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I NVITATION TO TENDER 2 nd Call for Space for Smarter Government Programme (SSGP), for the Environment Focal Area Issued 6 th October 2014 Closing date 31 st October at 16:00
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Page 1: 2 Call for Space for Smarter Government Programme (SSGP), for … · 2019. 8. 21. · The Space for Smarter Government Programme is making up to £250k available (via the UK Space

INVITATION TO TENDER

2nd Call for Space for Smarter Government Programme (SSGP), for the

Environment Focal Area

Issued 6th October 2014

Closing date 31st October at 16:00

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SPACE FOR SMARTER GOVERNMENT PROGRAMME (SSGP)

2ND CALL, FOR ENVIRONMENT FOCAL AREA

Closing Date for tenders: Friday 31st October 2014 at 16.00

1) Introduction

The Space for Smarter Government Programme is making up to £250k available (via the UK

Space Agency) for up to 5 projects that contribute towards its Environment Focal Area goals by

March 2015.

The Space for Smarter Government Programme (SSGP) is a UK Space Agency-led programme

delivered in collaboration with the Satellite Applications Catapult. The ambition is to help the public

sector create sustainable operational services from satellite data and products to enable smarter,

more efficient operations, reduce risk and enhance policy making. A key goal is to make use of

existing investment in space, such as the Copernicus programme and the Sentinel satellites, and

allow UK government to become a first intelligent customer for satellite products and services that

could generate economic growth through export. More information on the programme can be found

on our website www.spaceforsmartergovernment.uk

The neutral SSGP team works to foster relationship with Government Departments and Agencies

as well as with industry experts to identify public sector requirements and strategic opportunities.

For the Environment Focal area SSGP have worked with Defra as the primary customer.

Defra’s key aim is to support the growth of the economy. Defra’s four main policy priorities are (a) Leading the world in food and farming; (b) Protecting our country from floods and animal and plant diseases; (c) Improving the environment; and (d) Championing the countryside and improving rural services. Defra has responsibility as the lead government department for activities and policy at the international level for two major EO initiatives; Copernicus (formerly known as GMES – Global Monitoring for Environment and Security), and the Group on Earth Observations (GEO)

Supporting and promoting Earth Observation activities – and collaborating across national and international networks to ensure these activities are made the most of – feeds into these objectives. In addition there is a growing need for environmental data use within and across Defra functional areas and there is work underway to raise the profile of Earth Observation potential in the department.

The Defra EO team is working with the UK Space Agency, SSGP, and the Satellite Applications Catapult to stimulate uptake of EO data, and to provide solutions to environmental policy needs. A key driver for this programme is the availability of new data sources such as the EU/ESA Copernicus programme and high resolution all weather radar systems. Several initiatives are ongoing in EO applications for monitoring and surveillance and meeting user needs at local and higher policy level, and there are opportunities with the freely accessible Copernicus satellite data that might help meet some of these needs.

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Tender Requirements

This invitation to tender is looking for proposals to fulfil five key requirements within the SSGP Environment Focal Area. These requirements have been selected as a result of a strategic review of the areas where using EO could make the biggest difference in terms of saving money or innovation and where the end users are willing to participate in the studies.

All the projects will be overseen by a Defra and SSGP team to ensure they align with, support and develop the longer term strategic vision of use of EO across the Defra network.

The Environment Focal Area has developed a list of projects that not only fit the strategic

requirements of Defra but also with those of SSGP. Each of these projects is a significant step

towards operationalizing EO within the Environment policy, regulation and management sector.

The projects complement the existing ongoing work already funded by Defra in areas such as crop

selection, Greenhouse Gas monitoring from agriculture and site selection for offshore wind farms.

The new work includes two strategic capability building projects, looking across the whole Defra

network, and 4 specific business areas where investment is likely to realise early benefits and

could act as exemplars and case studies for other policy areas / other government departments.

SSGP is inviting tenders that will fulfill the objectives laid out in the five individual requirement areas

below:

SSGP 1. Hub and spoke data/mapping service – See Annex 1

SSGP 2. Use of EO for greening the CAP and compliance checking – See Annex 2

SSGP 3. Developing an operational service, using SAR data, for routine monitoring of land

management in the uplands – See Annex 3

SSGP 4. Business case development for a Centre of Excellence for the Defra Network– See

Annex 4

SSGP 5. Use of space applications for catchment sensitive farming – See Annex 5

SSGP, via the UK Space Agency, has assigned up to £250K to cover the cost of funding all of

these projects. Project costs are estimated to be between £20K and £80K each and tenders will

be assessed against value for money.

All tenders must demonstrate how they will work with SSGP and the Defra EO team to ensure

project outcomes remain within scope and meet with key customer requirements, the wider Defra

strategy for the use of EO and deliver a case study for SSGP to use in the wider context

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NOTES FOR GUIDANCE, TERMS AND CONDITIONS

2) Eligibility

The invitation is open to tenders from individuals, organisations and consortia based in the UK. If

the bid does come from a consortia one overall lead will need to be identified.

Bidders must be able to provide auditable accounts for the past three years (where appropriate)

and hence individuals must have support of their sponsoring organisation or work in partnership

with an organisation that can receive the funds.

Eligible organisations include academic or research institutions (including universities, research

councils), charities, trusts, companies (including not-for-profit), which must be compatible with

State Aid rules.

3) Awards

We welcome bids that may use additional funding from other sources or those that identify

opportunities to continue the work e.g. through ESA IAP or Horizon 2020 programme. This should

be explicitly documented in the submission.

Awards may cover all types of expenses, including contributions to salaries and overheads, costs

of materials, travel and subsistence.

Awards may not cover fees for people already in paid employment where the proposed work could

be reasonably undertaken as part of their normal duties; unclear costings and those which do not

appear to be based on valid estimates; expensive items (e.g. equipment or buildings) unless they

are intrinsic to the success of the project; projects that would go ahead even without UK Space

Agency funds.

Awards will be given in the form of a contract or grant (depending on the nature of the proposal or

applicant) from the UK Space Agency to the lead organisation. Bids must adhere to the UK Space

Agency terms and conditions as set out in the Terms and Conditions document.

It is expected that successful tenders will be notified in November 2014 with the expectation that

projects are run between January and March 2015.

Payment is usually made in arrears, on completion of the project and receipt of the completed final

report or deliverable and invoices/receipts indicating how the funding has been used.

‘Interim payments’ may be made, especially if the project requires payments against invoices for

large items or against certain milestones. These should be arranged with SSGP as soon as the

proposal has been successful and before spending against the award begins.

4) Criteria and Review

Tenders will be judged by a Steering Group of representatives from SSGP and the Defra Network.

The Steering Group will meet in mid-November to assess each tender. The assessments will be

against a set criteria and tenders should demonstrate they:

Deliver the outcomes of the project proposals by March 2015

Understand the background and purpose of the project

Have a credible work plan

Have the capacity to fulfil the objectives of the work

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Have relevant skills and experience within the project team

Have adequate planning and management and credibility of project schedule

Have the ability to or have an identified route to becoming a service

Bids that have identified future or secured leverage funding from other organisations for phases

beyond March 2015 will be encouraged.

It is a requirement of the funding award that projects run between 1st January and 31st March

2015.

SSGP cannot guarantee that additional funding would be made available for any subsequent

phase but would work with Defra and its own programme board to encourage ongoing support if

deemed appropriate based on the outcomes of the project and the advice of the Steering Group.

Terms and Conditions can be found in Annex 6.

