Short Form RFT Template

REQUEST FOR TENDERS RFT DNP/ANBG/2005/001 COMMONWEALTH OF AUSTRALIA as represented by DEPARTMENT OF THE ENVIRONMENT AND HERITAGE (ABN 34 190 894 983) MACHINERY MAINTENANCE CONTRACT AT THE ANBG 1st June 2005 CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Invitation AusTender - Australian Government Tendering System Endorsed Supplier Arrangement (ESA) Services Agreement Tenders Consortium tender Tender Lodgement Non Compliant Lodgement Point of Contact Unintentional Errors of Form Minimum Content and Format Requirements Conditions of Participation Incomplete Tenders Evaluation Process Evaluation RFT and Representations Tender Documents Statements Security, Probity and Financial Checks Tender Validity Period Conflict of Interest Tenderer Conduct Future Matters Return of Information No Contract or Undertaking Responsibility for Tenderer Costs Department's Rights Debriefing of Tenderers Applicable Law ATTACHMENT A - STATEMENT OF REQUIREMENTS ATTACHMENT B - DECLARATION BY TENDERER ATTACHMENT C - TENDERER DETAILS ATTACHMENT D - PRICING SCHEDULE ATTACHMENT E - STATEMENT OF COMPLIANCE ATTACHMENT F - DRAFT SERVICES AGREEMENT ATTACHMENT G - EVALUATION CRITERIA RESPONSE SCHEDULES SCHEDULE 1 - PROPOSED SERVICE DELIVERY SOLUTION SCHEDULE 2 - TECHNICAL AND MANAGEMENT CAPABILITY SCHEDULE 3 - EXPERIENCE AND DEMONSTRATED EXPERTISE SCHEDULE 4 - CLIENT FOCUS 1 1 2 2 3 4 4 4 5 5 5 5 5 6 7 7 8 8 8 8 9 9 10 10 10 11 11 11 12 16 20 21 22 23 24 25 26 27 28 TRequest for tendersT RFT machinery maintenance.doc Page i 1. 1.1. Invitation The Australian National Botanic Gardens (ANBG) is a part of the Department of Environment and Heritage. The Department of the Environment and Heritage (Department) invites interested parties (tenderers) to submit tenders to provide the services (Services) set out in the Statement of Requirements in Attachment A of this request for tenders (RFT) subject to the terms and conditions set out, or referred to, in this RFT. The ANBG has a number of landscape maintenance machinery that requires regular servicing and maintenance. The successful contractor is required to conduct services to the machinery listed as per the final service schedule. More detail is set out in the Statement of Requirements. The Department will exclude a tender from further consideration if the Department considers that the tender does not comply with an essential requirement identified as such in the Statement of Requirement. 1.2. 1.3. 2. 2.1. AusTender - Australian Government Tendering System AusTender is the Commonwealth's business opportunities website, located at www.tenders.gov.au. AusTender allows tenderers to download documentation electronically and receive email notification if an addendum to the RFT is issued. A tenderer must first register with AusTender to do this (there is no fee). Tenderers should register their contact details on the AusTender website (www.tenders.gov.au) and immediately download the RFT, even if the RFT was obtained from other sources. Only tenderers who have registered via the AusTender website will be directly advised of any alteration, correction or notice in relation to this RFT. However, all alterations, corrections and notices will be available on AusTender and from the Contact Officer described in clause 8.1. The Commonwealth accepts no responsibility if a tenderer fails to become aware of any alteration, correction or notice, which would have been apparent from a visit to the AusTender website or from other information available from the Contact Officer. Tenderers should direct all communications relating to this RFT to the Contact Officer. Tenderers should note that it may be necessary for the Contact Officer to refer tenderers to the AusTender Help Desk for matters relating to technical or operational support requests associated with downloading information from the AusTender website. Tenderers should indicate what financial and/or performance and/or parental guarantees have been lodged as part of their Endorsed Supplier Arrangement. 2.2. 2.3. 2.4. 2.5. 2.6. RFT MACHINERY MAINTENANCE.DOC Page 1 3. Services Agreement The Department proposes to enter into an agreement substantially in the form of the Draft Services Agreement with the successful tenderer. The Draft Services Agreement is set out in Attachment F. 4. 4.1. Tenders Declaration Tenderers must make the representations, acknowledgements and offer substantially in the form set out in the Declaration in Attachment B. 4.2. Corporate details Tenderers should provide their details by completing Attachment C. Where a tender is lodged by a consortium, a separate Attachment C should be lodged by the tenderer and by each consortium member. 