Consortium Tender Agreement - PDF

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					REQUEST FOR TENDERS
RFT GBRMPARQ005286

COMMONWEALTH OF AUSTRALIA
as represented by
GREAT BARRIER REEF MARINE PARK AUTHORITY (ABN 12 949 356885)



REEFHQ GANTRY CRANE STEEL STRUCTURES REPAIR
31st August 2007
      CONTENTS

1.    Invitation                                                              1
2.    AusTender - Australian Government Tendering System                      1
3.    Information and Communication Technology Multi Use List (ICT MUL)       1
4.    Services Agreement                                                      2
5.    Tenders                                                                 2
6.    Evaluation Criteria Response Schedules                                  3
7.    Consortium tender                                                       4
8.    Tender Lodgement                                                        4
9.    Non Compliant Lodgement                                                 5
10.   Point of Contact                                                        5
11.   Unintentional Errors of Form                                            5
12.   Minimum Content and Format Requirements                                 5
13.   Conditions of Participation                                             6
14.   Incomplete Tenders                                                      6
15.   Evaluation Process                                                      6
16.   Evaluation                                                              6
17.   RFT and Representations                                                 7
18.   Tender Documents                                                        7
19.   Statements                                                              8
20.   Security, Probity and Financial Checks                                  9
21.   Tender Validity Period                                                  9
22.   Conflict of Interest                                                    9
23.   Tenderer Conduct                                                        9
24.   Future Matters                                                         10
25.   Return of Information                                                  10
26.   No Contract or Undertaking                                             10
27.   Responsibility for Tenderer Costs                                      10
28.   GBRMPA's Rights                                                        11
29.   Debriefing of Tenderers                                                12
30.   Applicable Law                                                         12
31.   Occupational Health and Safety                                         12
32.   Non-Disclosure                                                         12
      ATTACHMENT A - STATEMENT OF REQUIREMENTS                               14
      ATTACHMENT B - DECLARATION BY TENDERER                                 16
      ATTACHMENT C - TENDERER DETAILS                                        20
      ATTACHMENT D - PRICING SCHEDULE                                        21
      ATTACHMENT E - STATEMENT OF COMPLIANCE                                 22
      ATTACHMENT F - DRAFT SERVICES AGREEMENT                                23
      ATTACHMENT G - EVALUATION CRITERIA RESPONSE SCHEDULES                  24
      SCHEDULE 1 - PROPOSED SERVICE DELIVERY SOLUTION                        25




      TENDER DOC TEMPLATE MAR07                                           Page i
SCHEDULE 2 - TECHNICAL AND MANAGEMENT CAPABILITY         26
SCHEDULE 3 - EXPERIENCE AND DEMONSTRATED EXPERTISE       27
SCHEDULE 4 - CLIENT FOCUS                                28




TENDER DOC TEMPLATE MAR07                            Page ii
1.     Invitation
1.1.   The Great Barrier Reef Marine Park Authority (GBRMPA) invites interested
       parties (tenderers) to submit tenders to provide the services (Services) set out in
       the Statement of Requirements in Attachment A of this request for tenders (RFT)
       subject to the terms and conditions set out, or referred to, in this RFT. Successful
       submissions provided in response to this tender will be used by the GBRMPA to
       establish a multi-use list for the future procurement of services.

1.2.   ReefHQ requires repairs the steel and adjacent structures of it’s Gantry Crane. More
       detail is set out in the Statement of Requirements.

1.3.   The GBRMPA will exclude a tender from further consideration if the GBRMPA
       considers that the tender does not comply with an essential requirement identified
       as such in the Statement of Requirement.

2.     AusTender - Australian Government Tendering System
2.1.   AusTender is the Commonwealth's business opportunities website, located at
       www.tenders.gov.au. AusTender allows tenderers to identify Commonwealth
       business opportunities and receive email notification if an addendum to the RFT is
       issued. A tenderer must first register with AusTender to do this (there is no fee).

2.2.   Only tenderers who have registered via the AusTender website will be directly
       advised of any alteration, correction or notice in relation to this RFT. However, all
       alterations, corrections and notices will be available on AusTender and from the
       Contact Officer described in clause 10.1.

2.3.   The Commonwealth accepts no responsibility if a tenderer fails to become aware
       of any alteration, correction or notice, which would have been apparent from a
       visit to the AusTender website or from other information available from the
       Contact Officer.

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

3.     Information and Communication Technology Multi Use List (ICT MUL)
3.1.   For purchases by the GBRMPA of Information Technology and related services or
       Major Office Machines, it is mandatory that tenderers are registered as an ICT
       Supplier, or an authorised distributor of an ICT Supplier, on or before the tender
       closing time in paragraph 8.1. Although not mandatory, it is preferable that
       suppliers of Commercial Office Furniture and Auctioneering Services be endorsed
       as well. The status of “ICT Supplier” and “authorised distributor” will be
       determined by reference to the Information and Communication Technology Multi
       Use List (ICT MUL) published by the Department of Finance and Administration
       (Finance) on the Finance website. Tenderers must provide their ICT number and
       date of endorsement.

3.2.   ICT suppliers of Information Technology and related services or Major Office
       Machines are responsible for ensuring that any subcontractors engaged also
       comply with the mandatory requirements of the ICT.


       Tender Template Mar07                                                            Page 1
3.3.   Information on the ICT MUL is available on the Finance website at
       www.finance.gov.au.

3.4.   Tenderers should indicate what financial and/or performance and/or parental
       guarantees have been lodged as part of their ICT MUL Arrangement.

4.     Services Agreement
       The GBRMPA proposes to enter into an agreement substantially in the form of the
       Draft Services Agreement with the successful tenderer. The Draft Services
       Agreement is set out in Attachment F.

5.     Tenders
5.1.   Declaration

       Tenderers must make the representations, acknowledgements and offer
       substantially in the form set out in the Declaration in Attachment B.

5.2.   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.

5.3.   Price

       Tenderers should provide full details of their proposed price structure in
       Attachment D.

5.4.   Statement of Compliance

       Tenderers should complete the Statement of Compliance in Attachment E.
       Tenderers should use the responses defined below:
           –     Complies. In the case of a paragraph or clause that is of an informative
                 nature only, or is a provision of the Draft Services Agreement, compliance
                 means that the paragraph or clause has been read, understood and
                 accepted. In the case of a paragraph or clause that imposes a condition or
                 obligation, compliance means that the tenderer has submitted its tender in
                 full compliance with that condition or obligation. In the case of a
                 paragraph or clause that specifies a future condition or obligation,
                 compliance means that the tenderer will comply in full and on time with
                 that condition or obligation.
           –     Does Not Comply. In the case of a paragraph or clause that is of an
                 informative nature only, or is a provision of the Draft Services
                 Agreement, non compliance means that the paragraph or clause has been
                 read, understood and not accepted. In the case of a paragraph or clause
                 that imposes a condition or obligation, non compliance indicates that the
                 tenderer has not complied with that condition or obligation. In the case of
                 a paragraph or clause that specifies a future condition or obligation, non



       Tender Template Mar07                                                        Page 2
                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 tenderer will comply partially with that condition or
                obligation.
           –    Not Applicable. This means that the paragraph or clause does not apply
                to the tenderer.

       Where a tenderer indicates that it is partially compliant to a paragraph or clause,
       the extent of the non compliance should be fully detailed. In addition, a full
       explanation of the reasons for all non compliance, partial compliance and non
       applicability should be provided.

       Where a tenderer indicates that the paragraph or clause is not applicable to the
       tenderer, the tenderer should explain the reasons why it is not applicable. A
       statement that an issue “needs to be negotiated” or other statement that does not
       fully state the specific requirement or position of the tenderer will be treated by the
       GBRMPA as meaning “Does Not Comply”.

       If a tenderer does not include a statement of non compliance, partial compliance or
       non applicability relating to any matter, the GBRMPA will assume that the
       tenderer “complies” with that matter.

       Tenders should be clear and precise and should reference, where appropriate, the
       paragraph numbers in this RFT and the clause numbers in the Draft Services
       Agreement to which each item relates.

6.     Evaluation Criteria Response Schedules
       Tenderers should provide their responses to each of the evaluation criteria set out
       in paragraphs 16.2 a to d by completing the Evaluation Criteria Response
       Schedules set out in Attachment G.

6.1.   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.




