part a - invitation and rules - state procurement board request for... · web viewnotwithstanding...

Department of [name of Department]

Request for Quote (RFQ) for: [description of goods or services]

Reference number: [RFQ number]

Issue Date: [date the RFQ was issued]

Place for lodgement: [details of where to lodge Respondent’s quote]

Document Contents

Part A – Invitation and Rules

Part B – Requirement and Specification

Part C – Contract Terms and Conditions

Part D – Response Schedule

State Procurement Board Request for Quote Template Issue Date: May 2015Version 1.3 Review Date: May 2016

CONTENTS

PART A - INVITATION AND RULES................................................31. INVITATION..............................................................................32. BACKGROUND........................................................................33. SCOPE.....................................................................................34. CONTACT OFFICER................................................................35. FORMAT...................................................................................46. LODGEMENT...........................................................................47. DOCUMENT STRUCTURE......................................................48. PROBITY..................................................................................59. RESERVATION OF RIGHTS...................................................510. ACCEPTANCE.........................................................................611. EVALUATION CRITERIA.........................................................612. COST OF PREPARATION OF QUOTES.................................713. GOVERNMENT POLICIES......................................................714. CONSORTIUM QUOTES.........................................................715. CONFIDENTIALITY..................................................................816. STATE FEDERAL COOPERATION ON TRADE PRACTICES

MATTERS................................................................................817. COMPLAINTS..........................................................................9PART B – REQUIREMENT AND SPECIFICATION.........................9PART C – CONTRACT TERMS AND CONDITIONS.......................9PART D – RESPONSE SCHEDULE..............................................10

ANNEXURE A.................................................................................17

ANNEXURE B.................................................................................18


PART A - INVITATION AND RULES

1. INVITATION

The insert Government party (“Principal”) invites quotes for provision of insert subject matter (“the Requirement”) on the terms of this document. This is an invitation to treat and not an offer.

2. BACKGROUND

Insert a statement about the Principal, background information, a description of the Requirement and any other relevant information

3. SCOPE

The following information is provided to assist respondents:

insert information

4. CONTACT OFFICER

The only person authorised by the Principal to communicate with respondents is the Contact Person. Therefore, respondents cannot rely on communications with any other person. Any communication with the Contact Person should be in writing and addressed to the Contact Person.

The Contact Person is

Name:

Title:

Address:

Telephone:

Email:

If there are parts of the document or the Requirement that respondents do not understand, respondents should contact the nominated Contact Officer no later than [insert date].

Respondents must nominate a contact person at the time of submitting the quote.

Respondents are invited to have a representative attend a pre-quote meeting to be held at insert location on insert date and time.

ORA condition of submitting a quote is attendance of insert details briefings, site visits to be held at insert location on insert date and time.


5. FORMAT

Respondents are requested to prepare the quote in the following format:

state any requirements as to form eg, submit a certain number of copies of the quote, on A4 size paper, stapled together, on disk (give details of the compatibility and format);

insert any other format requirements.

6. LODGEMENT

Instruction – for the quote lodgement requirements select the relevant clause(s) (DELETE THIS TEXT)

The quote should be prominently endorsed with the nominated reference number, enclosed in a sealed envelope prominently marked “Quote for insert description of Requirement and posted or delivered to the submission delivery address by the nominated closing date and time.

The quote must:

be submitted electronically at [insert address],

Or be sent in a sealed envelope or package by Registered Post, or delivered by hand to:

insert address details

All electronic copies must be virus checked before electronic lodgement.

7. DOCUMENT STRUCTURE

Instruction – select the relevant response documents to enable an appropriate evaluation of the quote and delete the headings not required (DELETE THIS TEXT)

This Request for Quote consists of the following:

Part A Invitation to Quote and Rules for Quoting

Part B Requirements and Specifications

Part C Contract Terms and Conditions

Instruction – select one of the standard contracts (DELETE THIS TEXT).

