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    Arrangement Number.doc.doc Arrangement Number.doc.doc Document Transcript

    • Standing Offer Arrangement INVITATION TO OFFER For the provision of Goods and/or Services Version 002- dated 1 July 2009
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Table of Contents PART 1 INVITATION TO OFFER DETAILS PART 2 CONDITIONS OF OFFER – STANDING OFFER ARRANGEMENT 2.1 Standing Offer Arrangement - Conditions of Offer 2.2 Additional Standing Offer Arrangement - Conditions of Offer PART 3 SPECIFICATIONS 3.1 Purpose; 3.2 Objective/Scope; 3.3 Background; 3.4 Requirements. PART 4 OFFER EVALUATION PROCESS AND CRITERIA 4.1 Evaluation Process; 4.2 Evaluation Criteria; 4.3 Response Forms. PART 5 STANDING OFFER ARRANGMENT CONDITIONS AND CONDITIONS OF CONTRACT 5.1 Standing Offer Arrangement Conditions; 5.2 Additional Standing Offer Arrangement Conditions; 5.3 Conditions of Contract; 5.4 Additional Conditions of Contract. PART 6 RESPONSE FORMS 6.1 Offeror Authorisation and Certification; 6.2 Goods and/or Services including Price under the Arrangement; 6.3 Additional Provisions of the Arrangement; 6.4 Schedules of Arrangement:  Schedule 1 –Arrangement Details;  Schedule 2 – Goods and/or Services including Pricing of the Arrangement; (Draft for Information Only);  Schedule 3 – Additional Provisions of the Arrangement (Draft for Information Only);  Schedule A – Contract Details; 6.5 Existing Arrangements within the Queensland Government or other Entities; 6.6 Declaration of Interest and Possible Influences; 6.7 Statement of Competitive Neutrality; 6.8 Check List. Version 002 – dated 1 July 2009 2
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ PART 1 –INVITATION TO OFFER DETAILS Offers are invited by the State of Queensland (acting through the <<insert name of department/agency>>) in relation to Invitation to Offer No. <<insert Invitation No.>> for the establishment of a Standing Offer Arrangement for the provision of <<insert brief description of Invitation>> as specified in this Invitation to Offer document. Offers are to be submitted on the basis that they conform with the following: • Part 2 - Standing Offer Arrangement - Conditions of Offer; • Part 3 - Specifications; and • Part 5 - Standing Offer Arrangement Conditions. Unless the context otherwise requires or the contrary intention appears, terms defined in the Standing Offer Arrangement – Conditions of Offer Version 002 – dated 1 July 2009 have the same meaning when used in this Invitation. ITEM DETAILS 1. Principal (clause 1.1 of Standing Offer Arrangement - Conditions of Offer): State of Queensland (acting through <<insert name of Queensland Government department, agency or shared service provider>>) OR <<insert name of other entity, if not the State of Queensland>> <<insert Principal’s ABN>>. 2. Closing Date (clauses 1.1 and 8.5 of Standing Offer Arrangement - Conditions of Offer): <<insert the time and date by which Offers must be received>> (Queensland time) 3. Eligible Customer (clause 1.1 of Standing Offer Arrangement - Conditions of Offer) <<insert the names of the Eligible Customer’s associated with this potential Arrangement>> 4. Contact Officer (clauses 1.1 and 7.3 of Standing Offer Arrangement - Conditions of Offer): <<insert name of the Principal’s nominated contact officer responsible for this Invitation>> Name: <<insert name of Contact Officer>> Position Title: <<insert position title of Contact Officer>> Agency: <<insert name of Principal>> Email: <<insert email address of Principal’s Contact Officer>> 5. Confidential Information (clauses 1.1 and 12.1 of Standing Offer Arrangement Conditions of Offer): <<Principal to specify if any parts or information contained within this Invitation are confidential.>> <<If “yes”, specify the areas which will be confidential>> 6. Offer Validity Period (clause 3.1 of Standing Offer Arrangement - Conditions of Offer): Offers must remain valid for a minimum period of <<insert number>> day/s after the Closing Date. 7. Lodgement of Offer (clause 8.1 of Standing Offer Arrangement - Conditions of Offer) [HARD COPY OFFER ONLY]: Offers submitted in response to this Invitation will be accepted by the Principal via Hard Copy: Yes No If YES: Offerors are required to submit one original and <<insert number of copies required>> copy/s of their Offer. The following information MUST be identified on the front of the sealed envelope: <<insert details>> and addressed to: <<insert physical address>> OR <<insert postal address>> Version 002 – dated 1 July 2009 3
