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REGISTRATION OF INTEREST

ICT StrategyRoyal Botanic Gardens Melbourne

CLOSING TIME 5pm 17 December 2014

3 Dec 2014

Royal Botanic Gardens MelbourneICT Strategy

1. SUMMARY INFORMATIONRegistration of Interest (ROI) for: ICT Strategy

RBG Reference: 2014/ CT14/011

Issued date: 3 December 2014

Place for lodgement: [email protected]

Closing time and date: 5:00pm on Wednesday 17 December 2014

Enquiries contact:

Email:

Sabine Glissmann-Gough (Project Manager)

[email protected]

Website: www.rbg.vic.gov.au

Telephone: 03 9252 2367

The Registrant’s response (Part D) document is to be completed in the format provided with attachments where appropriate.

2. TABLE OF CONTENTSPart A Conditions of Registration

Part B Statement of Work and current ICT Overview

Part C Conditions of Contract

Part D Registrant’s Response

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3. PROJECT OVERVIEW

The Royal Botanic Gardens (RBG) Board’s (the Board) Corporate Plan 2014–2019 sets out the Board’s strategic vision for the RBG over a five year period and expands on its new Vision and Mission. To ensure that all long-term strategies can be achieved with the technologies and systems in place, the Board is looking to review its existing IT infrastructure, operating systems and enterprise databases to ensure that an efficient foundation is set for the future.

4. PROCESSIt is anticipated that suitable submissions for this tender will be shortlisted and asked to submit a quote.

It is anticipated that the following steps will occur in the proposed timeframe:

Activity

Registration of Interest submission due Friday 19 December 2014

RoI shortlist finalised * Friday 23 January 2014

Submissions and quotes due Friday 6 February 2014

Contract awarded Friday 20 February 2014

Works complete Tuesday 31 March 2014

Presentation to Directors Early April

*NOTE: Please note that suitable contactors will be invited for an interview from mid-January.

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PART ACONDITIONS OF REGISTRATION

1. INTRODUCTION

This approach to selecting potential contractors to undertake the works packages comprises:

STAGE 1 This publicly advertised ROI to obtain registrations of interest from contractors who can provide the Board’s requirements, and the evaluation and selection of a shortlist; and

STAGE 2 An invitation for an interview following a formal selective request for quotes (RFQ) from an expected three shortlisted tenderers.

Details relating to objectives, methods of registration, contractual aspects, briefing and subsequent responses are described in the sections which follow.

Registrants should be aware that this ROI is the first step in a two stage process and that RFQ will only be requested from a shortlist drawn from the tenderers who respond to the invitation to register interest.

2. INTERPRETATION

In these Conditions of Registration, unless a contrary intention is apparent -

“Agent” means a Person who acts on behalf of the Contractor and for whose acts the Contractor is, or will be liable;

“Board” means the Royal Botanic Gardens Board and any reference to the Board shall be read and construed as a reference to the Crown in right of the State of Victoria;

“Board’s Requirements” means the Works specified in the Statement of Work;

“Conditions of Contract” means the Conditions of Contract designated in this ROI;

“Conditions of Registration” means the conditions of registration designated in this Registration of Interest;

“Contractor” means the Person submitting a ROI, or with whom the Board enters into a contract to supply the Board’s Requirements;

“GST” means any tax imposed under any GST law and includes GST within the meaning of the GST Act;

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) as amended;

“GST Law” means the GST law as defined in the GST Act and includes any Act of the Parliament of Australia that imposes or deals with GST;

“Person” means a natural person, or a corporation, partnership, joint venture, incorporated association, government, local government authority or agency;

“Registrant” means a Person who registers an interest in supplying the Board’s Requirements by way of Registration;

“Registration” means a response to and in accordance with this document registering an interest in the provision of the Board’s Requirements;

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“Registration of Interest” or “ROI” means the document inviting Tenderers to offer to meet the Board’s requirements by submitting a Registration in accordance with the manner prescribed in the document;

“Request for Quote” or “RFQ” means the document inviting Tenderers to meet the Board’s Requirements by submitting a quote in accordance with and in the manner set out in that document;

“State” means the Crown in right of the State of Victoria;

“Statement of Departures” means the Statement of Departures referred to in Condition 9 of these Conditions of Registration;

“Statement of Work” means the Statement of Work designated in this Registration of Interest;

“Subcontractor” means a Person who provides goods or services to the Tenderer;

“Works” means all works contemplated by this ROI, and works specified in the Statement of Work and all works contemplated by the Conditions of Contract.

