Request for Tender
for the provision of (Insert description of requirement)
Issue Date Closing Date Closing Time Closing Place And Tender Address
Insert date Insert date
2 pm [Local Hobart Time] RFT Insert reference number Tender Box Australian Antarctic Division 203 Channel Highway Kingston, Tasmania AUSTRALIA 7050
Contact Officer: Telephone: Facsimile: Email:
(Insert name)
(03) 62 323 XXX (03) 62 323 256 tenders@aad.gov.au
NOTE TO TENDERERS: Tenderers need not return the information provided. When submitting offers (Annexes B,C and D), Tenderers agree to abide by the terms and conditions of the Request for Tender.
TABLE OF CONTENTS
1
Provision of Services ........................................................................................................... 3 1.1 1.2 1.3 Overview ......................................................................................................................................3 AAD Requirements ......................................................................................................................3 Offers of Services above the Minimum Standard ........................................................................3
2
General Matters.................................................................................................................... 3 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Disclaimer ....................................................................................................................................3 Conflict of Interest Declaration ....................................................................................................3 Inconsistency ...............................................................................................................................4 Interpretation of Terms ................................................................................................................4 No Contract or Undertaking .........................................................................................................4 False or misleading statements ...................................................................................................4 Amendment, Suspension, Termination or Abandonment of RFT by the AAD ............................4 Debriefing for Unsuccessful Tenderers .......................................................................................5
3
Evaluation of Tenders .......................................................................................................... 5 3.1 3.2 3.3 3.4 3.5 Non-Compliant Tenders ..............................................................................................................5 Evaluation Methodology ..............................................................................................................5 Evaluation Criteria .......................................................................................................................6 Financial and Business Viability ..................................................................................................7 Draft Contract ..............................................................................................................................8
4
Conditions of Tendering ....................................................................................................... 8 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 Tender Response Form ...............................................................................................................8 Consortia .....................................................................................................................................9 Part Tenders ................................................................................................................................9 Onus on the Tenderer .................................................................................................................9 Ambiguities, Discrepancies, Inconsistencies, Errors or Omissions in Tenders ..........................9 Alterations and Amendments to Tenders ....................................................................................9 Tenders to Remain Open ............................................................................................................9 Revisions to Tenders and Supplementary Material.................................................................. 10 Ownership of Tender Documents ............................................................................................. 10 Confidential Information ............................................................................................................ 10 Exceptions to Confidentiality .................................................................................................... 11 Subcontractors ......................................................................................................................... 11 Tendered Prices ....................................................................................................................... 12 Language and Measurement.................................................................................................... 12 Provision of Further Information ............................................................................................... 12 Compliance with Commonwealth Legislation and Policies ...................................................... 13
5
Lodging Tenders ................................................................................................................ 15 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 Contact Officer .......................................................................................................................... 15 Location for Lodgement of Tenders ......................................................................................... 15 Deadline for Lodgement of Tenders ......................................................................................... 15 Transmission of Tenders by Facsimile or E-mail ..................................................................... 16 Packaging and Identification of Tenders .................................................................................. 16 Copies of Tender ...................................................................................................................... 16 Length of Tender ...................................................................................................................... 16 Confirmation of Receipt ............................................................................................................ 16 Late Tenders............................................................................................................................. 16 Extension of the Deadline ......................................................................................................... 17 Attachments Attachment 1 Attachment 2
Annexures Annexure A: Annexure B: Annexure C: Annexure D:
Tender Compliance Checklist Tender Response Form Tenderer’s Statutory Declaration Financial Viability Questionnaire
Statement of Requirement Glossary of Terms
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1
1.1
1.1.1
Provision of Services
Overview
By this Request for Tender (RFT), the Commonwealth of Australia acting through the Australian Antarctic Division (AAD), a Division of the Department of the Environment and Heritage seeks tenders under the terms and conditions of the RFT to provide the Services as described in the attached Statement of Requirement and Specification. (Insert brief overview of the requirement). The AAD is now seeking proposals from suitably qualified suppliers to provide the Services (as defined in Attachment 1 – „Statement of Requirement‟).
1.1.2 1.1.3
1.2
1.2.1
AAD Requirements
The technical and functional requirements to be provided by the successful Tenderer are set out in Attachment 1, „Statement of Requirement‟. The main purpose of the RFT is to (Insert short description of the requirement) and determine the associated costs and if appropriate, to enter into a contract with the successful Tenderer(s). In moving to a new Service Provider the AAD also wishes to (Identify any aspects for improvement i.e. environmental, one stop shop etc).
1.2.2
1.3
1.3.1
Offers of Services above the Minimum Standard
While Tenderers must tailor their bids to the specifications shown in the Statement of Requirement, the AAD reserves the right to consider Tenders offering Services above the minimum standard and/or alternative solutions.
2
2.1
2.1.1
General Matters
Disclaimer
Although certain information is contained in this RFT, Tenderers must make their own independent assessment and investigations regarding the subject matter of the RFT. Neither the Commonwealth of Australia, its employees nor its contractors: (a) makes any representations or warranties as to the accuracy, reliability or completeness of the information; nor has any liability under the law or otherwise arising from the information, the Tender process or any activity associated with them.
(b)
2.2
2.2.1
Conflict of Interest Declaration
A conflict of interest arises when a Tenderer, or a person or organisation associated with the Tenderer, is in a position to benefit directly or indirectly from actions of the Tenderer through an unfair or unintended imposition or loss on the Commonwealth or other party. A conflict of interest can also arise when a Tenderer‟s integrity, objectivity or fairness in performing the Services is at risk due to a personal interest or conflicting business arrangements. Tenderers must disclose in their Tenders any potential or actual conflicts of interest that they may have or may be perceived to have in respect of their responsibilities to the Commonwealth and other parties in the course of delivering the Services, should they be selected as the successful Tenderer. Tenderers must also specify how they will identify and manage the potential for conflicts or perceptions of conflicts to arise. Tenderers should specify how they propose to address the conflict or perception of conflict, if one arises. Tenderers must explain how the AAD will gain assurance that the conflict of interest or perceived conflict of interest will not impact adversely on the performance of the Services.
2.2.2
2.2.3
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2.2.4
Identification of a conflict of interest or a perceived conflict of interest will not automatically exclude a Tenderer from consideration. The AAD reserves the right to assess the potential impact of the conflict or perceived conflict in relation to the Tender before a final decision is made. However, the AAD‟s decision about exclusion will be final. Tenderers should also note Tenderers Statutory Declaration (Annexure C) regarding illegal activities.
2.2.5
2.3
2.3.1
Inconsistency
The annexures and attachments form part of this RFT. If any part of this RFT conflicts with another part, that part higher in the following list shall take precedence: (a) (b) (c) (d) the sections in the body of the RFT; the annexures; the Statement of Requirement the Draft Contract.
2.3.2
See section 3.5 for further information about the Draft Contract.
2.4
2.4.1
Interpretation of Terms
Unless a contrary interpretation appears, terms used in this RFT have the same meaning as those given in Attachment 3 (Glossary of Terms). Responses to the Statement of Requirement will form the basis of negotiations between the AAD and short-listed or preferred Tenderer(s) to develop an agreed Contract, including service levels, critical success factors and key performance indicators.
2.4.2
2.5
2.5.1
No Contract or Undertaking
This RFT is expressly not a contract between the Commonwealth and the Tenderer, nor an offer to contract. The AAD is not bound to accept the lowest OR any Tender. Nothing in this RFT, any Tender, or any conduct or statement made before or after the issue of this RFT is to be construed so as to give rise to any contractual obligations, express or implied, or any obligations in equity. The AAD makes no binding representations or undertakings as to how the Tender process will be conducted.
2.5.2 2.5.3
2.6
2.6.1
False or misleading statements
If a Tenderer is found to have made false or misleading claims or statements, the AAD reserves the right to reject at any time, any Tender lodged by or on behalf of that Tenderer. Tenderers should be aware that giving false or misleading information is a serious offence under the Criminal Code. See section 4.16.10 for further information about the requirements of the Criminal Code.