       Tender Template Mar07                                                          Page 3
7.     Consortium tender
7.1.   Consortia

       A tender submitted by a consortium may be rejected by the GBRMPA if the
       tenderer:
       a.   does not propose to contract with the GBRMPA 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.

8.     Tender Lodgement
8.1.   Tenders must be lodged no later than 4pm Queensland time on 14th September
       2007

8.2.   Tenders should be enclosed in a plain envelope endorsed with “Required Identifier”
       - and delivered to:

             Tender Box
             Great Barrier Reef Marine Park Authority
             PO Box 1379
             Townsville QLD 4810

             OR

             If desired for hand lodgements to:

             Great Barrier Reef Marine Park Authority
             Ground Floor
             2-68 Flinders Street East
             Townsville, QLD 4814


8.3.   Tenders submitted via email or facsimile will not be accepted.

8.4.   The closing date and/or time may be extended by the GBRMPA.

8.5.   An original copy of each tender should be submitted. The original should be
       marked “Original”. If no copy is marked “Original” the GBRMPA may choose a
       copy and mark it as the “Original”.

8.6.   Tenderers should make an appointment to inspect the site and structures requiring
       repair. Appointments can be made by contacting Sascha Thyer (07) 47500885
       before the 14th September or emailing s.thyer@grbmpa.gov.au. Please note that
       inspections will only be permitted by appointment.




       Tender Template Mar07                                                      Page 4
9.      Non Compliant Lodgement
9.1.    Opening

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

9.2.    Exclusion

        The GBRMPA will accept a tender that was received late solely due to
        mishandling by the GBRMPA.

10.     Point of Contact
10.1.   The contact officer named below (Contact Officer) is the only point of contact for
        all matters pertaining to this RFT and the tender evaluation. The Contact Officer
        is:

              Sascha Thyer
              2-68 Flinders Street, Townsville, QLD 4810
              saschat@gbrmpa.gov.au
10.2.   The GBRMPA may send responses either to the tenderer who lodged any enquiry
        or to all tenderers on a non attributable basis.

10.3.   Any notice given by a tenderer to the GBRMPA will be effective upon receipt only
        if in writing and delivered to the Contact Officer at the address specified in
        paragraph 10.1.

10.4.   The GBRMPA 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.

11.     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.

12.     Minimum Content and Format Requirements
        Subject to paragraph 11, the GBRMPA will exclude a tender from further
        consideration if the GBRMPA considers that the tender does not comply with the
        following requirements:
         a.   paragraph 5.1
         b.   paragraph 6.1 and




        Tender Template Mar07                                                          Page 5
13.     Conditions of Participation
        The GBRMPA will exclude a tender from further consideration if the GBRMPA
        considers that the tenderer does not comply with the following conditions:
         a.   paragraph 3.1 [if used]
         b.   paragraph 8.1 (subject to paragraph 9)
         c.   paragraphs 21 to 23 and



14.     Incomplete Tenders
        Tenders which are incomplete or clearly non competitive may be excluded from
        consideration at any time during the evaluation process at the GBRMPA’s
        discretion, but the GBRMPA may still consider such tenders and seek clarification
        under paragraph 27.

15.     Evaluation Process
15.1.   Tenders which have not been excluded from consideration by the GBRMPA will
        be evaluated by the GBRMPA to identify the option that represents best value for
        money in accordance with the process and criteria described in paragraph 16.
        Value for money is a comprehensive assessment that takes into account both cost
        represented by the assessment of price and value represented by technical
        assessment in the context of the risk profile presented by each tender.

15.2.   The GBRMPA may make independent enquiries about any of the matters that may
        be relevant to the evaluation of any tender.

16.     Evaluation
16.1.   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:
         a.   encouraging competition
         b.   efficient, effective and ethical use of resources and
         c.   accountability and transparency.

16.2.   Criteria

        Value for money will be determined through application of the following
        evaluation criteria:
         a.   proposed service delivery solution
         b.   technical and management capability
         c.   experience and demonstrated expertise



        Tender Template Mar07                                                      Page 6
         d.   client focus
         e.   price and
         f.   statement of compliance.

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

        If additional criteria are intended to be applied for the purposes of evaluation, the
        GBRMPA will notify tenderers who will be given an opportunity to respond.

16.3.   Step 1 –Compliance

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

16.4.   Step 2 –Technical Worth

        An assessment will be undertaken of the technical worth of tenders on the basis of
        the criteria set out in paragraphs 16.2 a to d above.

16.5.   Step 3 – Price

        An assessment of price will be undertaken.

16.6.   Step 4 –Value for Money

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

17.     RFT and Representations
17.1.   This RFT is and will remain the property of the GBRMPA. This RFT may only be
        used for the purpose of preparing a tender and any subsequent agreement in
        respect of the Services.

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

17.3.   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.

18.     Tender Documents
18.1.   All tender documents (including paper and electronic copies) will become the
        property of the GBRMPA on submission.


        Tender Template Mar07                                                         Page 7
18.2.   Without prejudice to any other right of the GBRMPA under this RFT or at law, the
        GBRMPA 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 tenderers to the Australian
             Competition and Consumer Commission ("ACCC") and the use by the ACCC
             of that material to conduct any review it deems necessary or
        f.   anything else related to the above purposes, including responding to any
             challenge to the RFT process or audit.

18.3.   As a Commonwealth agency, the GBRMPA is subject to the legislative and
        administrative accountability and transparency requirements of the
        Commonwealth, including disclosures to the Parliament and its Committees. The
        GBRMPA 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
        e.   within the GBRMPA, 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.

18.4.   Notwithstanding this paragraph 18, ownership of the intellectual property in each
        tender will remain unchanged.

18.5.   Subject to paragraphs 18.2 and 18.3, all documents provided by each tenderer will
        be held in confidence so far as circumstances permit.

19.     Statements
        A tender submitted by a consortium may be rejected by the GBRMPA 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
        GBRMPA.




        Tender Template Mar07                                                         Page 8
20.     Security, Probity and Financial Checks
        The GBRMPA 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 GBRMPA if the tenderer does not provide, at its cost, all reasonable
        assistance to the GBRMPA in this regard.

21.     Tender Validity Period
        Tenderers must hold their tenders open for acceptance by the GBRMPA for a
        period of at least 6 months after the closing date.

22.     Conflict of Interest
22.1.   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 GBRMPA personnel).

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

23.     Tenderer Conduct
23.1.   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.

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

23.2.   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 GBRMPA may also involve the ACCC to provide assistance to the GBRMPA
        in relation to any competition issues concerning a tenderer or related to a tender.

23.3.   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.



        Tender Template Mar07                                                            Page 9
23.4.   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.

24.     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.

25.     Return of Information
        The GBRMPA may require that, at any stage, all written or electronically stored
        information (whether confidential or otherwise and without regard to the type of
        media on which such information was provided to any tenderer) provided to
        tenderers (and all copies of such information made by tenderers) be:
         a.   returned to the GBRMPA - in which case the tenderer must promptly return
              all such information to the address identified by the GBRMPA or
         b.   destroyed by the tenderer - in which case the tenderer must promptly
              destroy all such information and provide the GBRMPA with written
              certification that the information has been destroyed.

26.     No Contract or Undertaking
        Nothing in this RFT will be construed to create any binding contract (express or
        implied) between the GBRMPA and any tenderer until a formal written
        agreement, if any, is entered into by the parties. Any conduct or statement
        whether prior to or subsequent to the issue of this RFT is not, and this RFT is not,
        and will not be deemed to be:
         a.   an offer to contract or
         b.   a binding undertaking of any kind by the GBRMPA (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).

27.     Responsibility for Tenderer Costs
27.1.   Participation in any stage of this RFT process, or in relation to any matter
        concerning this RFT will be at each tenderer's sole risk, cost and expense. The
        GBRMPA 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.



        Tender Template Mar07                                                         Page 10
27.2.   Neither the GBRMPA nor its officers, employees or advisers will be liable to any
        tenderer on the basis of any promissory estoppel, quantum meruit or on any other
        contractual, quasi contractual or restitutionary grounds or any rights with a
        similar legal or equitable basis whatsoever or in negligence as a consequence of
        any matter or thing relating or incidental to a tenderer's participation in this RFT
        process, including instances where:
        a.    a tenderer is not engaged to undertake the provision of the Services
        b.    the GBRMPA decides not to outsource all or any of the Services
        c.    the GBRMPA exercises or fails to exercise any of its other rights under or in
              relation to this RFT or
        d.    the GBRMPA 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.