THE APPLICATION TIMING AND PROCESS

5) Submitting your application

Stage 1

All tenders should have a covering letter which includes:

o The title of the project they are bidding for

o A summary of the project plan and outputs

o Proposed spend

o A statement of acceptance of the SSGP 2nd Call Terms and Conditions.

The actual tender must include, but is not limited to, the following headings:

o Executive summary

o Project plan

o Detailed project finances (using the attached excel spreadsheet)

o Company/organisation background and CVs of key personnel

o Eligibility and financial eligibility

o A communications plan detailing how they will work with SSGP and the Defra EO

team

o Resources for a project output that can be used as a case study for wider use

o Provision for a final project meeting

Tenders must be supplied to SSGP no later than 16:00 31st October 2014.

Please complete and submit your proposal by email for the attention of Jimmy Slaughter at

[email protected]

An acknowledgement of receipt will be sent within one working day.

Stage 2

Applicants will be advised of the SSGP and Defra EO Steering Group Review results as soon as

possible after all tenders have been assessed – expected middle of November. The Steering

Group’s decision is a final recommendation to the UK Space Agency.

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Stage 3

Contract negotiation with UK Space Agency December 2014.

Stage 4

Project starts January 2015 and completes deliverable/s by end March 2015 including final

meeting and case study results.

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LIST OF ANNEXES

Annex 1. SSGP 1. Hub and spoke data/mapping service

Annex 2. SSGP 2. Use of EO for greening the CAP and compliance checking

Annex 3. SSGP 3. Developing an operational service, using SAR data, for routine

monitoring of land management in the uplands

Annex 4. SSGP 4. Business case development for a Centre of Excellence for the Defra

Network

Annex 5. SSGP 5. Use of space applications for catchment sensitive farming

Annex 6. Terms and Conditions

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ANNEX 1 TO SPACE FOR SMARTER GOVERNMENT PROGRAMME (SSGP)

2ND CALL, FOR ENVIRONMENT FOCAL AREA

PROJECT PROPOSAL FOR THE SSGP ENVIRONMENT FOCAL AREA

1. General Information

A. Project Title and Number:

SSGP 1. Hub and Spoke data/mapping service. Detailed Definition Study.

B. Overall Project Abstract: Short non confidential summary to clearly explain the overall objectives of the proposal

Several studies have been undertaken in the past on EO data requirements, applications within

the Defra network, and on the hub and spoke concept, including:

1. Defra EO strategy studies on Land Marine and Atmosphere applications 2. Outputs from the Making Earth Observation Work for UK Biodiversity (MEOW) project

3. An earlier study on potential hub and spoke applications

Outputs from points 1 and 2 can be downloaded from the links below. Outputs from 3 will be

made available to the successful contractor on project KO

1. http://archive.defra.gov.uk/evidence/gi/earthobservation/index.htm

2. http://jncc.defra.gov.uk/page-6279

The purpose of this study is to consolidate these inputs into a detailed review of options for the

(Hub and Spoke) system, including a requirements specification, technical architecture options

and business case. This options review is intended to be used to define future steps in

implementation of the system and as a basis for proposals for future funding.

The primary output of this work will be a report to Defra and the UKSA SSGP exploring the

feasibility of the Hub-and-Spoke model for the Defra network. The report will provide details

about the development of the data hub, including data acquisition, informatics, management and

data publication / delivery. High level cost-benefit analyses for the sustained operation of a

range of models for the hub will also be required

C. Background and Context

How will the project outcomes align with Defra policy and operational priorities?

Defra, JNCC, the UK Space Agency and others have recently been working together to

determine ways of making better use of Earth Observation (EO) data to deliver policy needs.

There are several initiatives ongoing in EO application for monitoring and surveillance and

meeting user needs at local and higher policy level, and there are opportunities with the freely

accessible Copernicus satellite data that might help meet some of these needs. The

requirements and timescales in these ongoing initiatives need to be explored. Furthermore,

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there are governance and data accessibility issues with implications for establishing a realistic

joined-up and fully integrated approach for effective and efficient delivery of policy needs.

Many of the policy, research and monitoring requirements could be met with information derived

from similar input data. Therefore, to improve the economic viability of these applications the

concept of a “Hub and Spoke” system has been proposed which would centralise certain

functions such as data ordering, pre-processing and storage in the hub while specific

applications would operate as spokes, drawing data from the hub for their needs.

Two related pieces of strategic Defra work relating to Earth observations are also being

undertaken:

• A study to explore where demands and capabilities are for EO data in the Defra network

with a view to supporting the uptake of Copernicus services in the network.

• The “One Monitoring” work stream which is seeking to identify efficiency gains in

monitoring through improved / integrated working processes across the Defra Network.

D. Outcomes of the project, deliverable by March 2015:

The work will be split into five main components as described below. 1. Information gathering The contractor will be required to gather the necessary information needed to undertake the study, from existing documents and from consultation with stakeholders. The contractor will liaise closely with the Defra Earth Observations team and the teams delivering the other two pieces of strategic Defra work. In addition to the reference documents provided in this ITT the contract shall gather other relevant documents describing user requirements, or describing similar systems in place in other application domains or countries. The Contractor shall undertake a series of consultation meetings with key stakeholders across the DEFRA network (DEFRA, EA, NE, JNCC, CEFAS, FC, Kew, RPA and FERA) throughout the course of the study. It is expected that as part of the information gathering exercise the contractor will hold at least one meeting with each of these stakeholders. The organisation of these meetings will be facilitated by DEFRA. From these meetings the contractor is expected to identify the key requirements and current activities. DEFRA have already compiled an outline of the main areas of existing work. Additionally, the contractor will be expected to expand this list, to include others with experience in this area (both as consumers of the data and suppliers), using its own knowledge and experience. The outputs from this phase should include:

• An updated version of the projects across the DEFRA network with a requirement for EO data with further details of the data supply and processing chain

• A review of existing mechanisms for the supply of EO data in terms of functionality and user experience

2. Requirements Specification On the basis of the information gathered in the first phase, the contractor shall establish a user requirements specification for the system. The requirements will be based upon a series of core applications which will be agreed at the beginning of the project. These applications are likely to include:

• Habitat extent and condition monitoring

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• Catchment sensitive farming • Flood management • CAP related monitoring and assessment • Agricultural statistics • Forest management • Drivers of marine ecosystems (eutrophication, suspended sediment etc)

The specification will cover the functional, performance and interface requirements of the system. It should set out the requirements for:

The required filters for defining any subsets of data required

The degrees of processing of data

The formats the data should be provided in

The mechanisms of data supply including the

The need for audit trail / archive of historic data

The anticipated level of demand Outputs from this phase:

A summary of the requirements across the DEFRA family 3. Architecture Options The contractor shall analyse a number of possible technical architectures for the system based on analogous systems. Prior to commencing this stage, the contractor should agree with DEFRA precisely which options will be explored. A trade-off study shall be undertaken to identify the strengths and weaknesses of the different technical architectures. The options should include consideration of the following aspects:

Physical infrastructure required to underpin the facility including the degree of federation of infrastructure (reuse of facilities in place elsewhere) and the overall disc capacity required

Software components and identification of potential sources, including commercial and open source options

The extent of investment in the user interface including reuse of existing systems

Reliance on or duplication of existing systems and facilities

Formats the data would be available in (including the degree of processing)

Access options including open on-line download, controlled download, physical delivery.

Scalability in terms of data volume and user demand

Archive options

Data refresh frequency A cost benefit analysis of each option should be carried out which should include:

Indicative set up costs for the option – this should include both the hardware (infrastructure) costs and software including any customisation of this.