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ <<insert packaging requirements, if applicable>>. If NO: please refer to item 8 or 9 of Part 1, as applicable. 8. Lodgement of Offer (clause 8.2 of Standing Offer Arrangement - Conditions of Offer) [ELECTRONIC OFFER ONLY]: Offers submitted in response to this Invitation must be lodged via the Queensland Government Marketplace e-Tender website: Yes No If YES: Offers must be in the following software package: <<insert software package by which the Response Forms are to be submitted>>. Failure to comply with this requirement may result in a non-conforming Offer. When downloading this Invitation, Offerors must submit their Offer through the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘eTender system for Government Suppliers’. Offerors responding to a public Invitation must log in using their email address and system password, before uploading their Offer. OR Offerors responding to a select Invitation must first enter the Invitation access password provided by the Contact Officer then log in using the email address and system password, before uploading their Offer. If NO: please refer to item 7 or 9 of Part 1, as applicable. 9. Lodgement of Offer (clause 8.7 of Standing Offer Arrangement - Conditions of Offer) [Email and/or Facsimile]: Offers can be submitted via email and/or facsimile, as indicated below: Yes No If YES: Offers are to be emailed to <<insert email address>> or <<insert ‘not applicable’>>; or Offers are to be faxed to <<insert facsimile number>> or <<insert ‘not applicable’>>. If NO: please refer to item 7 or 8 of Part 1, as applicable. 10. Lodgement of Offer (clause 8.8 of Standing Offer Arrangement - Conditions of Offer): The Principal will return documents to the Offeror/s who submitted a response to this Invitation: Yes No 11. Opening of Offers (clause 19.1 of Standing Offer Arrangement - Conditions of Offer): Offer/s will be opened publicly: Yes No If “YES”: Offers will be publicly opened on the Closing Date at: <<Specify the location where Offerors may attend this opening>> 12. Right to Information (clause 33.5 of Standing Offer Arrangement - Conditions of Offer): The Principal’s RTI Unit details are as follows: RTI Co-ordinator: <<insert name of RTI co-ordinator>> Agency: <<insert name of Principal>> Address: <<insert Principal’s postal address>> Email: <<insert RTI co-ordinator’s email address>> Information regarding Right to Information can be found viawww.qld.gov.au/right-to-information.. Right to Information applications can be made on-line via http://www.smartservice.qld.gov.au/services/information-requests/ home.action. 13. Proposed Timeframe: The anticipated timeframes for this Invitation are: Release to Market <<insert date>> Industry Briefing <<insert date>> Cut-off for acceptance of information/clarification questions <<insert date>> Version 002 – dated 1 July 2009 4
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Closure of this Invitation <<insert Closing Date>> Commence evaluation <<insert date>> Post-offer negotiations <<insert date>> Award SOA Arrangement <<insert date>> Arrangement Commencement Date <<insert date>> Arrangement Completion Date <<insert date>> The Principal reserves the right to alter the above dates throughout this Invitation Process should the need arise. Version 002 – dated 1 July 2009 5
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ PART 2. – STANDING OFFER ARRANGEMENT - CONDITIONS OF OFFER 2.1 STANDING OFFER ARRANGEMENT - CONDITIONS OF OFFER 2.1.1 The Standing Offer Arrangement - Conditions of Offer Version 002 - dated 1 July 2009 along with any additional standing offer arrangement - conditions of offer as detailed in clause 2.2, will govern this Invitation Process. 2.1.2 The Standing Offer Arrangement - Conditions of Offer Version 002 - dated 1 July 2009 can be located from the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘Standard contract forms’ or via emailing the Contact Officer. 2.1.3 The Principal reserves the right to issue amended Standing Offer Arrangement - Conditions of Offer during the Invitation Process. 2.1.4 It is the responsibility of the Offeror to familiarise itself with the contents of the Standing Offer Arrangement - Conditions of Offer; Standing Offer Arrangement Conditions. 2.2 ADDITIONAL STANDING OFFER ARRANGEMENT - CONDITIONS OF OFFER 2.2.1 <<insert any additional Standing Offer Arrangement - Conditions of Offer which are relevant to this Invitation>> 2.2.2 <<insert any additional Standing Offer Arrangement - Conditions of Offer which are relevant to this Invitation>> 2.2.3 <<insert any additional Standing Offer Arrangement - Conditions of Offer which are relevant to this Invitation>>. Version 002 – dated 1 July 2009 6
