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RFT 08-520 Compaction Proof Roller Wheel and Tyres

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					REQUEST FOR TENDER


COMMONWEALTH OF AUSTRALIA
as represented by
AUSTRALIAN ANTARCTIC DIVISION (ABN 56 428 630 676)

a Division of the Department of the Environment, Water,
Heritage and the Arts

RFT 08/520 COMPACTION/PROOF ROLLER WHEELS AND
TYRES

REQUEST FOR TENDER (RFT) TO FABRICATE AND
SUPPLY WHEELS AND TYRES FOR COMPACTION AND
PROOF ROLLERS TO THE AUSTRALIAN ANTARCTIC
DIVISION


                         th
Closing Date: 2pm EST – 9 July 2008


Contact:

Name:           Jeff Keogh

Email:          tenders@aad.gov.au

Tel:            (03) 62323434
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



             CONTENTS

1.           Invitation                                                            2
2.           AusTender - Australian Government Tendering System                    2
3.           Services Agreement                                                    3
4.           Tenders                                                               3
5.           Consortium Tender                                                     4
6.           Tender Lodgement                                                      5
7.           Non Compliant Lodgement                                               5
8.           Point of Contact                                                      5
9.           Unintentional Errors of Form                                          6
10.          Minimum Content and Format Requirements                               6
11.          Conditions of Participation                                           6
12.          Incomplete Tenders                                                    6
13.          Evaluation Process                                                    7
14.          Evaluation                                                            7
15.          RFT and Representations                                               9
16.          Tender Documents                                                     10
17.          Statements                                                           11
18.          Security, Probity and Financial Checks                               11
19.          Tender Validity Period                                               11
20.          Conflict of Interest                                                 11
21.          Request for Tender Conduct                                           11
22.          Future Matters                                                       12
23.          Return of Information                                                12
24.          No Contract or Undertaking                                           13
25.          Responsibility for Tenderers Costs                                   13
26.          Australian Antarctic Division Rights                                 13
27.          Debriefing of Tenderer                                               14
28.          Applicable Law                                                       14
29.          Complaints                                                           14
ATTACHMENT A - STATEMENT OF REQUIREMENTS                                          15
ATTACHMENT B - DECLARATION BY REQUEST FOR TENDER                                  15
ATTACHMENT C - REQUEST FOR TENDER DETAILS      return this part                   21
ATTACHMENT D - PRICING SCHEDULE                                                   22
ATTACHMENT E - STATEMENT OF COMPLIANCE                       return this part     23
ATTACHMENT F - SCHEDULE 1: PROPOSED SERVICE DELIVERY SOLUTION                     24
ATTACHMENT F - SCHEDULE 2: TECHNICAL AND MANAGEMENT CAPABILITY                    25
ATTACHMENT F - SCHEDULE 3: EXPERIENCE AND DEMONSTRATED EXPERTISE                  26
ATTACHMENT F - SCHEDULE 4: CLIENT FOCUS                                           27
ATTACHMENT G - DRAFT SERVICES AGREEMENT                                           28




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1.           Invitation

1.1.         The Commonwealth of Australia acting through the Australian Antarctic Division
             (AAD) invites interested parties (Tenderers) to submit Tenders for the fabrication
             and supply of one or any of the following Services:

                  1. Fabrication and supply of the proof roller wheels and tyres; and/or

                  2. Fabrication and supply of the compaction roller wheels and tyres. only or
                     alternatively a Tender for fabrication and supply of the proof roller
                     wheels/tyres as well as the fabrication and supply of the compaction roller
                     wheels/tyres.

             Tenderers should note that there will be an initial requirement for:

                  1. Fabrication and supply of Qty six(6) proof roller wheels and tyres.

                  2. Fabrication and supply of Qty ten (10) compaction roller wheels and tyres

             However, the nature of any contract will be that the preferred Service Provider(s)
             may be to fabricate and supply and undetermined quantity of the above for a
             period of 3 years.

             Tenderers should note that beyond the initial requirement, the AAD makes no
             commitment to procure additional quantities over any proposed contractual period.