28.     GBRMPA's Rights
28.1.   Neither the lowest priced tender, nor any tender, will necessarily be accepted by
        the GBRMPA. Acceptance of any tender will be subject to the execution of a
        formal agreement.

28.2.   Without limiting its rights at law or otherwise, the GBRMPA 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
         e.    add to, alter, delete or exclude any services to be acquired by the GBRMPA
         f.    publish or disclose the names of successful tenderers or those who are
               shortlisted as a result of the evaluation of responses to the RFT
         g.    if the GBRMPA considers that no tender offers value for money in
               accordance with the RFT, or it is otherwise in the public interest to do so,
               terminate the RFT process and:
              A. negotiate with one or more non tenderers or
              B.   enter into a contract or other binding relationship outside the RFT process
                   and
         h.    allow or not allow a related body corporate within the meaning of the
               Corporations Act 2001 (Cth) to take over a tender in substitution for the
               original tenderer.

28.3.   The establishment of a time or date in this RFT does not create an obligation on the
        part of the GBRMPA to take any action or create any right in any tenderer that any
        action be taken on the date established.



        Tender Template Mar07                                                           Page 11
29.     Debriefing of Tenderers
29.1.   Tenderers may request an oral debriefing following the conclusion of the RFT
        process. Tenderers requiring a debriefing should contact the Contact Officer.

29.2.   Tenderers will be debriefed against any evaluation criteria contained in this RFT.
        In accordance with Commonwealth policy, a tenderer will not be provided with
        information concerning other tenders, except for publicly available information
        and except in so far as comparative statements can be made without breaching
        confidentiality.

30.     Applicable Law
        The law applying in the State or Territory applies to this RFT and to the RFT
        process.

31.     Occupational Health and Safety
31.1.   Tenderers must comply with all Occupational Health and Safety standards in the
        supply, installation and maintenance of goods or services as prescribed under the
        under the Occupational Health and Safety (Commonwealth Employment) Act,
        1991.

31.2.   Tenderers must provide evidence of an Occupational Health and Safety
        Management system including a risk assessment, manuals, procedures, work
        methods, training /competency records.

31.3.   The successful tenderer will be required to maintain an onsite register of compliant
        Material Safety Data Sheets (MSDS) for all chemical products in use. MSDS will be
        supplied to the GBRMPA Office Services Coordinator on an annual basis.
        Moreover, these chemical products are to have labelling that is in accordance with
        Commonwealth hazardous substances and dangerous goods regulations. The
        GBRMPA strongly recommends that any agents selected by the Contractor are
        classifiable as non-hazardous or in any case present a minimum hazard to human
        health and the environment.

32.     Non-Disclosure
32.1.   The successful tenderer will not be permitted without prior written approval of the
        GBRMPA to:
         a.    Disclose other than to the GBRMPA any information
              A. acquired in connection to a contract; or
              B.   gained generally through working on the GBRMPA premises; or
              C. gained through using or accessing the GBRMPA’s computer network
                 including it’s E-Mail facilities.
         b.    Release other than to the GBRMPA any material created in connection with
               the contract.

32.2.   The GBRMPA will require that tenderer arrange for its employees, agents or
        Subcontractors engaged in the performance of the contract to execute an Employee


        Tender Template Mar07                                                       Page 12
Undertaking or Deed of Confidentially in a form acceptable to the Commonwealth
relating to the non-disclosure of the GBRMPA, confidential information and the
Contractor shall arrange for all such deeds to be executed promptly.

The provisions of this Clause will continue to apply after expiration or termination
of this Agreement.




Tender Template Mar07                                                        Page 13
ATTACHMENT A - STATEMENT OF REQUIREMENTS

Essential Requirements

ReefHQ requires repairs to be undertaken on it’s 4.9tonne gantry crane steel support
structures. The gantry consists of steel SHS columns and braces, supporting steel beams
and crane rails. The columns typically penetrate the first floor slab and are fixed to the
building via structural steel anchorage plates. There are 22 columns with 6 requiring
repair, repairs to rust spots, concrete casement cracking, repairs to plates and struts.
Rectification of noticeable sag and deflection of gantry.

Scope

•    Repairs to columns where significant corrosion is present. This would involve partial
    demolition of an adjacent blockwork wall and concrete stair.

•    Repairs where there is minor surface corrosion at the interface of a column and a
    concrete stair and between a column and slab.

•     Repairs to corrosion on anchor plates and bolts on two columns and diagonal struts.

•     Repairs to minor rust spots on columns and beams

•     Rectification of sag at crane stop and deflection at cantilevered end in crane loading
    status.

Services to be performed/ Products to be supplied

Note:
The scope of work and repair specifications have been specified by Maunsell
Australia Pty Ltd, following a structural assessment of the crane and structures.
Excerpts from this document including repair specifications are supplied upon
request. Works must be conducted in consultation with Maunsell Australia Pty Ltd.
(via the ReefHQ Project Manager) and periodic inspections will be undertaken by
Maunsell to ensure quality of work.

1.1        Column S10: Significant corrosion at lower end of column, anchor plate and
           bolts. In poor condition.

1.2        Column S11: Minor surface corrosion at interface of column and stair

1.3        Column N11: Corroded lower end of column. Significant corrosion on anchor
           plate and bolts. Should be repaired.

1.4        Several rusted areas and numbers of minor rusted spots found on columns and
           beams.

1.5        Typical minor surface corrosion.

1.6        Surface corrosion to crane rail. Does not require repair at this stage.




Tender Template Mar07                                                                  Page 14
1.7      Minor cracking to a number of concrete encasements. Whilst not a structural
         issue these should continue to be monitored to ensure water does not penetrate
         the slab and corrode the main gantry columns.

1.8      Noticeable sag at the crane stop

1.9      Noticeable deflection at cantilevered end in crane loading status.

1.10     N1 Column penetration: Surface corrosion on anchor plate and surrounding area
         inside the building.

1.11     N2 Column penetration: Corrosion to anchor plate and column penetration.

1.12     Several corroded and wet or salt covered areas found in a number of column
         penetrations, mainly in the leaking areas.

1.13     Rusted base plates to diagonal struts.

1.14     At Column S1: Minor surface corrosion at interface of column and slab.

Time

Works required as soon as possible and duration of the project to be negotiated with
contractor

Additional Services

ReefHQ is a public visitor facility and hence some works that would disrupt
visitors may have to be conducted outside of visitor hours.

ReefHQ conducts SCUBA diving and visitor dive shows during visitor hours and
hence SCUBA diving OH&S must be taken into consideration during the project.

ReefHQ consists of Living Marine Systems containing plants and animals that are
sensitive to toxic chemical. ReefHQ is also located adjacent to the Ross Creek and
hence any chemical and materials used in the repair must not represent any risk to
these animals or the adjacent environment.




Tender Template Mar07                                                                  Page 15
ATTACHMENT B - DECLARATION BY TENDERER

Offer
The tenderer offers to provide the Services at the price proposed and on the
conditions set out in the RFT.

The tenderer undertakes not to withdraw, vary or otherwise compromise this offer
for a period of [Number] months from the closing date set out in the RFT.

Conflict of interest
The tenderer represents that, having made all reasonable enquiries, it either:
— does not have any known actual or potential conflicts of interest in respect of
  the RFT, its tender or the provision of the Services or
— has in this Declaration declared all such actual or potential conflicts to the
  GBRMPA.

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 GBRMPA in writing of all actual or
potential conflicts of interest in respect of the RFT, its tender or the provision of the
Services immediately upon becoming aware of the same.

Improper Assistance
The tenderer represents that:
— this tender has been compiled without the improper assistance of any
  Commonwealth employee and without the use of information obtained
  unlawfully or in breach of an obligation of confidentiality to the
  Commonwealth and
— it has not contravened paragraph 23 of the RFT.