The Board is part of and represents the State and any rights and obligations of the Board under the provisions of this ROI shall also be read and construed as rights and obligations of the State.

RULES GOVERNING THE CONTENT AND SUBMISSIONOF REGISTRATION OF INTEREST (ROI)

3. ROI AND REPRESENTATIONS

The ROI is, and shall remain the property of the Board. It may only be used for the purpose of preparing a Registration in response.

No person receiving the ROI shall disclose to any person its content in whole or in part, or copy its content in whole or in part, or allow it to be disclosed or copied.

The Board retains the right to change any details in the ROI.

The Board does not warrant the accuracy of the content of the ROI and the Board shall not be liable for any omission from the ROI.

No representation made by or on behalf of the Board or the State in relation to the ROI (or their subject matter) shall be binding on the Board or the State unless that representation is in writing and is incorporated into the contracts to be formed on the basis of the ROI and any successful tender.

4. ROI DOCUMENTS

The Registration shall contain the documents, information and details required by the ROI.

The Registrant shall submit this Registration with the schedules and response forms completely filled in, together with any other documents necessary to make the Registration complete.

Unnecessarily elaborate responses or other presentations beyond what is sufficient to

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present a complete and effective proposal are not desired or required. Elaborate artwork and bindings, expensive visual and other presentation aids are not necessary.

Word limits where specified should be observed and the Board reserves the right to exclude the excess.

5. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

All Registrations and any accompanying documents become the property of the Board.

Subject to Clause 6 and to the Conditions of Contract, all documents provided by the Registrant will be held in confidence so far as the law permits.

6. DISCLOSURE OF REGISTRATION AND RFQ INFORMATION

Notwithstanding any copyright or other intellectual property right that may subsist in the RFQ documents, the Registrant, by submitting the ROI, licenses the Board to reproduce the whole or any portion of the Registration or subsequent Tender documents for the purposes of RFQ evaluation.

In submitting its ROI, the Registrant accepts that the Board may publish (on the internet or otherwise) -

the name of the successful or recommended RFQ submitter; the value of the successful RFQ; and the Tenderer’s name together with the provisions of the contract generally.

7. METHOD OF LODGEMENT

A Registration shall be lodged in accordance with the instructions on the front of this ROI and:(a) lodged electronically (e-mailed) so that it is received by

[email protected] not later than the Closing Time.

Where a Registration is sent electronically before the Closing Time but, due to a system failure or delay after the message leaves the Registrant’s system, the Registration is lodged late, the Board may consider accepting the Registration where it is adequately established to the Board’s satisfaction that there was a system failure or delay after the message was sent which caused and accounted for the late lodging of the Registration.

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8. LATE REGISTRATIONS

Late Registrations may not be considered.

Registrations received after the Closing Time will be recorded as such, with the time and date of receipt, on the envelope.

If there is explicit and conclusive evidence that late receipt resulted from mishandling by the Board, a Registration will be deemed to be received before the Closing Time.

FORMAT AND CONTENT OF REGISTRATION OF INTEREST

9. STATEMENT OF DEPARTURES

The Registrant shall indicate in the Schedule provided in Part D if there are not departures from the Part B – Statement of Work and the Part C - Conditions of Contract (i.e. full compliance).

Alternatively, submit a tabulated statement showing in order of the relevant requirements, any departures from the Part B - Statement of Work and the Part C - Conditions of Contract.

Notwithstanding any statement or any other form of information, it will be assumed by the Board that the Registration complies in all respects to the ROI document except where expressly shown in accordance with Part D or in some other form of documentation which is clearly referred to and marked “Statement of Departures”.

10. ALTERNATIVE REGISTRATION OF INTEREST

In addition to a conforming Registration, the Registrant may submit an alternative proposal provided that it is clearly identified as an "Alternative Registration" wherever it fails to comply with the specified requirements.