4.3. Price Tenderers should provide full details of their proposed price structure in Attachment D. 4.4. Statement of Compliance Tenderers should complete the Statement of Compliance in Attachment E. Tenderers should use the responses defined below: – Complies. In the case of a paragraph or clause that is of an informative nature only, or is a provision of the Draft Services Agreement, compliance means that the paragraph or clause has been read, understood and accepted. In the case of a paragraph or clause that imposes a condition or obligation, compliance means that the tenderer has submitted its tender in full compliance with that condition or obligation. In the case of a paragraph or clause that specifies a future condition or obligation, compliance means that the tenderer will comply in full and on time with that condition or obligation. Does Not Comply. In the case of a paragraph or clause that is of an informative nature only, or is a provision of the Draft Services Agreement, non compliance means that the paragraph or clause has been read, understood and not accepted. In the case of a paragraph or clause that imposes a condition or obligation, non compliance indicates that the tenderer has not complied with that condition or obligation. In the case of a paragraph or clause that specifies a future condition or obligation, non compliance means that the tenderer will not comply with that condition or obligation. Partially Complies. In the case of a paragraph or clause that is of an informative nature only, or is a provision of the Draft Services Agreement, partial compliance means that the paragraph or clause has been read and understood but only partially accepted. In the case of a paragraph or clause that imposes a condition or obligation, partial compliance indicates Page 2 – – RFT MACHINERY MAINTENANCE.DOC that the tenderer has submitted its tender in partial compliance with that condition or obligation. In the case of a paragraph or clause that specifies a future condition or obligation, partial compliance means that the tenderer will comply partially with that condition or obligation. – Not Applicable. This means that the paragraph or clause does not apply to the tenderer. Where a tenderer indicates that it is partially compliant to a paragraph or clause, the extent of the non compliance should be fully detailed. In addition, a full explanation of the reasons for all non compliance, partial compliance and non applicability should be provided. Where a tenderer indicates that the paragraph or clause is not applicable to the tenderer, the tenderer should explain the reasons why it is not applicable. A statement that an issue “needs to be negotiated” or other statement that does not fully state the specific requirement or position of the tenderer will be treated by the Department as meaning “Does Not Comply”. If a tenderer does not include a statement of non compliance, partial compliance or non applicability relating to any matter, the Department will assume that the tenderer “complies” with that matter. Tenders should be clear and precise and should reference, where appropriate, the paragraph numbers in this RFT and the clause numbers in the Draft Services Agreement to which each item relates. 4.5. Evaluation Criteria Response Schedules Tenderers should provide their responses to each of the evaluation criteria set out in paragraphs 14.2 a to d by completing the Evaluation Criteria Response Schedules set out in Attachment G. Language and Units The tender, including all attachments and supporting material, must be written in English. Measurement must be expressed in Australian legal units of measure and prices must be expressed in Australian dollars. 5. 5.1. Consortium tender Consortia A tender submitted by a consortium may be rejected by the Department if the tenderer: a. b. c. does not propose to contract with the Department as one separate legal entity has not completed a separate Attachment C in respect of each member of the consortium and has not specified one single point of contact for its consortium. RFT MACHINERY MAINTENANCE.DOC Page 3 6. 6.1. Tender Lodgement Tenders must be lodged no later than 4.00pm Canberra time in the Australian Capital Territory 7th July 2005. Tenders should be enclosed in a plain envelope endorsed with “Required Identifier” - and delivered to: Tender Box Australian National Botanic Gardens Clunies Ross Street Acton ACT 2601 6.2. 6.3. 6.4. 6.5. Tenders submitted via email or facsimile will not be accepted. The closing date and/or time may be extended by the Department. An original plus two copies of each tender should be submitted. The original should be marked “Original” and the copies marked “Copy”. If no copy is marked “Original” the Department may choose a copy and mark it as the “Original”. Non Compliant Lodgement Opening Tenders lodged other than in compliance with this RFT will be deemed to be late (Late Tenders). 7. 7.1. 