1.2.         The Services are to be provided in accordance with the Statement of Requirement
             (SoR) and technical drawings at Attachment A of this Request for Tender (RFT)
             and subject to the terms and conditions set out, or referred to, in this RFT.

2.           AusTender - Australian Government Tendering System
2.1.         AusTender is the Commonwealth's business opportunities website, located at
             www.tenders.gov.au. However, although this business opportunity is registered on
             the AusTender website, the required technical specifications, statement of
             requirement and technical drawings are not available electronic download from the
             AusTender website. Tenderers can access the required documents from the AAD
             website (http://www.aad.gov.au).

2.2.         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 AAD website or from other information available from the Contact Officer.

2.3.         Only Tenderers who have registered via the AAD Contact Officer described in
             clause 8.1 will be directly advised of any alteration, correction or notice in relation
             to this RFT.

2.4.         Tenderers should direct all communications relating to this RFT to the Contact
             Officer.




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3.           Services Agreement
             The AAD proposes to enter into an agreement substantially in the form of the Draft
             Services Agreement with the successful Tenderer form. Details of the Draft
             Services Agreement are set out in Attachment F.

             Tenderers should note that any formal agreement will contain variations to the
             Draft Services Agreement that will cover specific technical and service
             requirements. The Draft Service Agreement should be considered as indicative of
             standard terms and conditions only.

             Nothing in this RFT precludes the AAD from considering the use of other terms
             and conditions

4.           Tenders
4.1.         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

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                        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
                       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
                       Request for Tender will comply partially with that condition or obligation.
                   Not Applicable. This means that the paragraph or clause does not apply to
                       the Request for Tender.

             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
             Request for Tender, 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 AAD as meaning “Does Not Comply”.

             If a Request for Tender does not include a statement of non compliance, partial
             compliance or non applicability relating to any matter, the AAD will assume that the
             Request for Tender “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 paragraph 15.

4.6.         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.           Consortium Tender
5.1.         Consortia

             A Tender submitted by a consortium may be rejected by the AAD if the Request for
             Tender:

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                   a. does not propose to contract with the AAD as one separate legal entity;
                   b. has not completed a separate Attachment C in respect of each member of
                      the consortium; and
                   c. has not specified one single point of contact for its consortium.

6.           Tender Lodgement
6.1.         Tenders must be lodged no later than 2pm Australian Eastern Standard time on 9th
             July 2008.

6.2.         The AAD reserves the absolute right to extend the Deadline at any time before the
             Deadline.

             Tenders should be enclosed in a plain envelope endorsed with ‘RFT 08/520
             COMPACTION/PROOF ROLLER WHEELS AND TYRES’ and delivered to:

                     Tender Box
                     Australian Antarctic Division
                     203 Channel Highway,
                     Kingston,Tasmania 7050
6.3.         Tenders submitted via email or facsimile will not be accepted.

6.4.         The closing date and/or time may be extended by the AAD.

6.5.         An original plus one copy of each Tender should be submitted. The original should
             be marked ‘Original” and the copy marked ‘Copy’. If no copy is marked ‘Original’
             the AAD may choose a copy and mark it as the ‘Original’.

7.           Non Compliant Lodgement
7.1.         Opening

             Tenders lodged other than in compliance with this RFT will be deemed to be late
             (Late Tenders).

7.2.         Exclusion

             If a Tender is taken to be late, due to any other reason than mishandling by the
             AAD, the Tender will not be accepted and returned unopened to the Tenderer.

             The AAD will admit to evaluation a Tender that was received late solely due to
             mishandling by the AAD.

             The AAD reserves the right to accept Tenders that may include minor non
             compliances.

8.           Point of Contact
8.1.         The contact officers named below (Contact Officer) are the only point of contact for
             all matters pertaining to this RFT and the Tender evaluation. The Contact Officers
             are:

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                              Contract Enquiries                          Technical Enquiries

               Name:                Jeff Keogh               Name:         Guy Ratcliffe

               Position:            Purchasing Coordinator   Position:     Mechanical Supervisor

               Telephone:           (03) 6232 3434           Telephone:    (03) 62323219

               Email:               tenders@aad.gov.au       Email:        guy.ratcliffe@aad.gov.au

8.2.         The AAD may send responses either to the Tenderer who lodged any enquiry or to
             all Tenderers on a non attributable basis.