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ PART 3 – SPECIFICATIONS 3.1 PURPOSE 3.2 OBJECTIVE/SCOPE 3.3 BACKGROUND 3.4 REQUIREMENTS Version 002 – dated 1 July 2009 7
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ PART 4 – OFFER EVALUATION PROCESS & CRITERIA 4.1 EVALUATION PROCESS 4.1.1 The Offer evaluation process will involve an assessment of Offers received against the criteria listed below. The Principal reserves the right to short-list Offer/s during the evaluation process using the evaluation criteria contained below. The evaluation process may also involve discussions with Offeror/s, reference, financial and corporate checks, a demonstration from short-listed Offeror/s and site visit assessment. 4.2 EVALUATION CRITERIA 4.2.1 Offers received will be evaluated against the following criteria and weightings (if indicated). The weightings ascribed to each criterion will be applied consistently to Offers. • <<insert evaluation criteria>> • <<insert evaluation criteria>> • <<insert evaluation criteria>> • <<insert evaluation criteria>> • <<insert evaluation criteria>> • <<insert evaluation criteria>> 4.3 RESPONSE FORMS 4.3.1 The Response Forms as contained within Part 6 have been included to allow Offeror/s to respond to this Invitation. It is a requirement of this Invitation that each Response Form be completed for each Offer submitted. Offerors who fail to complete the Response Forms within Part 6 will be considered to have submitted a non-conforming offer. Version 002 – dated 1 July 2009 8
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ PART 5. –STANDING OFFER ARRANGEMENT CONDITIONS 5.1 STANDING OFFER ARRANGEMENT CONDITIONS 5.1.1 The terms and conditions in the Standing Offer Arrangement Conditions Version 002 - dated 1 July 2009 along with any additional standing offer arrangement conditions as detailed in clause 5.2, will govern any Arrangement established as a result of this Invitation Process, unless otherwise specified in Schedule 3. 5.1.2 The Standing Offer Arrangement Conditions Version 002 - dated 1 July 2009 can be located from the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘Standard contract forms’ or via emailing the Contact Officer. 5.1.3 The Principal reserves the right to issue amended Standing Offer Arrangement Conditions prior to entering into an Arrangement with the Successful Offeror, as and when required. 5.2 ADDITIONAL STANDING OFFER ARRANGEMENT CONDITIONS 5.2.1 <<insert any additional Standing Offer Arrangement Conditions which are relevant to the proposed Arrangement>> 5.2.2 <<insert any additional Standing Offer Arrangement Conditions which are relevant to the proposed Arrangement>> 5.2.3 <<insert any additional Standing Offer Arrangement Conditions which are relevant to the proposed Arrangement>> 5.2.4 <<insert any additional Standing Offer Arrangement Conditions which are relevant to the proposed Arrangement>>. 5.3 CONDITIONS OF CONTRACT 5.3.1 The terms and conditions of the Conditions of Contract contained within the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 (Section B), along with any additional conditions of contract as detailed in clause 5.4 will govern any Contracts established as a result of the Arrangement, unless otherwise specified in Schedule 3. 5.3.2 The Conditions of Contract within the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 can be located from the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘Standard contract forms’ or via emailing the Contact Officer. 5.3.3 The Principal reserves the right to issue amended the Conditions of Contract prior to entering into the Arrangement, as and when required. 5.4 ADDITIONAL CONDITIONS OF CONTRACT 5.4.1 <<insert any additional Conditions of Contract which are relevant to a proposed Contract>> 5.4.2 <<insert any additional Conditions of Contract which are relevant to a proposed Contract>> 5.4.3 <<insert any additional Conditions of Contract which are relevant to a proposed Contract>> Version 002 – dated 1 July 2009 9
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ PART 6 – RESPONSE FORMS Note to Offeror: The Offeror must complete ALL of the following Response Forms as part of its Offer. (clause 4.3). Response Form 6.1 - Offeror Authorisation and Certification Information Required Details Name of Offeror: • if Offeror is a company – specify the full company name; • if Offeror is a trust: – individual - specify the full name of the individual; or – Company – specify the full name of the company trust; • if Offeror trades under a business name, specify the registered business name; or • if Offeror is an individual or partnership, specify the full name of each individual or partner; • if Offeror is a public sector agency – specify the full agency