7.2. Exclusion The Department may admit a Late Tender into evaluation only where, in the opinion of the Department, it would not result in unfairness and/or inequity to other tenderers. Any such decision will be final. The Department will admit to evaluation a tender that was received late solely due to mishandling by the Department. If a Tender is taken to be late, the tenderer may be asked to provide explanatory evidence in an appropriate form to the Department. 8. 8.1. Point of Contact The contact officer named below (Contact Officer) is the only point of contact for all matters pertaining to this RFT and the tender evaluation. The Contact Officer is: Paul Janssens Curator, Living Collections Ph: (02) 62509522 fax: (02) 62509599 Mob: 0407 292 628 Paul.janssens@deh.gov.au RFT MACHINERY MAINTENANCE.DOC Page 4 8.2. The Department may send responses either to the tenderer who lodged any enquiry or to all tenderers on a non attributable basis. Any notice given by a tenderer to the Department will be effective upon receipt only if in writing and delivered to the Contact Officer at the address specified in paragraph 8.1. The Department may deliver any written notification to a tenderer by leaving it or causing it to be left at the address of that tenderer, or by sending it to the email address of that tenderer as specified in their tender or as otherwise subsequently nominated in writing by the tenderer to the Contact Officer. Unintentional Errors of Form If the Commonwealth considers that there are unintentional errors of form in a tender, the Commonwealth may request the tenderer to correct or clarify the error, but will not permit any material alteration or addition to that tender. 8.3. 8.4. 9. 10. Minimum Content and Format Requirements There are no minimum or format requirements with this RFT. Subject to paragraph 9, the Department will exclude a tender from further consideration if the Department considers that the tender does not comply with the following requirements: a. b. paragraph 4.1 paragraph 0 and 11. Conditions of Participation The Department will exclude a tender from further consideration if the Department considers that the tenderer does not comply with the following conditions: a. b. c. paragraph 6.1 (subject to paragraph 7) paragraphs 19 to 21 The Tenderer must have mechanical trade qualifications and a demonstrated experience in machinery maintenance. 12. Incomplete Tenders Tenders which are incomplete or clearly non competitive may be excluded from consideration at any time during the evaluation process at the Department’s discretion, but the Department may still consider such tenders and seek clarification under paragraph 26. 13. 13.1. Evaluation Process Tenders which have not been excluded from consideration by the Department will be evaluated by the Department to identify the option that represents best value for money in accordance with the process and criteria described in paragraph 14. RFT MACHINERY MAINTENANCE.DOC Page 5 Value for money is a comprehensive assessment that takes into account both cost represented by the assessment of price and value represented by technical assessment in the context of the risk profile presented by each tender. 13.2. The Department may make independent enquiries about any of the matters that may be relevant to the evaluation of any tender. Evaluation Value for Money Tenders will be assessed on the basis of value for money consistent with Commonwealth purchasing policies. Best value for money is the core principle governing Commonwealth procurement and is enhanced by three supporting principles: a. b. c. encouraging competition efficient, effective and ethical use of resources and accountability and transparency. 14. 14.1. 14.2. Criteria Value for money will be determined through application of the following evaluation criteria. a. b. c. d. e. f. proposed service delivery solution technical and management capability experience and demonstrated expertise client focus price and statement of compliance. The criteria are not necessarily listed in any order of importance and may or may not be weighted. In addition, the Department may use material tendered in response to one evaluation criterion in the evaluation of other criteria. If additional criteria are intended to be applied for the purposes of evaluation, the Department will notify tenderers who will be given an opportunity to respond. 14.3. Step 1 –Compliance An assessment will be undertaken of tenderers’ compliance with this RFT and with the Draft Services Agreement. RFT MACHINERY MAINTENANCE.DOC Page 6 14.4. Step 2 –Technical Worth An assessment will be undertaken of the technical worth of tenders on the basis of the criteria set out in paragraphs 14.2 a to d above. 14.5. Step 3 – Price An assessment of price will be undertaken. 14.6. Step 4 –Value for Money The Department will determine best value for money by a consideration of the technical worth assessment, the price and the Department's assessment of contractual compliance and compliance generally with this RFT and of any risks identified in the evaluation process. 15. 