party to the other or if the agreed Mediator is unable or unwilling to act, either Party may apply to CEDR to appoint a Mediator.

54.2.2.Within 14 Days of the Mediator’s being appointed, the Parties shall seek guidance from the Mediator on a programme for the exchange of information and the structure to be adopted for negotiations. Either Party may request a preliminary meeting with the Mediator for this purpose which shall be attended by both Parties.

54.2.3.Unless otherwise agreed, all negotiations concerning the dispute shall be conducted in confidence and shall be without prejudice to the rights of the parties in any future proceedings.

54.2.4.If the Parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the Parties once it is signed by their duly authorised representatives.

54.2.5.Failing agreement, either Party may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to the Contract without the prior written consent of both Parties.

54.2.6.If the Parties fail to reach agreement in the structured negotiations conducted in accordance with Condition 54.4 b), within 60 Days of the Mediator’s being appointed (or such longer period as may be agreed by the Parties), then any dispute may be referred to the courts.

55.Governing Law

55.1.This Contract shall be governed by, and interpreted in accordance with, English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

SCHEDULE 1

Scope of the Project / Specification

Part A – the Authority’s requirements

Research Specification

The impact of migration on transport and congestion

Business need

This research paper is intended to improve the existing evidence base on the impact of migration on the use of transport networks and levels of congestion. The Migration Advisory Committee (MAC) considered this impact of migration in its report Limits on Tier 1 and Tier 2 for 2011/12 and supporting policies (Migration Advisory Committee, 2010).

The findings of this research paper may be used by the MAC to inform its thinking and / or recommendations on questions that it may be asked by the Government on issues related to migration.

Synopsis

Borjas (1995)¹ argued that positive net migration, like any increase in population size, could lead to increased congestion when other factors of production remain

fixed. While this may be true in the short term, in the longer term one might expect the capacity of the transport network to adjust upwards, therefore at least partially offsetting the impact on congestion.

Brueckner (2000)² argued that the external cost of congestion represents a market failure: while vehicle commuters, for example, consider the private cost of commuting - namely the cost of vehicle usage and the time cost - they fail to take into account the increased time cost that their use of the transport network imposes on other commuters through the overall reduction in traffic speed. As these congestion costs are borne by others, there is no incentive for the individual to respond to this negative impact by reducing his or her use of the transport network. Consequently, individuals underestimate the total cost of their use of transport networks and thus overuse these networks from the point of view of society as a whole.

The extent to which migration has an impact on congestion will vary considerably depending on where in the UK the migrant is located. For example, the impact of an extra 1,000 migrants moving to large urban areas, where transport networks are already congested, may be considerably larger than the impact of the same migrants making use of the transport network in more sparsely populated regions of the UK. Alternatively, it may be the case large urban areas are more resilient to small increased in the population than rural areas, due to the more established infrastructure and transport networks.

The aim of this research paper is to improve the existing evidence base that directly links migration to the use of transport networks and levels of congestion. The paper should then consider, in isolation, the impact of ‘economic’ migration from outside the European Economic Area (EEA). (We define ‘economic’ migrants as those who have come to the UK with the primary purpose of working and / or studying (including their dependants)). This will build on the consideration of the impact of migration on congestion that the MAC outlined in Migration Advisory Committee (2010).

Specifically, the MAC wishes to obtain evidence on the level of demand that is placed on the UK transport network by migrants, both in absolute terms and relative to the average UK resident. This will require consideration of the UK regions and localities in which migrants are located and, consequently, the varying impact that the migrant population has on levels of congestion in various regions and localities in the UK.

The MAC wishes to commission research that considers migrants’ propensity to use certain transport networks and modes of transport. Again, it is important to consider this both in absolute terms as well as relative to the average UK resident. Analysis in this area will likely have a strong focus on migrants’ characteristics, such as their income, their employment, and their location within the UK.

Potential options for improving the existing evidence base may include quantitative analysis of national- or regional-level datasets not identified in Migration Advisory Committee (2010). Alternatively, analysis of the distribution of migrants within the UK may make it possible to gather qualitative and / or quantitative evidence from relevant organisations on the impact of migration at a more localised level.

To enable a consideration of the longer-term impact of migration there may be potential to use Points Based System data from the UK Border Agency publication The Migrant Journey.

The MAC welcomes innovative approaches to improving the existing evidence base in this area.

Research questions

Below we set out the key questions that this research paper could address. We acknowledge that it may not always be feasible to address all of these questions, and we will consider all tenders that aim to address some combination of these. Tenderers must make clear which research questions their proposal seeks to address, and explain their reasons for this selection.

