INVITATION TO TENDER
HQIP NCA 170
National Maternity and Perinatal Clinical Audit
Restricted & Confidential
On behalf of Healthcare Quality Improvement Partnership (HQIP)
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Introduction.
Please find enclosed the tender pack for the provision of a National Maternity and Perinatal Clinical
Audit Programme. The list of documents to be completed and received by Healthcare Quality
Improvement Partnership (HQIP) by noon on Friday 17th July 2015, are listed in Section 6. These
must be delivered to HQIP in a sealed unidentifiable supplier envelope with the label provided in
Section 4 attached to the front.
Section 1 provides a brief introduction to HQIP’s requirements for the National Maternity and
Perinatal Clinical Audit Programme, which forms part of the National Clinical Audit Patient Outcome
Programme (NCAPOP).
Section 2 contains instructions for suppliers to participate in the tender process i.e. document
completion and instructions for submission.
Section 3 provides the conditions of tender that apply to the tender process and which must be
accepted as part of the submission process.
Section 4 provides details about deliverables and the tender return label
Section 5 is the service provision document (specification) which provides details of the service
requirements (i.e. the business, operational and technical requirements.)
Section 6 lists the full list of Schedules which require completion for tender submission.
Section 7 contains HQIP terms and conditions which will apply to this contract award.
Section 8 provides details about the criteria used to evaluate your tender response.
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Tender Document Contents Summary
Section
1
Heading
Introduction
2
3
Instructions to Suppliers
Conditions of Tender
4
5
Additional Information/label
Specification
6
Schedules
7
Contract Terms & Conditions
8
Evaluation
Schedule A
Form of Tender
Schedule B
Schedule D
Schedule E
Schedule F
Supplier Response to Sections
1-9
Supplier Response to Section
10 &11
Collusive Tendering
Canvassing
Deliverables
Schedule G
Conflict of Interest Declaration
Schedule H
Schedule I
Schedule of Offer
Confidential & Commercially
Sensitive Information
Sub Contracting Template
Schedule C
Schedule J
Description
A brief introduction to the Programme
requirements
Instructions for tender completion and submission
The accepted terms and conditions which apply to
the tender process
Tender Return Label
The business, operational and technical
requirements of the audit
The list of documents to be completed and
submitted by suppliers.
HQIP standard terms and conditions which will
apply to any contract awarded under this ITT
The process which will be used to evaluate bids, the
award criteria to be used and the scoring
mechanism.
Agreement to the terms and conditions and
associated schedules which will form part of a
contract should the supplier be successful in the
tender process.
Supplier response to questions, which will be
evaluated against award criteria.
Supplier response to questions, which will be
evaluated against award criteria.
Confirmation signature required
Confirmation signature required
Proposed deliverables and time frame to be
completed by supplier (not scored)
Declaration of interests which may affect eligibility
to participate in this ITT
Pricing offer linked to Schedule C Response
To be completed if any information is deemed to be
confidential or commercially sensitive
To be completed if supplier intends to sub
contracting any elements of their bid to a third
party (s)
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1. Introduction.
The Healthcare Quality Improvement Partnership (HQIP) has been requested to commission a
National Maternity and Perinatal Clinical Audit Programme on behalf of NHS England (NHSE).
The overarching aim of this audit programme is:
To improve the quality of services and the outcomes achieved for mothers and newborns cared for
by hospital maternity services in England, Wales and Scotland.
This aim will be achieved through a project with the following objectives:
1. To engage patients, those that deliver care and those that commission and regulate care in
defining the audit measures most likely to support both quality assurance and quality
improvement of maternity services.
2. To enable improvements through the provision of timely, high quality data that compares
providers of healthcare to at least the level of named maternity service.
3. To consider how data captured in the MCDS ,other data collected in MIS and other sources
of data in NHS Wales and Scotland, could be used to support these audit measures. This is
both for the purposes of minimising local burden of data entry and so that the audit itself
supports the establishment of data flow in the MCDS and NHS Wales and Scottish systems .
4. 4. NHS England has recently announced a Maternity review:
http://www.england.nhs.uk/2015/03/03/maternitycare/. It is anticipated that over time this
may provide a valuable source of intelligence when shaping the scope of this audit, and in
particular when selecting topics for topic-specific, time-limited audits.