15.1. RFT and Representations This RFT is and will remain the property of the Department. This RFT may only be used for the purpose of preparing a tender and any subsequent agreement in respect of the Services. No representation made by or on behalf of the Department or the Commonwealth in relation to the RFT will be binding on the Department or the Commonwealth unless that representation is in writing and is incorporated into formal agreement with the Department. Tenderers will have no claim against the Commonwealth, or any officer, employee or adviser of the Commonwealth with respect to the exercise of, or failure to exercise, any right under this RFT. Tender Documents All tender documents (including paper and electronic copies) will become the property of the Department on submission. Without prejudice to any other right of the Department under this RFT or at law, the Department may disclose or allow the disclosure of any information contained in or relating to any tender (at any time) for any of the following purposes: a. b. c. d. e. evaluating or clarifying the tender evaluating any subsequent offer negotiating an agreement managing an agreement following its execution referring any material suggesting collusion by tenderers to the Australian Competition and Consumer Commission ("ACCC") and the use by the ACCC of that material to conduct any review it deems necessary or anything else related to the above purposes, including responding to any challenge to the RFT process or audit. 15.2. 15.3. 16. 16.1. 16.2. f. RFT MACHINERY MAINTENANCE.DOC Page 7 16.3. As a Commonwealth agency, the Department is subject to the legislative and administrative accountability and transparency requirements of the Commonwealth, including disclosures to the Parliament and its Committees. The Department may disclose or allow at any time the disclosure of any information contained in or relating to any tender: a. b. c. d. e. f. g. to its advisers or employees solely in order to evaluate or otherwise assess the tender to its internal management personnel for purposes related to the RFT Process to the responsible Minister in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia within the Department, or with another agency, where this serves the Commonwealth’s legitimate interests where the information is authorised or required by law to be disclosed or where the information is in the public domain otherwise than by the Commonwealth’s disclosure. 16.4. Notwithstanding this paragraph 16, ownership of the intellectual property in each tender will remain unchanged. Subject to paragraphs 16.2 and 16.3, all documents provided by each tenderer will be held in confidence so far as circumstances permit. Statements A tender submitted by a consortium may be rejected by the Department if the tenderer makes any public statement in relation to this RFT, the Services or any other matter referred to in this RFT without the prior written permission of the Department. 16.5. 17. 18. Security, Probity and Financial Checks The Department may perform security, probity and financial investigations and procedures in relation to any tenderer, its employees, officers, partners, associates, subcontractors or related entities including consortium members and their officers, employees and subcontractors. A tender submitted by a consortium may be rejected by the Department if the tenderer does not provide, at its cost, all reasonable assistance to the Department in this regard. 19. Tender Validity Period Tenderers must hold their tenders open for acceptance by the Department for a period of at least two months after the closing date. 20. 20.1. Conflict of Interest Where a tenderer identifies that a conflict of interest exists or might arise in the provision of the Services, the tenderer must identify that actual or potential conflict of interest in its Declaration. A conflict of interest may exist, for example, if the Page 8 RFT MACHINERY MAINTENANCE.DOC tenderer or any of its personnel have a relationship (whether professional, commercial or personal) with a party who is able to influence the RFT process (such as Departmental personnel). 20.2. If at any time prior to entering into a formal agreement with the Department, an actual or potential conflict of interest arises or may arise for any tenderer, that tenderer must notify the Department in writing. Tenderer Conduct False and Misleading Claims The attention of tenderers is drawn to Division 137 of the Criminal Code and tenderers are advised that giving false or misleading information is an offence. Tenderers must not make false or misleading statements in their tenders. 21. 21.1. 21.2. Collusive bidding Tenderers, consortium members and their respective officers, employees, agents and advisers must not engage in any collusive bidding (other than bidding by consortia to the extent permitted by this RFT), anti competitive conduct or any other similar unlawful conduct with any other tenderer or any other person in relation to the preparation or lodgement of their tender. The Department may also involve the ACCC to provide assistance to the Department in relation to any competition issues concerning a tenderer or related to a tender. 