Where a Registrant submits an offer which meets the specific outputs or functional and performance requirements in an alternative and practical manner taking into account the totality of the requirement, it shall include any supplementary material, together with associated prices, which demonstrates in detail that such an alternative will fully achieve and/or exceed all the specified outputs or functional and performance requirements together with references as to why the additional features may be advantageous.

Registrants are encouraged to propose options or solutions which in a novel or innovative way contribute to the Board’s ability to carry out its business in a more cost-effective manner. These may be related to the outputs or functional, performance and technical aspects of the acquisition or opportunities for more advantageous commercial arrangements. These options will be considered commercial in confidence.

The Board reserves the right to consider such offers purely on their merits and sometimes may not consider them further.

11. INCOMPLETE REGISTRATION OF INTERESTS

If the Registration does not include all the information in the format required by the ROI or is incomplete in any way, it may be rejected.

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12. PREPARATION OF A REGISTRATION OF INTEREST

Neither the State nor the Board will be responsible for, nor will they pay for, any expense or loss which may be incurred by Persons registering interest or in any way arising from the preparation of their Registration. Registrants shall fully inform themselves in relation to all matters arising from the ROI including the Board’s requirements.

EVALUATION AND ACCEPTANCE PROCEDURES

13. VALIDITY

A Registration shall be valid for 360 days from the closing date of the ROI and may be extended by mutual agreement.

14. CONFIDENTIALITY

Registrants must keep confidential any information received from or about the Board or the State as a result of or in connection with its response to a ROI.

15. EVALUATION OF REGISTRATIONS OF INTEREST

Registrations will be assessed against the criteria detailed in Annex A to the Conditions of Registering or the Statement of Work.

16. RESERVATION

The Board does not bind itself to accept any Registration or to include any Registrant in any subsequent RFQ or RFT.

17. RIGHT TO NEGOTIATE

The Board reserves the right to negotiate with several Registrants after the close of ROIs in order to finalise the terms of a subsequent RFQ.

During the ROI evaluation period, the Board may negotiate with the Registrant to vary the Registrant’s proposal either on the grounds of technical capability, its cost and effectiveness, or matters relating to the combination of the Registration with another part of the Registration.

The Board reserves the right to accept a portion or the whole of any Registration unless the Registrant states specifically to the contrary.

18. UNAUTHORISED COMMUNICATION

Registrants are required to direct all communications through the contact person named in the ROI documents, unless advised otherwise by the contact person. Unauthorised communication with other staff may lead to disqualification of the Registration.

19. IMPARTIALITY OF STATEMENT OF WORK

Registrants who believe the statement of work associated with this ROI to be discriminatory, restrictive or biased in favour of a specific product or service should inform the Director, Procurement Branch, Department of Treasury and Finance in writing or by facsimile (03) 9651 2161 as early as possible but in any event BEFORE the closing date of the ROI.

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20. PROBITY FOR RFT PROCEDURES

Should any Registrant consider that the Registration of Interest process under this document has failed to accord it a fair right to be considered a successful bidder or that it has been prejudiced by any breach of these Conditions of Registration or other relevant principle affecting the Registrations or their evaluation, the Registrant MUST provide IMMEDIATE NOTICE of the alleged failure or breach in order that the matter may be considered and remedied where possible. Any delay in notification may prejudice other Registrants and tardy notification or notification after the announcement of the successful Quote must preclude a Registrant from relying upon or taking action based upon such failure or breach. Notification under this clause must set out the issues in dispute, any relevant background information and the outcome desired by the notifying party.

If the dispute cannot be resolved within 10 working days of receipt of the notice the matter may, if the parties agree, be referred for Expert determination in the same manner as provided for in the Victorian Government Purchasing Board (VGPB) standard conditions of contract, otherwise the dispute will be resolved in accordance with law.

The VGPB has probity guidelines for Victorian Government RFQ/ Tendering and this is available on the VGPB website. The probity guidelines do NOT form part of these Conditions of Registration.

EXECUTION OF FORMAL AGREEMENT

21. FORMATION OF CONTRACT

The Board will not be under legal obligation of any kind to any Registrant unless and until a contract has been signed by the Board and signed or acknowledged by the Registrant.