The research questions we are interested in can be separated into four key areas:

1) How can the existing literature help us to understand the impacts of migration?

• What does the literature tell us about the impact of migration on use of transport networks and levels of congestion, at a national, regional and local level? What can be said specifically about the impact of economic migrants from outside the EEA?

• What potential is there to obtain and analyse systematically qualitative evidence, in combination with quantitative evidence, to consider the impact of migration on transport networks and levels of congestion in the UK?

2) What does analysis of relevant data tell us about the impacts of migration?

• What does the researcher’s analysis tell us about the impact of migration on the use of transport networks and congestion levels in the UK? What is the specific impact of economic migration from outside the EEA?

• What does the analysis tell us about the level of use of transport networks in the UK by migrants relative to the average UK resident?

• What does analysis tell us about the contribution that migrants make to levels of congestion in the UK, either nationally or at a more localised level?

• Are migrants more or less likely than the average UK resident to use certain modes of transport? What can this tell us about their relative contribution to levels of congestion in the UK?

• Is the impact of migration on transport networks and congestion levels concentrated in certain regions or localities? How are providers of these services in the most affected areas responding to this impact of migration?

• How does the impact of all migration differ from the specific impact of economic migrants from outside the EEA?

• How might proxy analysis, combining data on UK residents with data on migrants, allow us to better estimate the impact of migration on the use of transport networks and levels of congestion?

3) What are the implications of the above?

• How do the impacts of migration on transport and congestion differ according to the duration of migrants’ stay in the UK, and what are the potential issues that need to be considered in developing policy on temporary, circular and permanent migration?

• What are the implications of this impact of migration for the design and operation of UK immigration policy, particularly for Points Based System (PBS) migration?

4) What are the limitations to analysis and how might we overcome them?

• What are the current limitations to evaluating the impact of migration on the use of transport networks and levels of congestion? What implications do these limitations have for considering this impact of migration for the purposes of immigration policy design?

• What potential is there to improve the measurement of this impact of migration? Are data currently being collected that will facilitate improved analysis in this area in future?

The MAC wishes to obtain evidence on the impact of all migration (both from within and outside the EEA) on the use of transport networks and levels of congestion. Where possible, the MAC would be particularly interested in research that then separately considers the specific impact of economic migrants (defined previously) from outside the EEA. In their tenders prospective contractors must outline how their methodology would set out to measure the specific impact of this subset of the migrant population.

Proposed Methodology

Tenderers are invited to propose the specific methodology used to achieve the required outputs and aims of the research. However, the proposed methodology shall include:

• a review of the existing literature on the impact of migration on the use of transport networks and levels of congestion;

• identification of the relevant available datasets that can be used to analyse the impact of migration, economic or otherwise, on the use of transport networks and congestion levels in the UK, including both data on migrants themselves and data that is potentially suitable for use in proxy analysis based on characteristics such as age, earnings and family status;

• the collection and / or analysis of available datasets and / or evidence that will assist in the analysis of the impact of migration on the use of transport networks and levels of congestion. Where possible, this shall first consider all migration before discussing separately the impact of economic migrants from outside the EEA. Where possible, it shall also consider whether the impact varies between temporary and permanent migration, as well as at a national, regional or local level; and

• interpretation of the research findings and the implications for the work of the MAC, as well as a discussion of any limitations to measuring this impact of migration.

Deliverables

The main outputs from this research will be:

• a review of the existing literature, building on the discussion and analysis presented in Migration Advisory Committee (2010);

• a scoping paper that identifies an approach to analysing the impact of migration on the demand for transport networks and levels of congestion in the UK. This may involve the identification and analysis of relevant national or regional-level data sources, relating to migrants directly or otherwise, as well as any key organisations that can provide evidence on this particular impact of migration; and

• a final report that consolidates any quantitative data analysis and any qualitative evidence received from relevant organisations, and outlines the implications and issues that the MAC might wish to consider when making policy recommendations to the Government.

Members of the MAC and the MAC secretariat will meet regularly with the contractor to receive briefings on the work. The contractor may also be asked to present early findings to MAC members, the MAC secretariat, or to other researchers at a workshop hosted by the MAC.

The results of the study will be published on the MAC website. The MAC promotes wide dissemination of research and will encourage organisations to disseminate findings further.

Timetable

The research is expected to begin on or soon after 4 April 2011 and be completed by 23 September 2011.