5. To achieve and maintain close alignment with relevant NICE and SIGN national guidelines
and quality standards throughout the audit, as appropriate.
6. To include risk adjustment as appropriate, in order to support meaningful comparisons.
7. To develop the reporting schedules and feedback mechanisms for the audit to support the
local use of data, minimising the reporting delay, and providing continual access to each unit
for their own data. The use of dashboard-style outputs and other reporting styles should be
explored. Consider the needs of the full range of audiences who may contribute to
improving patient outcomes.
8. To develop an appropriate topic selection process for the time-limited audits to consider
both need and potential benefit of auditing in that area.
Aims of this National Clinical Audit:
The successful tenderer will provide a national comparative clinical audit of the quality and
outcomes of NHS funded maternity and perinatal care delivered to women and infants by maternity
services in England, Wales and Scotland.
The audit will comprise:


Element 1: A continuous prospective clinical audit comprising a number of key processes and
outcomes as
indicators of high quality delivery of care by maternity services.
Element 2: Periodic, time-limited, topic-specific prospective audits achieved by temporary
expansion of the audit dataset.
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Full details of HQIP’s requirements are set out in the Specification in ITT Information Section 5.
HQIP is committed to supporting the Government’s small and medium-sized enterprise (SME)
initiative; its aspiration is that 25% of spend, direct and through the supply chain, goes to SMEs by
2015. Suppliers are encouraged to work with HQIP to support the wider SME initiative.
The link below to the Cabinet Office website provides information on the Governments Crown
Representative for SMEs, a link to the definition of an SME and details on the SME initiative:
https://www.gov.uk/government/policies/buying-and-managing-government-goods-and-servicesmore-efficiently-and-effectively/supporting-pages/making-sure-government-gets-full-value-fromsmall-and-medium-sized-enterprises
2 Instructions for Suppliers
General Information
HQIP is issuing this invitation to tender (“ITT”) in connection with the competitive procurement of
National Maternity and Perinatal Clinical Audit . This document contains important information
about the procurement process and the contract that the Authority intends to award. .
HQIP is managing the procurement process for this tender in accordance with the Public Contracts
Regulations 2015, under a Restricted Procedure. The OJEU Notice was published on 14th April 2015.
Interested parties were provided with the pre-qualification questionnaire (“PQQ”), which sought
responses in relation to their technical capacity or professional ability, and their economic and
financial standing. HQIP evaluated the PQQ responses and selected the 5 highest ranking bidders
(the “Bidders”) and this ITT is being sent to them.
Purpose and scope of this ITT
This ITT:
i.
ii.
iii.
iv.
v.
Invites Bidders to submit their tenders in accordance with the instructions set out in the
remainder of this ITT;
Sets out the overall timetable and process for the procurement;
Provides Bidders with sufficient information to enable them to submit a compliant Tender;
Sets out the award criteria and Tender evaluation model that will be used to evaluate the
Tenders; and
Explains the administrative arrangements for the receipt of Tenders.
Questions about this ITT
You may submit, by no later than noon on Friday 10th July 2015, any queries that you have relating to
this ITT. Please submit such queries via [email protected].
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Any specific queries should clearly reference the appropriate paragraph in the ITT documentation
and, to the extent possible, should be aggregated rather than sent individually. HQIP may decline to
answer queries received after the above deadline.
Answers to the questions received by HQIP will be circulated to all Bidders. Answers will not reveal
the identity of the individual Bidder that asked a particular question. HQIP may decide not to
disclose answers, or parts of answers, which reveal confidential or commercially sensitive
information in relation to a particular Bidder.
Tender Timetable
The procurement will follow a clear, structured and transparent process to ensure a fair and level
playing field so that all Bidders are treated equally.
Set out below is our proposed procurement timetable.
Process Stage
Indicative timeline
Pre-Qualification Questionnaire (PQQ) made available to potential 14th April 2015
providers
PQQ return date
14th May 2015
Shortlisting completed
29th May 2015
Invitation to Tender (ITT) issued to qualified potential providers
1st June 2015
Debrief to unsuccessful potential providers at PQQ stage
2nd June 2015
ITT return date
17th July 2015
Appraisal and evaluation of Tenders and Clarification Requests
17th July – 11th
September 2015
Clarification Meeting with Tenderers
Mid September
Provisional Contract Award (on or before) and start of Alcatel Period
Late
2015
September
Feedback to unsuccessful tender providers at ITT stage
Late
2015
September
Contract award (on or before)
Early October
We intend this to be a guide and, whilst we do not intend to depart from the timetable, we reserve
the right to do so at any time.