name. Offeror’s Australian Company Number (ACN) (if applicable) Offeror’s active Australian Business Number (ABN) OR if no ABN – have you submitted a ‘Statement by a supplier – Reason for not quoting an Australian Business Number (ABN) to an enterprise’ form? Yes No Offeror’s registered Business Number (BN) (if applicable) State or Territory in which Business / Corporation / Individual is registered (^) Name of Holding Company / Corporate Group (if applicable) Company Profile As part of the Offer process, each Offeror must include a copy of their Company’s Profile. Does your Offer include your Company’s Profile: Yes No Is the Offeror registered for GST? Yes No Postal Address Street Address (registered office address of the Offeror) Version 002 – dated 1 July 2009 10
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.1 - Offeror Authorisation and Certification (con’t) Contact Name: Contact Phone: Contact E-mail: Contact Fax: Is it proposed to sub-contract any part of the Goods and/or Yes No Services? If “YES”, please specify full name and address of each sub- contractor and their relevant experience and expertise in relation to the offered Goods and/or Services. Are Notices relating to this potential Arrangement and/or any Yes No Contract/s to be directed to the above Contact Name and details? If ‘NO”, please insert alternative details Is there any part of this Offer of substantial concern to the Yes No Offeror, if released under the Right to Information Act 2009 (Qld)? If “YES”, please specify the component of your Offer and Specify the component of your Offer: ................................................. which of the following categories it relates to: ............................................................................................................. ............................................................................................................. Note: This information is being sought for the purposes of Please specify which of the following categories is applicable to the applying any relevant exemptions that might be available above component: under the Right to Information Act 2009 (Qld). However, the Trade Secret: Yes No Principal can give no guarantee to the Offeror that the information will be protected from disclosure under the Right Commercial value: Yes No to Information Act. 2009 (Qld). Results of research: Yes No Confidential nature: Yes No Specify the component of your Offer: ................................................. ............................................................................................................. ............................................................................................................. Please specify which of the following categories is applicable to the above component: Trade Secret: Yes No Commercial value: Yes No Results of research: Yes No Confidential nature: Yes No (^) If an Offeror is an individual or partnership then the relevant sections identified by (^) will be applicable. Version 002 – dated 1 July 2009 11
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.1 - Offeror Authorisation and Certification (con’t) Authorisation, Certification and Execution by an Offeror (company) The Director and Director/Secretary named below certify that in submitting this Offer on behalf of the Offeror: (a) they have read, understood and complied with the requirements of this Invitation; (b) the enclosed Response Forms are a true and accurate account of their Offer; and (c) they have provided details of any Additional Provisions in Response Form 6.3. Signed for and on behalf of ) ) ……………………………………………………………………………… ) . ) <<insert Offeror’s name>> ) …………………………………………………………….…………..……. ) <<insert Offeror’s ACN>> ) …………………………………………………………….…………..……. ) <<insert Offeror’s ABN>> ) in accordance with s.127 of the Corporations Act 2001 (Cth) ) this ……………….. day of …………………..………………. 2……. ) ………………………………………………………………………………. by ) Signature of Director ………………………………………………………..……………………. ) ………………………………………………………………………………. <<insert full name of Director>> ) Signature of Director/Secretary ………………………………………………………..……………………. <<insert full name of Director/Secretary>> Where an attorney executes this Offer on behalf of an Offeror, the form of execution must indicate the source of this authority and a certified copy thereof provided to the Principal. OR Authorisation, Certification and Execution by an Offeror (individual or partnership (^) (+)) I, the Offeror named below certify that in submitting this Offer: (a) I have read, understood and complied with the requirements of this Invitation; (b) the enclosed Response Forms are a true and accurate account of my Offer; and (c) I have provided details of any Additional Provisions in Response Form 6.3. Signed for and on behalf of ) ……………………………………………………………………………… ) . ) <<insert Offeror’s name>> ) …………………………………………………………….