The contract for the supply of the Board’s requirements will be based on the agreed Conditions of Contract and will come into existence following a RFQ, and by the execution of a formal agreement.

RELEVANT VICTORIAN GOVERNMENT PROCUREMENT POLICIES

The following policies form part of the Conditions of the Registration:

22. GOVERNMENT PROCUREMENT POLICIES

The Victorian government has a number of purchasing policies. These can be viewed by connecting to http://ww w .vgpb.vic.gov . au/ . These policies form part of these Conditions of Registration.

GOODS AND SERVICES TAX (GST)

23. GST

The Registrant must provide its Australian Business Number (ABN). If no ABN is held by the Registrant the reason for not having an ABN must be stated. Should Registrants choose not to register or disclose details of their ABN, PAYG Withholding

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http://www.vgpb.vic.gov.au/


Tax may apply and the Board is required by law to deduct the relevant amount from any payment under the Contract and to remit the relevant amount to the Australian Taxation Office.

The Registrant must quote all prices inclusive of GST. The draft contract (Part C) allows for a reduction in the price flowing from the embedded tax savings flowing from the introduction of GST. The basis for the calculation of the price must be provided showing the savings derived from GST Law.

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PART A - ANNEX APROPOSED EVALUATION CRITERIA

EVALUATION CRITERIA Weighting (%)OR

Hurdle RequirementCapacity

1.1 Past Performance & current work - Relevance

1.2 Past Performance & current work – Customer service 100

1.3 Resources

Management

1.4 Quality assurance

1.5 OHS Hurdle

1.6 Industrial Relations Management

COMMERCIAL

2.1 Financial viability

2.2 Risk and Insurance Hurdle

2.3 Compliance to Conditions of Contract

OTHER

3.1. n/a

TOTAL 100

A weighted matrix analysis may be used to assist the final evaluation of the tenders.

Registrations will be assessed against the proposed criteria, and assigned a score reflecting how well a Registration satisfies each item. The weighted scores for each criterion are calculated and totalled to assist in the shortlisting process.

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PART B

STATEMENT OF WORKS

The Royal Botanic Gardens (RBG) Board’s (the Board) Corporate Plan 2014–2019 sets out the Board’s strategic vision for the RBG over a five year period and expands on its new Vision and Mission. To ensure that all long-term strategies can be achieved with the technologies and systems in place, the Board is looking to review its existing IT infrastructure, operating systems and enterprise databases to ensure that an efficient foundation is set for the future.

The catalysts for this strategic outlook include:

The potential inability of current systems to cope with the RBG’s growth aspirations as outlined in the new Corporate Plan

Additional legislative compliance requirements, particularly for recordkeeping and privacy

Opportunities and limitations in using cloud services

Trends in technology that will impact the way RBG operates, such as mobile technologies and applications, social media and collaboration platforms

Information Quality Management (data integrity, Business Intelligence)

The need for a Data Governance Plan that outlines the short-term and long-term business objectives (Availability, Usability, Integrity and Security of data and who should and should not have access to the data)

The need to implement a digital archival system and/or a n electronic document and records management system (EDRMS)

The ever-increasing need to deal with the general information tsunami

Required adherence to AS/NZS ISO/IEC 27001:2006 (Information security management systems requirements), and

Required adherence to AS/NZS ISO/IEC 17799:2006 (Code of practice for information security management).

At an organisational constraints level, the consultant will need to understand the:

Software applications skills gap (scientists have specialist software/hardware needs and high technical ability compared with many staff who are challenged by adapting to new desktop operating systems, efficient use of email systems and standard business software applications), and

Breadth of system knowledge and technical expertise required to support a diverse workforce on multiple platforms and specialist software applications.

The consultant will need to understand the effectiveness and capacity of the following aspects of the RBG’s systems:

the range of applications in the RBG’s Standard Operating Environment

the usage, security aspects and efficiency of the email system

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the storage systems, including the appropriateness of backup processes and procedures, and

existing network design and architecture.

The RBG expects the consultant to engage in the following tasks:

Define the requirements and make recommendations for the future IT architecture and software environment, along with projections for financial commitments and modular implementation timeframes

Identify any foreseeable ICT risks that could affect the continuity of the business, in order to provide the foundation for defining strategies and action plans to mitigate those risks

Provide insight and recommendations for using cloud services, and

Provide a clearly defined and expressed proposed solution, including recommendations as to implementation steps. Cost control measures must be discussed.