8.3.         Any notice given by a Tenderer to the AAD will be effective upon receipt only if in
             writing and delivered to the Contact Officer(s) at the address specified in
             paragraph 8.1.

8.4.         The AAD 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(s).

9.           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.

10.          Minimum Content and Format Requirements
             Subject to paragraph 9, the AAD will exclude a Tender from further consideration if
             the AAD considers that the Tender does not comply with the following
             requirements:
                   a. paragraph 4.1; and
                   b. paragraph 4.6.

11.          Conditions of Participation
             The AAD will exclude a Tender from further consideration if the AAD considers that
             the RFT does not comply with the following conditions:
                   •    paragraph 6.1 (subject to paragraph 7); and
                   •    paragraphs 19 to 21.

12.          Incomplete Tenders
13.1         Tenders which are incomplete or clearly non competitive may be excluded from
             consideration at any time during the evaluation process at the AAD’s discretion,
             but the AAD may still consider such Tenders and seek clarification under
             paragraph 26.



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13.2         Tenders for part of the requirement will not be accepted and considered ‘non
             compliant’.

13.          Evaluation Process
13.1.        Tenders which have not been excluded from consideration by the AAD will be
             evaluated by the AAD to identify the option that represents best value for money in
             accordance with the process and criteria described in paragraph 14. 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 Tenderer.

13.2.        The AAD may make independent enquiries about any of the matters that may be
             relevant to the evaluation of any Tender.

14.          Evaluation
14.1.        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:
                   •    encouraging competition;
                   •    efficient, effective and ethical use of resources; and
                   •    accountability and transparency.

14.2.        Criteria

             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 and/or
             unsatisfactory against one or more of those criteria may be excluded from further
             consideration:

             •    Proposed Service Delivery Solution

                   -    The extent to which the Request for Tender meets the specifications and
                        demonstrated level of compliance with the statement of requirement.

                        Technical, Management and Financial Capability

                   -    The Services at requested levels and capacity.

                   -    Support/Personnel capabilities.

                   -    Methodology and systems.

                   -    Pro-active management and ongoing contract management.

                   -    Financial standing.

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             •    Flexibility and Reliability of proposed Services

                   -    Ability to match appropriate resources to varied requirements outlined in
                        the statement of requirement.

                   -    Ability to reliably provide Services when required.

                   -    Ability of proposed resources to reliably complete tasks.

             •    Compliance

                   -    Compliance with Australian legislation/standards and industry codes and
                        guidelines.

             •    Economy of operation of proposed resources

                   -    Ability of proposed resources to minimise costs and provide value for
                        money.

                  Experience and Expertise

                   -    The Tenderers previous experience and track record in providing similar
                        Services.

                   -    The extent to which the Tenderer is able to meet the SoR.

                   -    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.

                  Client Focus

                   -    Quality and completeness of Tender response.

                   -    Any value added Services.

                   -    General account support initiatives.

                  Tender

                   -    Conforms to Tender specifications.

                   -    Extent of compliance with the Draft Contract.

                  Whole of Contract Costs

                   -    All costs, fees, allowances and charges associated with the
                        implementation and completion of contract obligations will be taken into
                        account.


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                   -    Pricing structure and options.

             These criteria are not necessarily listed in any order of importance and may or may
             not be weighted. In addition, the AAD may use material proposed in response to
             one evaluation criterion in the evaluation of other criteria.

             The AAD reserves the absolute right to amend existing or use additional evaluation
             criterion as it deems fit. If additional criteria are intended to be applied for the
             purposes of evaluation, the AAD may or may not notify the Tenderer.

14.3.        Step 1 –Compliance

             An assessment will be undertaken of Tenderer’s compliance with this RFT and
             with the Draft Services Agreement.