Deadline for receipt of Tenders
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The deadline for return of Tender Responses is 12:00 (noon) on Friday 17th July 2015. Your response
should contain completed Schedules A, B, C, D, E, F, G, H and also Schedules I & J if applicable (2 x
paper copies & 1 x electronic CD or memory stick). These must be delivered to HQIP in a sealed
unidentifiable supplier envelope with the label provided in section 4 attached to the front.
HQIP intend to award the contract on or before end of October 2015 and as stated in the
prequalifying questionnaire, contract award will be subject to acceptance of HQIP’s Terms and
Conditions applicable to this tender, which are contained in the Section 7 of this document. Supplier
participation in this Tender process is also subject to acceptance of the Conditions of Tender as set
out in section 3 of this document.
Clarification Meeting
Following the assessment of the Tender, HQIP may invite Bidders to a clarification meeting. If required
this will take place between receipt of Tenders and announcement of successful Tender. HQIP will
typically only require meetings with what it considers are the best 3 Bidders. In exceptional
circumstances, all Bidders will be requested to attend a meeting.
Please therefore keep mid September 2015 free in your diary, should you be invited to attend.
Bidders must ensure that key personnel attend. Those key personnel directly involved in performing
the contract will be expected to attend.
The purpose of the meeting is to gain a greater understanding of proposals and will take the form of a
short presentation by the Bidder followed by a question and answer session. Topics for clarification will
be raised with bidders for which HQIP will require a response ahead of the clarification meeting.
Bidders can either accept or decline a request for such a meeting. However, it is in the interests of the
Bidder to attend and provide additional confidence in its proposals to HQIP.
Although not scored on a separate basis, the session will be used to confirm the technical / quality
score assessments of the Tender evaluation. As such, scores achieved during the written Tender
evaluation may be adjusted (up or down) and the consolidated score of a Bidder amended.
PQQ evidence
At PQQ stage, Bidders provided information and some of that information was self certified as
accurate. During the standstill period, HQIP will require the successful Bidder to provide the following:
i.
ii.
iii.
iv.
Proof as required in the Public Contracts Regulations 2015, Regulation 60(4) or (5), that none
of the mandatory or discretionary grounds of exclusion referred to in the Annex to the PQQ,
section A and B applies;
Proof as required in the Public Contracts Regulations 2015, Regulation 60(6), that you have the
minimum level of economic and financial standing;
Copies of the required insurance as set in 7A of the PQQ;
A copy of your Health and Safety Policy;
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Contract Value and Duration
The contract value for the full 5 year term, which includes a possible 2 year extension, is between
£1,980,000 and £3,300,000 excluding VAT. However, the contract is being offered for three years
initially with a maximum budget of £1,980,000 excluding VAT and bids exceeding this limit may be
rejected.
3 Conditions of Tender
1
General
1.1
Please note that failure to comply with these instructions may result in your offer being
rejected.
1.2
If the Bidder is a consortium or will rely on sub contractors to deliver the contract, it must
explain in its Tender precisely which entities will be the supplier.
1.3
For the purposes of this ITT, the following terms apply:
i.
ii.
Consortium arrangement – groups of companies come together specifically for the
purpose of bidding for appointment as the supplier and envisage that they will
establish a special purpose vehicle as the prime contracting party with HQIP.
Subcontracting arrangement – Groups of companies come together specifically for
the purpose of bidding for appointment as the supplier, but envisage that one of
their number will be the supplier, the remaining members of that group will be
subcontractors to the supplier.
1.4
If the Bidder intends to sub contract any material parts of the contract, it must explain which
parts will be sub contracted, who the sub contractor is, confirm the sub contractor has
agreed terms of supply and what contractual commitment it has from the sub contractor to
deliver.
2
Information and confidentiality
2.1
While the information contained in this ITT is believed to be correct at the time of issue,
neither HQIP, its advisors, nor any other awarding authorities will accept any liability for its
accuracy, adequacy or completeness, nor will any express or implied warranty be given. This
exclusion extends to liability in relation to any statement, opinion or conclusion contained in
or any omission from, this ITT (including its annexes) and in respect of any other written or
oral communication transmitted (or otherwise made available) to any Bidder. This exclusion
does not extend to any fraudulent misrepresentation made by or on behalf of HQIP.