Further Representations and Acknowledgements
The tenderer makes the following further representations to the GBRMPA:

— it has examined the RFT, the Draft Services Agreement, all documents referred
  to in the RFT and all other information made available to it and all applicable
  legislation and policies
— it has examined all further information which is obtainable by making
  reasonable enquiries relevant to the risks, contingencies and other
  circumstances having an effect on its tender
— it has satisfied itself as to the correctness and sufficiency of its tender




Tender Template Mar07                                                            Page 16
— it has relied entirely on its own enquiries and has not relied on any
  representation, warranty or other conduct by or on behalf of the GBRMPA,
  except as expressly provided in the RFT or in notices received by it
— it has accepted and has fully complied with the provisions of the RFT
  including the terms and conditions in the RFT and it has accepted and will
  execute the Draft Services Agreement, in each case save only for the matters
  detailed in Attachment E and
— its tender is fully compliant with the requirements of the RFT, the documents
  attached to or comprised in the RFT and all documents to which it refers save
  only for the matters detailed in Attachment E.

The tenderer acknowledges that:
— the GBRMPA may exercise any of its rights set out in the RFT, at any time
— the statements, opinions, projections, forecasts or other information contained
  in the RFT may change
— the RFT is a summary only of the GBRMPA’s requirements and is not
  intended to be a comprehensive description of it
— neither the lodgement of the RFT nor the acceptance of any tender nor any
  agreement made subsequent to the RFT will imply any representation from or
  on behalf of the GBRMPA that there has been no material change since the
  date of the RFT or since the date as at which any information contained in the
  RFT is stated to be applicable
— except as required by law and only to the extent so required, neither the
  GBRMPA, nor its respective officers, employees, advisers or agents will in any
  way be liable to any person or body for any loss, damage, cost or expense of
  any nature arising in any way out of or in connection with any
  representations, opinions, projections, forecasts or other statements, actual or
  implied, contained in or omitted from the RFT and
— the tenderer has sought its own professional advice as appropriate and has
  not construed the RFT as investment, legal, tax or other advice.

Confidentiality
The tenderer acknowledges that the GBRMPA may disclose, and consents to the
GBRMPA disclosing, any information provided by the tenderer, whether
confidential or not:
— to its advisers or employees solely in order to evaluate or otherwise assess the
  tender
— to its internal management personnel solely in order to evaluate or otherwise
  assess the tender
— to the responsible Minister
— in response to a request by a House or a Committee of the Parliament of the
  Commonwealth of Australia
— within the GBRMPA, or with another Commonwealth agency, where this
  serves the Commonwealth’s legitimate interests


Tender Template Mar07                                                      Page 17
— where the information is authorised or required by law to be disclosed
— where the information is in the public domain otherwise than by a
  Commonwealth disclosure and
— where the disclosure is required to meet the GBRMPA's reporting or
  accountability requirements, including, without limitation:
       –       Commonwealth Authorities and Companies Act 1998;
       –       Finance Minister’s orders under subsection 47A (2) of the Commonwealth
               Authorities and Companies Act 1997;
       –       to the Australian National Audit Office or any other auditor appointed by
               the GBRMPA
       –       in accordance with the provisions that require notification of
               Commonwealth contracts in the Commonwealth Government Gazette
       –       in accordance with the Requirements for Annual Reports and
       –       to the Commonwealth Ombudsman.

The tenderer acknowledges that the GBRMPA has received this tender in reliance
on this Declaration. The tenderer acknowledges that the GBRMPA 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)


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

 __________________________________________________________________________________




Tender Template Mar07                                                                               Page 18
POSITION OF REPRESENTATIVE (In Block Letters)


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

 __________________________________________________________________________________

SIGNATURE OF WITNESS                                                             ADDRESS OF WITNESS

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

 __________________________________________________________________________________




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


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




Tender Template Mar07                                                                                                        Page 19
ATTACHMENT C - TENDERER DETAILS



Tenderer Name

Registered Office

Principal Place of Business

Date and Place of Incorporation

Trading and Business Names

Registered Business Number

Australian Business Number

Registered for GST?               Yes         No

Office Hours                      Week days   Emergency
                                              after hours




Contact Person



Name:



Position



Address:



Phone Number:



Fax Number:



Email:




Tender Template Mar07                                   Page 20
ATTACHMENT D - PRICING SCHEDULE




Tender Template Mar07             Page 21
ATTACHMENT E - STATEMENT OF COMPLIANCE



A response (in accordance with paragraph 5.4 of the RFT) should be provided in
respect of each paragraph of the RFT and in respect of each paragraph of the Draft
Services Agreement. If appropriate, compliance may be indicated against groups
of paragraphs or clauses (eg. “paragraphs 17.1 to 17.4 inclusive: ‘Complies’ ”, or
for the Draft Services Agreement “clauses 1 to 15 inclusive: Complies”).




Paragraph/Annex/Attachment Number          Tenderer's Response

Paragraphs



Tenderers should carefully consider all
parts of the tender documentation and
note any parts with which they do not
comply.




Draft Services Agreement



Tenderers should carefully consider all
parts of the Draft Services Agreement
and note any parts with which they do
not comply.




Tender Template Mar07                                                      Page 22
ATTACHMENT F - DRAFT SERVICES AGREEMENT

NOTE TO DRAFTERS:

Insert copy of standard contract found at
http://www.internal.gbrmpa.gov.au/legal/documents.html




Tender Template Mar07                                    Page 23
OPERATIVE PROVISIONS

1.              Interpretation

1.1             In this Agreement, unless the contrary intention appears:

                (a)      words importing a gender include any other gender;

                (b)      words in the singular include the plural and words in the plural include the
                         singular;

                (c)      clause headings are for convenient reference only and have no effect in limiting or
                         extending the language or provisions to which they refer;

                (d)      words importing a person includes a partnership and a body whether corporate or
                         otherwise;

                (e)      a reference to dollars is a reference to Australian dollars;

                (f)      if any word or phrase is given a defined meaning, any other part of speech or
                         other grammatical form of that word or phrase has a corresponding meaning;

                (g)      the Schedule forms part of this Agreement;

                (h)      the obligations of a party to this Agreement must be performed at its cost and
                         throughout the term of this Agreement;

                (i)      a reference to a contract , agreement, arrangement or understanding entered into
                         by the GBRMPA is a reference to such contract, agreement, arrangement or
                         understanding being entered into by the GBRMPA on behalf of the
                         Commonwealth of Australia;

                (j)      a reference to real or personal property held by the GBRMPA is a reference to real
                         or personal property held for and on behalf of the Commonwealth of Australia;

                (k)      a reference to money received by the GBRMPA is a reference to money received
                         for and on behalf of the Commonwealth of Australia; and

                (l)      a reference to a financial liability of the GBRMPA is a reference to a financial
                         liability of the Commonwealth of Australia.

2.              Timing and Direction

2.1             The Project is to be performed by the Contractor in a thoroughly competent and
                professional manner at the time or times specified in the Schedule to this Agreement (“the
                Schedule”).

2.2             All matters in relation to the carrying out of the Project not expressly provided for in this
                Agreement will be undertaken according to the directions as may be given from time to
                time by the Project Manager specified in the Schedule, or the person from time to time
                performing the duties of that person.

3.              Equipment and Support (Including Computers and Systems Support)

3.1             All personnel, material and equipment and computer systems support required by the
                Contractor to perform the Project must be provided by the Contractor at its own risk and
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                                                                                                      Page 1 of 15
                expense save only those items of equipment and materials specified in the Schedule (if
                any).

3.2             All materials and equipment provided by the GBRMPA and all non-consumable materials
                and equipment purchased by the Contractor with funds provided by the GBRMPA must be
                returned to the GBRMPA immediately upon completion of the Project or earlier
                termination of this Agreement, in the same condition and order as they were received by
                the Contractor, fair wear and tear excepted. Where the GBRMPA provides to the
                Contractor equipment or support (including computers, software, access to the GBRMPA's
                computer system network, E-Mail facilities and Internet access) the Contractor must only
                use that equipment or support in performance of the Agreement.

4.              Payment

                Subject to this Agreement, the consideration payable to the Contractor hereunder will be
                paid at the times and in the manner specified in the Schedule. Where the Schedule
                provides that the Contractor is to be paid by progressive instalments, the GBRMPA will be
                entitled, without derogating from any other right it may have, to defer payment of an
                instalment until the Contractor has completed to the satisfaction of the GBRMPA that part
                of the Project to which the instalment relates.

5.              GST and ABN

5.1             The amount payable by the GBRMPA as determined in accordance with clause 4 and the
                Schedule includes Goods and Services Tax (GST) for supplies made under this Agreement
                which are taxable supplies within the meaning of A New Tax System (Goods and Services
                Tax) Act 1999 (“the GST Act”).