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 paragraph 15 above.

14.5.        Step 3 – Price

             An assessment of price and costing will be undertaken.

14.6.        Step 4 –Value for Money

             The AAD will determine best value for money by a consideration of the technical
             worth assessment, the price and the AAD assessment of contractual compliance
             and compliance generally with this RFT and of any risks identified in the evaluation
             process.

15.          RFT and Representations
15.1.        This RFT is and will remain the property of the AAD. This RFT may only be used
             for the purpose of preparing a Tender and any subsequent agreement in respect of
             the Services.

15.2.        No representation made by or on behalf of the AAD or the Commonwealth in
             relation to the RFT will be binding on the AAD or the Commonwealth unless that
             representation is in writing and is incorporated into formal agreement with the
             AAD.

15.3.        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.

15.4.        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:

                   1.    cease to proceed with, amend or alter the process outlined in this RFT;


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                   2.    require additional information or clarification from any Tenderer or anyone
                         else;

                   3.    change, or use additional, evaluation criteria as required;

                   4.    evaluate some, all or no Tenders;

                   5.    negotiate with one or more Tenderer;

                   6.    provide additional information or clarification to Tenderer;

                   7.    negotiate with any person who is not a Tenderer and enter into a contract
                         in relation to this requirement with that person on such terms as the AAD
                         in its absolute discretion accepts; or

                   8.    call for new Tenders.

16.          Tender Documents
16.1.        All Tender documents (including paper and electronic copies) will become the
             property of the AAD on submission.

16.2.        Without prejudice to any other right of the AAD under this RFT or at law, the AAD
             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. evaluating or clarifying the Tender;
                   b. evaluating any subsequent offer;
                   c. negotiating an agreement;
                   d. managing an agreement following its execution;
                   e. referring any material suggesting collusion by Tenderer 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
                   f.   anything else related to the above purposes, including responding to any
                        challenge to the RFT process or audit.

16.3.        As a Commonwealth agency, the AAD is subject to the legislative and
             administrative accountability and transparency requirements of the
             Commonwealth, including disclosures to the Parliament and its Committees. The
             AAD may disclose or allow at any time the disclosure of any information contained
             in or relating to any Tender:
                   a. to its advisers or employees solely in order to evaluate or otherwise
                      assess the Tender;
                   b. to its internal management personnel for purposes related to the RFT
                      process;
                   c. to the responsible Minister;
                   d. in response to a request by a House or a Committee of the Parliament of
                      the Commonwealth of Australia;

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                   e. within the AAD, or with another agency, where this serves the
                      Commonwealth’s legitimate interests;
                   f.   where the information is authorised or required by law to be disclosed; or
                   g. 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.

16.5.        Subject to paragraphs 16.2 and 16.3, all documents provided by each Tenderer
             will be held in confidence so far as circumstances permit.

17.          Statements
             A Tender submitted by a consortium may be rejected by the AAD 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 AAD.

18.          Security, Probity and Financial Checks
             The AAD 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 AAD if the Request for Tender does not provide, at its cost, all
             reasonable assistance to the AAD in this regard.

19.          Tender Validity Period
             Tenderers must hold their Tenders open for acceptance by the AAD for a period of
             at least 6 months after the closing date.

20.          Conflict of Interest
20.1.        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
             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 AAD personnel).

20.2.        If at any time prior to entering into a formal agreement with the AAD, an actual or
             potential conflict of interest arises or may arise for any Tenderer, that Tenderer
             must notify the AAD in writing.

21.          Request for Tender Conduct
21.1.        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.


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             Tenderers must not make false or misleading statements in their Tenders.

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 AAD may also involve the ACCC to provide assistance to the AAD 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.

23.          Return of Information
             The AAD 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
             Tenderer (and all copies of such information made by Tenderer) be:
                   •    returned to the AAD - in which case the Tenderer must promptly return all
                        such information to the address identified by the AAD; or
                   •    destroyed by the Tenderer - in which case the Tenderer must promptly
                        destroy all such information and provide the AAD with written certification
                        that the information has been destroyed.