2.6.2
2.7
2.7.1
Amendment, Suspension, Termination or Abandonment of RFT by the AAD
Without limiting its rights at law or otherwise, and notwithstanding any other provision of this RFT, the AAD reserves the right in its absolute discretion at any time to: (a) (b) (c) cease to proceed with, amend or alter the process outlined in this RFT; require additional information or clarification from any Tenderer or anyone else; evaluate some, all or no Tenders;
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(d) (e) (f) (g) (h)
change, or use additional, evaluation criteria as required; provide additional information or clarification to Tenderers; negotiate with one or more Tenderers; call for new Tenders; or negotiate with any person who is not a Tenderer and enter into a contract in relation to this Project with that person on such terms as the AAD in its absolute discretion accepts.
2.7.2
If the AAD ceases to proceed with, amends or alters the process in accordance with section 2.7.1, or provides additional information or clarification to Tenderers in accordance with section 2.7.1, the AAD may only send notice to those who have submitted a Tender.
2.8
2.8.1
Debriefing for Unsuccessful Tenderers
All Tenderers will be informed of the outcome of their Tender at the conclusion of the Tender process. Unsuccessful Tenderers will be offered the opportunity for a debriefing in a manner specified by the AAD. Details for arranging the debriefing will be given to Tenderers in writing at the conclusion of the Tender process.
2.8.2
3
3.1
3.1.1
Evaluation of Tenders
Non-Compliant Tenders
Prior to evaluation, the AAD may decide to exclude Tenders that are “non-compliant Tenders” from the evaluation process. A Tender is a complying Tender if it meets all of the requirements listed in Tender Compliance Checklist (Annexure A). Tender is a non-compliant Tender if it does not meet one or more of the requirements in the Tender Compliance Checklist. The AAD‟s decision about whether a Tender complies with the requirements of this RFT is final. If a Tender is assessed by the AAD as non-compliant on the basis of an assessment against the requirements listed in the Tender Compliance Checklist then the AAD may, at its absolute discretion, exclude the Tender from any further consideration.
3.1.2
3.1.3 3.1.4
3.2
3.2.1
Evaluation Methodology
The objective of the evaluation is to identify the Tender(s) that best meet the AAD‟s requirements and represent best value for money for the Commonwealth. Tenders will be evaluated against the criteria set out in this RFT. A Tender which is rated unsuitable/unsatisfactory against one or more of those criteria may be excluded from further consideration. The evaluation process will include: (a) an evaluation against the evaluation criteria as listed in section 3.3 and with consideration of section 2.7.1; and on the basis of that evaluation, a decision as to what Tender(s) represent best value for money for the Commonwealth.
3.2.2
3.2.3
(b)
3.2.4
The AAD may also take into account other considerations such as financial viability, acceptance of the terms of the Draft Contract and compliance with Commonwealth and State legislation and policies. The AAD has discretion to consider these matters in relation to all Tenders, or to only consider these matters in relation to short-listed or preferred Tenderer(s).
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3.2.5
The AAD may undertake the evaluation of the Tenders in conjunction with representatives of other Commonwealth agencies or the AAD‟s contractors and advisers. In assessing Tenders, the AAD will: (a) have regard to the Commonwealth Procurement Guidelines (these can be found on the Department of Finance and Administration website Department of Finance); and act fairly and be consistent in its dealings with all Tenderers.
3.2.6
(b) 3.2.7
The AAD reserves the right to seek any information from any source on any organisation/person submitting or involved in a Tender. At any stage in the evaluation process, the AAD may, at its discretion, invite Tenderers to give presentations to the AAD‟s Tender evaluation team. At the presentation, the AAD may ask the Tenderer to clarify Tendered details and answer questions about its Tender. The AAD reserves the right to set the format, content and length of any presentation and to invite only short listed Tenderers to give a presentation.
3.2.8
3.3
3.3.1
Evaluation Criteria
The AAD will not accept a Tender from any Tenderer that is not (Insert requirements of a Tenderer i.e. must and endorsed supplier, must be ISO accredited etc). The AAD will have regard to the following criteria in assessing what Tender(s) represent best value for money. A Tender which is rated unsuitable/unsatisfactory against one or more of those criteria may be excluded from further consideration. (a) Capacity (b) The Tenderer‟s previous experience and track record in providing similar Services to other organisations. The extent to which the Tenderer is able to provide Services to meet current and future AAD requirements. The extent to which the Tenderer engages third party resources and/or Services and the degree of control that the Tenderer exercises over these engagements.
3.3.2
Capability Extent to which the Tenderer meets the Statement of Requirement ie. the Tenderer‟s demonstrated level of compliance and ability to provide: The Services at requested levels and capacity Support/Personnel capabilities Methodology & systems Transition in/out planning Pro-active management and ongoing contract management
(c)
Proposal Quality and completeness of Tender response particularly in respect of the draft Relationship Manual – see „Statement of Requirement‟ – Attachment 1 – section 6.7.5. Any value added Services Pricing structure and options General account support initiatives Extent of compliance with the Draft Contract
(d)
Whole of Contract Costs
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All costs, fees, allowances and charges associated with the implementation and completion of contract obligations will be taken into account.
(Evaluation Criteria will need to be amended to support the requirement) Note: It is necessary at this stage to consider including Qualitative Criteria such as: (a) whether or not to weight price criteria; and (b) whether or not to publish weightings of evaluation criteria.
3.4
3.4.1
Financial and Business Viability
The AAD prefers to deal with contractors who have demonstrated that they are financially viable and have a positive business history. Any Tenderer may have their financial viability and business history assessed, primarily based on information provided in Financial Viability Questionnaire (Annexure D). The Financial Viability Questionnaire forms part of the required Tender documentation and must be completed and submitted by each Tenderer as part of their Tender. If a Tenderer is assessed as not financially viable by the AAD, the AAD may: (a) (b) reject the Tender on that basis; or take the financial viability risk into account in assessing the Tender and propose alternate contractual terms to mitigate the financial viability risk.
3.4.2
3.4.3 3.4.4
The AAD‟s assessment and decision in relation to financial viability is final. In addition to the information provided in the Tender, the AAD may obtain independent financial and business reports to determine a Tenderer‟s business viability and capacity to perform/provide the required Services. In responding to this RFT, Tenderers are giving consent to the AAD to obtain such information. The AAD reserves the right to use the information provided in response to the RFT for any reviews and investigations it may subsequently undertake. The AAD reserves the right to request from Tenderers any further information or documents that relate to the Tenderer‟s financial viability or would assist in assessing financial viability. This may include requesting further financial statements. This right is in addition to the right to request information to correct errors, omissions or discrepancies set out in section 4.15.11 of this RFT. If a Tenderer does not supply the further information requested, the consequent lack of information may adversely affect its financial viability assessment. Notwithstanding this, the onus is on Tenderers to satisfy the AAD of their financial viability to meet the required contractual obligations. Tenderers should read the financial viability questionnaire carefully and ensure that all required information is supplied and the financial statements attached are up to date and relate to the entity that it is proposed would be the contracting entity. If incorrect or incomplete information is supplied, this may result in the Tenderer failing to pass financial viability due to insufficient evidence of viability. If an organisation is being established specifically to Tender, it will need to provide independent supporting evidence of its capacity to operate. This evidence may be in the form of financial statements, references, guarantees or other documents, perhaps from an accountant or financial institution that independently verifies the financial resources and financial viability of the organisation. It is important that realistic assumptions are made about cash flow. Tenderers must ensure that full disclosure is made of all current and past financial and legal matters relating to the Tenderer and its personnel, as named in the Financial Viability Questionnaire, and any other matter which may affect: (a) (b) an assessment of the Tenderer‟s business integrity; or the Tenderer‟s financial viability; or 7
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3.4.5
3.4.6
3.4.7
3.4.8
3.4.9
3.4.10
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(c) 3.4.11
the Tenderer‟s ability to provide and maintain Services.
Matters which must be disclosed include but are not limited to: (a) (b) (c) (d) bankruptcies; criminal convictions; directorships of insolvent or liquidated companies; and convictions under the Corporations Act 2001.
3.4.12
The AAD undertakes to treat all information obtained with respect to the financial viability of a Tenderer with the same degree of security as afforded to the Tender information and documents.