21.3. Unlawful Inducements Tenderers and their officers, employees, agents or advisers must not have violated and must not violate any applicable laws or Commonwealth policies regarding the offering of inducements in connection with the preparation of their tender. 21.4. Improper Assistance Tenderers must not use the improper assistance of any Commonwealth employee or use information obtained unlawfully or in breach of an obligation of confidentiality to the Commonwealth in preparing their tenders. 22. Future Matters The requirements and obligations, detailed in this RFT are based on projected future requirements that may vary significantly from current and historical requirements and all information provided to tenderers (whether incorporated into this RFT or otherwise) is based on historical information. It is usual that future events may differ significantly from historical results and the differences may be material. Tenderers should make their own independent assessments of actual workload requirements under any resultant agreement and any price will be deemed to have been based upon the tenderer's own independent assessment. RFT MACHINERY MAINTENANCE.DOC Page 9 23. Return of Information The Department may require that, at any stage, all written or electronically stored information (whether confidential or otherwise and without regard to the type of media on which such information was provided to any tenderer) provided to tenderers (and all copies of such information made by tenderers) be: a. b. returned to the Department - in which case the tenderer must promptly return all such information to the address identified by the Department or destroyed by the tenderer - in which case the tenderer must promptly destroy all such information and provide the Department with written certification that the information has been destroyed. 24. No Contract or Undertaking Nothing in this RFT will be construed to create any binding contract (express or implied) between the Department and any tenderer until a formal written agreement, if any, is entered into by the parties. Any conduct or statement whether prior to or subsequent to the issue of this RFT is not, and this RFT is not, and will not be deemed to be: a. b. an offer to contract or a binding undertaking of any kind by the Department (including, without limitation, an undertaking that could give rise to any promissory estoppel, quantum meruit or on any other contractual, quasi contractual or restitutionary grounds or any rights with a similar legal or equitable basis whatsoever). 25. 25.1. Responsibility for Tenderer Costs Participation in any stage of this RFT process, or in relation to any matter concerning this RFT will be at each tenderer's sole risk, cost and expense. The Department will not be responsible in any circumstance for any costs or expenses incurred by any tenderer in preparing or lodging a tender or in taking part in the RFT process or taking any action related to the RFT process. Neither the Department nor its officers, employees or advisers will be liable to any tenderer on the basis of any promissory estoppel, quantum meruit or on any other contractual, quasi contractual or restitutionary grounds or any rights with a similar legal or equitable basis whatsoever or in negligence as a consequence of any matter or thing relating or incidental to a tenderer's participation in this RFT process, including instances where: a. b. c. d. a tenderer is not engaged to undertake the provision of the Services the Department decides not to outsource all or any of the Services the Department exercises or fails to exercise any of its other rights under or in relation to this RFT or the Department makes information available or provides information to a tenderer relating to its assets, procedures, plans, tenders, existing arrangements for provision of the Services or any possible future arrangements. 25.2. RFT MACHINERY MAINTENANCE.DOC Page 10 26. 26.1. Department's Rights Neither the lowest priced tender, nor any tender, will necessarily be accepted by the Department. Acceptance of any tender will be subject to the execution of a formal agreement. Without limiting its rights at law or otherwise, the Department may: a. b. c. d. e. f. g. amend this RFT require additional information or clarification from any tenderer or any one else or provide additional information or clarification to any tenderer negotiate with any one or more tenderers including terminating any negotiations being conducted from time to time seek amended tenders or call for new tenders add to, alter, delete or exclude any services to be acquired by the Department publish or disclose the names of successful tenderers or those who are shortlisted as a result of the evaluation of responses to the RFT if the Department considers that no tender offers value for money in accordance with the RFT, or it is otherwise in the public interest to do so, terminate the RFT process and: A. negotiate with one or more non tenderers or B. enter into a contract or other binding relationship outside the RFT process and h. allow or not allow a related body corporate within the meaning of the Corporations Act 2001 (Cth) to take over a tender in substitution for the original tenderer. 