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24.          No Contract or Undertaking
             Nothing in this RFT will be construed to create any binding contract (express or
             implied) between the AAD 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:
                   •    an offer to contract; or
                   •    a binding undertaking of any kind by the AAD (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.          Responsibility for Tenderers Costs
25.1.        Participation in any stage of this RFT process or in relation to any matter
             concerning this RFT will be at each Tenderers sole risk, cost and expense. The
             AAD 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.

25.2.        Neither the AAD 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 Tenderers participation in this RFT
             process, including instances where:
                   a. a Tenderer is not engaged to undertake the provision of the Services;
                   b. the AAD decides not to outsource all or any of the Services;
                   c. the AAD exercises or fails to exercise any of its other rights under or in
                      relation to this RFT; or
                   d. the AAD 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.

26.          Australian Antarctic Division Rights
26.1.        Neither the lowest priced Tender, nor any Tender, will necessarily be accepted by
             the AAD. Acceptance of any Tender will be subject to the execution of a formal
             agreement.

26.2.        Without limiting its rights at law or otherwise, the AAD may:
                   a.   amend this RFT;
                   b.   require additional information or clarification from any Tenderer or any
                        one else or provide additional information or clarification to any Tenderer;
                   c.   negotiate with any one or more Tenderers including terminating any
                        negotiations being conducted from time to time;
                   d.   seek amended Tenders or call for new Tenders;
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                   e.   add to, alter, delete or exclude any services to be acquired by the AAD;
                   f.   publish or disclose the names of successful Tenderer or those who are
                        shortlisted as a result of the evaluation of responses to the RFT;
                   g.   if the AAD 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:

                                 •    negotiate with one or more non Tenderer; or

                                 •    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 Tenderer in substitution for the
                        original Tenderer

26.3.        The establishment of a time or date in this RFT does not create an obligation on
             the part of the AAD to take any action or create any right in any Request for
             Tender that any action be taken on the date established.

27.          Debriefing of Tenderer
27.1.        Tenderers may request an oral debriefing following the conclusion of the RFT
             process. Tenderers requiring a debriefing should contact the Contact Officer(s).

27.2.        Tenderers will be debriefed against any evaluation criteria contained in this RFT or
             otherwise used in the Tender assessment. 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.

28.          Applicable Law
             The law applying in the Tasmania applies to this RFT and to the RFT process.

29.          Complaints

             Any complaints arising out of the RFT process should be directed to the
             Complaints Officer as follows:
                   The General Manager – Antarctic Support Centre
                   Australian Antarctic Division
                   203 Channel Highway,
                   Kingston TAS 7050




                                                                                                Page 14
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                ATTACHMENT A - STATEMENT OF REQUIREMENTS

    RFT 08/520 - STATEMENT OF REQUIREMENT FOR THE FABRICATION AND SUPPLY
       OF WHEELS AND TYRES FOR COMPACTION AND PROOF ROLLERS TO THE
                         AUSTRALIAN ANTARCTIC DIVISION

1          GENERAL

           The statement of requirement describes the requirements for the supply of roller
           wheels for fitting to the Australian Antarctic Division's new proof roller and to existing
           compaction rollers. Environmental conditions are severe as the wheels are expected
           to operate at an ambient temperature ranging from -25 deg C to +5 deg C. The
           wheels will be fitted to rollers that are stored at temperatures as low as -40 deg C.

2          GENERAL REQUIREMENT

           Two sets of wheels are required as follows:
           a.       Proof Roller Wheels Quantity 6.
           b.       Compaction Roller Wheels Quantity 10.
           c.       Any steel components shall manufactured from material that remains ductile
                    at low temperatures.
           d.       Metal parts shall be coated with a coating system that will provide long term
                    protection in a harsh environment.
           e.       The preferred manufacturer of the bolts and nuts used to bolt together the
                    rims is Unbrako.
           Note: The nature of the requirement will be that the preferred Service Provider(s) will
           be to fabricate and supply the above initial requirement. However, the AAD may
           have an ongoing requirement for and undetermined quantity for a period of 3 years
           although, the AAD makes no commitment to procure additional quantities over any
           contractual period.