2.2
If a Bidder proposes to enter into a contract with HQIP, it must rely on its own enquiries and
on the terms and conditions set out in the contract(s) (as and when finally executed), subject
to the limitations and restrictions specified in it.
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2.3
Neither the issue of this ITT, nor any of the information presented in it, should be regarded
as a commitment or representation on the part of HQIP (or any other person) to enter into a
contractual arrangement.
2.4
All information supplied to tenderers by HQIP in connection with this procurement exercise
shall be regarded as confidential. By submitting an offer the tenderer agrees to be bound by
the obligation to preserve the confidentiality of all such information.
2.5
This invitation and its accompanying documents shall remain the property of HQIP and must
be returned on demand.
3
Freedom of Information Act 2000 and Environmental Information Regulations 2004
3.1
The Freedom of Information Act 2000 (“FOIA”) and the Environmental Information
Regulations 2004 (“EIR”) applies to HQIP in relation to the National Clinical Audit Patients
Outcome Programme.
3.2
Tenderers should be aware of the HQIP obligations and responsibilities under the FOIA to
disclose, on request, recorded information held by HQIP. Information provided by tenderers
in connection with this procurement exercise, or with any Contract that may be awarded as
a result of this exercise, may therefore have to be disclosed by HQIP in response to such a
request, unless HQIP decides that one of the statutory exemptions under the FOIA applies.
The HQIP may also include certain information in the publication scheme which it maintains
under the FOIA.
3.3
In certain circumstances, and in accordance with the Code of Practice issued under section
45 of the FOIA or the Environmental Information Regulations 2004, HQIP may consider it
appropriate to ask tenderers for their views as to the release of any information before a
decision on how to respond to a request is made. In dealing with requests for information
under the FOIA, HQIP must comply with a strict timetable and HQIP would, therefore, expect
a timely response to any such consultation within five working days.
3.4
If tenderers provide any information to HQIP in connection with this procurement exercise,
or with any Contract that may be awarded as a result of this exercise, which is confidential in
nature and which a tenderer wishes to be held in confidence, then tenderers must clearly
identify in their offer documentation the information to which they consider a duty of
confidentiality applies. Tenderers must give a clear indication which material is to be
considered confidential and why they consider it to be so, along with the time period for
which it will remain confidential in nature. The use of blanket protective markings such as
“commercial in confidence” will no longer be appropriate. In addition, marking any material
as “confidential” or equivalent should not be taken to mean that HQIP accepts any duty of
confidentiality by virtue of such marking. Please note that even where a tenderer has
indicated that information is confidential, HQIP may be required to disclose it under the
FOIA if a request is received. See Schedule I.
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3.5
HQIP cannot accept that trivial information or information which by its very nature cannot
be regarded as confidential should be subject to any obligation of confidence.
3.6
In certain circumstances where information has not been provided in confidence, HQIP may
still wish to consult with tenderers about the application of any other exemption such as
that relating to disclosure that will prejudice the commercial interests of any party.
3.7
The decision as to which information will be disclosed is reserved to HQIP, not with-standing
any consultation with you.
4
Prices
4.1
Prices must be stated in the Schedule of Offer (Schedule C) and must remain open for
acceptance for a minimum of 120 days from the closing date for the receipt of Tenders.
4.2
Prices must be firm (i.e. not subject to variation) for the period of the contract subject only
to any variation provisions contained in the contract documents.
5
Tender documentation and submission
5.1
Tenders must be submitted to cover all requirements covered in the specification
5.2
The goods and/or services offered should be strictly in accordance with the Specification.
Alternative goods and/or services may be offered but all differences between such items
and the Specification must be indicated in detail in the Offer Schedule.
5.3.1
Offers must comprise:
Schedule A
Schedule B
Schedule C
Schedule D
Schedule E
Schedule F
Schedule G
Schedule H
Schedule I (If applicable)
Schedule J (If applicable)
5.4
Please send 2 x paper copies and an electronic copy (CD or memory stick) of the complete
offer.
5.5
Bidders must adhere to the following standard requirements when submitting their Tenders:
i.
ii.
iii.
iv.