3.5
3.5.1
Draft Contract
Acceptance of the successful Tender will be subject to the execution of a contract between the Commonwealth and the successful Tenderer. The Draft Contract will be the basis for the final contract between the Commonwealth and the successful Tenderer. The Draft Contract can be downloaded from the AAD website AAD Draft Strategic Contract - Terms & Conditions. Tenderers unable to access the AAD website or require a hard copy format can do so by liaising with the AAD Contact Officer(s) (see section 5.1.1). Tenderers will be expected to make themselves aware of the Draft Contract terms and conditions (as per section 3.5.2) and are required to indicate their agreement or otherwise to be bound by the terms and conditions of the Draft Contract in Tender Response Form. This should be completed on an exception basis – i.e. Tenderers are only required to list the terms and conditions which they are unable to, or do not agree, to be bound by. The declaration must be signed even if a Tenderer accepts all the terms and conditions of the Draft Contract. Where a Tenderer does not agree with any conditions of the Draft Contract, the AAD may in its absolute discretion: (a) exclude the Tender from further consideration (whether or not the Tender has been evaluated against the evaluation criteria); or enter into negotiations with the Tenderer regarding the disputed terms, either before or after the Tender process has been completed.
3.5.2
3.5.3
3.5.4
(b)
3.5.5
The AAD reserves the right to make changes to the Draft Contract before entering into a contract with the successful Tenderer. The AAD also reserves the right to enter into postTender contract negotiations with a preferred or successful Tenderer. There is no binding agreement, express or implied, between the AAD and any Tenderer in relation to the Services until a contract is executed by both the AAD and a Tenderer. The final contract will contain the entire agreement between the AAD and the successful Tenderer. The AAD does not undertake to award a contract to any Tenderer as a result of the Tender process (see also section 2.5 of this RFT).
3.5.6
3.5.7
4
4.1
4.1.1
Conditions of Tendering
Tender Response Form
Tenderers must complete Tender Response Form (Annexure B) of this RFT. Tenders that do not include a completed Tender Response Form may be treated as non-compliant in accordance with section 3.1 and excluded from further evaluation.
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4.2
4.2.1
Consortia
The AAD will accept Tenders from consortia. The AAD requires that consortia appoint a lead member who is authorised to deal on behalf of all members of the consortia, and enter into contracts which are binding on them. For the purposes of submitting the Tender: (a) (b) (c) All consortia members should be clearly identified; The identity of the lead member should be clearly identified; and The lead member and all other members of the consortia must complete the Financial Viability Questionnaire.
4.2.2
The AAD may subsequently require all consortia members to execute statutory declarations stating that the lead member has the authority to bind other members.
4.3
4.3.1
Part Tenders
The AAD will not consider part Tenders for one or more of the required Services (as described in this RFT). (Amend or mark as ‘Not Applicable’ as required. Do not delete paragraph)
4.4
4.4.1
Onus on the Tenderer
Tenderers are responsible for ensuring that they have: (a) (b) examined this RFT and all documents referred to in this RFT; examined any information made available in writing by the AAD to Tenderers for the purpose of Tendering; examined all further information which is obtainable by making reasonable inquiries relevant to the risks, contingencies and other circumstances having an effect on their Tenders; and satisfied themselves as to the correctness and sufficiency of their Tenders including Tendered prices.
(c)
(d)
4.4.2
Tenderers are responsible for all costs incurred in the preparation and lodgement of Tenders, and in respect of any discussions, negotiations, enquiries or any work undertaken by them after the Tender has been submitted. The AAD is not liable for any costs or compensation in relation to these matters, regardless of whether the AAD terminates, varies or suspends the RFT process or takes any other action under this RFT.
4.5
4.5.1
Ambiguities, Discrepancies, Inconsistencies, Errors or Omissions in Tenders
The AAD will not/will not (delete as applicable) accept responsibility for any misunderstanding arising from the failure by a Tenderer to comply with the requirements set out in this RFT, or arising from any ambiguity, discrepancy, inconsistency, error or omission contained in a Tender.
4.6
4.6.1
Alterations and Amendments to Tenders
Alterations and amendments to a Tender made before the lodgement of the Tender must be clearly legible and initialled by the Tenderer. Tenders containing un-initialled alterations and amendments and Tenders in which information is not legible may be excluded from consideration at the total discretion of the AAD.
4.7
4.7.1
Tenders to Remain Open
Any Tender in response to this RFT remains open until the earlier of: (a) (b) Receipt by the Tenderer of notification from the AAD that its offer was unsuccessful; or (Insert date)
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4.8
4.8.1
Revisions to Tenders and Supplementary Material
If a Tenderer wishes to revise any material aspect of its Tender following submission of its Tender, revisions must be in writing and accompanied by a clear statement from the Tenderer about the action that the Tenderer wishes the AAD to take with the original Tender submission. All such revisions must be received by the Deadline and comply with all other conditions of this RFT. If a revision is received after the Deadline the revision (but not the whole Tender) will be treated as a late Tender (see section 5.9). Tenderers may attach additional or explanatory information as supplementary material to their Tender. Supplementary material is material additional to the formal Tender which elaborates or clarifies the formal Tender, but which does not alter it in any material aspect. Supplementary material which, in the AAD‟s opinion, effectively alters the formal Tender may not be admitted for evaluation. Packages containing supplementary material must be clearly labelled. Supplementary material must be provided by the Deadline. If supplementary material is received after the Deadline the supplementary material (but not the whole Tender) will be treated as a late Tender (see section 5.9). The exception to this is if the AAD specifically requests the supplementary material to be provided after the Deadline.
4.8.2
4.8.3
4.8.4 4.8.5
4.9
4.9.1 4.9.2
Ownership of Tender Documents
All Tender documents become the property of the Commonwealth on submission. The AAD may make copies of the Tender documents for any purpose related to this Tender process. All information provided by Tenderers in their responses to this RFT: (a) will be retained by the AAD for the purposes of the Tender process, and may be destroyed by it thereafter in accordance with any legislative or other requirements; will be available for use by the AAD and its advisers and contractors for any purpose connected with the Tender process; and is not returnable to the Tenderer.
4.9.3
(b)
(c) 4.9.4
Where a Tenderer claims intellectual property rights in any part of its Tender, then the AAD will give effect to that claim if: (a) (b) the claim is clearly made; and the part in respect of which it is made is clearly identified.
4.9.5
Any claim regarding intellectual property rights is subject to the AAD‟s right to use the intellectual property and make copies of the Tender documents for any purpose related to this Tender process.
4.10
4.10.1
Confidential Information
The AAD operates within a public accountability framework which requires it to ensure openness and transparency of it activities. This requires the AAD to minimise the amount of information that is subject to confidentiality requirements. The overriding principle applied by the AAD is that information should not be protected as confidential unless there is good reason to do so. Subject to section 4.10.1, during the Tender process the AAD will treat as confidential: (a) all information contained in the Tender; and
4.10.2
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(b)
any additional information provided by the Tenderer in the course of the Tender process, including any negotiations.
4.10.3
Subject to section 4.10.1, for unsuccessful Tenderers, the AAD will continue to treat the information referred to above as confidential, after the end of the Tender process. Tenderers are asked to identify in the Tenderer‟s Response Form any information that they consider should be protected as confidential information under a contract with the Commonwealth, including reasons for the request. The AAD may request further information from a Tenderer about its claim for confidentiality and that information must be provided within three (3) working days of the request. If the Tenderer fails to identify any information in Tender Response Form, the AAD will consider that the Tenderer has no information which should be protected as confidential under a contract. If the AAD and the Tenderer enter into a contract, the information which is to be protected as confidential will be listed in the schedule to the contract. The AAD reserves the right, at its sole discretion, to accept or refuse a request to treat information as confidential. If the AAD and a preferred Tenderer enter into negotiations and the AAD does not accept that Tenderer‟s request to treat information as confidential, the AAD will notify the Tenderer in writing of the decision. Unless the AAD and the Tenderer reach agreement within five (5) working days of the notification, the AAD reserves the right not enter into a contract with that Tenderer and to enter into a contract with another Tenderer.
4.10.4
4.10.5
4.10.6
4.10.7
4.10.8
4.11
4.11.1
Exceptions to Confidentiality
The AAD‟s obligation to keep a Tenderer‟s information confidential will not be breached if the information: (a) (b) is disclosed by the AAD to the responsible Minister; is disclosed by the AAD in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia; is authorised or required by law to be disclosed; or is in the public domain otherwise than due to a breach of section 4.10.
(c) (d) 4.11.2
Tenderers should note sections 4.16.7 to 4.16.9 regarding access to records under the Freedom of Information Act 1982, the Auditor-General Act 1997 and the Ombudsman Act 1976. Parliament and the courts also have legal rights of access to a wide range of information.