3          TECHNICAL REQUIREMENTS FOR PROOF ROLLER WHEELS
           a.       The wheel assembly shall have a load rating of 25,000 kg when the roller is
                    being towed at 10 kph. The wheel assembly shall be rated to a maximum
                    inflation pressure of 250 psi.
           b.       The tyre shall be a 49 x 19.00 - 22 32 ply aircraft tyre in good condition and
                    shall be solid filled with Arnco Heavy Duty Fill at a pressure of 250 psi.
           c.       A stub axle assembly with the rated capacity matching the wheel shall be
                    provided for each wheel.
           d.       The quantity of wheels to be supplied is six (6).
4          TECHNICAL REQUIREMENTS FOR COMPACTION ROLLER WHEELS
           a.       The wheel assembly shall have a load rating of 25,000 kg when the roller is
                    being towed at 10 kph. The wheel assembly shall be rated to a maximum
                    inflation pressure of 200 psi.
           b.       The tyre shall be a 49 x 19.00 - 22 32 ply aircraft tyre in good condition and
                    shall be rated to a maximum inflation pressure of 200 psi. The profile of the
                    tyre shall be flat as these wheels will be fitted to compaction rollers that are
                    employed to compact a snow layer onto a glacial ice surface.
           c.       Each rim shall be drilled and bored to suit the existing Andiline 10/335 stub
                    axle.
           d.       The quantity of wheels to be supplied is ten (10).
5          DELIVERY
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           The wheel assemblies shall be delivered to the Australian Antarctic Division Cargo
           Facility at Macquarie No4 Wharf in Hobart, Tasmania no later than the 31st October
           2008.




                                                                                      Page 16
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



             ATTACHMENT B - DECLARATION BY REQUEST FOR TENDER

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 six months from the closing date set out in the RFT.

Conflict of interest
The Tenderer represents that, having made all reasonable enquiries, it either:
             a. 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
             b. has in this Declaration declared all such actual or potential conflicts to the AAD.

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 AAD 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:
             a. 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
             b. it has not contravened paragraph 21 of the RFT.

Further Representations and Acknowledgements
The Tenderer makes the following further representations to the AAD:

             a. 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;
             b. 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;
             c. it has satisfied itself as to the correctness and sufficiency of its Tender;
             d. 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 AAD, except as
                expressly provided in the RFT or in notices received by it;

                                                                                               Page 17
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             e. 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
             f.   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:
             a. the AAD may exercise any of its rights set out in the RFT, at any time;
             b. the statements, opinions, projections, forecasts or other information contained
                in the RFT may change;
             c. the RFT is a summary only of the AAD’s requirements and is not intended to be
                a comprehensive description of it;
             d. 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 AAD 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;
             e. except as required by law and only to the extent so required, neither the AAD,
                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
             f.   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 AAD may disclose, and consents to the AAD disclosing,
any information provided by the Tenderer, whether confidential or not:
             a. to its advisers or employees solely in order to evaluate or otherwise assess the
                Tender;
             b. to its internal management personnel solely in order to evaluate or otherwise
                assess the Tender;
             c. to the responsible Minister;
             d. in response to a request by a House or a Committee of the Parliament of the
                Commonwealth of Australia;
             e. within the AAD, or with another Commonwealth agency, where this serves the
                Commonwealth’s legitimate interests;
             f.   where the information is authorised or required by law to be disclosed;
             g. where the information is in the public domain otherwise than by a
                Commonwealth disclosure; and


                                                                                            Page 18
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres


               h. where the disclosure is required to meet the AAD'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
                          AAD;
                    -     in accordance with the provisions that require notification of Commonwealth
                          contracts in the Commonwealth Government Gazette;
                    -     in accordance with the Requirements for AAD Annual Reports; and
                    -     to the Commonwealth Ombudsman.
The Tenderer acknowledges that the AAD has received this Tender in reliance on this
Declaration. The Tenderer acknowledges that the AAD 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)


 .....................................................................
 ___________________________________________________________________________________




                                                                                                Page 19
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



SIGNATURE OF WITNESS                                                   ADDRESS OF WITNESS
                                                                       .....................................................................
 ...................................................................   .....................................................................
                                                                       .....................................................................
 ___________________________________________________________________________________




REFER ENQUIRIES TO:                                                    TELEPHONE NO.
(Name in Block Letters)


 ...................................................................   ...................................................................