Expected Output:

Clear project methodology proposal, which focusses on:

Understanding and assessment of current IT processes and systems

Requirements for the future (aligned to Corporate Plan 2014-2019)

Recommendations for the future

Formulating a modular 5 year implementation plan with ballpark budget figures

High level recommendations on risk management

A report explaining findings and recommendations and a presentation to the Director and Chief Executive and Directors upon successful completion of the project.

The information below gives a rough overview of the current ICT systems.

Current ICT Overview

The Royal Botanic Gardens (RBG) is supported by a broad range of ICT infrastructure. This infrastructure provides the public-facing and internal websites, databases, document and image storage as well as enabling data sharing with other organisations.

The RBG Melbourne site hosts the main data and web servers, in addition to the main data link to the Internet (via Telstra). This link passes through a Sophos IPS firewall and proxy, and connects the RBG Cranbourne site through a private network. The Cranbourne site hosts its own file and email servers and supporting infrastructure.

Physical servers at both sites run VMware and host the servers required to support all RBG services. Business continuity is provided by VMware High Availability services at RBG Melbourne. Separate backup systems exist at each site, which combine disk and tape storage. Disaster recovery is handled by taking full copies of servers combined with nightly/weekly data backups to disk/tape, and storing them offsite.

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Identity Management and general file system services are provided by Novell OES Linux and eDirectory, with Novell GroupWise hosting email. An Enterprise Image Database (Cumulus) hosts the growing collection of images and provides access to selected images through the website. Storage is provided by an EMC SAN.

Financial services, Payroll, Maintenance Management and Point of Sale are provided by Pronto software running on Red Hat Linux, with an IBM Cognos software reporting/Business Intelligence module running on Windows Server.

Databases are hosted on both Microsoft SQL and Linux-based MySQL servers, the selection being dependent on project requirements. Web Content Management services are currently outsourced, with the server hosted internally on Linux.

There is a mix of Windows Server and Ubuntu Linux machines handling other services such as DNS/DHCP, software updates, and licensing for various products.

Users have external access to email through the web and smart phones via an email gateway. External access is provided by Novell FILR for general files and by VPN for access to the full network. There is currently a pilot secure Wi-Fi access point in one area, which is being expanded for laptop and tablet access.

The physical network is comprised of gigabit switches in buildings, linked by gigabit optical fibre to the main server room (located in the Herbarium building at RBG Melbourne).

Telephony services are provided by a Fujitsu PABX at each site, and conference calls are handled by Plantronics wireless telephone systems also at each site. There is no provision for IP telephony or video services at this point.

Cloud services are currently being investigated in the proposed context of use for hosting a website and databases.

Implementation Timetable

It is currently expected that the ICT Strategy work will commence in mid February and will be completed by end March 2015.

Management of works

The Royal Botanic Gardens Board will act as the Principal and Superintendent for the works and will manage the contract.

Quality Assurance

It is anticipated that the Quality Assurance requirements will be in accordance with normal industry practice for a project of this nature and that the successful contractor will adhere to those practices.

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Occupational Health and Safety

The successful contractor will be required to adhere to health and safety regulations.

Industrial Relations

It is anticipated that industrial relations will be managed in accordance with normal industry practice for a project of this nature.

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PART CCONDITIONS OF CONTRACT

It is currently anticipated that the Conditions of Contract applying to the RFQ will be based on General Conditions for the Provision of Services (single purchase, version 2.1).

The Contract will allow for:

GSTProvisions for the GST. These clauses are likely to be in the form available from the VGPB website.

PUBLISHING CONTRACT INFORMATION

The RFQ and contract will include provision for disclosure of contract information. These provisions are now in the standard form contracts on the VGPB website. The clause states that for one-off Contracts, the Contractor, under the conditions forming part of the RFQ has consented to the Board publishing (on the internet or otherwise) the name of the contractor and the contract value together with conditions of the contract generally. Subject to this right of publication the Board will treat as confidential all information provided to it in the ROI.