5.2             In relation to taxable supplies made under this Agreement, the Contractor Agrees to issue
                the GBRMPA with a tax invoice in accordance with the GST Act.

5.3             The Contractor warrants that as at the date of signing this Agreement, it has a current
                Australian Business Number and warrants that if for any reason it ceases to have a current
                Australian Business Number it will immediately notify the GBRMPA in writing and
                provide full particulars.

6.              Reporting

                The Contractor must submit such reports, data, photographs, slides, videotapes and/or
                statements of receipts and expenditure in relation to the Project in the time manner and
                format as may be specified in the Schedule.

7.              Personnel and Sub-Contractors

7.1             The Project will be performed by the person or persons specified in the Schedule, and in
                the event that no such person or persons be so specified, then the Project must be
                performed by the Contractor personally or where the Contractor is a body corporate, its
                employees.

7.2             The Contractor must not, without the prior written approval of the GBRMPA, subcontract
                the performance of any part of the Project. In giving the Contractor written approval to
                subcontract the GBRMPA may impose such terms and conditions as it thinks fit.

7.3             In the event that the Contractor does subcontract the performance of any part of the Project
                the Contractor will remain fully responsible for the performance of the Project. In
                particular, the Contractor is responsible for ensuring that the subcontracting party is bound
Version: July 2007
                                                                                                    Page 2 of 15
                by the same terms as the Contractor, as set out in this Agreement, including Clause 15
                (Copyright, Intellectual Property and use of Commonwealth Material), Clause 17
                (Security, Access and Non-Disclosure), Clause 18 (Confidential Information), Clause 19
                (Privacy), Clause 20 (Contract material) and Clause 21(Occupational Health and Safety).

8.              The Schedule and Attachments

8.1             The Schedule and any Attachments to this Agreement form part of this Agreement.

8.2             Unless otherwise stated, words used in the Schedule and any Attachments have the same
                meaning as the same terms used in this Agreement. If any conflict between the Schedule
                and these terms arise, then these terms prevail, but the Schedule will continue to have
                effect and will be interpreted so as to give full meaning and effect to the terms of this
                Agreement.

9.              Inspection of Progress

                The Contractor will at all reasonable times give to the GBRMPA's servants agents and
                employees access to premises occupied by the Contractor where the Project is being
                undertaken and will permit those persons to inspect the performance of the Project and any
                property or material howsoever arising out of or in connection with the performance of the
                Project.

10.             Negation of Employment

                It is expressly agreed and declared that the relationship between the GBRMPA and the
                Contractor is that of independent contractors and neither the Contractor nor its employees
                are employees of the GBRMPA for any purpose whatsoever.

11.             Insurance of Personnel

                The Contractor must, at its expense, insure and keep insured all persons engaged by it in
                relation to the Project under all applicable laws relating to workers' compensation and must
                supply documentary evidence to the GBRMPA as may be required by it from time to time
                to evidence such insurance.

12.             Indemnity Against Action

12.1            The Contractor hereby indemnifies and agrees to keep indemnified the GBRMPA and its
                servants and agents from all claims, actions, suits, demands, costs or expenses whatsoever
                arising from either:

                (a)     a breach by the Contractor of this Agreement; or

                (b)     an act or omission involving negligence or default on the part of the Contractor or
                        its employees and agents in connection with this Agreement.

12.2            The Contractor’s liability under subclause 12.1 will be reduced proportionately by the
                extent that any act or omission involving fault on the part of the GBRMPA contributed to
                the relevant liability, loss, damage or expense.




Version: July 2007
                                                                                                   Page 3 of 15
13.             Insurance

13.1            The Contractor must before performing the Project take out and maintain at all times
                during the Project a public liability policy to the value of at least TEN MILLION
                DOLLARS ($10,000,000.00) with a reputable insurance company, such policy to provide
                insurance against risks of personal injury (including death) and property damage, subject
                only to such exclusions as the GBRMPA may approve in writing.

13.2            The Contractor must upon demand immediately produce to the Project Manager all
                documentary evidence, including all policies, receipts for premiums and renewal notices,
                necessary in the opinion of the Project Manager to establish full compliance with the
                requirements of this condition.

13.3            The Contractor must:

                (a)      effect and maintain professional indemnity insurance to the value of at least TWO
                         MILLION DOLLARS ($2,000,000.00) with a reputable insurance company; and

                (b)      on request, provide proof of insurance acceptable to the GBRMPA.

13.4            This Clause 13 continues in operation for so long as any obligations remain in connection
                with the Agreement.

14.             Laws and Regulations

14.1            The Contractor must at all times in the performance of the Project observe and comply
                with the provisions of any and all relevant Acts, regulations, by-laws, orders, industrial
                awards and rules and all requirements of any competent authority as in force in the place
                where the Project is to be performed and as may relate to the performance of the Project.

14.2            The Contractor will obtain and maintain, at its sole expense, at all times all licences
                permits and authorities necessary for the lawful performance of the Project. It is expressly
                agreed that this Agreement does not confer permission to undertake any activities which
                require a permission under the Great Barrier Reef Marine Park Act 1975 and if such
                permission is required then the Contractor will be obliged to apply for same and the
                permission may be granted or refused or granted subject to conditions.

14.3            The Contractor must at all times when using computer equipment, E-Mail facilities,
                Internet access or software supplied by the GBRMPA observe and comply with the
                provisions of all relevant laws from time to time in force in the State or Territory in which
                that use takes place.

15.             Copyright, Intellectual Property and use of Commonwealth Material

15.1            For the purposes of this Agreement:

                (a)      “Commonwealth Material” means any material:

                         (i)      provided by the GBRMPA to the Contractor for the purposes of this
                                  Agreement; or

                         (ii)     derived at any time from the material referred to in subclause 15.1(a)(i).

                (b)      “Intellectual Property” includes:

                         (i)      all copyright (including rights in relation to phonograms and broadcasts);
Version: July 2007
                                                                                                     Page 4 of 15
                         (ii)     all rights in relation to inventions, plant varieties, trade marks, designs
                                  and circuit layouts; and

                         (iii)    all rights resulting form intellectual activity in the industrial, scientific or
                                  artistic fields;

                         but does not include:

                         (iv)     Moral rights;

                         (v)      the rights of performers; or

                         (vi)     the right in relation to Confidential Information.

                (c)      “Material” means the subject matter of any category of Intellectual Property
                         rights.

                (d)      “Project Material” means any material:

                         (i)      created for the purposes of this Agreement ;

                         (ii)     provided or required to be provided to the GBRMPA as part of the
                                  services under this Agreement; or

                         (iii)    derived at any time from the material referred to in paragraphs (i) or (ii).

15.2            (a)      The GBRMPA grants, or will procure a royalty-free, non-exclusive licence for the
                         Contractor to use, reproduce and adapt the Commonwealth Material for any
                         purposes of this Agreement.

                 (b)     The Contractor agrees to ensure that the Commonwealth Material is used strictly
                         in accordance with any conditions or restrictions set out in the Schedule, and any
                         direction from the GBRMPA.

15.3            All Intellectual Property in all Project Material vests or will vest absolutely in the
                GBRMPA.

15.4            Clause 15.3 does not affect the ownership of Intellectual property in:

                (a)      any Commonwealth Material incorporated into the Project Material; or

                (b)      any Material that is in existence at the Start Date and specified in the Schedule.

15.5            The Contractor grants to, or will procure for, the GBRMPA a permanent, irrevocable,
                royalty-free, world-wide, non-exclusive licence (including a right of sublicence) to use
                reproduce, adapt and exploit any existing Material referred to in clause 15.4(b), in
                conjunction with the Project Material.

15.6            The Contractor must disclose to the GBRMPA, in any report submitted pursuant to
                Clause 6 of this Agreement, the existence of any Intellectual Property.

15.7            The Contractor hereby assigns absolutely to the GBRMPA any rights that it may have in
                all Intellectual Property that may subsist in its favour.

15.8            On request of the GBRMPA, the Contractor must at its expense create, sign, execute or
                otherwise deal with any document necessary or desirable to give effect to this Clause 15.
Version: July 2007
                                                                                                         Page 5 of 15
15.9            The Contractor warrants that:

                (a)      it is entitled; or

                (b)      it will be entitled at the relevant time;

                to deal with the Intellectual Property in the Project Material in the manner provided in this
                clause.