26.2. 26.3. The establishment of a time or date in this RFT does not create an obligation on the part of the Department to take any action or create any right in any tenderer that any action be taken on the date established. Debriefing of Tenderers Tenderers may request an oral debriefing following the conclusion of the RFT process. Tenderers requiring a debriefing should contact the Contact Officer. Tenderers will be debriefed against any evaluation criteria contained in this RFT. In accordance with Commonwealth policy, a tenderer will not be provided with information concerning other tenders, except for publicly available information and except in so far as comparative statements can be made without breaching confidentiality. Applicable Law The law applying in the Australian Capital Territory applies to this RFT and to the RFT process. 27. 27.1. 27.2. 28. RFT MACHINERY MAINTENANCE.DOC Page 11 ATTACHMENT A - STATEMENT OF REQUIREMENTS Essential Requirements To ensure all works are completed between a Mon-Friday. Each invoice must include the machine number that was serviced (each machine at the ANBG is numbered individually) The use of genuine or non genuine parts must be discussed between the contractor and the contact officer prior to each part being purchased. Scope The ANBG has a number of machines that require regular servicing a 2,4 month and annual basis. This machinery maintenance contract is for the regular servicing of these machines. Services to be performed/ Products to be supplied This schedule is for the purpose of providing a fixed cost for the various types of service required on the machinery used at the Australian National Botanic Gardens. Each individual type of machinery is listed with the different service requirements for each machine. The servicing costs presented by the tenderer will be for labour and for common part replacement including spark plugs, oil and grease. Any extra-unexpected parts required will be discussed between the contractor and the contact officer prior to purchase. Toro workman service schedule Every 2 month Check battery fluid level Check battery cable connections Change engine oil Every 4 month Lubricate all grease fittings Clean engine rotating screen Inspect air cleaner Replace engine oil filter Inspect brakes and parking brake Torque the wheel lug nuts Check front suspension toe in and ride height Check operation of neutral gear shift position Cost for 2 month service = $ Cost for 4 month service = $ Cost for annual hour service = $ Annually Inspect fuel lines Replace fuel filter Inspect drive belt Inspect and adjust starter belt Change transaxle oil Replace spark plugs RFT MACHINERY MAINTENANCE.DOC Page 12 Cushman service schedule Every 2 month Change engine oil and filter Every 4 month Check power steering fluid Change fuel filter Lubricate chassis Check differential oil Check transmission oil level Check hydraulic oil Check brake fluid Check brake adjustment Check clutch adjustment Annually Replace air cleaner element Check fan belt tension Inspect radiator hoses and clamps Change hydraulic oil Change coolant Replace hydraulic filter Clean battery and terminals Check alternator Check starter motor brushes Check brake linings Check differential fluid Check fuel hoses and clamps Check all belts Adjust brakes Replace transmission fluid Cost for 2 month service = $ Cost for 4 month service = $ Cost for annual hour service = $ RFT MACHINERY MAINTENANCE.DOC Page 13 Tractor service schedule (B4050 and B7200) Every 2 month Change engine oil and filter Every 4 month Check power steering fluid Change fuel filter Lubricate chassis Check differential oil Check transmission oil level Check hydraulic oil Check brake fluid Check brake adjustment Check clutch adjustment Annually Replace air cleaner element Check fan belt tension Inspect radiator hoses and clamps Change hydraulic oil Change coolant Replace hydraulic filter Clean battery and terminals Check brake linings Check differential fluid Check fuel hoses and clamps Check all belts Adjust brakes Replace transmission fluid Cost for 2 month service = $ Cost for 4 month service = $ Cost for annual hour service = $ Taylor-Dunn Electric Vehicles Every 2 month check and fill batteries check brake system check steering system Every 4 month lubricate vehicle clean and tighten all wire connections wash and service batteries check park brake check front