Estimated running costs including hosting, bandwidth, data refresh and transformation

Estimated savings across the network on the basis of current demand

The extent to which the approach meets other policy drivers including INSPIRE and the more general Open Data strategy

Any risks or dependencies around the option

Any additional benefits arising from the approach The contractor will, on commencement of the work, discuss with Defra’s data architect Defra’s current and planned approaches to data delivery. There should be a regular dialogue with the data architect through the development of the options paper.

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4. Business Case Elements Based on the emerging requirements and architectures, the contractor shall prepare key elements of the business cases for the preferred options that will be required to secure investment in any operational roll-out of the system. As an initial step the contractor should analyse which requirements for the system, and aspects of the architecture could be serviced by existing capabilities, either within or outside the Defra Network. Elements of the business case shall include: • Costs of external data requirements • Capital investment costs • Recurring operational costs • Dependencies on other Defra network systems 5. Action plan As a final step a recommended action plan for rolling out the system should be compiled, identifying any scope for incremental roll-out and specifying priority applications to be serviced.

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ANNEX 2 TO SPACE FOR SMARTER GOVERNMENT PROGRAMME (SSGP)

2ND CALL, FOR ENVIRONMENT FOCAL AREA

PROJECT PROPOSAL FOR THE SSGP ENVIRONMENT FOCAL AREA

A. Proposal Title and Number:

SSGP 2. Use of EO for greening the Common Agricultural Policy (CAP) and compliance

checking

B. Overall Project Abstract:

Short non confidential summary to clearly explain the overall objectives of the proposal

The current EU CAP reforms are introducing new subsidy schemes in 2015 that will be more

complex and more challenging to administer and control. More geographic information will need

to be captured, maintained and validated on an ongoing basis by RPA. As part of the new CAP

reforms the total payment to farmers will be made up of a Basic Payment Scheme (BPS)

payment and a Greening payment. For farmers to obtain the Greening payment they must meet

the Greening rules. There will be three Greening rules - Crop diversification, Permanent

grassland and Ecological Focus Areas (EFAs).

Crop Diversification – Between 10-30ha of arable land, at least 2 crops on arable land,

largest crop must not cover 75% of the farms arable land. More than 30ha of arable land,

at least 3 crops on arable land, largest crop must not cover 75% of the farms arable land,

the two largest crops together must not cover more than 95% of the farms arable land.

Permanent Grassland – Must not fall below 5% nationally.

EFA – To designate areas and/or features to be equivalent to at least 5% of the total

arable land declared on the BPS application, and can include buffer strips, nitrogen fixing

crops, hedges, fallow land, catch and cover crops.

As area-based subsidy scheme administration is centred on evolving geospatial data, technology and concepts, RPA must become more geospatial centric and capable to effectively control the new schemes. To do this, an assessment on the latest earth observation techniques and data is required to determine business opportunities that could improve the RPA’s effectiveness of controls; reduce the agencies operating costs; and reduce European Commission financial penalties on UK govt.

Can different earth observation techniques and data be used on a national scale as a repeatable business process on new Greening elements of the Basic Payment Scheme? If so, how?

Is there earth observation data that can be used to fill the gaps or supplement aerial photography flown for UK govt, in order to improve the overall national currency of mapping? If so, how is it obtained?

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C. Background and Context

How will the project outcomes align with Defra policy and operational priorities?

The Rural Payments Agency (RPA) administers CAP schemes for England. Under the Common

Agricultural Policy (CAP), large amounts of aid are paid to farmers. The principal mechanism for

such payments is through the current Single Payment Scheme (SPS), (which is due to end at

the end of 2014). Under this Scheme, farmers submit an annual application for aid to the

appropriate paying agency listing all their eligible agricultural parcels, their areas and their land

uses. The aid is funded by taxpayers throughout the European Community and the amount paid

to each farmer is calculated on the basis of the number of payment entitlements they hold, the

size of their agricultural areas and the specific land uses. It is therefore incumbent upon Member

States to ensure, through on-the-spot checks, that the aid is only paid to those farmers who are

eligible to receive it and that the amounts are correct – indeed, the need for such checks is

enshrined in the relevant EC Regulations. These require that Member States undertake on-the-

spot checks on at least 5% of SPS claims. They further require that between one fifth and one

quarter of this 5% are selected randomly, while the remainder are selected by risk. Member

States are required to ensure their risk criteria remain effective via an annual review.

Prior to 1992, all the on-the-spot checks that needed to be made on farmers’ land were

undertaken by physical inspections. Since 1992, remote sensing techniques have also been

used (and are also classified as ‘on-the-spot’ checks, to distinguish them from office-based

checks) because of the benefits they bring. The European Commission has promoted the use of

“Control with Remote Sensing” (CwRS) as the key method to check if EU CAP area-based aids

are correctly granted. The EC Joint Research Centre (JRC) Monitoring Agricultural Resources

(MARS) unit is responsible for coordinating CwRS activities across the EU CAP paying

agencies.

For the 5% on the spot checks using CwRS, the EC JRC provide member states with the

imagery. Very High Resolution (VHR) Satellite Remote Sensing (SRS) data are used for land

parcel measurements. High Resolution (HR) SRS data are used to support the checks of land

cover type or checks of Cross Compliance [i.e. Statutory Mandatory Requirements (SMRs)

and/or Good Agricultural and Environmental Conditions (GAECs)] .(The imagery that is acquired

by the member state paying agencies can be made available to contractors)

Another purpose of the Satellite remote sensing data is to allow member states to update and

assess the quality of their Integrated Administration and Control System (IACS) Land Parcel

Information System (LPIS). For this purpose, only VHR images is used; either those acquired for

the on-the-spot checks or “extra” images specifically acquired for this exercise.

The 5% on the spot checks undertaken by paying agencies are a regulatory quality control sample to assess the validity of the claims. Paying agencies are also required to ensure that the other 95% claims are effectively controlled and the registers (containing business data) are up to date and accurate, which is more challenging than the on the spot controls. For example, the LPIS is a GIS that contains 2.3million land parcels and 1 million in-field landscape features, and is used to validate the subsidy applications. Aside from the considerable financial benefits of correct BPS assessments, see below, the data gathered and level of processed imagery will also be of value to Natural Capital, Land Mapping and crop identification.

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1) EU Disallowance avoidance – RPA/Defra is currently fined/disallowed circa £80m-£100m

by the European Commission for not correctly applying controls and administering the subsidy schemes. This is largely due to incorrect inspection, not correctly mapping field boundaries and land scape features into the LPIS, incorrect determination of areas for payment.

2) Reduction in manual on farm visits – RPA spends considerable sums of money on physically inspecting farms to survey/check boundaries, landscape features and crops. RPA has 240 inspectors across England that undertake these checks each year. Remote sensing checks are more cost effective than on the ground checks. Click on the link to see the guide to Greening the CAP

D. Outcomes of the project, deliverable by March 2015

This business case is requesting funding for a project that will deliver the following intermediate outcomes:

Evaluation on whether further remote sensing could make a contribution to the control of the greening components of the BPS scheme.

Evaluation on whether further remote sensing data is freely available and of sufficient quality for the LPIS (Land Parcel Information System) update regime.

Consideration on whether remote sensing could completely remove the need for an on farm inspection, whether a limited inspection is appropriate or whether a full inspection is needed.

Consideration on the technical needs for remote monitoring – resolution, frequency, timing, delivery, processing and other parameters required to monitor the features within the constraints (tolerances, payment timetable etc.) of the BPS system and update of the LPIS.