Do not embed documents within other documents. Instead provide separate
electronic copies of the documents clearly labelled and referenced if necessary.
The Tender must be in English and drafted in accordance with the drafting guidance
set out in this ITT.
The Tender must be uniquely named and referenced.
Each page must be single sided.
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v.
vi.
vii.
viii.
ix.
x.
Pages must be A4 in size or, where necessary, A3, folded in half.
The Tender must be fully cross-referenced and include a table of contents
The Tender must include a list of all supporting material
Electronic copies of the Tender shall be in Microsoft Office and PDF formats.
Bidders should use Calibri font size 11
Line spacing must be single spaced or more.
5.6
Where a word count limit is specified, Bidders should state how many words their response
contains. HQIP reserves the right not to consider any part of a response exceeding the word
limit. Words included within diagrams or other graphic representations will count towards
the word limit.
5.7
The Tender must be clear, concise and complete. HQIP reserves the right to mark Bidders
down or exclude them from the procurement if their Tenders are ambiguous or lack clarity.
Bidders should submit only such information as is necessary to respond effectively to this
ITT. Unless specifically requested, do not include extraneous presentation materials.
5.8
Tenders will be evaluated on the basis of information submitted by the deadline. Where
information or documentation submitted appears to be incomplete or erroneous or specific
documents are missing, HQIP reserves the right to request the Bidder to submit,
supplement, clarify or complete the information or documentation.
5.9
The Form of Offer must be signed by an authorised signatory: in the case of a partnership, by
a partner for and on behalf of the firm; in the case of a limited company, by an officer duly
authorised, the designation of the officer being stated.
5.10
The Form of Offer and accompanying documents must be completed in full. Any offer may
be rejected which:
i.
ii.
iii.
iv.
Contains gaps, omissions or obvious errors; or
Contains amendments which have not been initialled by the authorised signatory; or
Is received after the closing time
Does not indicate (by signature of the Form of Offer) full acceptance of the enclosed
HQIP Standard Terms & Conditions
5.11
Offers must be submitted in a plain sealed envelope, bearing the address label enclosed at
Section 4 with no indication by which the bidder can be identified.
5.12
Your offer must arrive no later than 12.00 noon on Friday 17th July 2015.
HQIP will at its discretion accept or reject late tender submissions on the return date, after
carefully considering the reasons for the delay in receiving bids. Such circumstances must be
brought to the attention of the Procurement Team immediately by email:
[email protected]
Generally late submissions will not be accepted and HQIP’s decision will be final.
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5.13
HQIP reserves the right to reject or disqualify a supplier, should the supplier:
i.
ii.
iii.
Fail to fully comply with the requirements of this Invitation to Tender (ITT), or
attempt to misrepresent any information contained in their bid.
Be found to be guilty of serious misrepresentation during their participation in the
procurement process for this Tender Opportunity.
Experience a change in their organisational registration, control or financial
standing.
5.14
HQIP doesn’t bind itself to accept the lowest price or any offer.
5.15
HQIP reserves the rights to award part or none of the objects of this contract.
6
Rebates/commissions
6.1
In any application of rebates and commissions, tenderers will be treated fairly and equitably
within their markets. Furthermore, agreement will be reached between both parties on the
process for relating payments to contractual activity.
7
Contract award criteria & Evaluation
7.1
This contract will be awarded on the basis of the most economically advantageous bid, the
award criteria are attached at Section 8.
7.2
You must be explicit and comprehensive in your response to this ITT as this will be the single
source of information on which responses will be scored and ranked. You are advised not to
make any assumptions about your past or current relationships with HQIP, nor to assume that
such prior business relationships will be taken into account in the evaluation procedure.
7.3
We may seek independent advice such as legal, financial, technical, market, etc. to validate
information declared or to assist in the evaluation.
8
Contract monitoring
8.1
HQIP is committed to helping improve the efficiency of contracted suppliers through sharing
information on performance measurement. The criteria for measuring performance shall be
agreed with the supplier/s and formally documented. It is possible that measurement
criteria will develop during the term of the contract - this will also be documented following
agreement with the supplier/s.
9
Sub-Contract
9.1
Bidders MUST outline in their response, elements that they wish to sub-contract. Subcontract relationships can be established, subject to the terms as outlined in the Deed of
Appointment (HQIP’s Terms and Conditions).