4.12
4.12.1
Subcontractors
Tenderers must indicate if they intend to use subcontractors to perform the obligations of the Contract and must provide the names and addresses of those subcontractors. Details must be provided for any organisation or person who will work on the Services and who is not an employee of the contractor. This includes any individual or entity in any relationship that facilitates access to Commonwealth Material or Contract Material. The AAD may require a Tenderer to submit similar information (including, without limitation, the giving of similar undertakings, warranties and indemnities) to that required to be furnished by the Tenderer under this RFT, in respect of any of the subcontractors to whom the Tenderer proposes to subcontract. The AAD may also apply financial viability requirements to proposed subcontractors.
4.12.2
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4.12.3
The Contract with the successful Tenderer will require the AAD‟s approval in writing before any changes are made to proposed sub-contracting arrangements. The AAD is not obliged to accept any changes to sub-contracting arrangements. Tenderers will take full responsibility for ensuring the suitability of the sub-contractor for the work proposed to be carried out and for ensuring that such work meets the requirements of the Contract.
4.13
4.13.1
Tendered Prices
Tendered prices must be in Australian currency, and must clearly identify all costs, fees, allowances and charges against each service the Tenderer offers the AAD.
Goods and Services Tax
4.13.2 Tenderers must submit Tenders taking into account the full effect of the GST and other New Tax System changes. Tenderers must take into account the General Principles, Information and Guidelines published by the Australian Competition and Consumer Commission on when prices contravene section 75AU of the Trade Practices Act 1974. This information is contained on the internet at http://gst.accc.gov.au/publications/priceexpl.pdf. In this section, „New Tax System changes‟ has the meaning given in section 75AT of the Trade Practices Act 1974.
4.13.3
4.13.4
Competitive Neutrality
4.13.5 Competitive neutrality requires that Government business activities should not enjoy net competitive advantages over their private sector competitors simply by virtue of public sector ownership. If a Tenderer or any member of a Tenderer‟s consortium is a public sector organisation, the Tenderer must demonstrate in its pricing of the Tender that the requirements of competitive neutrality have been met, including payment of relevant taxes and charges, rates of return and cost of funds. Compliance with the requirements of competitive neutrality may be verified by AAD.
4.13.6
Best and Final Offer
4.13.7 Tenderers should submit their best offer in response to the RFT. The AAD reserves the right to select one successful Tenderer directly or, alternatively, to select a short-list of Tenderers and, if necessary, conduct negotiations with the short-listed Tenderers that may involve seeking a best and final offer.
4.14
4.14.1
Language and Measurement
All Tenders, including any supporting or supplementary material, must be in English. All measurements must be in current Australian units of measurement.
4.15
Provision of Further Information Tenderers’ Requests for Further Information about this RFT
4.15.1
Requests from Tenderers for further information must be directed to the Contact Officer(s) named in section 5.1.1. Where the AAD requires it, requests for further information must be put in writing and sent to the Contact Officer. The AAD‟s answers to requests for further information about this RFT may be given orally or in writing. If considered necessary, an interview may be arranged to discuss the inquiry.
4.15.2
4.15.3
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Amendments, Clarifications and Additional Information
4.15.4 The AAD may amend or provide clarification of this RFT, at its absolute discretion and without notice, up until the Deadline. If any Tenderer discovers any material discrepancy, ambiguity, error or omission in this RFT, it must bring it to the attention of the Contact Officer. The AAD may, at its discretion, issue a notice of amendment or clarification. Tenderers should note that the commercial confidentiality of information provided to the AAD will be taken into consideration when determining the distribution of further information.
4.15.5
4.15.6
Requests for Information about the Status of the Evaluation Process
4.15.7 The AAD will not accept or respond to requests for information on the status and progress of the Tender evaluation process. The outcome of the Tender process will be published in the Commonwealth Purchasing and Disposals Gazette.
4.15.8
Requests for Further Information from Tenderers
4.15.9 The AAD may seek clarification or additional information from any Tenderer at any time. The Tenderer must reply in writing to any request from the AAD under this section within 3 working days of that request.
4.15.10 Each Tenderer must nominate a person to respond to requests that may arise during the evaluation of Tenders. The name, title, address, telephone and facsimile numbers and email address of that person must be included in Tender Response Form. 4.15.11 If, in the opinion of the AAD, there are minor errors, omissions, or discrepancies in a Tender, the AAD may request the Tenderer to give a correction or clarification provided that: (a) the Tenderer does not make any material alteration or significant addition to its Tender; and the Tenderer replies to any request from the AAD under this section within 3 working days of that request, or such other time as the AAD may specify.
(b)
4.15.12 Where such clarification materially alters the formal Tender, the AAD will not admit the Tender or the clarification for evaluation. 4.15.13 Evaluation will be based on the information provided in Tenders where answers to specific queries are not provided within the specified time.
4.16
4.16.1
Compliance with Commonwealth Legislation and Policies
The Tender is expected to comply with all the requirements of all Acts or Parliament of both the Commonwealth and the State of Tasmania and off all ordinances, rules, regulations, by-laws, orders, codes of practice and proclamations made or issued under any such Act and with the lawful requirements of public and other authorities in any way affecting or applicable to the Services or the performance of the Contract. Tenderer(s) will be required to inform themselves about which laws may be applicable. The successful Tenderer(s) are to ensure on a continuing basis throughout the term of the contract the Tenderer(s) and/or employees of the Tenderer(s), employed directly or indirectly, in providing the Services comply with all relevant laws.
4.16.2
Equal Employment Opportunity for Women in the Workplace Act 1999
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4.16.2
Tenderer‟s attention is drawn to the obligations of certain employers under the Equal Opportunity for Women in the Workplace Act 1999 (“the EEO Act”). Inquiries by Tenderers for further information about the legislation should be directed to the Equal Opportunity for Women in the Workplace Agency on (02) 9448 8500, or to EOWA - Women in the Workplace. The Commonwealth Government has directed its staff not to purchase goods or Services from suppliers who do not comply with their obligations, if any, under the EEO Act. It will be a term of the contract that the successful Tenderer complies with its obligations, if any under the EEO Act. A further term of the contract will be that the successful Tenderer does not enter into a subcontract with a non-complying supplier. If a Tenderer is currently named as non-compliant under the EEO Act it must obtain a letter of compliance from the Equal Opportunity for Women in the Workplace Agency. This letter of compliance must either accompany any Tender made to the Commonwealth or be provided to the Commonwealth on or prior to the date on which Tenders close.
4.16.3
4.16.4
4.16.5
Workplace Relations Act 1996
4.16.6 Tenderers must comply with the Workplace Relations Act 1996, in particular Part XA which deals with freedom of association, to the extent that it is applicable to Tenderers‟ activities. It will be a term of the contract that the successful Tenderer has due regard to the Commonwealth‟s policies on employment, including the Workplace Relations Act.
Freedom of information
4.16.7 The Freedom of Information Act 1982 (FOI Act) gives members of the public right of access to documents in possession of the Commonwealth Government and its agencies (which includes the AAD). The FOI Act extends as far as possible the right of the community to access information (generally documents) in the possession of the AAD, limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. Tenderers should obtain, and will be considered to have obtained, their own advice on the impact of this legislation on their participation in this process.
Australian National Audit Office
4.16.8 The Auditor General Act 1997 provides the Auditor General or an authorised person with a right to have, at all reasonable times, access to information, documents, and records. Tenderers should obtain, and will be considered to have obtained, their own advice on the impact of this legislation on their participation in this process.
Commonwealth Ombudsman
4.16.9 The Ombudsman Act 1976 provides the Commonwealth Ombudsman‟s office with extensive power to require the production of documents or information. Tenderers should obtain, and will be considered to have obtained, their own advice on the impact of this legislation on their participation in this process.
Criminal Code Offences
4.16.10 Tenderers‟ attention is drawn to Chapter 7 of the Commonwealth Criminal Code which provides: (a) for offences that attract substantial penalties. (These offences include theft of Commonwealth property and other property offences, obtaining property or financial advantage by deception, offences involving fraudulent conduct, bribery, forgery and falsification of documents.); and that giving false or misleading information is a serious offence.
(b)
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Anti-Terrorism Measures
4.16.11 Tenderers‟ attention is drawn to the obligations under Part 4 of the Charter of United Nations Act 1945 and the Charter of United Nations (Terrorism and Dealing with Assets) Regulations 2002. These laws require any person who holds assets or funds belonging to a person or organisation on the list of persons and entities designated as terrorists to immediately freeze those assets. It is an offence to make any funds or assets available to a person or organisation on the list. The list and more information is available at DFAT - Terrorism. 4.16.12 The AAD will not enter into a contract with a person or organisation on the list.