Stage	Due date
Tenders submitted by	4pm on Friday 25 March 2011
Award contract	Monday 4 April 2011
Inception meeting to agree scope and methodology	w/c 4 April
Draft review of the existing literature and evidence base – Payment milestone 1	Friday 6 May 2011
Scoping paper that identifies relevant national or regional-level data sources, relating to migrants or otherwise, as well as any other sources of evidence on this particular impact of migration – Payment milestone 2	Friday 24 June 2011
Final report that consolidates the quantitative and qualitative findings to discuss the impact of migration on the use of transport networks and levels of congestion in the UK. This report will also outline the implications and issues that the MAC might wish to consider when making policy recommendations to the Government – Payment milestone 3 on acceptance of final report:	Friday 23 September 2011

Resources

Tenderers must provide details of the skills of the staff involved in the research team, and of how that team is managed.

It is anticipated that the team will consist of staff at senior researcher grades or equivalent with considerable involvement and oversight of a member or members of staff at principal researcher / director grade. One member of staff must be allocated as a principal contact.

To assess the suitability of the research team, tenderers must provide the following information and an up-to-date CV for each member of the research team.

For the project lead:

• relevant skills in undertaking research in this area;

• projects undertaken in the last 3 years; and

• current ongoing projects (and their approximate value and dates).

For the team members:

• name and position; and

• skill set for undertaking related research ('related' can either refer to subject-area or methodological relevance).

Tenderers must detail the number of days and daily rates incurred for each member of the research team, as well as full estimates of the overhead expenses that are expected to be incurred.

The provisional estimate of the cost of this research paper is £25,000. However, the MAC will consider research proposals that cost in excess of £25,000 if tenderers can demonstrate a broader scope for their research to justify this increased expenditure.

Evaluation criteria

Tenders will be evaluated against the following criteria:

• (1) demonstration of the capacity and capability to meet all aspects of the work requirement outlined in the ITT;

• the suitability of the tenderer’s proposed methodology, with particular reference to how the tenderer will approach:

• (2) undertaking new analysis to improve the existing evidence base on the impact of migration on the use of transport networks and levels of congestion;

• (3) investigating separately the impact of economic migrants from outside the EEA;

• (4) the relevant skills of the team members included in the tender; and

• (5) the tenderer’s quality and continuity management processes and their ability to deliver a high-quality product of value to the MAC.

Each of the criteria (1) to (5) will be given equal weight when evaluating tenders.

How to respond

Tenders must be submitted as a single Microsoft Word document that incorporates all aspects of the bid, including the CVs of the research team and the price schedule. The name of the Word document should take the form ‘Impact of migration on transport and congestion [bidder name]’.

To be considered for this research paper please send the Word document to SRGProcurement@homeoffice.gsi.gov.uk, quoting SRG/10/039 Impact of migration on transport and congestion in the subject box, by 4pm on Friday 25 March 2011.

Part B – the Service Provider’s Proposal

In the case of any conflict the provisions of Part A of this Schedule shall take precedence over the provisions of Part B.

SCHEDULE 2

The Project Plan

SCHEDULE 3 - Price and Payment Terms

PART A

General

THE IMPACT OF MIGRATION ON TRANSPORT AND CONGESTION (SRG.10.039.2)

PRICE

1. General

   1. All prices are to be exclusive of VAT. All prices are to be in pounds sterling.

   2. For the performance of the Services under the Contract, the Service Provider shall be paid at the daily rates and expenses entered in the table in 2.1 below.

2. Rates for the Provision of Service

Name of personnel to be employed in completing the work	Grade (1-5)	Daily rate Exc VAT (£)	Proposed number of days	Total cost (£)	VAT (at 17.5%) (£)
1.____________ 2.____________
Total				£	£

TITLE: THE IMPACT OF MIGRATION ON TRANSPORT AND CONGESTION (SRG.10.039.2)

PART B

1. The firm price for the Project under the Contract is £24,985.00, inclusive of travel and subsistence, exclusive of VAT.

2. The Service Provider is deemed to have satisfied itself as to the extent of the work involved in meeting the requirements set out in Schedule One and no increase in the firm price can be considered, unless there has been an agreed amendment to the Project.

3. For the avoidance of doubt, no increase in the firm price can be agreed in respect of salary increases granted by the Service Provider to its employees or otherwise.

4. Payment profile of the firm price shall be due at the following intervals in respect of satisfactory work actually performed:-

5. Invoices for payment of instalments of the firm price should be submitted on reaching the Milestones set out in paragraph. 4. If applicable, VAT should be shown separately on all invoices as a net extra charge.