wheel bearings check rear axle oil Cost for 2 month service = $ Cost for 4 month service = $ Cost for annual hour service = $ Annually change rear axle oil check and tighten all nuts and bolts clean and repack front wheel bearing RFT MACHINERY MAINTENANCE.DOC Page 14 Dingo service schedule Every 2 month Check Hydraulic oil level Check hydraulic hoses Replace air cleaner element Every 4 month Change engine oil & filter Tighten wheel nuts Check drive chain tension Replace fuel filter Clean cooling areas under shrouds Check battery levels Cost for 2 month service = $ Cost for 4 month service = $ Annually Change hydraulic fluid & filter Service UTE starter drive Clean solenoid shift starter Replace fuel filter element Replace spark plug Cost for annual hour service = $ Time The servicing should occur around the dates specified below, and any variations to this must be agreed upon by the contact officer. 2 month service February, April, June, August, October December. 4 month service June, October, February annual service December Additional Services If there is a possibility the Department may require the Consultant to perform extra services that should be specified here. RFT MACHINERY MAINTENANCE.DOC Page 15 ATTACHMENT B - DECLARATION BY TENDERER Offer The tenderer offers to provide the Services at the price proposed and on the conditions set out in the RFT. The tenderer undertakes not to withdraw, vary or otherwise compromise this offer for a period of two months from the closing date set out in the RFT. Conflict of interest The tenderer represents that, having made all reasonable enquiries, it either: — does not have any known actual or potential conflicts of interest in respect of the RFT, its tender or the provision of the Services or — has in this Declaration declared all such actual or potential conflicts to the Department. The tenderer represents that, having made all reasonable enquiries, the following represents its only known actual or potential conflicts of interest in respect of the RFT, its tender or the provision of the Services: — [List] The tenderer undertakes to advise the Department in writing of all actual or potential conflicts of interest in respect of the RFT, its tender or the provision of the Services immediately upon becoming aware of the same. Improper Assistance The tenderer represents that: — this tender has been compiled without the improper assistance of any Commonwealth employee and without the use of information obtained unlawfully or in breach of an obligation of confidentiality to the Commonwealth and — it has not contravened paragraph 21 of the RFT. Further Representations and Acknowledgements The tenderer makes the following further representations to the Department: — it has examined the RFT, the Draft Services Agreement, all documents referred to in the RFT and all other information made available to it and all applicable legislation and policies — it has examined all further information which is obtainable by making reasonable enquiries relevant to the risks, contingencies and other circumstances having an effect on its tender — it has satisfied itself as to the correctness and sufficiency of its tender RFT MACHINERY MAINTENANCE.DOC Page 16 — it has relied entirely on its own enquiries and has not relied on any representation, warranty or other conduct by or on behalf of the Department, except as expressly provided in the RFT or in notices received by it — it has accepted and has fully complied with the provisions of the RFT including the terms and conditions in the RFT and it has accepted and will execute the Draft Services Agreement, in each case save only for the matters detailed in Attachment E and — its tender is fully compliant with the requirements of the RFT, the documents attached to or comprised in the RFT and all documents to which it refers save only for the matters detailed in Attachment E. The tenderer acknowledges that: — the Department may exercise any of its rights set out in the RFT, at any time — the statements, opinions, projections, forecasts or other information contained in the RFT may change — the RFT is a summary only of the Department’s requirements and is not intended to be a comprehensive description of it — neither the lodgement of the RFT nor the acceptance of any tender nor any agreement made subsequent to the RFT will imply any representation from or on behalf of the Department that there has been no material change since the date of the RFT or since the date as at which any information contained in the RFT is stated to be applicable — except as required by law and only to the extent so required, neither the Department, nor its respective officers, employees, advisers or agents will in any way be liable to any person or body for any loss, damage, cost or expense of any nature arising in any way out of or in connection with any representations, opinions, projections, forecasts or other statements, actual