16.             Conflict of Interest

16.1            The Contractor warrants on behalf of itself and its employees, and any subcontractors that
                it does not hold any office, possess any property or have any obligation by virtue of any
                contract or standards which the Contractor must observe in the course of exercising a
                profession, whereby, directly or indirectly, duties or interests are or might be created in
                conflict with its duties and interests under this Agreement.

16.2            In the event that such a conflict arises or there is an immediate risk of such a conflict
                arising, the Contractor will do all things necessary to obviate such risk and lawfully carry
                out the Project and must advise the GBRMPA immediately in writing of such conflict or
                potential conflict giving full details.

17.             Security, Access and Non-Disclosure

17.1            The Contractor agrees to comply with security requirements for the protection of official
                information:

                (a)      detailed in the Protective Security Manual, published by the Commonwealth
                         Attorney- General’s Department; and

                (b)      as advised by the GBRMPA during the term of this Agreement.

17.2            In this Agreement ‘Security Classified Information’ means official information that, if
                compromised, could have adverse consequences for the Commonwealth or the GBRMPA.

17.3            The Contractor must not permit any of its employees, agents or subcontractors to have
                access to any Security Classified Information unless:

                (a)      that person has been cleared, by the Australian Security Vetting Service or
                         departmental security unit, to the appropriate security level; and

                (b)      the GBRMPA has given written approval for that person(s) to have access to
                         Security Classified Information.

17.4            The Contractor must inform the GBRMPA immediately upon becoming aware of any
                breach of these requirements, including an unauthorised person having access to Security
                Classified Information.

17.5            The Contractor warrants that none of its employees, agents or subcontractors will make
                copies, or use otherwise than in accordance with the terms of this Agreement:

                (a)      any material relating to access to the non-public premises occupied by the
                         GBRMPA or particular work areas (including keys, passes and access codes);

                (b)      any of the materials supplied by the GBRMPA relating to the Project; and

Version: July 2007
                                                                                                     Page 6 of 15
                (c)      any Security Classified Information accessed by the Contractor or its agents, or
                         subcontractors.

17.6            The Contractor agrees, upon reasonable notice, to permit any agent, nominee, officer or
                auditor of the GBRMPA or the Commonwealth of Australia to have access to any premises
                of the Contractor, to any site used in connection with this Agreement and to equipment,
                software, data, documentation and records maintained by it and relevant to the
                performance of this Agreement, in the company of the Contractor’s employees for
                purposes associated with this Agreement including value for money, security, occupational
                and safety reviews and any associated audit requirements.

18.             Confidential information

18.1            For the purposes of this Agreement “Confidential Information” means the information
                described in the Schedule and information that the parties agree in writing after the Start
                Date is Confidential Information for the purposes of this Agreement.

18.2            Confidential Information not to be disclosed

                (a)      Subject to subclause 18.2(b), the Contractor must not, without the prior written
                         consent of the GBRMPA, disclose any Confidential Information of the GBRMPA
                         to a third party.

                (b)      The GBRMPA may impose any conditions it considers appropriate when giving
                         consent under this clause and the Contractor agrees to comply with these
                         conditions.

                (c)      The GBRMPA may require that the Contractor arrange for its employees, agents
                         or subcontractors engaged in the performance of this Agreement to execute an
                         Undertaking or Deed of Confidentiality in a form acceptable to the GBRMPA
                         relating to the non-disclosure of the GBRMPA’s Confidential Information and the
                         Contractor shall arrange for all such deeds to be executed promptly, and at the
                         Contractor’s expense.

18.3            Exceptions to obligations

                (a)      The obligations on the Contractor under this Clause 18 will not be taken to have
                         been breached to the extent that Confidential Information:

                         (i)      is disclosed by it to its Personnel solely in order to comply with
                                  obligations, or to exercise rights, under this Agreement;

                         (ii)     is disclosed to its internal management Personnel, solely to enable
                                  effective management or auditing of contract-related activities;

                         (iii)    is authorised or required by law to be disclosed; or

                         (iv)     is in the public domain otherwise than due to a breach of this Clause 18 .

                (b)      Where the Contractor discloses Confidential Information to another person
                         pursuant to subclauses 18.3(a)(i) or 18.3(a)(ii), the Contractor must notify the
                         receiving person that the information is confidential.

                (c)      In the circumstances referred to in subclauses 18.3(a)(i) and 18.3(a)(ii), the
                         disclosing party agrees not to provide the information unless the receiving person
                         agrees to keep the information confidential.
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                                                                                                       Page 7 of 15
18.4            Additional Confidential Information

                The parties may agree in writing after the date of this Agreement that certain information is
                to be Confidential Information for the purposes of this Agreement.

18.5            Period of confidentiality

                The obligations under this Clause 18 continue, notwithstanding the expiry or termination
                of this Agreement, unless otherwise agreed by the parties in writing.

18.6            No reduction in privacy obligations

                (a)       This Clause 18 does not detract from any of the Contractor’s obligations under the
                          Privacy Act 1988 (Cth), or under Clause 19, in relation to the protection of
                          Personal Information.

                (b)       The non-disclosure requirements set out in this Clause 18 are obligations for the
                          purposes of this Agreement, and the provisions of this Clause 18 continue to apply
                          after expiration or termination of this Agreement.

19.             Privacy

19.1            This clause applies only where the Contractor deals with Personal Information when, and
                for the purpose of performing the Project under this Agreement.

19.2            For the purposes of this Agreement, “Personal Information” means information or an
                opinion (including information or an opinion forming part of a database) whether true or
                not, about a natural person whose identity is apparent or can reasonably be ascertained,
                from the information or opinion.

19.3            The Contractor acknowledges that it is a “contracted service provider” within the meaning
                of section 6 of the Privacy Act 1988 (“the Privacy Act”), and agrees that when performing
                the Project under this Agreement:

                (a)       to use or disclose Personal Information obtained during the course of performing
                          the Project under this Agreement, only for the purposes of this Agreement;

                (b)       not to do any act or engage in any practice that would breach an Information
                          Privacy Principle (“IPP”) contained in section 14 of the Privacy Act, which if
                          done or engaged in by an agency, would be a breach of that IPP;

                (c)       to carry out and discharge the obligations contained in the IPPs as if it were an
                          agency under the Privacy Act;

                (d)       to notify individuals whose Personal Information the Contractor holds, that
                          complaints about acts or practices of the Contractor may be investigated by the
                          Privacy Commissioner who has power to award compensation against the
                          Contractor in appropriate circumstances;

                (e)       not to use or disclose Personal Information or engage in an act or practice that
                          would breach section 16F of the Privacy Act (direct marketing), a National
                          Privacy Principle (“NPP”) (particularly NPPs 7 to 10) or an Approved Privacy
                          Code (“APC”), where that section, NPP or APC is applicable to the Contractor,
                          unless:


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                                                                                                      Page 8 of 15
                        (i)      in the case of section 16F – the use or disclosure is necessary, directly or
                                 indirectly, to discharge an obligation under this Agreement; or

                        (ii)     in the case of an NPP or an APC – where the activity or practice is
                                 engaged in for the purpose of discharging, directly or indirectly, an
                                 obligation under this Agreement, and the activity or practice which is
                                 authorised by this Agreement is inconsistent with the NPP or APC;

                (f)     to disclose in writing to any person who asks, the content of the provisions of this
                        Agreement (if any) that are inconsistent with an NPP or an APC binding a Party
                        to this Agreement;

                (g)     to immediately notify the GBRMPA if the Contractor becomes aware of a breach
                        or possible breach of any of the obligations contained in, or referred to in, this
                        Clause 19 by the Contractor or any subcontractor; and

                (h)     to ensure that any employee of the Contractor who is required to deal with
                        Personal Information for the purposes of this Agreement is made aware of the
                        obligations of the Contractor set out in this Clause 19.

19.4            The Contractor agrees to ensure that any subcontract entered into for the purpose of
                fulfilling its obligations under this Agreement contains provisions to ensure that the
                subcontractor has the same awareness and obligations as the Contractor has under this
                clause, including the requirement in relation to subcontracts.

19.5            The Contractor agrees to indemnify the GBRMPA in respect of any loss, liability or
                expense suffered or incurred by the GBRMPA which arises directly or indirectly from a
                breach of any of the obligations of the Contractor under this Clause 19, or a subcontractor
                under the subcontract provisions referred to in Clause 7.