…………..……. ) <<insert Offeror’s ABN>> ) this ……………….. day of …………………..………………. 2……. ) by ) ………………………………………………………………………………. ………………………………………………………..……………………. ) Signature of Offeror <<insert full name of Offeror>> ) in the presence of ) ………………………………………………………………………………. ………………………………………………………………..……………. ) Signature of witness <<insert full name of witness>> Where an attorney executes this Offer on behalf of an Offeror, the form of execution must indicate the source of this authority and a certified copy thereof provided to the Principal. Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administrating this Invitation Process, subsequent Arrangement and any Contract/s. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government Bodies, Non-Government Organisations and/or Commonwealth, States or Territories for the purpose of administrating this Invitation Process, subsequent Arrangement and any Contract/s. Personal Information will not be disclosed to any other third party without consent of the Offeror, except where authorised or required by law. Note to Offeror: (^) If an Offeror is an individual or partnership, then the above execution clause will be applicable. (+) If the Offeror is a partnership, then all partners associated with the partnership must execute the above clause, unless authorisation has been given to an attorney and such authority is in the form of an enduring power of attorney. Version 002 – dated 1 July 2009 12
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.2 - Goods and/or Services including Price of the Arrangement The Goods and/or Services offered by the Offeror are as follows: Description Unit Price Unit Price Total Unit Price (Excl. GST) (GST (Incl. GST) component only) List any delivery and installation details and charges applicable to this Offer. List any taxes, duties or other charges and their details associated with each Good and/or Service applicable to this Offer. Other Pricing Issues: Description Response Offerors must specify each and every condition that may affect the pricing offered in this Response Form. Please specify any other price that may be charged to an Eligible Customer for the supply of the Goods and/or Services under this Invitation. For each price, specify: • the nature of the price; • the circumstances under which it will be incurred; and • total price (including GST). Offeror’s Name: Date: Version 002 – dated 1 July 2009 13
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.2 –Goods and/or Services including Price of the Arrangement (continued) Specify if the Prices offered are either: “Firm” - that is the price does not change for the duration of the Yes No Arrangement Term, unless the scope of the work changes; OR OR “Fixed” - that is the price is firm in time and is subject to Yes No fluctuations only in economic circumstances (such as exchange rates or consumer price index) and which must be specified in this Response Form. If ‘Yes’, to “Fixed”, please specify the period from the Arrangement Commencement Date or date, within which Period:…………………… or Date:…………………… the proposed pricing will remain firm prior to the application of the variables. Please specify whether the ‘Fixed’ Pricing is subject to: Yes No • Exchange Rate fluctuations; • Consumer Price Index variations during the Yes No previous year; or • Other factors (please provide comprehensive Yes No details and how this will impact on the specified Pricing) If “Yes”, please specify full details Please note any ‘Fixed’ Pricing movements will be in accordance with clause 9 of the Standing Offer Arrangement Conditions. Offeror’s Name: Version 002 – dated 1 July 2009 14
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Date: Version 002 – dated 1 July 2009 15
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.3 - Additional Provisions of the Arrangement Note to Offeror: The Offeror is required to identify and describe in detail in the Response Form below any Additional Provisions of this Invitation. If no Additional Provisions are specified, and the Offer is accepted, the terms of the Arrangement will include those specified in the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au and the Specifications in their entirety. All Additional Provisions must be listed in the same sequence as they appear in this Invitation. Parts Clause Departures Number Part 3 – Specifications Part 5 –Standing Offer Arrangement Conditions Section A - Arrangement Section B - Conditions of Contract Part 6 – Response Form 6.4 Schedules for Arrangement Schedule 1 –Arrangement Details Schedule A - Contract Details Offeror’s Name: Date: Version 002 – dated 1 July 2009 16