Commentary on how best to integrate further remote sensing checks and concepts into the monitoring system, which may have implications for the sampling system adopted and for the downstream processing chain.

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ANNEX 3 TO SPACE FOR SMARTER GOVERNMENT PROGRAMME (SSGP)

2ND CALL, FOR ENVIRONMENT FOCAL AREA

PROJECT PROPOSAL FOR THE SSGP ENVIRONMENT FOCAL AREA

1. General Information

A. Project Title and Number:

SSGP 3. Developing an operational service, using SAR data, for routine monitoring of

land management in the uplands

B. Overall Project Abstract:

Short non confidential summary to clearly explain the overall objectives of the proposal

Overall Objective; To establish operational monitoring programme to track environmental

impacts of land management in English uplands.

How; Confirm feasibility of using radar imagery to detect moorland burns by comparing burn

maps from Sentinel 1 with in situ and aerial validation data; and establish operational workflows.

The project should also test time series radar images for detection of other impacts – including

track construction. Share results and processes with RPA to establish wider application for CAP

compliance monitoring.

C. Background and Context.

How will the project outcomes align with Defra policy and operational priorities?

Aspects of upland management such as heather burning are subject to regulation to moderate environmental impact – this project will improve policy impact through more effective monitoring and regulation, leading in turn to improved environmental outcomes. Using Sentinel data provides a cost effective alternative to using commercially acquired imagery. As well as reducing environmental risks the project has the potential to reduce risks to landowner through non-compliance by early detection of changes close to permitted limits. Using Earth Observation imagery to routinely monitor environmental change in the uplands has been limited by both cost of imagery and unreliability of supply due to cloud cover – the availability of Sentinel 1 radar data now offers the opportunity to overcome both these barriers. Building an operational programme based on using Sentinel data will test and demonstrate many generic and practical aspects of exploiting the data and services from Copernicus which will have wider applicability. The use of radar data for terrestrial natural environment monitoring is an under-explored area – and this project will help define the potential.

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D. Outcomes of the project deliverable by March 2015

By March 2015 the project will:

Report on testing the use of Sentinel 1 data against already collected ground truth data and other imagery for the North Yorkshire Moors and Peak District.

Produce national map of burns from winter 14/15 burning season and generate statistics on total areas and breakdown by slope class and burn size.

Establish workflows and analysis processes and integrate into environmental management business processes covering regulation, agri-environment monitoring and feedback to landowners.

Validation data is available from existing process using digital aerial photography and a trial using test radar data from NERC for the North Yorkshire Moors. It is noted that the burning season ends in April so it will not be possible to generate a comprehensive burn map for 14/15 before March. If utility of Sentinel 1 data is confirmed then the project will proceed with subsequent steps to produce baseline national map and develop operational workflows and wider applications.

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ANNEX 4 TO SPACE FOR SMARTER GOVERNMENT PROGRAMME (SSGP)

2ND CALL, FOR ENVIRONMENT FOCAL AREA

PROJECT PROPOSAL FOR THE SSGP ENVIRONMENT FOCAL AREA

1. General Information

A. Project Title and Number:

SSGP 4. Business case development for a Centre of Excellence for the Defra Network

B. Overall Project Abstract: Short non confidential summary to clearly explain the overall objectives of the proposal

The project will work with Defra, the Environment Agency and the wider Defra

Network to explore how a “centre of expertise” within the Defra Network might

provide opportunities to promote satellite use in a more integrated and cost-

effective approach. The project will explore the practicalities of such a centre

operating across the Defra Network, defining the necessary governance,

skills, capability and infrastructure and seeking to exploit where these already

exist within the network.

C. Background and Context:

How will the project outcomes align with Defra policy and operational priorities?

Defra is seeking to increase its use of Earth Observation, as part of its strategic challenge to access impactful evidence with reduced budgets. There are two related pieces of strategic Defra work: • A study to explore where demands and capabilities are for EO data in the Defra network with a view to supporting the uptake of Copernicus services in the network. • The “One Monitoring” work stream which is seeking to identify efficiency gains in monitoring through improved / integrated working processes across the Defra Network. Both these areas of work will identify opportunities that will help the Defra network deliver its business more efficiently and cost effectively, and do so in a coordinated fashion, in keeping with the Defra One Business/One Evidence ethos. The reports for both these areas of work are expected in December.

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D. Outcomes of the project deliverable by March 2015: (max. 200 words)

The project will be expected to draw on evidence to report on the potential

roles, benefits and costs of a centre of excellence and demonstrate the

potential added value in relation to the current spread of expertise and the

current and future rules of the private sector and other public sector players

(e.g. research councils). The report will also need to demonstrate how current

working practices might be successfully transitioned to a Centre of Excellence

model and operate effectively within the emerging ‘Defra One’ ethos.

Some of the key features of a Centre of Excellence that should be explored

and evaluated include:

Role of Defra network versus others(i.e. what are the things that

must/should be done inside the network versus areas best left to

experts elsewhere)

Removal of potential duplication and consolidation of existing services

Flexible and scalable operating models – operational & commercial

Networked structure with effective leadership and management

Efficient infrastructure and facilities

Identification, development and adoption of best practice

Critical mass – skills, depth and knowledge transfer/retention

Ability to innovate

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ANNEX 5 TO SPACE FOR SMARTER GOVERNMENT PROGRAMME (SSGP)

2ND CALL, FOR ENVIRONMENT FOCAL AREA

PROJECT PROPOSAL FOR THE SSGP ENVIRONMENT FOCAL AREA

1. General Information

A. Project Title and Number:

SSGP 5. Use of space applications for Catchment Sensitive Farming (CSF)

B. Overall Project Abstract: Short non confidential summary to clearly explain the overall objectives of the proposal

The main objectives of the work are:

1. Stimulate uptake of EO applications and solutions by the CSF user community, including

but not limited to farmers, water utilities, and regulatory agencies.

2. Recommend ways to overcome barriers to use of relevant EO dataset and techniques

3. Provide advice on how best to support development of Catchment Sensitive Framework

(CSF) applications

These objectives will be achieved through a combination of:

desk based research

expert opinion

user community engagement

existing contractor expertise and experience

some technical development where feasible in the time and budget available

For this phase of work, it is not envisaged that a full scale system trial will be possible. However,

designs for a full scale trial(s) will be required as preparation for future phases of development.

The specifications for such work will also feed into Defra’s wider strategic work assessing

commonality of needs across a broad range of policy areas. The contractor will therefore be

expected to engage with other study teams and Defra and UK Space Agency staff to develop a

broader EO exploitation strategy.

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C. Background and Context. How will the project outcomes align with Defra policy and operational priorities?

The Water Framework Directive (WFD) is the most substantial piece of EC water legislation to

date and is designed to improve and integrate the way water bodies are managed throughout

Europe. Coming into force in December 2000 and transposed into UK law in 2003, it requires

Member States to reach good chemical and ecological status in inland and coastal waters by

2015.

Catchment Sensitive Farming (CSF) responds to WFD and delivers practical solutions and

targeted support to enable farmers and land managers to take voluntary action to reduce diffuse

water pollution from agriculture to protect water bodies and the environment. Increasingly, this

work exploits digital mapping and modelling tools such as Geographic Information Systems

(GIS) to assist land managers assess management options and monitor the effectiveness of

subsequent actions.

This study is intended to support UK CSF objectives by developing a strategic, user-focused

framework for applications of current and future EO. The outcome of this and parallel projects

will feed into an overarching business case for the development of Defra-wide applications of EO

data and systems.