19.6            In this clause , the terms “agency”, “Approved Privacy Code” (APC), “Information
                Privacy Principles” (IPPs), and “National Privacy Principles” (NPPs) have the same
                meaning as they have in section 6 of the Privacy Act.

19.7            The provisions of this clause will survive the termination or expiration of this Agreement.

20.             Contract Material

20.1            In this Agreement “Contract Material” means any document, device, article or medium in
                which Commonwealth Material, Confidential Information of the GBRMPA or the
                Commonwealth, Project Material or other information relevant to the Project is embodied.

20.2            Property in Contract Material vests or will vest in the GBRMPA.

20.3            The Contractor agrees to establish and maintain procedures to secure all copies of
                Commonwealth Material against loss and unauthorised access, use, modification or
                disclosure.

20.4            The Contractor will not without the prior written approval of the GBRMPA which
                approval may be given or refused in the absolute discretion of the GBRMPA disclose other
                than to the GBRMPA, any information (including Contract Material):

                (a)     acquired in connection with this Agreement;

                (b)     gained generally through working on the premises occupied by the GBRMPA; or

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                                                                                                     Page 9 of 15
                (c)      gained through using or accessing the GBRMPA’s computer network.

20.5            The Contractor will ensure that all Contract Material is handled strictly in accordance with
                any conditions or restrictions set out in the Schedule.

20.6            The Contractor must also at its expense ensure that identical obligations of secrecy,
                confidentiality and limitations on use are imposed upon its employees and agents.

20.7            The Contractor agrees, on expiration or termination of this Agreement, to ensure that all
                Contract Material is delivered to the GBRMPA or otherwise dealt with as directed by the
                GBRMPA, subject to any requirement of law binding on the Contractor relating to such
                Contract Material.

21.             Occupational Health & Safety

21.1            The Contractor must comply with all Occupational Health and Safety standards in the
                supply, installation and maintenance of goods or services as prescribed by law, and will
                assist the GBRMPA to meet its requirements under the Occupational Health and Safety
                (Commonwealth Employment) Act 1991 and Regulations with regard to the health, safety
                and welfare of its employees, any contractors, visitors or members of the public.

21.2            The Contractor must comply with any relevant policies, procedures and directions of the
                GBRMPA or the Commonwealth relating to safe work practices and procedures, including
                allowing the GBRMPA, its representatives or auditors to access the Contractor’s premises
                and materials used for performing the Project for workplace safety and health purposes.

21.3            The Contractor is responsible for providing a safe system of work when performing any
                aspect of the Project. If requested by the GBRMPA at any time, the Contractor must
                produce written evidence substantiating its safe system of work including risk assessments,
                manuals, procedures, work methods, training /competency and similar matters related to
                performing the Project.

21.4            Where a Contractor performs work related to the Project at a GBRMPA workplace, the
                Contractor must provide the GBRMPA’s Human Resources Manager or Occupational
                Health and Safety Officer, with a health and safety plan prior to commencing the Project.

21.5            Unless express written permission to do otherwise is received from the GBRMPA’s
                Human Resources Manager or Occupational Health and Safety Officer, the Contractor
                must maintain an on-site register of compliant Material Safety Data Sheets (“MSDSs”) for
                all chemical products and hazardous substances, as well as ensuring correct labelling that is
                in accordance with Commonwealth hazardous substances and dangerous goods
                regulations. Where chemical products and hazardous substances are to be used, the
                Contractor must first provide the GBRMPA’s Office Services Coordinator with copies of
                the MSDSs prior to use.

21.6            The provision of written documentation by the Contractor under this clause is an obligation
                for the purposes of subclause 22.5(b), and should the written documentation not be
                supplied within a reasonable time after the GBRMPA requests it, or is otherwise not
                adequate, the GBRMPA reserves its rights under that clause.

22.             Termination or Reduction of Agreement

22.1            The GBRMPA may at any time by notice, terminate this Agreement or reduce the scope of
                the Project immediately.

22.2            The Contractor agrees, on receipt of a notice of termination or reduction:
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                                                                                                   Page 10 of 15
                (a)      to stop or reduce work as specified in the notice;

                (b)      to take all available steps to minimise loss resulting from that termination or
                         reduction; and

                (c)      to continue work on any part of the Project not affected by the notice.

22.3            In the event of termination under subclause 22.1 the GBRMPA will be liable only:

                (a)      to pay any instalment relating to work undertaken in performance of the Project
                         completed before the effective date of termination;

                (b)      to reimburse any expenses the Contractor unavoidably incurs relating entirely to
                         work undertaken in performance of the Project not covered under subclause
                         22.3(a);

                (c)      to pay any allowance and meet any costs unavoidably incurred in accordance with
                         the Schedule before the effective date of termination; and

                (d)      to provide the equipment and support specified in the Schedule, if any, before the
                         effective date of termination.

22.4            In the event of a reduction in the scope of the Project under subclause 22.1, the terms of
                Clause 30 governing variation of the Agreement will apply.

22.5            Subject to subclause 22.1, this Agreement will terminate upon expiration of this Project
                and receipt of the final payment pursuant to Clause 4 unless terminated earlier on the
                happening of any of the following:

                (a)      if the Contractor is in breach or default in any way whatsoever of Clause 13 of
                         this Agreement the GBRMPA may at any time thereafter serve upon the
                         Contractor a notice terminating this Agreement;

                (b)      if either Party is in breach or default of any obligation under this Agreement and
                         the other Party gives notice in writing to remedy the breach and then that breach
                         or default is not remedied within 14 days after receipt of that notice and at any
                         time thereafter the Party giving that notice to remedy gives a further notice to the
                         other Party terminating this Agreement; or

                (c)      if the Contractor is in breach or default of a material obligation of this Agreement
                         which breach is not capable of remedy, then without limiting any other rights or
                         remedies that the GBRMPA may have against the contractor arising out of or in
                         connection with this Agreement the GBRMPA may terminate this Agreement
                         effective immediately by giving written notice to the Contractor.

22.6            The GBRMPA will not be liable to pay under the provisions of subclause 22.5 any sum,
                that in addition to any sums paid or due to or becoming due to the Contractor under this
                Agreement, would together exceed the amount specified in the Schedule.

22.7            The Contractor will not be entitled to compensation for loss of prospective profits.

23.             Bankruptcy

                If the Contractor becomes bankrupt or makes an arrangement or assignment for the benefit
                of its creditors or, being a corporation, goes into liquidation or has proceedings taken for
                its winding up then and in every such case, the GBRMPA shall be at liberty to terminate
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                                                                                                     Page 11 of 15
                this Agreement but such termination shall be without prejudice to any right or remedy that
                may have accrued to the GBRMPA on or prior to such termination.

24.             Guarantee

24.1            If the Contractor is a corporation then any or all of its Directors for the time being must
                personally guarantee the performance of the Contractor's obligations under this Agreement,
                if the GBRMPA so requires in writing.

24.2            If such a requirement is made, then a Deed of Guarantee will be prepared by the Solicitors
                for the GBRMPA, at the expense of the Contractor, and must be executed by the said
                Directors forthwith. Any failure by a Director of the Contractor to comply with the
                provisions of this condition within a reasonable time (not exceeding in any case fourteen
                days) will be deemed to be a repudiation by the Contractor of this Agreement.

25.             Breaches and Waivers

                Any failure by the GBRMPA to act upon a breach of any term or condition of this
                Agreement shall be deemed not to operate as a waiver or acceptance of such breach, unless
                the GBRMPA so states in writing. The waiver of any breach of any term or condition of
                this Agreement shall not operate as a complete or continuing waiver in respect of any other
                or subsequent or similar or further or continuing breach.

26.             Recovery of Costs

                If this Agreement is terminated in accordance with subclause 22.5, then any damages,
                losses and expenses sustained or incurred by the Party not in default through the breach or
                default of the other Party, or in consequence of the termination of this Agreement by the
                Party not in default will be recoverable from the other Party under this Agreement.

27.             Dispute Resolution

27.1            Any dispute arising out of or in connection with this Agreement (“Dispute”) must be
                resolved in accordance with this clause.

27.2            The party raising the Dispute (“the Initiating Party”) must record all issues relating to the
                Dispute and notify in writing any other party to this Agreement (“the Recipient Party”)
                giving details of the Dispute.

27.3            The date of notification of the Dispute is the date the Recipient Party to this Agreement
                receives notice of the existence of the Dispute in accordance with subclause 27.2.