or implied, contained in or omitted from the RFT and — the tenderer has sought its own professional advice as appropriate and has not construed the RFT as investment, legal, tax or other advice. Confidentiality The tenderer acknowledges that the Department may disclose, and consents to the Department disclosing, any information provided by the tenderer, whether confidential or not: — to its advisers or employees solely in order to evaluate or otherwise assess the tender — to its internal management personnel solely in order to evaluate or otherwise assess the tender — to the responsible Minister — in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia — within the Department, or with another Commonwealth agency, where this serves the Commonwealth’s legitimate interests RFT MACHINERY MAINTENANCE.DOC Page 17 — where the information is authorised or required by law to be disclosed — where the information is in the public domain otherwise than by a Commonwealth disclosure and — where the disclosure is required to meet the Department's reporting or accountability requirements, including, without limitation: – – – – – under the Financial Management and Accountability Act 1997 to the Australian National Audit Office or any other auditor appointed by the Department in accordance with the provisions that require notification of Commonwealth contracts in the Commonwealth Government Gazette in accordance with the Requirements for Departmental Annual Reports and to the Commonwealth Ombudsman. The tenderer acknowledges that the Department has received this tender in reliance on this Declaration. The tenderer acknowledges that the Department may suffer loss if any of the representations, undertakings, consents or other statements in this Declaration or the tenderer’s tender are misleading or deceptive. __________________________________________________________________________________ Dated: Duly Authorised to Sign tenders for and on Behalf of (state full name of tenderer) ----------------------------------------------------------------------------------------------------------------------------___________________________________________________________________________ SIGNATURE OF REPRESENTATIVE ...................................................................... __________________________________________________________________________________ NAME OF REPRESENTATIVE (In Block Letters) ...................................................................... ___________________________________________________________________________ POSITION OF REPRESENTATIVE (In Block Letters) ...................................................................... ___________________________________________________________________________ RFT MACHINERY MAINTENANCE.DOC Page 18 SIGNATURE OF WITNESS ADDRESS OF WITNESS ...................................................................... ..................................................................... ...................................................................... ...................................................................... ___________________________________________________________________________ REFER ENQUIRIES TO: (Name in Block Letters) TELEPHONE NO. ..................................................................... ..................................................................... RFT MACHINERY MAINTENANCE.DOC Page 19 ATTACHMENT C - TENDERER DETAILS Tenderer Name Registered Office Principal Place of Business Date and Place of Incorporation Trading and Business Names Registered Business Number Australian Business Number Registered for GST? Office Hours Yes Week days No Emergency after hours Contact Person Name: Position Address: Phone Number: Fax Number: Email: RFT MACHINERY MAINTENANCE.DOC Page 20 ATTACHMENT D - PRICING SCHEDULE RFT MACHINERY MAINTENANCE.DOC Page 21 ATTACHMENT E - STATEMENT OF COMPLIANCE A response (in accordance with paragraph 4.4 of the RFT) should be provided in respect of each paragraph of the RFT and in respect of each paragraph of the Draft Services Agreement. If appropriate, compliance may be indicated against groups of paragraphs or clauses (eg. “paragraphs 17.1 to 17.4 inclusive: ‘Complies’ ”, or for the Draft Services Agreement “clauses 1 to 15 inclusive: Complies”). Paragraph/Annex/Attachment Number Paragraphs Tenderer's Response Draft Services Agreement RFT MACHINERY MAINTENANCE.DOC Page 22 ATTACHMENT F - DRAFT SERVICES AGREEMENT RFT MACHINERY MAINTENANCE.DOC Page 23 ATTACHMENT G - EVALUATION CRITERIA RESPONSE SCHEDULES RFT MACHINERY MAINTENANCE.DOC Page 24 SCHEDULE 1 - PROPOSED SERVICE DELIVERY SOLUTION RFT MACHINERY MAINTENANCE.DOC Page 25 SCHEDULE 2 - TECHNICAL AND MANAGEMENT CAPABILITY RFT MACHINERY MAINTENANCE.DOC Page 26 SCHEDULE 3 - EXPERIENCE AND DEMONSTRATED EXPERTISE RFT MACHINERY MAINTENANCE.DOC Page 27 SCHEDULE 4 - CLIENT FOCUS RFT MACHINERY MAINTENANCE.DOC Page 28