Part D Response Schedules

list any other schedules


8. PROBITY

The Principal expects that respondents will

● declare any actual or potential conflict of interest;● not seek to employ or engage the services of any person who has a duty

to the Principal as an adviser, consultant or employee (or former adviser, consultant or employee) in relation to this process;

● not collude with any potential respondent;● comply with all laws in force in South Australia applicable to the process

including the Competition and Consumer Act 2010 (Cth);● disclose whether acting as agent, nominee or jointly with another person

and disclose the identity of the other person;● not offer any incentive to, or otherwise attempt to influence, any employee

of the Principal or any member of any evaluation committee at any time; ● conduct itself in a manner that does not invite, directly or indirectly, the

Principal’s officers, employees or agents or any public sector employee (as defined in the Public Sector Act 2009) to behave unethically, to prefer private interests over the Principal’s interests or to otherwise contravene the Code of Ethics for the South Australian Public Sector; and

● not make any news releases or responses to media enquiries and questions pertaining to this process without the Principal’s written approval.

If a respondent acts contrary to these expectations, the Principal reserves the right (regardless of any subsequent dealings) to: terminate negotiations; terminate consideration of that respondent’s quote; and terminate any contract between that respondent and the Principal in

relation to the Requirement without any obligation on the Principal to make any payment to that respondent.

9. RESERVATION OF RIGHTS

The Principal reserves the right to:

● invite any person or entity to submit a quote;● extend the quote closing date;● vary the Statement of Requirement and/or the Specifications at any time,

subject to the Principal first giving each respondent the opportunity to respond to the variations;

● allow a respondent to correct any mistakes in its quote provided that this does not give rise to any unfairness to any other respondent;

● allow a respondent to change its quote before the completion of evaluation of quotes, but only if the same opportunity is given to all respondents;

● consider a quote submitted other than in accordance with this document;● consider an incomplete quote; ● exclude from consideration a quote that has not been submitted by the

Closing Time;● abandon this invitation process at any time;


● clarify any aspect of a quote after the closing date;● seek the advice of external consultants to assist the Principal in the

evaluation or review of quotes;● make enquiries of any person or entity to obtain information about the

respondent and its quote;● seek information from any respondent; ● following evaluation of quotes, invite revised quotes from one or more

respondents;● following evaluation of quotes, negotiate with one or more respondents;● negotiate with a respondent for the provision of any part of the

Requirement, and to negotiate with any other respondent with respect to the same or other parts of the Requirement, and to enter into one or more contracts for all or any part of the Requirements;

● enter into negotiations with any other person or entity who is not a respondent;

● discontinue negotiations at any time with any respondent; and● propose revised or replacement contract terms at any stage in this quote

process in substitution for, or in addition to, the terms and conditions included.

10. ACCEPTANCE

The Principal is not obliged to accept any quote.

If the Principal does accept a quote it is not obliged to accept the lowest price quote.

The Principal may consider or accept (at the Principal’s sole discretion) any quote including without limitation a late quote or the quote of a respondent who has failed to submit a quote in accordance with these rules.

No acceptance of a quote nor any invitation to negotiate or to make an offer will be effective to constitute a contract or to create any legitimate expectation on the part of the respondent unless a formal written contract is executed by both parties.

Notification to a respondent that it is the preferred respondent will not constitute an acceptance of the quote but an invitation to negotiate.

11. EVALUATION CRITERIA

The Principal reserves the right to consider other quotes for the Requirement.

This quote will be evaluated for full compliance with any mandatory requirements identified in the Statement of Requirement and/or Specifications:

The respondent is reminded that any requirements identified as mandatory are considered to be of fundamental importance to the delivery of the Requirement, and a fully compliant response is expected.

Respondents will be evaluated against the following general criteria:


Prior performance

Demonstrated relevant experience

Compliance with Statement of Requirement and/or Specification

Management approach, capability and capacity (including quality systems, risk management approach, methodology, customer service, innovation, proposed work plan, availability of resources)

Price/cost

Compliance with contract

Compliance with government policies (Industry Participation Policy, environmental, work health and safety etc)

Respondents may be required to provide supporting information to enable these criteria to be assessed.

12. COST OF PREPARATION OF QUOTES

Respondents are responsible for the cost of preparing and submitting a quote and all other costs arising out of the process.

13. GOVERNMENT POLICIES

South Australian Government policies on industry participation and other matters apply to all South Australian Government procurement and related transactions.