Privacy Act
4.16.13 The Tenderer‟s attention is drawn to provisions which will require the contractor to comply with the Information Privacy Principles contained in the Privacy Act 1988.
4.17 4.17.1
4.17.2
Environmental Policy
The Tenderer‟s attention is drawn to the AAD‟s Environmental Policy. Tenders must comply with all relevant facets of the Policy. This Policy can be located on AAD Environmental Policy. The AAD wishes to be informed of any claims made by Tenderers about the benefit to the environment of Goods offered by them. The AAD also wishes to be advised of any Goods offered by them that may adversely impact on the environment. The Tenderer will be encouraged to conduct purchasing activities in a manner that is supportive of the AAD Environmental Purchasing Guidelines. The Guidelines can be located on AAD Environmental Purchasing Guidelines. Tenderers unable to access any of the AAD website documents or require a hard copy format can do so by liaising with the AAD Contact Officer(s) (see section 5.1.1).
4.17.3
4.17.4
5
5.1
5.1.1
Lodging Tenders
Contact Officer
The Contact Officer(s) in the AAD who will provide information about this RFT are: Contract Enquiries Name: Position: Telephone: Fax: Email: (Insert name) (Insert position) (03) 6232 3xxx (03) 6232 3256 Tenders@aad.gov.au Technical Enquiries Name: Position: Telephone: Fax: Email: (Insert name) (Insert position) (03) 6232 3xxx (03) 6232 3256 xxxxx@aad.gov.au
5.2
5.2.1
Location for Lodgement of Tenders
All Tenders must be delivered to: The Tender Box, (Insert title of RFT and the Tender number), Australian Antarctic Division 203 Channel Highway Kingston TAS 7050
5.3
5.3.1
Deadline for Lodgement of Tenders
Tenders must be lodged on or before14:00 Australian Eastern Standard Time on (Insert date) („the Deadline‟). The AAD accepts no responsibility for Tenders not received by the Deadline or addressed to the wrong location. 15
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5.3.2
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5.3.3
The anticipated Tender Evaluation Timetable is outlined below: Activity Tenders advertised Tenders close Panel Evaluation Complete Evaluation Preferred Provider Negotiations Unsuccessful Tenderers Notified Transition In Date (Insert date) (Insert date) (Insert date) (Insert date) (Insert date) (Insert date) (Insert date)
5.4
5.4.1
Transmission of Tenders by Facsimile or E-mail
Tenders lodged by facsimile or e-mail will not be accepted.
5.5
5.5.1
Packaging and Identification of Tenders
Tender documents must be enclosed in a sealed envelope or other sealed container. The envelope or container must be clearly marked with the details listed at 5.2.1 and the deadline (Insert date) and addressed to the location for lodgement.
5.6
5.6.1
Copies of Tender (Amend as required)
One original Tender (including supplementary material) plus one hard copy and one soft copy of the Tender must be submitted so that they will be received at the place of lodgement by the Deadline. (The soft copy should be in MS Word and MS Excel format as appropriate, or be able to be read by MS Word or MS Excel; and supplied on CDROM or 3½ inch floppy disks in IBM PC format.). A Tender may be excluded from further consideration if the required numbers of copies are not provided. The original is to be marked „Original‟ and copies are to be marked „Copy No 1‟, and so on. In the event of any discrepancy between the copies and the original, the original will prevail. The AAD‟s decision about discrepancies is final. All material, including the required number of copies of Tenders and supplementary material (with the exception of where the Department request supplementary material from a Tenderer after the Deadline) must be received by the Deadline.
5.6.2
5.6.3
5.7
5.7.1
Length of Tender
There is no page limit for Tenders.
5.8
5.8.1
Confirmation of Receipt The AAD will provide a receipt for a Tender where this is requested from the Contact Officer
within three working days of the Deadline.
5.9
5.9.1
Late Tenders
Any Tender: (a) (b) received at any AAD location other than the place of lodgement; or lodged at the Tender Box after the Deadline will be treated as a late Tender.
5.9.2
The AAD will accept a late Tender only in exceptional circumstances considered by the AAD to be beyond the control of the Tenderer. A Tenderer must provide any evidence requested by the AAD to support its claim that failure to meet the Deadline was for reasons beyond its control. The AAD reserves the right whether or not to seek such further evidence. Evidence which may be considered includes proof of lodgement or posting of the Tender which clearly shows the time and date of lodgement or posting. The AAD‟s decision, with respect to consideration of late Tenders, will be final. No correspondence will be entered into in relation to the decision other than to inform the Tenderer of the decision.
5.9.3
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5.10
5.10.1 5.10.2
Extension of the Deadline
The AAD reserves the right to extend the Deadline at any time before the Deadline. If the AAD extends the Deadline in accordance with this section, then: (a) (b) This RFT is regarded as amended accordingly; If a Tenderer has lodged its Tender, it may ask the AAD, within 3 working days of receipt by the Tenderer of the AAD‟s written extension notice, to return its Tender promptly; Unless a Tenderer makes such a request, it will be regarded as having lodged its Tender on the basis of the extended Deadline.
(c)
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Conditions of Tender
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Annexure A: Tender Compliance Checklist
To be compliant Tenderers must ensure that: 1. The Tender includes a written proposal addressing each of the AAD‟s Requirements as stated in section 6 of Attachment 1 „Statement of Requirement‟ (SOR), inclusive of any other relevant requirements in the body of this RFT. The Tender includes a draft Service Level Agreement as outlined in section 7 of Attachment 1 SOR. (Amend or delete as required) The Tender includes a fully completed Tender Response Form including the following details: (a) (b) (c) (d) (e) Tenderer‟s details and a contact for liaison and notices; Tendered fees for deliverables in the form of a Pricing Proposal; separately identified costs e.g. travel, accommodation or other costs, if required; transition in time-frame; a statement of past experience in providing similar Services, particularly where those Services were provided to Government agencies, and including a list of referees whom the AAD may contact to assist in its evaluation of Tenders received; a summary statement addressing the evaluation criteria, as required in the Tenderer Response Form; and a list of clauses in the Draft Contract which the Tenderer does not agree to be bound by and the level of exception, using the codes provided.
2. 3.
(f)
(g)
4. 5. 6. 7. 8. 9. 10. 11. 12.
The Tender includes a fully completed Financial Viability Questionnaire including all relevant attachments where required; All documentation is signed by a person who has the authority to sign on behalf of the Tenderer; Any requirements regarding bids involving consortia or subcontractors have been complied with (see sections 4.2 and 4.12); Any amendments or deletions in the Tender are initialed by the signatory (see section 4.6); Any requirements regarding revisions to the Tender or supplementary material have been complied with (see section 4.8); Any requirements regarding Tendered prices and language and measurement have been complied with (see sections 4.13 and 4.14); Any requests from the AAD for further information from Tenderers are dealt with in accordance with sections 4.15.1 to 4.15.13; Commonwealth legislation and policies have been noted and, where relevant, complied with (see section 4.16); The requirements of section 5.2 to 5.7 have been adhered to, including that: (a) (b) Tenders have been delivered to the correct location and correctly packaged; Tenders and any revisions or supplementary material have been delivered on or before the Deadline; the correct number of copies of the Tender and any supplementary material have been provided;
(c)
13.
The Tender includes a fully completed and signed Tenderer’s Statutory Declaration.
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Tenderers Response Form
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Annexure B - Tender Response Form
The Tender Response Form is to be completed as outlined in the following instructions. Tenderers that do not comply with these instructions may not be considered for evaluation. The decision of the AAD in this regard is final. Tenderers should consider the AAD‟s requirements as stated in Attachment 1 (Statement of Requirement), and should address the evaluation criteria described in section 3.3 (Evaluation of Tenders) of this RFT in preparing their Tenders. In section 10 of this form Tenderers must state their agreement or otherwise to be bound by the terms and conditions of the Draft Contract (see section 3.5). This must be done on an exceptions basis by indicating only those terms and conditions with which a Tenderer is unable to, or does not wish, to be bound by. The level of agreement / non agreement is identified below: “partially agrees”, means that the contractual condition, obligation, characteristic or performance requirement imposed by the paragraph or clause can be substantially met by the Tenderer, subject to certain qualifications; “does not agree”, means that the complete contractual condition, obligation, characteristic or performance requirement imposed by the paragraph or clause could not be met by the Tenderer; or “not applicable”, means that, due to the nature of the offer, or of the Tenderer, the question of adherence to the paragraph or clause does not arise. Personal information on this form is collected in order to assist the AAD with its evaluation of the Tender and to enable the AAD to contact the Tenderer. The information will be used only for the purpose for which it was provided and will not be disclosed except as authorised or required by law.
