Patents relate to the protection of ideas. A patent must be applied for and, if granted, may last for 20 years (subject to renewal every four years); it is granted to an inventor or his/her employer for a product or process which must be new, inventive and capable of industrial application, for example a machine part or manufacturing process. A patent gives the patentee (holder of the patent) the right to prevent anyone else from making, using, selling or importing any goods or processes which include the patented invention. A patentee may grant licences to make, use or sell goods or processes including the patented invention. The ownership of a patent may also be transferred in which case the new owner acquires the full rights as above. Licensees usually agree to pay a royalty or royalties for the commercial use of the patented invention.

Copyright relates to the protection of works. It exists automatically when the work to which it relates is created, usually without any requirement for registration, in any literary, musical, dramatic or artistic work (including compilations, databases, machine drawings and computer programs) created by their "author". The owner of the copyright, who is in the first instance normally the author, (except where the author of a work is an employee who creates the work in the course of his employment - then the employer is the first owner) has the right to prevent anyone else from copying the work but cannot prevent anyone from creating a similar or identical work without copying. "Copying" includes photocopying and other forms of reproduction, whether in hard copy or electronic form. It is normal practice to include a copyright notice. The ownership of copyright can be transferred and licences can be granted to use or copy copyright materials (e.g. program licences). Copyright generally expires 70 years after the death of the author but duration can differ depending upon the nature of the work (e.g. sound recordings) and whether the author is known or where the work is Crown or Parliamentary copyright.

Registered designs aim to protect the appearance of articles made to the design and where those designs have a novel aesthetic element (e.g. the appearance of a piece of equipment), which is not dictated by the function of the article. Registration must be applied for and it provides protection for up to 25 years (renewable every five years). The holder of the registration has the right to prevent anyone else from making, using or selling any goods which include the registered design, and he may grant licences to make, use or sell goods including the registered design. The ownership of a registration may also be transferred giving the new owner the full rights as above. Royalties are also usually payable by licensees.

Design rights are rights similar to copyrights in that they arise automatically without any requirement for registration and are similar to (but not the same as) registered designs, in that they protect the design of an article provided that it is not a feature which enables the article to fit with or match with or form an integral part of another article. The design must be recorded in a design document and must be original. The protection lasts for (a) 15 years from the end of the year in which the design was first recorded or an article was made to the design, which ever happened first, or (b) if articles made to the design are sold or hired out within five years of the end of the year in (a), then at the end of 10 years from the end of the year in which the first sale or hire took place.

The Semiconductor Regulations are grafted onto the design right provisions and protect the design of the layout or pattern of the material layout of a semiconductor product. The protection lasts for the same periods of time as design rights subject to the same conditions.

Performers have rights in their performances. They can prevent their live performances from being recorded or broadcast or included in a cable programme service. They have rights in respect of copies of recordings made without their consent.

Trade marks are visual symbols, such as brand names or logos, used to distinguish the goods or services to which they relate from those of other businesses. Marks must be distinctive and unlikely to give rise to deception or confusion amongst the general public. They can be registered or unregistered. Protection of a registered trade mark is maintained provided that the mark is in use and the registration is renewed by payment of renewal fees in the case of some old marks, after 7 years, and in the case of newly registered marks, every 10 years. The holder of the registration has the right to prevent anyone else from using the registered trade mark in association with their goods but can license the use of the trade mark. The ownership of a registered trade mark can also be transferred. Ownership of rights in an unregistered mark may also be transferred but this usually only occurs with a transfer of business goodwill. Rights in the unregistered trade mark are protected by way of an action for passing-off. This requires a person to show that another person is using the mark in relation to similar goods or services so as to pass off his goods or services as those of the owner of the unregistered mark. It is sometimes necessary to indicate that a trade mark is registered whenever it is used.

Confidentiality allows valuable information to be protected from unauthorised disclosure or use. Any person can classify certain types of information as confidential. The information must not have become publicly available before it is classified. Confidential information can be disclosed to another person under a confidential relationship, which is either established by a written agreement or created verbally or by circumstances. If a person knowingly receives confidential information from another he must not disclose that information to any third person nor use it without the consent of the provider of the information, except as allowed for under the terms of the confidential relationship established. The original possessor of confidential information has the right to take action against misuse of the confidential information.

Background

The aim of these notes is to provide guidance on the use of the various procurement forms and documents currently in use.  The terms "forms" and "documents" (including letters) are used in a general sense and cover all of the various document formats used for procurement purposes – both internally and those issued to suppliers. This paperwork should take the place of any local desk instructions issued by any Units.

Over the last few years, with the increasing use of I.T. and the introduction of ORACLE Financials many of the previous forms – some of which were printed, are no longer in use.  In fact, at this point in time, there are no longer any printed forms or documents – all are accessed electronically.

The documents listed are in chronological order of use. Some of these are MENTOR forms and can be accessed from the MENTOR DTInet site (this site is only available to users of the DTINet). Others are PPS produced forms also accessed via DTInet.