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.4 - Schedules for Standing Offer Arrangement Conditions Note to Principal The Principal should complete those items which the Principal is able to specify and shade these items in grey. This will highlight the items which the Offeror will be required to complete as part of their Offer Note to Offeror If an Arrangement is awarded to the Offeror as a result of this Invitation Process, a completed Schedule 1, 2 and 3 which are completed and acceptable to the Principal will form part of the Arrangement in accordance with clause 5.1 of the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au. In this Invitation, the Principal has completed and/or identified those items which it requires for the purposes of an Arrangement. These items are easily identified as they are shaded in grey. The Offeror must therefore complete all other items which are NOT shaded below to assist in the evaluation process. If the Offeror wishes to amend any items (shaded in grey) as completed by the Principal, these will constitute departures from this Invitation and the Offeror must identify those amendments in Response Form 6.3 – Additional Provisions. SCHEDULE 1: ARRANGEMENT DETAILS The below Schedules 1, 2 and 3 must be read in conjunction with the Queensland Government’s Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 located via www.qgcpo.qld.gov.au – under ‘Standard contract forms’, along with any additional standing offer arrangement conditions as detailed in Schedule 3. The Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 along with the below Schedules will govern the Arrangement which will be established as a result of this Invitation Process. No. Reference Arrangement – Reference Clause Title Arrangement Details Clause No. 1 Arrangement Number [Specify Arrangement No.] No. 2 1.1 Principal [Insert full name of the Principal]. Name: State of Queensland (acting through <<insert name of Queensland Government department or agency>>) OR <<insert name of entity, if not the State of Queensland>> [Insert the Principal’s ABN / ACN] ABN / ACN: [Insert the Principal’s address] Address: 3 1.1 Contractor [Insert full name of Contractor] Name: [Insert Contractor’s address] Address: [Insert Contractor’s phone no.] Telephone: [Insert Contractor’s fax no.] Facsimile: [Insert Contractor’s email address] Email: [Insert the name of the person representing Contact Person: the Contractor, who will be responsible for the Arrangement]. 4 1.1 Customer [Specify the name/s of the Customer/s who may purchase the Goods and/or Services under this Arrangement]. 5 1.1 and 6 Arrangement Commencement Date [Specify the date on which this Standing Offer Arrangement is to commence]. 6 1.1 and 6 Arrangement Completion Date Version 002 – dated 1 July 2009 17
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ [Specify the date on which this Standing Offer Arrangement is to conclude]. 7 1.1 and 6 Arrangement Term [Specify the term of this Standing Offer Term: Arrangement]. [Specify details, if the Principal has the Extension Period: option to extend this Standing Offer Arrangement]. 8 1.1 and 8 Principal Authorised Officer [Specify the Principal’s Authorised Officer’s Name: name] [Specify the position title of Principal’s Position: Authorised Officer] [Specify the Principal’s Authorised Officer’s Telephone: phone no>> [Specify the Principal’s Authorised Officer’s Facsimile: fax no.] [Specify the Principal’s Authorised Officer’s Email: email address.] 9 1.1 and 8 Project Manager [Specify the name of Project Manager] Name: [Specify the position title of Project Position: Manager] [Specify the phone no. of the Project Telephone: Manager] [Specify the fax no. of the Project Manager] Facsimile: [Specify the email address of the Project Email: Manager] 10 13 Requirements for Goods and/or Services [Specify if the Goods are to be other than new and unused condition and of recent origin.] 11 1.1 and 17 Delivery Period [Specify the delivery period which the Goods are to be supplied and/or the Services are to be performed]. 12 18 Performance Review [Specify the performance review criteria Key Performance Criteria: (e.g. key performance indicators {KPI}) for this Arrangement] [Specify the frequency of the performance Frequency of KPI Meetings: review meetings for this Arrangement.] [Specify the documentation, reports and data required for this Arrangement.>> <<Specify the format for the above documentation, reports (including KPI’s) and data>> 13 1.1 and 19 Performance Guarantee Is a Performance Guarantee required under Yes No this Arrangement? • If “YES” then the Contractor must complete and attach a Performance Guarantee in a form acceptable to the Principal, which will be relied upon under this Arrangement for all subsequent Contract/s. Version 002 – dated 1 July 2009 18