1.
Tenderer’s Details
Company Name:
1
ACN :
2
ABN : OR If a Partnership: Trading Name:
Full names of all Partners OR If a Sole Trader: Trading Name:
Full name of the Trader:
1 2
Australian Companies Number. Australian Business Number.
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OR If Other: Full Organisation Name:
Legal Status:
2.
Contact for Liaison and Notices
Mr/Ms/Mrs/Dr: Postal Address:
Telephone: Facsimile: E-mail:
3.
Tendered Fees (Amend as required)
Tenderers should state below their Tendered fees inclusive of GST. The amount of GST must be clearly identified. Please note that Tenderers‟ costs associated with the preparation and submission of the Tender (including the provision of supplementary material) must not form part of the Tendered fees. In this Tender „GST‟ has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999. Tenderers must state the Tendered fees in a manner that makes the total base cost per month transparent to AAD. Tenderers may wish to price their Services at either an hourly or daily rate for the individual Services outlined in Attachment 1: (Statement of Requirement) or price the totality of Services.
4.
Transitioning In Time-frame (If not applicable, put N/A. Do not delete paragraph)
Tenderers should state below their time-frame and deliverables/milestones for transitioning. Transition Project deliverable/milestone 1 2 Time-Frame/Date
5.
Specified Personnel
Tenderers should provide details here of any nominated staff with particular experience and/or expertise who will work on the project. Name Experience Expected level of participation on project
6.
Subcontractors
Tenderers should provide details here of any nominated subcontractors who will assist in the provision of the Services. Name and ACN/ABN Address Expected work to be carried out on the project
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7.
Tenderer’s Experience
Provide details here of past experience in providing similar Services, particularly where those Services were provided to government agencies, supported by referees whom the AAD may contact to assist in its evaluation of Tenders. Referee When the project was undertaken Description of project
8.
Evaluation Criteria (Amend and/or expand as required)
Capacity The Tenderer‟s previous experience and track record in providing similar Services to other organisations. The extent to which the Tenderer is able to provide the Services to current and future AAD requirements. The extent to which the Tenderer engages third party resources and/or Services and the degree of control that the Tenderer exercises over these engagements
•
Capability Extent to which the Tenderer meets the Statement of Requirement ie. the Tenderer‟s demonstrated level of compliance and ability to provide: The Services at requested levels and capacity Support/Personnel capabilities Methodology Transition in/out planning Pro-active management and ongoing contract management Quality Assurance Compliance with required standards, policies, legislation etc
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Proposal Quality and completeness of Tender response particularly in respect of the draft Relationship Manual – see „Statement of Requirement‟ – Attachment 1. Value added Services Pricing structure and options (Possibly include a separate Pricing Schedule. i.e. is pricing fixed, schedule of rates for Services, lump sum etc) General account support initiatives Extent of compliance with the Draft Contract Warranties and guarantees.
Whole of Contract Costs All costs, fees, allowances and charges associated with the implementation and completion of contract obligations will be taken into account.
9.
Tenderer’s Proposed Confidential Information
Tenderers should list here any information which they will be providing in the Tender or during the Tender process that they consider should be protected as confidential information, if a contract is entered into between the Tenderer and the AAD. The Tenderer should provide reasons why this information should be protected as confidential information. Tenderers should note that the AAD will consider each request to keep information confidential on its merits. Whether or not the AAD will agree to a request to keep information confidential will depend on the circumstances and negotiations with the successful Tenderer. The AAD reserves the right, at its sole discretion, to accept or refuse a request to treat information as confidential. The AAD will use the criteria set out in the Australian National Audit Office‟s Report Number 38 /2000 - 2001 (The Use of Confidentiality Provisions in Government Contracts) as a guide when determining whether to accept a claim for confidentiality. The ANAO identified the following types of information which would generally not be considered to be confidential: performance and financial guarantees; indemnities; the price of an individual item, or groups of items of goods or Services; rebate, liquidated damages and service credit clauses; performance measures that are to apply to the contract; clauses which describe how intellectual property rights are to be dealt with; and payment arrangements.
The ANAO‟s report also listed examples of what would usually be considered confidential. These are: trade secrets, such as inventions, engineering and design drawings, craft secrets; proprietary information of contractors (this could be information about how a particular technical or business solution is to be provided);
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a contractor's internal costing information or information about its profit margins; and pricing structures (where this information would reveal whether a contractor was making a profit or loss on the supply of a particular good or service). Item of Information Reasons for protection
10.
Statement of Agreement with Contractual Terms
Specify below any clauses in the Draft Contract (including the schedules and annexures (if any) to the Draft Contract) which the Tenderer does not agree to be bound by, using the codes given below. Clause Level of Exception * Details / Reasons
* Code:
PA - Partially agrees
DNA - Does not agree
NA - Not applicable
(Please see the instructions at the beginning of the Tender Response Form for descriptions of each of these codes).
11.
Commitment to the AAD Environmental Policy
Tenderers are to provide details of environmental commitment and past experience that supports the AAD Environmental Policy and Environmental Purchasing Guidelines i.e. waste management strategies, ISO accreditation etc. AAD Environmental Policy and AAD Environmental Purchasing Guidelines Details
•
12.
List of Attachments
In addition to attaching a completed Statutory Declaration (Annexure C) and a completed Financial Viability Questionnaire (Annexure D), Tenderers may attach any further information that they consider may support their Tender and assist the AAD in making a decision. By way of example only (Tenderers must make their own decisions in this regard), Tenderers may attach curriculum vitae for personnel who will work on the project and reports from referees identified in section 7 of this form. All attachments must be listed.
.............................................. Signature of Tenderer
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Annexure C – Tenderer’s Statutory Declaration
Personal information on this form is collected in order to assist the AAD with its evaluation of the Tender. The information will be used only for the purpose for which it was provided and will not be disclosed except as authorised or required by law. I, Address
Occupation
do solemnly and sincerely declare as follows:
PART A: AUTHORITY
I am currently a
4 3
of
and I am authorised to make this declaration on its behalf.
PART B: OFFER AND STATEMENT OF COMPLIANCE
On behalf of
5
I confirm that: 1. The information provided in this statutory declaration and the Tenderer‟s Response Form (including attachments) is complete and correct and together they constitute an offer to the AAD on the terms set out in those documents; My organisation has completed all parts of, and answered all of the questions on, the Tender Response Form submitted to the AAD; I have read and understood and my organisation agrees to the Tendering conditions and the associated material contained in this RFT; My organisation understands that the AAD will have the right (but will not be obliged) to act in relance upon the contents of the Tender Response Form, including its attachments and this statutory declaration; My organisation will regard all communication with the AAD as confidential and will not disclose the contents without the AAD‟s written consent; I have read and understood the Draft Contract provided with the RFT and, unless otherwise specified in the Tenderer‟s response form, my organisation agrees to be bound by every clause contained in the Draft Contract including any details provided in the schedules or annexures to the Draft Contract; and To the best of my knowledge, there is no conflict of interest which would prevent my organisation from proceeding with this Tender.
2.
3.
4.
5.
6.
7.
3 4 5
Insert position / title (for example, Proprietor, Director, Partner, President). Insert full name of Tenderer. Insert full name of Tenderer.
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PART C: NO ILLEGAL ACTIVITIES
I confirm that: 1. The Tender to which this statutory declaration is appended has not been prepared with the benefit of information obtained from a current or former employee of the Commonwealth in circumstances that constitute a breach of an obligation of confidentiality or fidelity on the part of that person or a breach of any criminal law in Australia or the Public Service Regulations 1999 or information otherwise improperly obtained from the Commonwealth; Through its officers, employees and agents, my organisation has not attempted and will not attempt, to influence improperly any officer of the Commonwealth in connection with the assessment of Tenders; To the best of my knowledge, my organisation has not engaged in any collusive Tendering, anticompetitive conduct or any other similar conduct with any other Tenderer or other person in relation to the preparation or submission of this Tender; and I am aware that giving false or misleading information is a serious offence under the Criminal Code.