9.2
If an element (or elements) of the service need to be sub-contracted to a 3rd party, HQIP
requires the prime contractor to complete the Sub-Contract Template (Schedule J) for each
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subcontractor and to ensure that any agreement generated aligns with HQIP’s Deed of
Appointment (HQIP’s Terms and Conditions).
10
Termination / extension /variation of Tender Process
10.1
HQIP reserve the right, subject to the provisions of Public Contract Regulations 2015, to
change without notice the basis of, or the procedures for, the competitive tendering process
or to terminate the process at any time and where appropriate re-advertise the procurement.
Under no circumstances shall HQIP incur any liability in respect of this ITT or any supporting
documentation. We will not reimburse any costs incurred by you in connection with
preparation and submission of your completed ITT.
10.2
HQIP may at its discretion, extend the response time and date deadline to enable all
Suppliers to adequately prepare their submission.
10.3
HQIP reserves the right to vary the selection procedure to support continued competition,
avoid unnecessary bidding costs, and adhere to subsequent technical or legal guidance, or
for other reasons at its sole discretion (but subject to compliance with general European
Union (EU) principles on equal treatment, non-discrimination and transparency and
procurement law).
11
Publicity
11.1
No publicity regarding the award of any contract will be permitted unless and until HQIP has
given express written consent to the relevant communication. For example, no statements
may be made to the media regarding the nature of any Tender, its contents or any proposals
relating to it without the prior written consent of HQIP.
12
Bidder conduct and conflicts of interest
12.1
Any attempt by Bidders or their advisors to influence the contract award process in any
way may result in the Bidder being disqualified. Specifically, Bidders shall not directly or
indirectly at any time:
i.
ii.
iii.
iv.
v.
devise or amend the content of their Tender in accordance with any agreement or
arrangement with any other person, other than in good faith with a person who is
a proposed partner, supplier, consortium member or provider of finance;
enter into any agreement or arrangement with any other person as to the form or
content of any other Tender, or offer to pay any sum of money or valuable
consideration to any person to effect changes to the form or content of any other
Tender;
enter into any agreement or arrangement with any other person that has the
effect of prohibiting or excluding that person from submitting a Tender;
canvass HQIP or any employees or agents of HQIP in relation to this procurement;
and/or
attempt to obtain information from any of the employees or agents of HQIP or
their advisors concerning another Bidder or Tender (except for debrief information
requests made through [email protected].
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12.2
Bidders are responsible for ensuring that no conflicts of interest exist between the Bidder
and its advisers, and HQIP and its advisors. Bidders should notify HQIP promptly of any
possible conflict and the proposed steps that the Bidder believes can be taken to avoid the
conflict. Any Bidder who fails to comply with these requirements may be excluded from
the procurement at the discretion of HQIP. Please complete the declaration at Schedule G.
13
HQIP's rights
13.1
Subject to its obligations to act in a transparent, proportionate and non-discriminatory
manner, HQIP reserves the right to:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
waive or change the requirements of this ITT from time to time;
seek clarification or documents in respect of a Bidder's Tender;
disqualify any Bidder that does not submit a compliant Tender in accordance with
the instructions in this ITT;
disqualify any Bidder that is guilty of serious misrepresentation in relation to its
Tender, expression of interest, the PQQ or the procurement process;
withdraw this ITT at any time, or re-invite Tenders on the same or any alternative
basis;
exclude any Bidder who no longer passes the PQQ selection criteria;
choose not to award any contract as a result of the current procurement process;
and
make whatever changes it sees fit to the timetable, structure or content of the
procurement process.
14
Bid costs
14.1
HQIP will not be liable for any bid costs, expenditure, work or effort incurred by a Bidder in
proceeding with or participating in this procurement, including if the procurement process
is terminated or amended by HQIP.
15
Language
15.1
Tenders, all documents and all correspondence relating to the Tender must be written in
English.
16
Transparency
16.1
In accordance with the Public Contracts Regulations 2015 and the Government’s policy on
transparency, Bidders should be aware that HQIP intends to make the ITT and details of
any subsequent contract publicly available, by publication on the Government's Contracts
Finder portal.
17.
Governing Law and Jurisdiction
17.1
This ITT and any dispute concerning it (including non-contractual disputes or claims) shall
be governed by English law and subject to the jurisdiction of the English Courts.
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