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ (i) [Specify the date by which the Date: Performance Guarantee is required]; and (ii) [Specify the name of the Name of Guarantor: Guarantor.] • If “NO”, then state “Not Required”. 14 1.1 and 20 Financial Security Is a Financial Security required under this Yes No Arrangement? • If “YES” then the Contractor must complete and attach a Financial Security in a form acceptable to the Principal, which will be relied upon under this Arrangement for all subsequent Contract/s. (h) [Specify the maximum aggregate Amount: sum required]; and (ii) [Specify the name of the Name of Guarantor: Guarantor.] • If “NO”, then state “Not Required”. 15 1.1 and 22 Intellectual Property Rights [New Contract Material vests in the Yes No Customer]. OR OR Clause 22.4 applies [New Contract Material Yes No vest in the Contractor with licence rights to the Customer for Customer use. If “Yes” to clause 22.4, clause 22.4(b) Yes No applies (Customer has full commercial exploitation rights)]. Moral Rights 22.7(d) [List any specific acts or omissions in relation to Moral Rights in addition to those specified in clause 22.7(a) – (c) that are being consented to. [If no additional acts or omissions are to be specified insert “Nil” or “Not Applicable”. 16 23 Confidentiality Is the Contractor required to obtain from its Yes No officers, employees, agents and sub- contractors a confidentiality undertaking? • If “YES” then the Contractor must complete and attach a confidentiality undertaking in a form acceptable or provided by the Principal, which will be relied upon under this Arrangement for all subsequent Contract/s. 17 24 Privacy & Disclosure of Personal Information Is the Contractor required to obtain from its Yes No officers, employees and sub-contractors an executed privacy deed? • If “YES” then the Contractor must complete and attach a privacy deed in a form acceptable or provided by the Version 002 – dated 1 July 2009 19
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Principal, which will be relied upon under this Arrangement for all subsequent Contract/s]. 18 25 of Section Liability A and 57 of [Specify the amount of the liability cap (e.g. $ Section B an amount of $(x)million or (y) times the value of any Contracts established as the result of this Arrangement] For the avoidance of doubt, $0 or no amount specified means liability is unlimited. 19 27 Insurance– Public Liability Insurance Is Public Liability Insurance required? Yes No • If “YES” then specify the following: Sum Insured: o amount to be insured; Policy No.: o Policy Number; Insurance Provider: o name of Insurance Provider; Named Insured: o name on the Insurance Policy; Expiry Date of Policy: o Expiry Date of the Insurance Policy. [Public liability insurance covers liability for personal injury and property damage. Typically the amount is at least $10 million per claim depending upon the Risk Assessment] 20 27 Insurance – Professional Indemnity Is Professional Indemnity Insurance Yes No required? • If “YES” then specify the following: Sum Insured: o amount to be insured; Policy No.: o Policy Number; Insurance Provider: o name of Insurance Provider; Named Insured: o name on the Insurance Policy; Expiry Date of Policy: o Expiry Date of the Insurance Policy. Yes No Is the Professional Indemnity insurance to be maintained for an alternative period? (i.e. other than four years from the Arrangement Completion Date or termination of the Arrangement) Alternative Period: • If “YES” then specify the alternative period. Yes No Is the Contractor a member of a scheme approved under the Professional Standards Act 2004 (Qld)? • If “YES” please specify and provide details. [Professional indemnity insurance covers the consequences of a breach of professional duty and professional negligence. It is only required where relevant, (e.g. if you engage an accountant to provide professional accounting services)]. Version 002 – dated 1 July 2009 20