                                                                                                                              Page 20
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



ATTACHMENT C - REQUEST FOR TENDER DETAILS                    RETURN THIS PART



 Tenderers 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?                         Yes        No




Contact Person



 Name:



 Position



 Address:



 Phone Number:



 Fax Number:



 Email:




                                                                           Page 21
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



ATTACHMENT D - PRICING SCHEDULE

1.           Pricing Information
1.1          Tenderers are to set out the proposed prices as detailed in the Tender Price
             Schedule.

1.2          Tenderer are to identify the prices proposed for the Services and the proposed
             price basis to which prices will be subject during the contract period.

1.3          The proposed prices are to encapsulate all costs associated with the delivery of
             the Services specified in the RFT and in particular in the Statement of
             Requirement. In calculating their prices for delivery of the Services, Tenderer are
             to note that their prices are to include the Request for Tender’s costs in relation to:

             •    any travel associated with delivery of the Services; and

             •    be inclusive of all charges, expenses, duties and taxes, subject to the
                  requirements regarding Goods and Services Tax (GST);

             •    apply for the duration of the Tender validity period;

             •    state the proposed fees in a manner that makes the total base cost transparent
                  to AAD;

             •    state costs and prices for individual Services; and

             •    contain all additional information on pricing required by this RFT.
2.           Alternative Costings

2.1          Any alternative pricing structure and options must be clearly stated.

3.           Whole of Contract Costs

3.1          All costs, fees, allowances and charges associated with the implementation and
             completion of contract obligations must be stated.




                                                                                             Page 22
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



 ATTACHMENT E - STATEMENT OF COMPLIANCE                                      RETURN THIS PART

Tenderers are to provide in respect of each paragraph of the RFT and in respect of each
paragraph of the Draft Services Agreement where they do not fully comply (refer paragraph
5.4).

If ‘partial’ or ‘non-compliance’ in respect of any part of either the RFT or the Draft Services
Agreement is not detailed below, the AAD will assume that full compliance is applicable.

 Paragraph/Annex/Attachment                              Request for Tender's Response
 Number                                                 Tender Complies/Does Not Comply

 RFT Paragraphs




 Draft Services Agreement Paragraphs




 Statement of Requirement




                                                                                           Page 23
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



     ATTACHMENT F - SCHEDULE 1: PROPOSED SERVICE DELIVERY SOLUTION

Note to Tenderer:

Care will need to be taken to identify all information that will be required to undertake a full
evaluation in respect of this evaluation criterion and as per Attachment A - Statement of
Requirement, and Appendix 1 – Technical Specification.

Tenderer should provide responses that address the evaluation criteria set out in paragraphs
15. It is recommended that Tenderer address the evaluation criteria in separate sections of
the narrative and that each section is labelled with the name of the criterion under discussion,
to assist the review panel in evaluating the merits of the submission.

Tenders received in other formats may be considered so long as they meet the conditions for
participation and address all other evaluation criteria.

The proposed service delivery solution should identify:

    •     the extent to which the Request for Tender meets the specifications and
         demonstrated level of compliance with the statement of requirement.

    •    Extent of compliance with the Draft Contract.

    •    Flexibility and Reliability of proposed Services.

    •    Compliance.

    •    Economy of operation of proposed resources




                                                                                            Page 24
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            ATTACHMENT F - SCHEDULE 2: TECHNICAL AND MANAGEMENT CAPABILITY

Note to Tenderer:

Care will need to be taken to identify all information that will be required to undertake a full
evaluation in respect of this evaluation criterion and as per the Attachment A - Statement of
Requirement and any relevant technical drawings.