Purpose

The PF30 - Invitation to Tender/Quotation Request is a letter that is issued to all prospective bidders when requesting a bid or tender for required goods and services.  It will of course be preceded by a business case obtaining authority for the work in the first instance.  The current guidance is that an estimated piece of work less of than £10,000 can be obtained by requesting informal quotes – using the above letter.  However for work estimated to cost more than £10,000 the same letter should be used specifying the need for a formal  tender response.

Use

Complete all information on the front page of the letter in respect of to whom it is addressed as well as your own details – as originator.  There is also space for a DTI reference number, "DTI Ref", in which a specific competition or file number may be entered. The heading on the letter reflects the details of the particular requirement.  The letter may also contains attachments some of which are detailed below.  The letter specifically requires the bidder to make a formal declaration of his offer.

Give each prospective bidder a unique "ITT No".

Send one duly completed form to each prospective bidder, together with any specification or relevant Terms and Conditions of Contract, as will be indicated on the front page. Where applicable, enclose any documents, patterns or samples, which should also be listed in an accompanying schedule and indicated on the front page.

Retain a copy of the front sheet of this form before sending it to the bidder and place it on file.

Mentor Form AP1a - DTI Supplier Information Form

Purpose 

The Mentor AP1a - Supplier Information Form accompanies the PF30 and is sent to each prospective bidder.  It captures information about the supplier at the same time as bid submission.  It requests basic data such as the company name, VAT number, address and bank details.  In addition it captures information in respect of the predominant gender of the owners as well as ethnicity (if known).  The total number of full time employees is also requested.  Much of this information is required for data analysis purposes.

Use

Once the requested information is received and, only if the particular bidder is the one chosen for contract award, is the information transferred to the supplier database via the on-line AP1 form.

Mentor AP1 - DTI Supplier Maintenance Form

Purpose

The Mentor AP1 - DTI Supplier Maintenance Form is used once the supplier has been selected. It provides AMEY with the information requested on the AP1a form.  It is an on-line form and essentially transfers the supplied data received from the AP1a form to a supplier database on the Mentor system.

Use

This is a case of  entering the MENTOR forms system and arranging for the information to be input to the AP1 and then onwardly transmitting to AMEY data maintenance. Before doing so you must check to ensure that the supplier does not already exist on the system.  Even if they do you must check to see if any details have changed such as bank account numbers.  If so this needs to be recorded on the form  When received by AMEY they will arrange for the new supplier or amended details of an existing  supplier to be added to the supplier database.

Purpose

These are the Department’s standard terms and conditions and should be used for all DTI contracts.  They have been drafted by the Department’s lawyers and afford maximum protection to the Secretary of State.

PF31 - Standard T&Cs of Contract for Service relates to the procurement of all services, including consultancy services.

PF32 - Standard T&Cs of Contract for Supplies relates to the provision of supplies or goods.

Use

Enclose a copy of the appropriate Terms and Conditions with the Invitation to Tender/Quotation Request (PF30) in the case of competitive tendering.   If an order is being placed after receipt of an oral quotation or if for any reason you have not issued the standard PF30 form, send a copy with the Purchase Order.  Potential bidders can access both of these forms from the DTI Website.

Purpose

The PF50 - Summary of Tender Opening form is for the Tender Opening Board to formally record the details of the tendered bids opened.

Use

Once the Tender Opening Board has been convened and prior to opening the bids, a member of the Tender Board should enter details of the tender subject, title of work and each bidder's name and/or ITT number on the form.  Once the bids have been opened, the information contained therein is recorded in the appropriate columns in the form.  The form requires signatures that once completed should be filed for MATRIX purposes.

Purpose

The Mentor PO1 - DTI Purchase Requisition Form is used once the supplier with whom the Purchase Order is to be placed is selected.  This form initiates a process in which the budget holder agrees the proposed contract by authorising the requisition. This process goes on to produce the physical Purchase Order.

Use

This is another on-line MENTOR form. Once the details of the goods or services required from the supplier are finalised, the “contract” information is entered on this form. Enter ALL information including supplier name, details, the item(s)/services required, the quantity, the price and other details.  Once completed the form is transmitted electronically to the budget holder (Key Control 1 –KC1) who gives financial authority to proceed with the purchase. 

Purpose

The Mentor PO3 - DTI Amend Purchase Order Requisition Form is used if you need to amend an existing Purchase Order for any reason

Use

An on-line MENTOR form that records the number of the Purchase Order that is to be amended and the details of the amendment. The form requests the specification of the line number to be amended or any new lines that are to be added and the relevant details for each.  The process is then the same as that for the PO1 as the form is transmitted electronically to the KC1 who gives financial authority to proceed. Finally an amended Purchase Order is produced.

Purchase Order - Contract Offer Letter

Purpose

Following on from production and approval of the Purchase Order Requisition, the Purchase Order - Contract Offer Letter is forwarded to the MUFO or the individual who has the required delegated financial authority to approve production of a Purchase Order – the Key Control 3 (KC3).  This approval allows production of the purchase order.

Use

The Purchase Order is the final document in this chain. It is sent to the chosen contractor and represents the acceptance of their offer.  There may be circumstances when it is deemed inappropriate to issue a Purchase Order and a letter would better suffice. The Contract Offer letter can be used as a substitute to or in conjunction with the Purchase Order.