14. CONSORTIUM QUOTES

If a respondent submits a quote in conjunction with any other person, or with the intention of acting, in the future, in conjunction with any one or more other persons (“group members”) in relation to this process the following applies:

the Principal expects that a respondent will provide a description of the proposed legal structure and relationships that are proposed between the respondent and group members; and

the Principal expects that respondents will nominate one person as the preferred contact person for their company and all group members.

Notwithstanding any undertaking regarding confidentiality, by submitting a quote, the respondent agrees that the Principal may forward information relating to the respondent or its quote to the Australian Competition and Consumer Commission (ACCC) if the Principal reasonably suspects, or is notified by the ACCC that it reasonably suspects, that there is cartel conduct or unlawful collusion in relation to this quote process (whether or not the suspicion relates to the quote).


15. CONFIDENTIALITY

You and the Principal may disclose information to any consultant engaged for the purpose of this process if the consultant is required to preserve the confidentiality of that information.

Information supplied by or on behalf of the Principal is confidential to the Principal and you are obliged to maintain its confidentiality.

The Principal understands the need to keep commercial matters confidential in appropriate circumstances, but reserves the right to disclose some or all of the contents of your Quote and related information:

if required to do so by a constitutional convention; or in order that the relevant Minister may discharge their duties and

obligations to Parliament and the South Australian Government; or to the Australian Competition and Consumer Commission (ACCC) if the

Principal reasonably suspects, or is notified by the ACCC that it reasonably suspects, that there is cartel conduct or unlawful collusion in relation to this RFQ process (whether or not the suspicion relates to your quote),

and any condition in a quote that purports to prohibit or restrict the Government’s right to make such disclosures cannot be accepted.

16. STATE FEDERAL COOPERATION ON TRADE PRACTICES MATTERS

You must submit with your quote a signed declaration, in the form set out in Annexure A, that:

(a) confirms that your quote is independent and that there has not been any unlawful collusion with any other respondent or party in connection with this RFQ process; and

(b) clearly indicates the total value of the goods and/or services to be provided by sub-contractors, and where that value exceeds either of $1,000,000 (GST inc) or 25% of the total value of your quote, your declaration must include a complete list of all sub-contractors, the value, and the nature of the work to be provided under each sub-contract.

If your quote is submitted jointly with another party or parties then each joint respondent must provide a signed declaration in the form set out in Annexure A.

The requirement of independence in sub-clause (a) shall not apply as between the joint responding parties.

If you do not provide the duly completed declaration or if any part of your declaration is found to be false the Principal reserves the right (regardless of any subsequent dealings) to:

terminate negotiations; terminate consideration of your quote; and


terminate any contract between you and the Principal in relation to the Requirement without any obligation on the Principal to make any payment to you.

17. COMPLAINTS

If at any time during the quote process, a respondent considers that it has been unfairly treated, the respondent must first notify the Principal’s Contact Officer in writing. If the matter is not resolved, the respondent may then contact the Principal’s nominated procurement complaints officer below, and request in writing for the issue to be dealt with in accordance with the Principal’s complaint management process.

Instruction – this nominated person for handling supplier complaints should be an appropriate, independent officer who is not directly involved in the subject matter of the complaint (DELETE THIS TEXT)

Name: insert name

Title: insert title

Address: insert address

Email: insert email address

Phone: insert phone number

PART B – REQUIREMENT AND SPECIFICATION

Instruction - Provide details of requirements

PART C – CONTRACT TERMS AND CONDITIONS

Instruction – select one of the standard contracts (DELETE THIS TEXT).


PART D – RESPONSE SCHEDULE

Instruction – review the response schedule and adjust to ensure that appropriate information (related to evaluation criteria) is requested to ensure effective evaluation. (DELETE THIS TEXT).

1. ORGANISATIONAL DETAILS

Subject Details

Respondent’s Business Trading Name

Respondent’s Registered Name

A.B.N

A.C.N

Type of EntityCompany, Trust, Partnership, Individual, Other

Registered business head office name and location

Place of Business

Postal Address

Contact person

Contact details for contact person

Phone

Fax

Mobile

EmailList names for people currently in positions of authority and management

Directors:

Company Secretary:

Principal Executive Officers:


2. FINANCIAL VIABILITY

The Principal reserves the right to request additional financial information as required to gain further comfort regarding the financial capacity of entities assessed.Respondents are required to demonstrate they have the financial capacity to provide, over the term of the contract, all the requirements specified.