2.
3.
4.
I make this solemn declaration by virtue of the Statutory Declarations Act 1959 and subject to the penalties provided by that Act for the making of a false statement in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular. Signature of the person making the declaration:
Declared at:
On the:
day of
2004
Signature of the person before whom the declaration is made:
Printed name, address and qualifications of the person before whom the declaration is made: Name: Address: Qualifications: NOTES: A person who wilfully makes a false statement in a statutory declaration under the Statutory Declarations Act 1959 as amended is guilty of an offence against that Act, the punishment for which is imprisonment for a term of up to four years. A list of people before whom a statutory declaration can be made is attached.
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STATUTORY DECLARATIONS REGULATIONS PERSONS BEFORE WHOM A STATUTORY DECLARATION MAY BE MADE
MEMBERS OF CERTAIN PROFESSIONS
Chiropractor Dentist Legal practitioner Psychologist Patent attorney Pharmacist Physiotherapist Medical practitioner Nurse Veterinary surgeon
OTHER PERSONS
Agent of the Australian Postal Corporation who is in charge of an office supplying postal Services to the public Australian Consular Officer, or Australian Diplomatic Officer, (within the meaning of the Consular Fees Act 1985) Bailiff Bank officer with 5 or more continuous years of service Building society officer with 5 or more years of continuous service Chief executive officer of a Commonwealth court Civil marriage celebrant Clerk of a court Commissioner for Affidavits Commissioner for Declarations Credit union officer with 5 or more years of continuous service Fellow of the National Tax Accountants Association Finance company officer with 5 or more years of continuous service Holder of a statutory office not specified in another item in this Part Judge of a court Justice of the Peace Magistrate Master of a court Member of the Association of Taxation and Management Accountants Member of the Australian Defence Force who is: an officer; or a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or warrant officer within the meaning of that Act Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants Member of the Institute of Corporate Managers, Secretaries and Administrators Member of the Institution of Engineers, Australia, other than at the grade of student Member of: - the Parliament of the Commonwealth; or - a Territory legislature; or - the Parliament of a State; or - a local government authority of a State or Territory Minister of religion registered under Division 1 of Part IV of the Marriage Act 1961 Notary public Permanent employee of: - the Commonwealth or of a Commonwealth authority; or - a local government authority; or - a State or Territory or of a State or Territory authority with 5 or more years of continuous service who is not specified in another item in this Part Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal Services to the public Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made Police officer Registrar, or Deputy Registrar, of a court Senior Executive Service officer of the Commonwealth, or of a State or Territory, or of a Commonwealth, State or Territory authority Sheriff or Sheriffs officer Teacher employed on a full-time basis at a school or tertiary education institution.
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Annexure D – Financial Viability Questionnaire
Financial Viability Questionnaire
General
The purpose of this Questionnaire is to obtain information in order to assess, in the opinion of the AAD, your organisation‟s financial viability and its financial ability to meet the project obligations. This Financial Viability Questionnaire forms part of the AAD‟s response to the Financial Management and Accountability Act 1997, which requires that the AAD spend public money in an efficient, effective and ethical way. Statutory authorities, government corporations and private enterprises are required to complete this questionnaire to ensure all organisations are treated consistently. Organisational details required in Part A are required to ensure that, if the AAD chooses to enter into a contract with your organisation, we can identify and contract with the correct legal entity. For example, if your organisation operates with a trust structure we need you to provide the names of both the trust and trustee. Please note that missing, incomplete, inaccurate or illegible details may delay assessment of your Tender or result in it being eliminated from consideration, therefore please ensure you read and complete each question.
PART A – Tenderer’s Details
Q1. Legal name of proposed contracting organisation or full name of individual
Q2.
Name of ultimate holding entity (if applicable)
Q3.
Registered business or trading name of organisation at Q1. (if applicable)
Q4.
Registered business address of organisation at Q1 (not PO Box)
Q5.
How would you describe your organisation? (Please tick one or more boxes if applicable) Aboriginal Corporation established under the Aboriginal Councils and Associations Act 1976 Proprietary company Company Limited by Guarantee Sole Trader
Partnership Union (recognised under industrial legislation)
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Unlisted Public company Listed Public Company Local Government Council Australian Government or State Government Authority or Corporation Australian Government or State Government Department. Please provide your ABN at Q7(b) and sign the declaration at Q19. No further information is required. Q6.
Incorporated Association Unincorporated Association Registered Charity Trust/Unit Trust
Other (including Chartered Entities), please specify in the space below
The Tenderer is to provide details of relevant insurances and, if required, provide a Certificate of Currency. Type Public Liability Professional Indemnity Workers Compensation Other Broker Policy Number Value ($) Expiry Date
Q7.
Provide the following identifying details of the organisation named at Q1 (as applicable): (a) ACN :
7 6
(b)
ABN :
(c)
Registration Number under legislation other than the Corporations Act 1991:
State/Territory of Registration:
Legislation under which the above Registration Number has been issued (for example: Queensland Associations Incorporation Act 1981 OR South Australian Co-Operatives Act 1997):
Q8.
If not already incorporated under the Corporations Act or a State incorporated associations law, does your organisation intend to incorporate prior to signing of the contract?
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Australian Companies Number. Australian Business Number.
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No Yes Please provide details: Date you expect to be incorporated:
State or Territory of expected incorporation: Q9. Please provide details of ALL RELEVANT people directly involved with the service provision and/or organisation. Relevant people are people with the potential to exert significant influence over the management/operation of the service provision and the use and recording of funds. Examples of relevant people would be directors, partners, presidents, executive directors, project managers: Details to include: (a) Full name; (b) Contact address; and (c) Number of years influence within the organisation. 1. 2. 3.
Important Note: All of the requested information is required to ensure that the AAD obtains accurate information about the correct individual from the databases that it accesses. Missing, incomplete, inaccurate or illegible details that do not allow the AAD to accurately identify an individual may delay assessment of your Tender or result in it being eliminated from consideration. Tick this box if you have attached additional details on a separate page. Q10. How many part and full time employees do you have?
Q11.
How many years has your business been in operation?
Tick this box if you have attached details on a separate page.
PART B – Financial Details
Q12. What is the total amount of Tender monies sought from AAD (including GST)?
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Amend Q12 as required to reflect the pricing methodology required e.g. lump sum, cost for rates for Services,fixed pricing etc
Q13.
Financial Details for the Organisation Named at Q1
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The onus is on you to provide AAD with satisfactory evidence of your financial viability. However we require financial statements, preferably audited, for the most recent complete financial year to be attached. If the most recent of these statements are more than six months old, interim financial statements should also be attached. The statements should be accrual based accounts and include profit and loss, balance sheet, statement of cash flows and notes to the accounts. Where statements are audited, include the auditor‟s statement and the name, qualifications and address of the Auditor. Please note: If the Tendering entity is a trust, please provide the above financial information for both the trust and trustee. If the entity is a wholly owned subsidiary reliant upon a parent entity for financial support please provide the above financial information for both the subsidiary and parent company along with evidence that financial support by the parent is guaranteed. Please tick one of the following boxes: Financial statements are attached; or Financial statements are not attached (please provide an explanation below):
Additional Financial Details (Optional) This list is indicative of the types of information you can supply in support of your organisation‟s financial viability. Please tick the boxes for those items which you have attached below: If your organisation is newly created you may include financial details for previous entities which have formed the new organisation but you must explain what resources mentioned in these financial reports the organisation can call on Letter from a financial institution (eg. Bank or credit union) certifying an existing or proposed line of credit. Business references (attach up to three references). Copy of guarantee or cross deed of indemnity provided by an entity such as a holding company or Director. (Provide financial statements proving the financial viability of the guarantor). Other (please describe below):
Q14.
Supplementary Information For the purposes of determining your financial viability, please respond to each of the following questions by placing a tick (√ ) in the appropriate box and, if applicable, provide details of all such events relevant to your organisation over the past 5 years. Where appropriate, please attach details on a separate page, containing the name of your organisation. Has any Office Bearer, or relevant person (listed at Question 9) been involved with a business failure (e.g. liquidation, voluntary administration or receivership) ? Has any Office Bearer or relevant person (listed at Question 9) been declared Bankrupt ? Has the organisation, related entities, office bearers or relevant persons (listed at Question 9) been involved in a Government investigation? Has there been any significant change in the financial position of the organisation since last accounts provided with this application? Has any Contract been terminated for cause? Any past, current, pending or finalised litigation against your organisation, officer bearers or relevant persons (listed at question 9), during the last 5 years? Yes No Yes No Yes No Yes No Yes No Yes No
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Any collections by debt collection agency on behalf of creditors of the organisation, office bearers or relevant people (listed at question 9)? Q15.