Within this context, Earth Observation (EO) or ‘remote sensing’ from airborne and satellite

platforms provides important datasets for applications such as:

catchment to field scale topographic modelling

dynamic land use/cover change analysis

feature identification and monitoring

soil loss analysis.

When brought together within the correct analytical environment, these tools can be very

powerful aid to delivery of CSF objectives. Furthermore, data produced can be used for multiple

regulatory and commercial applications by a broad range of stakeholders. These include policy

makers, regulatory Agencies, water industry players, River Basin Liaison panels and others.

Future applications of EO data will be driven by a combination of:

increasing supply of data, particularly from the European Copernicus satellite observing system

lower cost of data

new techniques and capabilities, such as high resolution imaging radar

lower barriers to use, such as free and open data access policies

better analytical tools

ease of integration with complementary datasets

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D. Outcomes of the project, deliverable by March 2015:

Deliverables: The following deliverables shall be produced during the course of the study 1. Requirements specification 2. Recommended solutions and associated delivery requirements 3. Demonstration project outline 4. Report on benchmarking analysis 5. Customer engagement plan The project will have 6 major work packages: 1. Specify needs and opportunities

characterise the CSF user community including but not limited to farmers, water utilities, and regulatory agencies

understand and characterise requirements for each user type including: o How would end users exploit EO derived products? o What analytical tools would they need? o What systems and tools do users currently have access to? o What form would the output product need to take (e.g. image, tabular data, maps,

alerts etc) o What are the benefits to individual user communities? o How should data or information services be delivered? o What funding mechanism would be available?

classify needs according to set of application scenarios

assess opportunities for collaborative working 2. Develop user and application scenarios The contractor shall analyse a number of possible technical solutions based on:

specific stakeholder requirements and technical capacity and

assessment of key success factors (service capability, cost/benefit etc)

available technical solutions

EO capabilities and limitations

The contractor shall identify a number of alternatives for the solution and perform a trade-off analysis identifying the strengths and weaknesses of each option. The contractor will also assess the benefit of linking EO data products with other products, such as:

LCM 2007

Water Quality and other monitoring data (see UKEOF)

Locally held data (where known and accessible) 3. Benchmark to other EU countries

how are other countries responding to WFD with EO products and services?

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4. Contribute to Defra EO strategy

represent CSF community in cross - Defra analysis of EO requirements

scope potential demonstration project(s)for at least one priority catchment (see map of priority catchments below)

5. Develop a customer engagement plan

How would the solution be rolled out to users?

What barriers to uptake exist? 6. Meetings and workshop In meeting the requirements of the work, the contractor shall provide a clear user engagement plan. This should include the following: 1. One national workshop to engage stakeholders involved in CFS across multiple Priority Catchments. This includes but is not limited to, Defra, Environmental Agency, Natural England, farming representative groups and water utilities. 2. A minimum of two regional workshops to engage stakeholders involved with management of individual Priority Catchments. The primary focus will be on farming community and local land owners/managers but should include any other relevant group with an interest in management of catchments and water quality. Other user engagements and meetings will be held on an as needed basis.

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ANNEX 6 TO SPACE FOR SMARTER GOVERNMENT PROGRAMME (SSGP)

2ND CALL, FOR ENVIRONMENT FOCAL AREA

TERMS AND CONDITIONS

These are the DRAFT Terms and Conditions for any award issued under the ‘2nd Call for

Space for Smarter Government Programme (SSGP), for Environment Focal Area’, issued

under UK Space Agency funding terms and conditions

They will be accompanied to the letter of award and a Statement of Works (the full proposal)

(These conditions may only be varied with the written agreement of UK Space Agency. No terms or conditions put forward at any time by the Supplier shall form any part of the Agreement unless incorporated

hereto with the mutual agreement of UK Space Agency).

1. Interpretation:

1.1. In these conditions “the Agreement” shall mean the Agreement concluded between UK Space Agency and the Supplier, including all specifications, plans, drawings and other relevant documents.

1.2. The following provisions shall have the effect with respect to the interpretation of the Agreement except where the context otherwise requires:

(a) “the Work” means the programme of work outlined in the Statement of Work at Annex A.

(b) “a Capital item” means land, buildings or structures, machinery, plant or other fixed assets having a life of more than three years with a value exceeding £3,000, vehicles and items costing more than £3,000 bought or fabricated for the purposes of the Agreement;

(c) “Completion Date” means 31 March 2015;

(d) “Intellectual Property Rights” means all rights in inventions, discoveries, know-how and processes; all copyright, database rights, design rights (registered or unregistered) trademarks, service marks, trade names, trade secrets, formulas, collections of data, confidential information, patents (including any re-issues, extensions, substitutions, continuation in part applications and supplementary protection certificate and all other rights of a like nature), all rights in techniques and software (including source and object code), and any application for any of the foregoing and similar proprietary rights anywhere in the world.”

(e) “Background Intellectual Property” shall mean any Intellectual Property excluding Arising Intellectual Property owned or controlled by any Party prior to commencement of or independently from the Work, and which the owning Party contributes or uses in the course of performing the Work

(f) “Arising Intellectual Property” shall mean any Intellectual Property Rights in all material produced under this Agreement, including but not limited to maps, plans, photographs, drawings, tapes, statistical data, published and unpublished results and reports, computer programmes, patents, knowhow and trademarks;

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(g) “the Supplier” means the person or firm or company or consortia who by the Agreement undertakes to perform the Works under the Agreement.

(h) references to any enactment, order, regulation, or other similar instrument; shall be construed as a reference to the enactment, order, regulation or instrument as amended by any subsequent enactment, order, regulation or instrument;

(i) “Confidential Information” means information, the disclosure of which would constitute an actionable breach of confidence, which has either been designated as confidential by either Party in writing or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including commercially sensitive information, information which relates to the business, affairs, properties, assets, trading practices, Goods/Services, developments, trade secrets, Intellectual Property Rights, know-how, personnel, customers and suppliers of either Party and all personal data and sensitive personal data within the meaning of the Data Protection Act 1998 (see paragraph 20);

(j) “Environmental Information Regulations” means the Environmental Information Regulations 2004;

(k) "FOIA" means the Freedom of Information Act 2000 and any subordinate legislation made under that Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner in relation to such legislation;

(l) "Information" has the meaning given under section 84 of the Freedom of Information Act 2000;

(m) "Requests for Information" shall have the meaning set out in FOIA or any apparent request for information under the FOIA, the Environmental Information Regulations or the Code of Practice on Access to Government Information (2nd Edition).

1.3. The headings to these conditions shall not affect the interpretation thereof.

1.4. Any decision, act or deed which UK Space Agency is required or authorised to take or do under the Agreement may be taken or done by any person authorised by UK Space Agency to take or do that decision, act or thing.

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

1.6. All communications between the parties shall be in the English language.

2. Purpose of funding:

2.1. The purpose of the grant is to further the goals of the space for smarter government programme.

2.2. Grant payments may not be used to contribute to any ongoing operational costs of the service.

2.3. The UK Space Agency has no responsibility for providing any further funding (whether any further contribution to capital costs, should they prove to be greater than currently forecast, or any contribution to operational costs).

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2.4. UK Space Agency has agreed to fund up to the TBD and no more as set out in Annex C. UK Space Agency will not be liable for any future year costs which may arise in the duration of the agreed programme.

3. Preliminary conditions:

3.1. Submission of a full proposal implies acceptance of the terms and conditions set out and, where appropriate, the waiver of the applicant’s own general or specific terms and conditions.

3.2. Once the UK Space Agency has received the expression of interest, it shall become the property of the Agency.

3.3. The UK Space Agency shall not reimburse expenses incurred in preparing and submitting expressions of interest but may cover travel costs towards the final review meeting.