Subject Details

During the evaluation, a respondent may be required to submit a copy of its annual audited documents (including, but not limited to: annual reports and balance sheets; profit and loss statements; and cash flow statements for the last three financial years).

Please indicate whether or not you will provide such reports (if required) by circling/deleting yes or no below.

YES/NO

If you provide a ‘no’ response, you must provide a statement detailing your reasons.

3. CONFLICT OF INTEREST

Respondents are required to provide details of any interest, relationship or clients that may or do give rise to a conflict of interest and the issue about which that conflict or potential conflict does or may arise.

Subject Details

Are there any actual or perceived conflicts of interest in providing this requirement? Please detail.

YES/NO

4. PRIOR PERFORMANCE

Subject Details

Detail previous work including public sector work which you have completed similar to the requirements in the specification.


5. DEMONSTRATED EXPERIENCE IN PROVIDING THIS REQUIREMENT

Subject Details

Detail knowledge and experience you have in providing similar requirements.

REFERENCES

Please provide up to three referees that may be contacted with regards to the goods/services offered in your response.

Subject Details

Referee 1:Client name

Client contact person name

Client contact person title

Client contact person telephone

Client contact person e-mail












6. LEVEL OF COMPLIANCE WITH GOVERNMENT POLICIES

Industry Participation Policy

The South Australian Industry Participation Policy (IPP) applies to all “responsible government agencies” (declared ‘public authorities’ and ‘prescribed public authorities’ under the State Procurement Act 2004) when spending more than $22,000.000 on the following:

Government of South Australia procurement of goods and services including infrastructure and construction.

Public Private Partnership projects.

Federally-funded infrastructure and construction projects managed by the Government of South Australia.

If the Industry Participation Policy applies to this Request for Quote, attach the relevant Employment Contribution Test Template or IPP Plan template in Annexure B.

Refer to the Industry Participation Policy for guidance in applying the policy (http://www.dpc.sa.gov.au/south-australian-industry-participation-policy).

Instruction: Complete or remove the following statement:

Respondents must submit a completed Employment Contribution Test/IPP Plan template, in accordance with the Industry Participation Policy, in the form set out in Annexure B.

7. CAPABILITY, CAPACITY AND MANAGEMENT APPROACH

7.1 Capability and Capacity

Subject Details

Provide details of key staff members that will provide the day-to-day requirements offered in your response.

Subject Details

Provide details of what facilities and other resources your organisation will utilise to provide the requirements.

Proposed Sub-contractors

Subject Details

Provide details on any subcontractors you propose to


utilise.

7.2 Quality Systems

Subject Details

Is your organisation approved to a recognised Quality Assurance System?

If you are not accredited, provide details of how you intend to assure that the deliverables meet the requirements and the industry standards for quality?

7.3 Methodology

Subject Details

Provide details of your proposed methodology to deliver the requirements offered in your response.

7.4 Customer excellence

Subject Details

What performance measures will you utilise to manage the provision of the requirement?

7.5 Proposed work plan

Subject Details

Provide an implementation plan, including identification of key dates and milestones of what is to be done in sequence for the provision of the requirement.

8. LEVEL OF COMPLIANCE WITH SPECIFICATION

In completing the table, respondents must provide details of their compliance to each clause or paragraph of the specification in accordance with the following definitions:


Compliance Category

Compliance Indicator

Definition

Complies C a) In the case of a clause that is of an informative nature only, the clause has been read and understood.

b) In the case of a clause that specifies a characteristic or performance standard to be met by the goods or services to be provided, the offer is to provide the specified characteristic or performance standard.

Where appropriate, the respondent should state or describe how the requirement is to be met.

Partially Complies

P In the case of a clause that specifies a characteristic or performance standard, the requirement can only be met subject to certain conditions.Where this is the case and the respondent is prepared to make good on the condition, characteristic or performance standard, the respondent shall state or describe the manner in which the non-compliance is to be made good.