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Contractor to complete Part D

ROYAL BOTANIC GARDENS MELBOURNE

ICT Strategy

[NAME OF REGISTRANT]

PART DREGISTRANT’S RESPONSE

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PART D – REGISTRANT’S RESPONSESCHEDULE 1 - DECLARATION

I, ………………………………………, confirm that I am the duly authorised

agent/employee of…………………………………… I acknowledge that I have read

this ROI, understand all associated conditions and have fully acquainted myself with

all matters relating to the proposed contract.

Signed Dated

………………………………………… …………………………..

Name of organisation and address of registered office:

……………………………………………………………………………………………

Place of registration: Principal office in Victoria:

………………………………… …………………………………….………

Australian Company Number: Australian Business Number:

…………………………………… ………..……………………………………

Telephone: Facsimile:

…………………………………… ………………………….……….…………

Name of tenderer’s authorised agent Title of authorised agent

…………………………………… ……………………………………………

e-mail of tenderer’s authorised agent:

………………………………………………………….…………………………………

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PART D – REGISTRANT’S RESPONSESCHEDULE 2 - DEPARTURES FROM ROI AND CONTRACT

The registrant shall complete EITHER item (a) OR item (b)

Item (a)

There are no departures from the Part B - Statement of Work and Part C - Conditions of Contract (i.e. full compliance). (See Clause 9 in Part A - Conditions of Registration for Instructions).

(tick if appropriate)

Item (b)

Registrants shall provide a tabulated statement headed “Statement of Departures” showing clearly, and in order of relevant clauses, any departures from the Part B - Statement of Work and Part C - Conditions of Contract. (See Clause 9 in Part A - Conditions of Registration for Instructions).

Where an offer significantly exceeds the requirements in the Statement of Work, details of these benefits should be stated or described, as they may have some bearing on the evaluation of the offer. The details should be cross-referenced to the appropriate requirement in the Statement of Work.

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PART D – REGISTRANT’S RESPONSESCHEDULE 3 – CAPACITY TO CARRY OUT THE WORKS

Provide a brief executive summary providing an overview of the Registrant’s Response

Performance – Current and Previous ProjectsBriefly detail current or recently completed projects (minimum 3) related to the Statement of Work requirements and provide referees (minimum 3) that the Board may contact in relation to any aspect of the Registrant’s performance or capacity to carry out the works. Please provide photos as required.

1. Project

Location

Value Date

Client

Works Description

Client referee

Name Phone

Designer referee

Name Phone

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2. Project

Location

Value Date

Client

Works Description

Client referee

Name Phone

Designer referee

Name Phone

3. Project

Location

Value Date

Client

Works Description

Client referee

Name Phone

Designer referee

Name Phone

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4. Project

Location

Value Date

Client

Works Description

Client referee

Name Phone

Designer referee

Name Phone

5. Project

Location

Value Date

Client

Works Description

Client referee

Name Phone

Designer referee

Name Phone

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ResourcesPlease provide details of the organisation and support that will be used.

Company Profile and Resources1. Annual turnover

Total number of staff

Number of Victoria based staff

Resources available

(Attach list if required)

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Please indicate what subcontractors may be used for the works.

Work to be Subcontracted

Subcontractor Name(if known)

Address(if known)

Quality AssuranceDoes the company have a Quality Management System? Yes No

If not currently certified, is the company in the process of achieving certification? Yes No

If the company is not in the process of achieving certification, please provide details of how it is intend to assure that the deliverables meet the client’s requirements and industry standards for quality.

(attach list if required)

Occupational Health and SafetyDoes the company have a written Occupational Health and Safety Policy?

Yes No

Does the company regularly work under its own written Occupational Health and Safety Plan?

Yes No

Does the company regularly work under other written Occupational Health and Safety Plans?

Yes No

Industrial Relations ManagementDoes the company have a written Industrial Relations Management Policy?

Yes No

Does the company regularly work under its own written Industrial Relations Plan? Yes No

Please provide an indication of how the company manages Industrial Relations

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Financial ViabilityRegistrants are required to demonstrate that they have the financial capacity to provide over the term of the Contract all the requirements specified in this ROI. Accordingly, it is a requirement that the following information is provided in the ROI.