3.4. This request for expression of interest is in no way binding to the UK Space Agency. In particular there is no obligation to fund any proposal.

4. Suppliers duties:

4.1. The Supplier must carry out the Work expeditiously and competently, and in accordance with timescales as specified in the Statement of Work. Timings of grant claims must be submitted to ensure sufficient time to process all expenditure defrayed by 31st March 2015. The Supplier must provide all necessary accommodation, equipment, staff and services for the execution and completion of the work. The appointment of any new staff on the Work must be referred to UK Space Agency.

4.2. The Supplier must ensure proper financial management of the Work and accountability for the use of public funds.

4.3. The Supplier is responsible in ensuring that the program of work is organised and conducted with best practice.

4.4. The Supplier is responsible for ensuring that ethical issues relating to the Work are identified and brought to the attention of the project board and the relevant approved or regulatory body.

4.5. The Supplier has overall responsibility for the strategic management of the Project. On completion of the project, the Supplier will (To be agreed in proposal.)

4.6. Following the acceptance of the offer letter, the Supplier must confirm the appointment of a Project Director. The project Director will be the main point of contact for the UK Space Agency.

5. Liaison and Supervision:

5.1. UK Space Agency retains the right to monitor the Work during the period of the Agreement and to require such further information as it sees fit. In addition UK Space Agency will have the right to call extraordinary meetings of representatives of the Supplier and of its representatives and advisors for the purpose of monitoring the progress of the Work. UK Space Agency shall also be permitted by the Supplier to visit the premises where the Work is being undertaken to inspect progress. A minimum of five working days’ notice or fewer by mutual agreement, for such requests shall be given.

6. Reports:

6.1. The Supplier shall provide:

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(a) Monthly reports on the progress and expenditure on the Work to be submitted to the SSGP completed according to the project assurance report included in Annex xx. The reports should record progress against the statement of work outlined in Annex x.

(b) A financial report detailing expenditure on the Work by fund heading and a summary of staff effort expended, shall, unless otherwise agreed, be included in all of the reports requested by UK Space Agency. The financial report must be certified by the Supplier’s Financial Director or equivalent as true and accurate. The financial report due at the end of the Work as required under condition 6.1.3 to show expenditure for the period of the Agreement must be certified as being a true and accurate statement of expenditure and confirm that such expenditure has been used entirely in support of the Work. UK Space Agency reserves the right to request suitable financial reports during the course of the Work.

(c) UK Space Agency reserves the right to have reasonable access to inspect the records and financial procedures associated with the award or to appoint any other body or individual for the purpose of such an inspection.

6.2. If the final report due at the end of the Agreement has not been received, the final payment shall be withheld and only released at the discretion of UK Space Agency when the reports are received in the appropriate form and properly certified. The Supplier should notify the UK Space Agency if they are aware of any likely problems with meeting this requirement and agree a revised target date for submission.

6.3. UK Space Agency is under no obligation to make the final payment until the Work has been completed in accordance with the Annex and all reports have been submitted and accepted. Such acceptance shall not be unreasonably withheld.

6.4. The Supplier will keep proper records (including records of staff time devoted to the Work) and books of account recording its expenditure on the Work and will make such records and books of account available for inspection by UK Space Agency or its duly authorised agent or representative during normal business hours and on receipt of reasonable notice. The UK Space Agency or its agents or representative will be entitled to take copies of or extracts from the records of account.

6.5. All reports will be referred to the UK Space Agency. The UK Space Agency will also be consulted if there are any concerns over the direction of the programme or if problems are highlighted in the report which may lead to the Work not being completed within the given timescale.

7. Misconduct and Conflicts of Interest

7.1. The Supplier must ensure that there are reliable systems and processes in place for the prevention of research misconduct e.g. plagiarism, falsification of data, together with well-defined and clearly-publicised arrangements for investigating and resolving allegations of misconduct. Where an allegation of misconduct arises in respect of a Supplier’s staff supported by the space to non-space technology funding, UK Space Agency must be informed immediately and notified of the outcome of any investigation.

7.2. The supplier must ensure that any potential conflicts of interest in research are declared and subsequently managed.

8. Intellectual Property and Exploitation:

8.1. Background Intellectual Property used in connection with the Work shall remain the property of the Party introducing the same.

8.2. Ownership of all Arising Intellectual Property from the Work will be vested initially with the UK Space Agency

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8.3. The Supplier will make all reasonable enquiries concerning copyright, design, patent and other intellectual property rights and will ensure that to the best of its knowledge there are no such rights required in connection with the carrying out of the Project or the exploitation of the Project’s results except those which are owned by or are available to the Supplier at the start of the Agreement and will continue to be so available at all times after the commencement of the Agreement.

8.4. If the Supplier is, or becomes, aware of any third party patent or patent application relevant to the exploitation of the results of the Work then the Supplier will immediately inform the UK Space Agency.

8.5. During the period of the Agreement the Supplier will inform UK Space Agency of any results which are capable of exploitation, whether patentable or not, by identifying them in the midterm and final reports. For a period of five years after the end of the Agreement the Supplier will provide details of any further exploitation of or plans to exploit the results of the Work.

9. Publicity:

9.1. The Supplier will promote the dissemination of the results of the Work by publishing the results in appropriate forum and at suitable conferences and symposia. The Supplier will acknowledge the support of the UK Space Agency and SSGP for the Work in all publications where such support has accounted for at least 20% of the total funding.

9.2. The supplier will be provide summary material for UK Space Agency and SSGP to use.

10. Equipment (or other Capital items):

10.1. Equipment, or other Capital items, purchased under this Agreement shall become the property of the Supplier (unless stated to the contrary). Any such item shall be maintained, sited and operated in accordance with the manufacturer’s instructions, safely protected and insured by the Supplier and shall not be used by him for any other purpose than the Work under this Agreement without the prior agreement of UK Space Agency.

10.2. UK Space Agency must be informed if, during the life of the Agreement the need for the equipment diminishes substantially or it is not used for the purpose for which it was funded. UK Space Agency reserves the right to determine the disposal of such equipment and to claim the proceeds of any sale.

10.3. Any proposal to transfer ownership of the equipment during the period of the Agreement is subject to prior approval by UK Space Agency. After the Project has ended, the Supplier is free to use the equipment without reference to UK Space Agency but it is nevertheless expected to maintain it as long as is practicable.

11. Changes affecting the Agreement:

11.1. While the UK Space Agency recognises the technical and financial risks inherent in the work, there may be occasions when the UK Space Agency considers that the funding for the work should cease or that payments already made should be reclaimed. The UK Space Agency will be under no obligation to make further payments, and any payments already made may become repayable, in whole or in part, at its discretion, if:

(a) it considers that the future of the Work is in jeopardy;

(b) in its opinion progress towards completion of the Work is unsatisfactory or if the Work is not completed by the end of 31 March 2015 or, in the opinion of UK Space Agency there is no longer any reasonable prospect of the Work being completed by the end of the Term or any later date which UK Space Agency has previously agreed to in writing;

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(c) any change in the nature or scale of the Work which in its opinion is substantial and to which it has not given its prior written agreement;

(d) in its opinion the steps taken by the Supplier for the exploitation of the results of the Project are inadequate;

(e) the Supplier does not comply with or observe any condition of this Agreement.

If in the opinion of UK Space Agency the agreed programme of Work is in jeopardy all parties involved in the project will be fully consulted prior to any action being taken.