Tenderer should provide responses that address the evaluation criteria set out in paragraphs
15. It is recommended that Tenderer address the evaluation criteria in separate sections of
the narrative and that each section is labelled with the name of the criterion under discussion,
to assist the review panel in evaluating the merits of the submission.

Tenders received in other formats may be considered so long as they meet the conditions for
participation and address all other evaluation criteria.

Tenders should identify the extent to which the Request for Tender meets the Statement of
Requirement and technical drawings i.e. the Request for Tender’s demonstrated level of
compliance and ability to provide:

        •     The Services at requested levels and capacity.

        •     Support/Personnel capabilities.

        •     Methodology and systems.

        •     Pro-active management and ongoing contract management.




                                                                                           Page 25
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        ATTACHMENT F - SCHEDULE 3: EXPERIENCE AND DEMONSTRATED EXPERTISE

Note to Tenderer:

Care will need to be taken to identify all information that will be required to undertake a full
evaluation in respect of this evaluation criterion and as per the Attachment A - Statement of
Requirement.

Tenderer should provide responses that address the evaluation criteria set out in paragraphs
15. It is recommended that Tenderer address the evaluation criteria in separate sections of
the narrative and that each section is labelled with the name of the criterion under discussion,
to assist the review panel in evaluating the merits of the submission.

Tenders received in other formats may be considered so long as they meet the conditions for
participation and address all other evaluation criteria.

The Tender will need to identify the extent to which:

    •    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 Request for Tender exercises over these engagements.




                                                                                           Page 26
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                             ATTACHMENT F - SCHEDULE 4: CLIENT FOCUS

Note to Tenderer:

Care will need to be taken to identify all information that will be required to undertake a full
evaluation in respect of this evaluation criterion and as per the Attachment A - Statement of
Requirement.

Tenderer should provide responses that address the evaluation criteria set out in paragraphs
15. It is recommended that Tenderer address the evaluation criteria in separate sections of
the narrative and that each section is labelled with the name of the criterion under discussion,
to assist the review panel in evaluating the merits of the submission.

Tenders received in other formats may be considered so long as they meet the conditions for
participation and address all other evaluation criteria.

Tenders will need to identify:

    •    Quality and completeness of Tender response.

    •    Any value added Services.

    •    General account support initiatives.

    •    Ability of proposed resources to minimise costs and provide value for money.




                                                                                           Page 27
RFT – 08/520 Compaction/Proof Roller Wheels and Tyres



             ATTACHMENT G - DRAFT SERVICES AGREEMENT



Draft Service Agreement

Acceptance of the successful Tender will be subject to the execution of a formal agreement or
contract between the Commonwealth and the successful Tenderer.

The Draft Services Agreement (Contract) will be the basis for the final contract between the
Commonwealth and the successful Request for Tender. The Draft Contract can be
downloaded from the AAD website link to AAD Indicative Contract Terms and Conditions.
Tenderers unable to access the AAD website or require a hard copy format can do so by
liaising with the AAD Contact Officer (Contract Enquiries).

Tenderer will be expected to make themselves aware of the Draft Contract terms and
conditions and are required to indicate their agreement or otherwise to be bound by the terms
and conditions of the Draft Contract in. This should be completed on an exception basis – i.e.
Tenderer are only required to list the terms and conditions which they are unable to, or do not
agree, to be bound by.

Where a Tenderer does not agree with any conditions of the Draft Contract, the AAD may in
its absolute discretion:

    1.     exclude the Tender from further consideration (whether or not the Tender has been
           evaluated against the evaluation criteria); or

    2.     enter into negotiations with the Tenderer regarding the disputed terms, either before
           or after the Tender process has been completed.

The AAD reserves the right to make changes and inclusions to the Draft Contract before
entering into a contract with the successful Tenderer. The AAD also reserves the right to enter
into post-Tender contract negotiations with a preferred or successful Request for Tender.

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.




                                                                                         Page 28

				
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Description: RFT 08-520 Compaction Proof Roller Wheel and Tyres