6. Payment will be made within 30 days of receipt of a valid invoice. Failure to comply with this condition will not constitute a fundamental breach of the Contract.

7. Where Milestones are identified in the Service Provider’s Proposal and the Project Plan, payment on completion of the Milestone will be made upon certification by the Authority that all necessary work has been completed and any performance criteria required by the Authority have been met.

8. The relevant purchase order number for this Contract should be quoted in invoices at all times.

SCHEDULE 4 – Data security Guidance for External Contractors and Sub-Contractors

Guidance for External Contractors and Sub-Contractors working for Home Office using data which is security classified “Protect - Personal³” or higher.

This document is subject to updates and amendments. If the guidance alters, contractors will be informed immediately, and will be required to change working practices at very short notice.

This document is designed to assist contractors in their adherence to the Data Protection Act and other relevant legislation. If contractors’ particular circumstances are not covered by these guidelines, or if they are in any doubt about implementation, they must contact Home Office immediately.

Table A – Analysing and Storing electronic data⁴ in HO premises, contractors’ premises, or other premises, including contractors’ homes.

No.	Research Event or Situation	Protective Action Required	Comment
1.	Electronic data with or without personal identifiers5 are analysed on HO premises.	HO building and IT security systems will apply. This includes regulations for the transport of data within the building (e.g. on removable media such as a CD or memory stick), which may vary from location to location. The nominated data security officer in each location will be able to provide advice.	The datasets may not be removed/transferred from the premises. If the data is to be moved, transportation regulations (Table B) apply.
2.	Electronic data with or without personal identifiers are analysed at source (e.g. at a court, at a voluntary organisation).	The organisation’s own internal security systems will apply, and advice should be sought from the appropriate member of staff.	The datasets may not be removed/transferred from the premises. If the data is to be moved, transportation regulations (Table B) apply.
3.	Electronic data with or without personal identifiers are analysed on contractors’ premises (e.g. university building, offices).	If using laptop computers, they must be dedicated laptops (used as the tools of the contractor’s trade, i.e. separate from personal computing facilities used by themselves or their families etc. for leisure or other personal uses). All laptop drives, and removable media such as CDs and memory sticks must be encrypted to HO data security standards. Laptops and removable media must be kept in locked cabinets when not in use (e.g. filing cabinet). Desktop computers must be dedicated (used as the tools of the contractor’s trade, i.e. separate from personal computing facilities used by themselves or their families etc. for leisure or other personal uses) and may not be used unless only a local drive is utilised, and it is encrypted to HO data security standards. All computers must have a firewall and anti-virus software, as detailed in the HO policy statement6. Data may be stored and accessed in premises approved by Home Office Departmental Security Unit. This includes the data being held on a DSU accredited network with restricted access and with approved handling procedures to cover data in transit and its destruction.	Current minimum standard for encryption software is FIPS 140 – 27. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
4.	Electronic data with or without personal identifiers are analysed at contractor’s home.	Only the minimum dataset needed for analysis may be taken home. Personal identifiers may not be taken home unless they are integral to the research exercise. Contractors must produce an auditable list of data taken home, when, and for what duration, on request. Laptops must be dedicated (see 3 above), and laptop drives, and removable media such as CDs and memory sticks must be encrypted to HO data security standards. Laptops and removable media must be kept in locked cabinets when not in use (e.g. filing cabinet). Desktop computers must be dedicated (see 3 above) and may not be used unless only a local drive is utilised, and it is encrypted to HO data security standards. All computers must have a firewall and anti-virus software, as detailed in the HO policy statement.	Current minimum standard for encryption software is FIPS 140 - 2. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.