11.2. The maximum amount of grant has been agreed on the basis of the information which was submitted to in the bid for funding dated xx. Should the actual capital costs prove to be lower than anticipated, then the total amount of grant will be reduced accordingly. The UK Space Agency also reserves the right to reduce that amount if the information set out in the bid proves to be inaccurate, misleading or is superseded by events.

11.3. The Supplier will inform UK Space Agency promptly in writing of any cessation of the Work and of any event or circumstances likely to significantly affect completion of the Work. The Supplier will also inform UK Space Agency promptly in writing if any of the events referred to in Clauses 12 and 13 takes place.

11.4. If it appears to the Supplier that the Work is unlikely to be completed by the completion date, or that the amount of any category of expenditure specified in the Budget is likely to be exceeded the Supplier shall immediately notify UK Space Agency of that fact, with the reasons for delay or variation in expenditure. UK Space Agency, if satisfied that the Work is not likely to be completed by the Completion Date or within a category of expenditure may, at its absolute discretion:

(a) vary the Work or any part thereof so that the Work shall be completed without exceeding the Agreement budget;

(b) Extend the Completion Date by up to 6 months. Extensions may cover breaks or delays in the appointment of staff funded by this Agreement, or other exceptional circumstances with the agreement of the UK Space Agency;

(c) Terminate the Agreement by giving 6 months’ notice should it be deemed programmatically or strategically advisable to do so. The UK Space Agency reserves the right to cancel or reduce the award in the event of the Work being cancelled or descoped.

12. Force Majeure:

12.1. Neither party to this Agreement shall be liable for any failure to perform any one of its obligations arising under this Agreement if and to the extent only that such failure is wholly and directly caused by an event of force majeure.

12.2. For the purposes of this Agreement, the phrase “an event of force majeure” shall mean any event: 1) the occurrence of which, by the exercise of reasonable diligence, the affected party is unable to prevent or could not have contemplated; 2) the continuation of which, by the exercise of reasonable diligence, is beyond the control of the affected party; and 3) the consequences of which, in relation to the performance of obligations arising under the Agreement and by the exercise of reasonable diligence, the affected party is unable to prevent.

13. Bankruptcy:

13.1. UK Space Agency may at any time, by notice in writing, summarily determine the Agreement without compensation to the Supplier in any of the following events:

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(a) If the Supplier, being an individual, or where the Supplier is a firm, 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 shall purport to do so, or if in Scotland he shall become insolvent or not our bankrupt, or any application shall be made under the Bankruptcy act for the time being in force for sequestration of this estate, or a trust deed shall be granted from the benefit of his creditors; or

(b) If the Supplier is a Company, passes a resolution, or the Court shall make an order, that the Supplier shall be wound up, or if a receiver or manager on behalf of a creditor shall be appointed, or if circumstances shall arise which entitle the Court or a creditor to appoint a receiver or a manager or which entitle the Court to make a winding-up order.

Provided always that such determination shall not prejudice or affect any right or action or remedy that shall have accrued or shall accrue thereafter to the Agency.

14. Duration and Termination:

14.1. The Work will be deemed to have commenced on 5th January 2015 and shall terminate on 31st Mar 2015.

14.2. For reasons, other than those stated herein, both parties have the right to terminate this Agreement before the agreed Completion Date giving a minimum of six weeks written notice. UK Space Agency shall not be held liable for any redundancy payments and/or unfair dismissal compensation but shall pay all other attributable costs properly incurred upon the Work up to the date of termination. The Supplier shall be responsible for the payment of costs reasonably and unavoidably incurred by the UK Space Agency caused by their determination.

14.3. UK Space Agency will also pay all costs arising after the termination date as a result of commitments properly incurred or entered into before the date that the notice of termination was received. The Supplier shall not be entitled to any other payment by way of compensation.

15. Limit of liabilities and indemnities:

15.1. The UK Space Agency accepts no liability for expenditure or any other liabilities incurred by the Supplier other than those specifically identified by UK Space Agency in writing. In particular, but without limitation, the UK Space Agency will have no liability as an employer of any person working on the Work and will in no circumstances indemnify the Supplier against claims arising from its liability as an employer.

15.2. The Supplier will indemnify and keep indemnified on a full and unqualified basis the UK Space Agency against any and all actions, claims, demands, costs, charges and/or expenses arising out of any loss or damage or injury to any person or to any property incurred by reason of:

(a) any infringement or alleged infringement by the Supplier of any third party intellectual property rights in relation to the work;

(b) any negligence, breach of Agreement, breach of statutory duty or other wrongful act or omission on the part of the Supplier.

15.3. UK Space Agency will not accept responsibility for any expenditure arising from injury or death to any person or damage to any property or claims by third parties arising as a result of the Work carried out under the Agreement, except where such injury, death or claims are the result in whole or in part of the negligence of the UK Space Agency, its employees or agents.

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16. Insurance of Property:

16.1. The Supplier shall insure property acquired under this Agreement to the same extent that it customarily insures its own property and shall observe in its use such reasonable precautions as are normal in the use of property belonging to the Supplier. If the property is not insured the Supplier shall indemnify the Agency against loss or damage to the property.

17. Corrupt Gifts and Payments:

17.1. The Supplier will not offer or give or agree to give to any employee or agent of the UK Space Agency any gift or consideration of any kind as an inducement or reward for providing funding for the Work or for doing any act in relation to the Work or this Agreement.

17.2. If the Supplier or any of its employees or agents breaches this condition or commits any offence under the Prevention of Corruption Acts 1889 to 1916 or the Bribery Act 2010 in relation to this Agreement or any other Agreement for any Crown body, the UK Space Agency may terminate further payments under this Agreement immediately and recover from the Supplier all sums already paid under it.

18. Quality

18.1. In the absence of a specification or sample, any products used within the Agreement will be new and of good construction, sound materially, of adequate strength and free of defects in design materials and workmanship, and will be designed and manufactured so as to be safe and without risk to health when properly used.

18.2. The products used within the Agreement where appropriate must comply with all European Union Directives applicable within the term of the Agreement (in which case all products must be clearly endorsed as fully compliant aforesaid by the application of the CE mark in a position on the products which meets the requirements of the Directive).

18.3. If the products comply with any British Standards Institution, European Union, International Standards Organisation or other standard the company must, on request of the UK Space Agency, provide a copy of the standard free of charge.

18.4. The company will at the request of the UK Space Agency, if applicable, provide the UK Space Agency with any copies of any relevant testing or compliance certificates for the products.

19. Payment:

19.1. Within the limits of this award the Supplier shall submit an invoice following receipt of a satisfactory interim/final report to UK Space Agency Project Manager. Invoices should be linked to the agreed payment profile (Annex C) and be accompanied by such documentation as outlined in Clause 6.

19.2. Claims for payment should be submitted by the Supplier to xx as follows:

“I certify that the amounts claimed will be expended on and are required for the sole purpose of the work programme and in accordance with the conditions of Agreement”.

19.3. Subject to UK Space Agency being satisfied that the amounts claimed are proper, fair and reasonable, payment shall then be made within 30 days of receipt of a valid invoice.

20. Sub-Contracting:

20.1. The Supplier shall not give, bargain, sell, assign, sub-let or otherwise dispose of the Agreement or any part thereof or the benefit or advantage of the Agreement or any part thereof without the prior written consent of the Agency, other than those collaborators identified in the funding proposal.