27.4            Following notification the matter must be referred immediately to an Executive Director or
                the Chief Executive Officer of the GBRMPA and to a Contractor’s representative at
                management level who has appropriate authorisation to resolve the Dispute.

27.5            If the parties fail to resolve the Dispute within 14 days from the date of notification or such
                other period as may be agreed to in writing, the Dispute must be referred within a further
                14 days to mediation by a Queensland Law Society Approved Mediator agreed by the
                parties or failing agreement appointed by the President of the Society on the terms of a
                standard mediation agreement approved by the Queensland Law Society.

27.6            Any mediation is to be held in Townsville unless otherwise agreed by the parties.

27.7            If the Dispute fails to be resolved within 21 days of the date of commencement of the
                mediation then either party may then, but not earlier, commence arbitration if both parties
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                                                                                                     Page 12 of 15
                agree to arbitration or failing agreement to arbitrate the matter, either party may commence
                proceedings in any court of competent jurisdiction.

27.8            Any arbitration must be conducted by a single arbitrator agreed by the parties or failing
                agreement by an arbitrator appointed by the President of the Queensland Law Society. Any
                arbitrator so appointed shall not be the same person as any mediator appointed under this
                clause.

27.9            Any information or documents obtained as part of the dispute resolution process described
                in this clause must not be used for any purpose other than the settlement of the Dispute
                under this clause.

27.10           Each party will continue to perform their obligations under this Agreement
                notwithstanding the existence of a Dispute or any proceedings under this clause.

28.             Force Majeure

                Neither the Contractor nor the GBRMPA shall be liable in any circumstances whatsoever
                for any failure to perform any obligations to be performed by the Contractor or the
                GBRMPA hereunder where such failure is due to any cause beyond the reasonable control
                of the Contractor or the GBRMPA including for example (but without in any way limiting
                the generality of the foregoing), war, refusal of any necessary consent to licence,
                Government export controls, other Governmental acts, industrial dispute, lock-out,
                accident, fire, explosion, transport delays or act of a third party or loss or damage to any
                equipment, but the Contractor and the GBRMPA shall use their best efforts to comply with
                their respective obligations hereunder despite the intervention or occurrence of any such
                cause, to cure such cause and as soon as any such cause ceases to affect the performance of
                their respective obligations hereunder, shall use best efforts to resume compliance with
                such obligations.

29.             Entire Agreement

29.1            This agreement constitutes the entire Agreement between the parties in relation to its
                subject matter notwithstanding any other statements or understandings made either orally
                or in writing prior to the date of execution of the Agreement.

29.2            Any subsequent variation of this agreement (save and except as provided in Clause 22)
                must be in accordance with Clause 30.

30.             Variation of Agreement

30.1            The GBRMPA may notify the Contractor that it requires a variation of the Project and
                provide the Contractor with details of the variation.

30.2            Within 14 days after receipt of notification under subclause 30.1 the Contractor must notify
                the GBRMPA of its proposal for performing the variation and its estimate of the amount
                by which the payment in consideration for performing the Project will increase or decrease
                as a result of the variation.

30.3            If the GBRMPA notifies the Contractor within 14 days after receipt of a notice under
                subclause 30.2 that it accepts the matters set out in that notice, the payment in
                consideration for performing the Project will be varied in accordance with the notice.

30.4            If the GBRMPA does not accept the matters set out in the notice under subclause 30.2, the
                GBRMPA may notify the Contractor within 14 days after the receipt of that notice that:

Version: July 2007
                                                                                                   Page 13 of 15
                (a)       the GBRMPA does not require the variation; or

                (b)       the GBRMPA requires the variation.

30.5            If the GBRMPA gives notice under subclause 30.4(b) and provides the Contractor with
                reasons why it does not accept the matters set out in the notice under subclause 30.2, the
                GBRMPA’s notice will be deemed to be a notice of dispute under subclause 27.1 and those
                matters will be determined in accordance with that clause.

30.6            Despite Subclause 30.5 the increase or decrease in the amount of payment in consideration
                for performing the Project as a result of the variation must not exceed the increase or be
                less than the reduction specified in the notice under subclause 30.2.

30.7            No agreement or understanding varying or extending this Agreement, including in
                particular the scope of the Project to be provided as specified in the Schedule, will be
                legally binding upon either party (save and except as provided in Clause 22) unless in
                writing and signed by both parties.

30.8            To avoid doubt, nothing in this Clause 30 is intended to override the GBRMPA’s
                obligations under the Commonwealth Procurement Guidelines.

31.             Survival

                The following clauses survive the expiration or earlier termination of this Agreement:
                Clause 12 (Indemnity), Clause 13 (Insurance), Clause 17 (Security, Access and Non
                Disclosure), Clause 18 (Confidential Information), Clause 19 (Privacy), Clause 20
                (Contract Material), Clause 25 (Breaches and Waiver),Clause 26 (Recovery of Costs),
                Clause 27 (Dispute Resolution), Clause 33 (Queensland law) and Clause 34 (Notices).

32.             Severance

                If for any reason any provision of this Agreement or part thereof is rendered invalid the
                remainder of the Agreement continues to have full legal force and the rights and
                obligations of both parties under this Agreement continue unless the entire Agreement is
                rendered inoperative by the invalidity.

33.             Queensland Law

                This Agreement will be governed and construed by the law for the time being in force in
                the State of Queensland.

34.             Notices

                A notice, consent or other communication (including any notification under Clause 27)
                purported to be served under this Agreement will be deemed to have been properly served
                if the same is in writing and is sent to the usual business address of the recipient specified
                in the Schedule or such other addresses as may be notified in writing by certified mail,
                personal delivery for which a receipt is obtained, or facsimile for which acknowledgment
                of receipt has been obtained. Such notice, consent or other communication will be deemed
                to have been served or delivered as follows:

                (a)       in the case of certified mail — on the third working day next following the date of
                          posting;

                (b)       in the case of personal delivery — on the date of delivery; and

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                                                                                                    Page 14 of 15
                (c)     in the case of facsimile — on the working day next following the date of
                        transmission.

35.             Guidance on construction of this Agreement

35.1            Any reading down or severance of a particular provision does not affect the other
                provisions of this Agreement.

35.2            A provision of this Agreement shall not be construed to the disadvantage of a party solely
                on the basis that it proposed that provision.

35.3            Unless otherwise stated, if the consent or approval of the GBRMPA is required, the
                GBRMPA may give or refuse that consent or approval in its absolute discretion without
                any obligation to give reasons for its decision.




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                                                                                                    Page 15 of 15
ATTACHMENT G - EVALUATION CRITERIA RESPONSE SCHEDULES

Submissions will be evaluated according to the following selection criteria:

    1. Demonstrated capability in the provision of gantry crane steel structures
       repair and concrete repair works.

    2. Demonstrated knowledge and expertise in the area of treatments to
       prevent corrosion and deterioration in aggressive saltwater environment.

    3. Ability to provide repair and rectification solutions that will not
       compromise living aquarium systems or the adjacent environment.

    4. Comply with all QLD and Federal government regulations and codes of
       practice for OH&S

    5. Demonstrated responsiveness to clients needs

    6. Statement of process for dealing with unforeseen issues that may arise
       during the project

    7. Value for Money including:

            a. A clear statement of details of inclusions and exclusions

            b. Details of basis for price variations in response to changes in project
               tasks (due to unforeseen factors).

            c. Responsiveness to Clients requests

    8. Notification of time required to commence and complete services following
       the completion of the contract.

    9. Evidence of ability to meet workers compensation and public liability
       insurance (requirements under Clause 10 & 12 of standard contract)

            a. Amount of insurance

            b. Names of insurance company

            c. Insurance Policy numbers

            d. Period during which above policies are currently effective

            e. Occupational Health and Safety Plan for project




Tender Template Mar07                                                          Page 24
SCHEDULE 1 - PROPOSED SERVICE DELIVERY SOLUTION




Tender Template Mar07                             Page 25
SCHEDULE 2 - TECHNICAL AND MANAGEMENT CAPABILITY




Tender Template Mar07                              Page 26
SCHEDULE 3 - EXPERIENCE AND DEMONSTRATED EXPERTISE




Tender Template Mar07                                Page 27
SCHEDULE 4 - CLIENT FOCUS




Tender Template Mar07       Page 28

				
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