Yes No
Contingency Funding (Amend as required or, if not relevant, mark ‘Not Applicable’. Do not delete paragraph) If you were to have an unexpected shortfall in funds please indicate what resources or contingency funding not disclosed in your financial statements might be available to meet this problem: (This might include details of your overdraft/line of credit arrangements for example. If so, provide recent evidence from your lending institution of the overdraft/line of credit amount and expiry date. If the entity is a subsidiary, reliant upon a parent entity for financial support, contingency funding could be a guarantee by the parent entities or directors. It could also include details of unencumbered assets owned separately by proprietors and which could be used for borrowings, if necessary. Please provide recent valuations.)
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Q16.
Incorporated associations must attach a copy of their latest Annual Meeting Minutes (Amend as required or, if not relevant, mark ‘Not Applicable’. Do not delete paragraph) Please tick this box if latest Annual Meeting Minutes are attached.
PART C – Statutory Declaration
This Statutory Declaration must be completed by a person listed at Question 9 (List of Relevant Persons).
Q17.
STATUTORY DECLARATION Insert name and address of person making the declaration: I,
Do solemnly and sincerely declare as follows: Authority Insert position/title (for example, Proprietor, Director): that I am currently a Insert name of Tenderer: of and I am authorised to make this declaration on its behalf. Offer and Statement of Compliance Insert name of Tenderer: on behalf of
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I confirm that: the information provided in this form and all appended documents is complete and correct; my organisation understands that this application is not an offer on the part of the Australian Government nor does it create any obligation on the part of the Australian Government to enter into a commercial or other relationship with any organisation; my organisation understands that AAD will have the right (but not be obliged) to act in reliance upon the contents of my response to the application, including its attachments, any statutory declarations and associated material; my organisation will regard all communication with AAD as confidential and not disclose their contents without AAD‟s prior written consent;
Authorisation
AAD is authorised to undertake the necessary steps to assess the financial position of the organisation by checking information contained within this application with, or obtaining additional information from: Other Australian Government agencies such as the Australian Taxation Office, Australian Securities and Investments Commission; State or Territory agencies; Law enforcement agencies; Credit reference agencies; Courts or Tribunals; or Any other appropriate organisation or person reasonably required as part of these checks.
No Illegal Activities
I confirm that: (a) the application to which this statutory declaration is appended has not been prepared with the benefit of information obtained from a current or former officer of employee of the Australian Government in circumstances that constitute a breach of an obligation of confidentiality or fidelity on the part of that person or a breach of the Crimes Act 1914 , the Criminal Code or the Public Service Regulations or information otherwise improperly obtained from the Australian Government; (b) through its officers, employees and agents, my organisation has not attempted and will not attempt, to influence improperly, any officer of the Australian Government in connection with the assessment of applications; (c) to the best of my knowledge, my organisation has not engaged in any collusive Tendering, anti-competitive conduct or any other similar conduct with any person in relation to the preparation or submission of this offer; and (d) to the best of my knowledge there is no conflict of interest which would prevent my organisation from proceeding with this application. I make this solemn declaration by virtue of the Statutory Declarations Act 1959 and subject to the penalties provided by that Act for the making of a false statement in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular. I acknowledge that I am aware that giving false or misleading information is a serious offence under the Criminal Code.
Signature of person making the declaration. The Statutory Declaration must be signed by a person listed at Question 9 (List of Relevant Persons):
Declared at: On: Signature of person before whom the declaration is made:
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Printed name, qualifications and address of person before whom the declaration is made
NOTE 1: A person who wilfully makes a false statement in a statutory declaration under the Statutory Declarations Act 1959 as amended is guilty of an offence against that Act, the punishment for which is imprisonment for a term of up to four years.
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Attachment 1
Statement of Requirement
Note: Australian Antarctic Division – Best Practice Advice Specification or Statement of Requirement Writing may assist in compiling the Statement of Requirement. AAD Best Practice Specification Writing Note: Do not change the paragraph numbering. They are referred to throughout the RFT.
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1.1
PURPOSE
This document specifies (Insert purpose of requirement).
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2.1
SCOPE OF WORK
The scope of work must cover (Insert scope or work)
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3.1
PHILOSOPHY UNDERPINNING THIS STATEMENT OF REQUIREMENT
The key philosophy underpinning this “Statement of Requirements” is that AAD and a Service Provider (acting as a prime contractor) will work closely together to maximise the business value that AAD will obtain from the required Services. Inherent in this is the need to ensure that the Services that AAD obtains from the Service Provider: (a) represent value for money; and (b) are delivered at or above agreed service levels – these service levels will be set having regard to: i. ii. the standards that AAD‟s business outputs/outcomes need to meet, the need to provide positive incentives for the Services Provider to work constructively and proactively with AAD to: a) b) quickly identify and address emerging service delivery issues; and in situations where issues cannot be foreseen, address them quickly and effectively.
3.2
3.3
When considering possible future arrangements, AAD‟s focus will be on evaluating Tenderers‟ abilities to deliver the required Services at the required service levels, according to an agreed pricing schedule: (a) the requirements that follow are deliberately expressed in terms of the business outcomes required from the specific service delivery arrangements; (b) this is designed to allow respondents to this RFT, if they wish, to propose service delivery arrangements which they consider to be innovative; and (c) AAD‟s focus will be on obtaining cost effective Services, which do not expose it to unnecessary levels of risk.
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THE NATURE OF AAD’S CURRENT BUSINESS AND ASSOCIATED SERVICE NEEDS (AMEND AS REQUIRED)
AAD is the Government‟s lead agency for implementing Australia‟s Antarctic and sub Antarctic Policy. The AAD is a Division within the Department of Environment and Heritage portfolio. More information in relation to AAD‟s role and activities can be found on its web site: http://www.aad.gov.au.
4.1 4.2
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5.1
ENVIRONMENTAL REQUIREMENTS
The Antarctic environment is protected by Australian laws, many of which reflect our obligations under the Antarctic Treaty and other international agreements. Amongst other things, these laws prohibit the taking of certain materials to Antarctica and the Territory of Heard Island and McDonald Islands. In addition to prohibited items, other materials and methods of packaging are considered undesirable due to their potential environmental impacts. Service Providers must ensure that they read and understand the AAD environmental obligations. AAD Policy can be located on AAD Environmental Policy & Guide.
5.2
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REQUIRED SERVICES
(Insert scope of required Services).
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7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
SERVICE LEVEL REQUIREMENTS (INSERT SERVICE LEVEL REQUIREMENTS).
Quality Assurance Security Training Performance Measurement Delivery Warranty Reporting Documentation Contract Management
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IMPLEMENTATION TIMETABLE (AMEND AS REQUIRED).
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Attachment 2 The Glossary of Terms and Definitions
(Amend as required)
AAD:
Australian Antarctic Division, a Division of the Department of Environment and Heritage. Australian National Audit Office. The documents you attach as part of your Tender. Commonwealth of Australia acting through the Australian Antarctic Division (AAD), a Division of the Department of the Environment. Means the General Conditions of Contract. Means the formal agreement created for the purposes of this contract between the Australian Antarctic Division and the Service Provider. The deadline for lodgement of your Tender. Department of the Environment and Heritage. The criteria used by the AAD in evaluating your Tender. Means the same as „Services‟ as described in Attachment 1 Statement of Requirement and throughout the RFT Your offer to supply the Requirements. The Goods/Services requested by the Commonwealth. Means the contracted organisation responsible for the provision of Services described in Attachment 1 – Statement of Requirement. Means the Services described in Attachment 1 - Statement of Requirement and throughout the RFT. In some instance a reference to the Services is also a reference to the „Goods‟ required. The additional contractual terms. The statement of Requirements that the AAD may request you to provide. Your completed Offer form, response to the Evaluation Criteria and Attachments. A organisation who has or intends to submit an Offer to the AAD.
ANAO: Attachments: Commonwealth:
Conditions of Contract: Contract:
Deadline: DEH: Evaluation Criteria: Goods:
Offer: Requirements: Service Provider:
Services:
Special Conditions: Specification:
Tender:
Tenderer(s):
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