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21. Law:

21.1. The Agreement shall be considered as an Agreement made in England and subject to English Law.

22. Freedom of Information Act/Confidentiality

22.1. Each Party:-

(a) shall treat all Confidential Information belonging to the other Party as confidential and safeguard it accordingly; and

(b) shall not disclose any Confidential Information belonging to the other Party to any other person without the prior written consent of the other Party, except to such persons and to such extent as may be necessary for the performance of the Agreement or except where disclosure is otherwise expressly permitted by the provisions of this Agreement or required pursuant to an order from a court or other body of competent jurisdiction.

22.2. The Supplier shall take all necessary precautions to ensure that all Confidential Information obtained from the UK Space Agency under or in connection with the Agreement:-

(a) is given only to such of the Staff and professional advisors or consultants engaged to advise it in connection with the Agreement as is strictly necessary for the performance of the Agreement and only to the extent necessary for the performance of the Agreement;

(b) is treated as confidential and not disclosed (without prior Approval) or used by any Staff or such professional advisors or consultants' otherwise than for the purposes of the Agreement.

22.3. Where it is considered necessary in the opinion of the UK Space Agency, the Supplier shall ensure that Staff or such professional advisors or consultants sign a confidentiality undertaking before commencing work in connection with the Agreement.

22.4. The Supplier shall not use any Confidential Information received by it otherwise than for the purposes of the Agreement.

22.5. The provisions of Clauses 22.5 to 22.8 shall not apply to any Confidential Information received by one Party from the other:-

(a) which is or becomes public knowledge (otherwise than by breach of this Condition);

(b) which was in the possession of the receiving Party, without restriction as to its disclosure, before receiving it from the disclosing Party;

(c) which is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

(d) is independently developed without access to the Confidential Information; or

(e) which must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations.

22.6. Nothing in this Condition shall prevent the UK Space Agency:-

(a) disclosing any Confidential Information for the purpose of:-

(i) the examination and certification of the UK Space Agency’s accounts; or

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(ii) any examination pursuant to Section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which the UK Space Agency has used its resources; or

(b) disclosing any Confidential Information obtained from the Supplier:-

(i) to any other department, office or agency of the Crown; or

(ii) to any person engaged in providing any services to the UK Space Agency for any purpose relating to or ancillary to the Agreement;

provided that in disclosing information under sub-paragraph (b)(i) or (ii) the UK Space Agency discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence and that a confidentiality undertaking is given where appropriate.

22.7. Nothing in this Condition shall prevent either Party from using any techniques, ideas or know-how gained during the performance of the Agreement in the course of its normal business, to the extent that this does not result in a disclosure of Confidential Information or an infringement of Intellectual Property Rights.

22.8. In the event that the Supplier fails to comply with this Condition 20, the UK Space Agency reserves the right to terminate the Agreement by notice in writing with immediate effect.

22.9. The provisions under this Condition 1 are without prejudice to the application of the Official Secrets Acts 1911 to 1989 to any Confidential Information.

22.10. The Supplier acknowledges that the UK Space Agency is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the UK Space Agency (at the Supplier’s expense) to enable the UK Space Agency to comply with these Information disclosure requirements.

22.11. The Supplier shall and shall procure that its sub-suppliers shall:

(a) transfer any Request for Information it receives to the UK Space Agency as soon as practicable after receipt and in any event within five Working Days of receiving a Request for Information;

(b) provide the UK Space Agency with a copy of all Information in its possession or power in the form that the UK Space Agency requires within five Working Days (or such other period as the UK Space Agency may specify) of the UK Space Agency requesting that Information; and

(c) provide all necessary assistance as reasonably requested by the UK Space Agency to enable the UK Space Agency to respond to a Request for Information within the time for compliance set out in section 10 of the FOIA.

22.12. The UK Space Agency shall be responsible for determining at its absolute discretion whether:-

(a) the requested Information is exempt from disclosure under the FOIA and the Environmental Information Regulations;

(b) the requested Information is to be disclosed in response to a Request for Information, and in no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the UK Space Agency.

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22.13. The Supplier acknowledges that the UK Space Agency may be obliged under the FOIA, or the Environmental Information Regulations to disclose Information:-

(a) without consulting with the Supplier, or

(b) despite consultation with the Supplier and having taken its views into account.

22.14. The Supplier shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the UK Space Agency to inspect such records as requested from time to time.

22.15. The Supplier acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the UK Space Agency may nevertheless be obliged to disclose Confidential Information in accordance with Clause 22.17.

23. Dispute Resolution

23.1. In the event of any complaint or dispute (which does not relate to the UK Space Agency’s right to withhold funds or terminate) arising between the parties to this Agreement in relation to this Agreement the matter should first be referred for resolution to the Project Manager or any other individual nominated by the UK Space Agency from time to time.

23.2. Should the complaint or dispute remain unresolved within 14 days of the matter first being referred to the Project Manager or other nominated individual, as the case may be, either party may refer the matter to the Chief Executive of the UK Space Agency and the Chief Executive of the Supplier with an instruction to attempt to resolve the dispute by agreement within 28 days, or such other period as may be mutually agreed by the parties.

23.3. In the absence of agreement under clause 23.2, the parties may seek to resolve the matter through mediation under the CEDR Model Mediation Procedure (or such other appropriate dispute resolution model as is agreed by both parties). Unless otherwise agreed, the parties shall bear the costs and expenses of the mediation equally.

24. Amendments And Variations

24.1. No amendment or variation of the Agreement shall be valid unless it is in writing and signed by the UK Space Agency and the Supplier.

25. No Partnership Or Agency

25.1. Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the UK Space Agency and the Supplier, constitute either party the agent of the other party, nor authorise either party to make or enter into any commitments for or on behalf of the other party.

26. Contracts (Rights Of Third Parties) Act 1999 A person who is not a party to the Agreement shall not have any rights under or in connection with it

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Annex 6c Project Milestones and Profile of Payments:

To be agreed

Payments will be made on receipt or completion of satisfactory reports / visits. Approval Dates are

the dates of the project board meeting dates where the milestone is signed off and payment

authorised.

Milestone Dates are the projected dates of completion of each milestone.

Milestone

Date

Approval

Date Milestone Title Payment

Cumulative

Total

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Annex 6d MID-TERM REPORT FORMAT

General Points: The report should contain sufficient detail to allow UK Space Agency to

understand the issues which are being presented. Where additional technical information is felt

appropriate then this should be included as an annex to the report. Payments will not be released

without an invoice and a report accompanying it.

1. HEADER

1.1. This should include the UK Space Agency / SSGP reference number, project title, and organisation.

2. PROGRESS TO DATE

2.1. Overall Project Status – this should be a general statement on the progress of the project as a whole. Relationship with related research funded by other sources should be included if relevant.

2.2. Progress of the element funded by this Agreement - this should refer to the project plan set out in the original application, or as subsequently revised by mutual agreement, and to the objectives in the SoW Annex A. Where there have been delays you should explain what the problem is, how it will be solved and any implications. Highlight the objectives that should be completed by the Completion Date and comment on any problems there might be in achieving them.

3. MAJOR PROBLEM AREAS

3.1. Identify any foreseeable problems or risks either within or outside your control. Discuss possible solutions and any implications this may have to the project.

4. FINANCIAL STATEMENT

4.1. This should identify actual expenditure since the start date. Where there is a major difference between what was forecasted and actual expenditure an explanation is required with a revised forecast for each financial period [where applicable]. Where the proposal included an industrial contribution the progress on expenditure and any changes to the overall level of contribution should be provided. A reduction in the contribution will result in a re-evaluation of the project within UK Space Agency and could lead to cancellation.

Payments to

date

Expenditure to

date

Expected

expenditure to

completion

Partner Direct

Contribution

Total

Partner

Expenditure to

date