1. Are there any significant events, matters or circumstances which exist which may significantly affect the operations of the Registrant (if Yes provide comment)?

Yes No

Comment

2. Are there any litigation proceedings whatsoever, actual or threatened, against the Registrant, its parent or associated entities or any director of the Registrant, its parent or associated entities within the past 5 years?

Yes No

Comment

3. Are there any bankruptcy actions against a director of the Registrant, its parent or associated entities within the past 5 years?

Yes No

Comment

4. Are there any actions of insolvency proceedings, actual or threatened (including Voluntary Administration, Application to Wind Up, or other) against the Registrant, its parent or associated entities within the past 5 years?

Yes No

Comment

5. Is there any existence of any breaches or defaults, of any agreement, contract, order or award binding upon the Registrant, its parent or associated entities?

Yes No

Comment

6. Are there any other factors that could impact on the Registrant’s financial ability to successfully perform the contract?

Yes No

Comment

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7. Is there any other event associated with the company that would or may prevent it 'trading solvent’, and prevent it from being able to meet its debts as and when they fall due in the normal course of business'?

Yes No

Comment

Schedule Of Insurance Information

The Board requires appropriate insurance provisions for the supply of goods and services under this ROI e.g. public, product, and professional liability. Insurance should also provide for the Board's interest noted on the policy.

Please provide the information listed below on your company’s insurance arrangements.

Policy Type Name of Insurance Company Limit of LiabilityPublic LiabilityProfessional IndemnityContractor’s All RiskWorkCover

Other1. Is the company registered for GST purposes and will you be providing a GST

compliant tax invoice for the works? Yes No

Comment

2. Do you wish to detail any matters which have not been covered in previous sections, and you believe need to be taken into consideration when your offer is evaluated.

Yes No

Comment


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PUBLISHING TENDER AND CONTRACT INFORMATION ON THE VGPB WEBSITE

The Conditions of Registration include a provision for disclosure of contract information, see “Contract Disclosure” below. Please identify any information in your ROI which you consider falls within the following categories and which you consider should not be published.

1. Trade secrets2. Unreasonable disadvantage

CONTRACT DISCLOSURE

The Government has a strong presumption in favour of disclosing contracts and, in determining whether any clauses should be confidential, specific FOI principles (including a public interest test) will apply. However, even if certain clauses are excised from public contracts, the Government cannot pre-empt the workings of the FOI Act or constrain the Auditor General's powers to secure and publish documents as he sees fit.

The Conditions of Registration include a provision for the disclosure of contract information. The provision is as follows:

Conditions of Registration

In submitting its ROI the Registrant accepts that the Board will publish (on the internet or otherwise): The name of the successful or recommended Tenderer(s) The value of the successful tender(s) The contractor’s name together with the provisions of the Contract generally.

The provisions of the Conditions of Contract in regard to confidentiality and disclosure should also be noted.

This provision is consistent with the Government's presumption of the full disclosure of contracts. Any non-disclosure of contract provisions must be justified by the successful tenderer by applying the principles for exemption under the provisions of the Freedom of Information Act 1982. Section 34(1) of the Act provides that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the Act if the information relates to:

Trade secrets; or Other matters of a business, commercial or financial nature and the disclosure would be

likely to expose the undertaking unreasonably to disadvantage.

If a tenderer wishes to withhold the disclosure of specific contract information, the tenderer must clearly outline how the release of this information will expose trade secrets or expose the business unreasonably to disadvantage.

Trade secretsIn considering whether specific information should be categorised as a trade secret, tenderers should assess:

the extent to which it is known outside of the tenderer’s business the extent to which it is known by the persons engaged in the tenderer’s business any measures taken to guard its secrecy its value to the tenderer’s business and to any competitors

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the amount of money and effort invested in developing the information the ease or difficulty with which others may acquire or develop this information.

Unreasonable DisadvantageIn determining whether disclosure of specific information will expose a tenderer’s business unreasonably to disadvantage, you should consider section 34(2) of the FOI Act. Broadly, you should consider:

whether the information is generally available to competitors whether it could be disclosed without causing substantial harm to the competitive

position of the business.

The Board will consider these applications in the tender evaluation and negotiations with tenderers.

File: 2014/0320-01


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