Does Not Comply

N The characteristic or performance standard of a clause is not met by the offer. Full details of the non-compliance must be stated.

Specification Clause Number

Compliance Indicator Comments

12345678910etcetc

9. LEVEL OF AGREEMENT WITH DRAFT CONTRACT

Subject Details

Does your organisation agree with the draft Contract?

(Yes / No)

If no, provide details.


10. LEVEL OF COMPLIANCE WITH GOVERNMENT POLICIES

Environmental and Greening RequirementsSubject Details

Please provide details of any environmental benefits that will result from your response.

Work Health and SafetySubject Details

Provide details of your ‘Work Health and Safety’ record over the previous three years. This should include the number of accidents, number of lost time accidents, etc.

11. VALUE FOR MONEY

Subject Details

Provide details of any value-added services or features that would enhance your response.

12. OTHER

Subject Details

Detail any other matters that have not been previously requested that clarify and support your ability to provide the requirements.

13. PRICES AND BILLING

Please provide price list

Instruction – it is recommended that an appropriately detailed price list is developed and included to enable a comparison of quotations received. (DELETE THIS TEXT).


ANNEXURE A

Declaration in Relation to Unlawful Collusion

Re: ……………………………………………………………………………………(“the Quote”)

[insert name of quote]

I , ……………………….of …………………………………………………………….[insert name and address of declarant]

do hereby declare as follows:

1. I hold the position of ……………within ……….……………..Pty Ltd (“the Respondent ”) and I am authorised to provide this declaration on its behalf.

2. I confirm that the Quote submitted by the Respondent is independent and that there has not been any unlawful collusion with any other respondent or party in connection with this RFQ process. This clause does not apply to any formal joint venture contractual arrangement entered into between the Respondent and any other person(s), the details of which have been provided to the Principal as part of the Quote submitted by the Respondent.

3. I confirm that the total value of the goods and/or services to be provided by sub-contractors, to the extent known at the time of making this declaration, is $................... .

4. [where that value exceeds either of $1,000,000 (GST inc) or 25% of the total value of the quote] Attached hereto is a complete list of all sub-contractors, the value, and the nature of the work to be provided under each sub-contract, to the extent known at the time of making this declaration.

5. I understand that if any part of this declaration is found to be false, the Principal reserves the right (regardless of any subsequent dealings) to: terminate negotiations with the Respondent; terminate consideration of the Respondent’s Quote; and terminate any contract between the Respondent and the Principal in relation to

the Requirement without any obligation on the Principal to make any payment to the Respondent.

………………………………………. ……../……../ 20 …

Signature Date

Note: If your quote is submitted jointly with another party or parties then each joint respondent must provide a signed declaration in the form set out in Annexure A.


ANNEXURE B

Instruction – If the Industry Participation Policy does not apply, remove this Annexure.

If the Industry Participation Policy applies, using the table below as a guide, insert the relevant Employment Contribution Test (or IPP Plan) template:

Please note that an agency may request an IPP Plan as part of the tender response outside of the thresholds above based on a determination of the potential economic and social benefit for South Australia, or to a specific region, resulting from the procurement. This determination is in no way an indication of price.

Request for Quotation specifics IPP Template

Responses are sought to participate in a Panel Contract (of any value)

Declaration of Intent

Responses are sought for metropolitan contractsequal to or greater than $22,000 but less than $4 million

Metropolitan Employment Contribution Test

Responses are sought for regional contractsequal to or greater than $22,000 but less than $1 million

Regional Employment Contribution Test

Responses are sought for metropolitan contractsequal to or greater than $4 million but less than $10 million

OR

Responses are sought for regional contractsequal to or greater than $1 million but less than $10 million

Standard IPP Plan

Responses are sought for all contractsequal to or greater than $10 million but less than $50 million

Standard IPP Plan

All contractsequal to or greater than $50 million

OR

Strategic project contracts

Tailored Industry Participation Plan

All templates can be accessed through the Office of the Industry Advocate: http://www.dpc.sa.gov.au/south-australian-industry-participation-policy


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