Table B – Transporting/transferring electronic data

5.	By email	Electronic data with or without personal identifiers are sent by email between any destinations.	Secure email systems only may be used. These include the Government Secure Intranet (GSI) and the Criminal Justice Secure Mail system (CJSM). HO data may be sent to contractors using the CJSM system. Source premises’ (e.g. charities, other organisations) email systems must not be used unless they are secure. Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted8 or above).	See www.cjsm.net for CJSM
6.	By hand - in person	Electronic data with or without personal identifiers are transported by laptop computer between any destinations.	Laptops must be dedicated (see 3 above), and laptop drives, and removable media must be encrypted to HO data security standards. Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above).	Current minimum standard for encryption software is FIPS 140 - 2. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
7.		Electronic data with personal identifiers are transported by hand using removable media such as CDs or memory sticks between any destinations.	Personal Identifiers must be removed from the datasets and replaced with a code. Each dataset must be saved on separate removable media. Removable media must be encrypted to HO data security standards. Removable media must be transported securely and with due care. (If HO data needs to be provided to contractors on HO memory sticks, a business case must be approved by eDelivery Group before they will provide encrypted memory sticks). Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above).	Current minimum standard for encryption software is FIPS 140 - 2. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
8.		Electronic data without personal identifiers are transported by hand using removable media such as CDs or memory sticks between any two destinations.	Removable media must be encrypted to HO data security standards. Removable media must be transported securely and with due care. (If HO data needs to be provided to contractors on HO memory sticks, a business case must be approved by eDelivery Group before they will provide encrypted memory sticks). Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above).	Current minimum standard for encryption software is FIPS 140 - 2. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
9.	By Post	Electronic data with personal identifiers are sent by post using removable media such as CDs or memory sticks between any two destinations.	Personal Identifiers must be removed from the datasets and replaced with a code. Each dataset must be saved on separate removable media. Datasets with personal identifiers must be posted separately (earlier or later than the rest of the data) by special delivery or courier. Removable media must be encrypted to HO data security standards. (If HO data needs to be provided to contractors on HO memory sticks, a business case must be approved by eDelivery Group before they will provide encrypted memory sticks). Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above).	Current minimum standard for encryption software is FIPS 140-2. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
10.		Electronic data without personal identifiers are sent by post using removable media such as CDs or memory sticks between any two destinations.	Removable media must be posted by special delivery or courier. Removable drives must be encrypted to HO data security standards. (If HO data needs to be provided to contractors on HO memory sticks, a business case must be approved by eDelivery group before they will provide encrypted memory sticks). Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above).	Current minimum standard for encryption software is FIPS 140-2. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.

Table C – Handling and Storing paper records, video, DVD and voice recordings ⁹ (such as those used to record interviews and observations) in HO premises, contractors’ premises, or other premises, including contractors’ homes

Though there is less risk of large amounts of data loss, these data often contain much detail about participants’ lives, which could cause significant harm or distress if compromised. Therefore it is very important that they are protected, even in very small quantities (e.g. one individual’s data). These data can be in non-electronic and electronic form.

11.

Collecting, analysing and storing paper records, video, DVD and voice recordings on any premises

Records of interviews must be anonymised. Personal identifiers must be replaced with codes, and stored (locked) separately from other datasets. Transcripts of interviews should be further anonymised to protect the identity of the participant or others named in interview. Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above). All data must be kept in locked cabinets when not in use (e.g. filing cabinet). Consideration should be given to interviewing on secure premises where higher levels of security are considered necessary, i.e. if loss would result in harm or distress to the participant. See Table A for information on electronic data.

If the data is to be moved/ transferred, transportation regulations (Table D) apply. The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.

Table D – Transporting paper records, video, DVD and voice recordings.

12.	Data in electronic form.	Electronic video, DVD and voice recordings with or without personal identifiers is sent by email/ on a laptop or a removable disc such as a CD or memory stick.		See Table B	The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
13.		Paper records with or without personal identifiers are turned in to electronic data (e.g. by scanning) and sent by email/transported on a laptop or a removable disc such as a CD or memory stick.		See Table B	The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
14.	Data in non-electronic form.	By hand – in person	Non-electronic paper records, video, DVD and voice recordings with personal identifiers are transported by hand.	Personal Identifiers must be removed from the datasets and replaced with a code. Each dataset must be kept separately. Data must be transported securely and with due care. Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above). Where personal identifiers cannot be removed from the data (e.g. on transport from interview site, on videos, and on some voice recordings) the minimum amount necessary to conduct the research should be carried.	The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
			Non-electronic paper records, video, DVD and voice recordings without personal identifiers are transported by hand.	The data must be transported securely and with due care. Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above).	The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
15.		By post	Non-electronic paper records, video, DVD and voice recordings with personal identifiers are sent by post	Personal Identifiers must be removed from the datasets and replaced with a code. Each dataset with personal identifiers must be posted separately (earlier or later than the rest of the data) by special delivery or courier. Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above). Where personal identifiers cannot be removed from the data (e.g. on transport from interview site, on videos, and on some voice recordings) the minimum amount necessary to conduct the research should be sent.	The Shared Service Procurement team and HO analysts can provide guidance to contractors where required.
			Non-electronic paper records, video, DVD and voice recordings without personal identifiers are sent by post.	Data must be posted by special delivery or courier. Data must be marked Protect – Personal at a minimum, and consideration must be given to whether it should be marked at a higher level of security (Restricted or above).

If these guidelines are breached, the contract manager must be notified immediately. If more information is required, please contact the contract manager