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ 21 27 Insurance – Other insurances: Is other Insurance/s required? Yes No • If “YES” then specify the following: o Type of insurance policy Insurance Policy: required; Sum Insured: o amount to be insured; Policy No.: o Policy Number; Insurance Provider: o name of Insurance Provider Named Insured: o name on the Insurance Policy Expiry Date of Policy: o Expiry Date of the Insurance Policy. 22 36.1(a) Notices – relating to this Arrangement [Specify the Principal’s address for Notices] Address: [Specify the Principal’s fax no for Notices] Facsimile No.: [Specify the Principal’s email address for Email: Notices]. 23 36.1(b) Notices - relating to this Arrangement [Specify the Contractor’s address for Address: Notices] [Specify the Contractor’s fax no for Notices] Facsimile No.: [Specify the Contractor’s email address for Email: Notices]. Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government Bodies, Non-Government Organisations and/or Commonwealth, States or Territories for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. Personal Information will not be disclosed to any other third party without consent of the Contractor, except where authorised or required by law. Offeror’s Name: Date: Version 002 – dated 1 July 2009 21
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.4 - Schedules for Standing Offer Arrangement Conditions Note to Offeror If an Arrangement is awarded to the Offeror as a result of this Invitation Process, this Schedule 2 will be completed by the Principal in accordance with the Offeror’s Offer or as otherwise negotiated between the Parties and accepted by the Principal, and will form part of the Arrangement in accordance with clause 5.1 of the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au. SCHEDULE 2 – GOODS AND/OR SERVICES INCLUDING PRICING OF THE ARRANGEMENT The following Goods and/or Services including Price forms part of this Arrangement. Description Unit Price Unit Price Total Unit Price (Excl. GST) (GST comp) (Incl. GST) List any delivery and installation details and charges applicable to this Arrangement. List any taxes, duties or other charges and their details associated with each Good and/ or Service applicable to this Arrangement. <<Specify when and manner in which the Price is payable>> <<Specify time and manner in which the Contractor must submit invoices>>. DRAFT “FOR INFORMATION ONLY” Version 002 – dated 1 July 2009 22
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.4 - Schedules for Standing Offer Arrangement Conditions Note to Offeror If an Arrangement is awarded to the Offeror as a result of this Invitation Process, this Schedule 3 will be completed by the Principal in accordance with the Offeror’s Offer or as otherwise negotiated between the Parties and accepted by the Principal and will form part of the Arrangement in accordance with clause 5.1 of the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au. SCHEDULE 3 – ADDITIONAL PROVISIONS OF THE ARRANGEMENT These terms and conditions reflect variations to the standard provisions of this Arrangement and are deemed to be incorporated into each Contract. These terms and conditions must not be further amended by the Customer and Contractor. The Arrangement includes the following Additional Provisions to the Specifications and/or Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009. Parts Clause Departures Number Specifications Standing Offer Arrangement Conditions Section A - Arrangement Section B - Conditions of Contract Schedules for Arrangement Schedule 1 –Arrangement Details Schedule A - Contract Details DRAFT “FOR INFORMATION ONLY” Version 002 – dated 1 July 2009 23
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.4 - Schedules for Standing Offer Arrangement Conditions Note to Principal The Principal must complete those items which the Principal is able to specify and shade these items in grey. This will highlight the items which the Offeror will be required to complete as part of their Offer. This is the template order form so details about specific orders will not be known at this stage. Note to Offeror If an Arrangement is established as a result of this Invitation Process and a Contract is subsequently created, a completed Schedule A - Contract Details which are completed and acceptable to the Customer will form part of the Contract in accordance with clause 5.7 of the Standing Offer Arrangement Conditions Version 002 - dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au. In this Invitation, the Principal has completed and/or identified those items which it requires for the purposes of an Arrangement and subsequent Contract. These items are easily identified as they are shaded in grey. The Offeror must therefore complete all other items which are NOT shaded below, other than those that will relate to specific orders which will be lodged in the future, to assist in the evaluation process. If the Offeror wishes to amend any items (shaded in grey) as completed by the Principal, these will constitute departures from this Invitation and the Offeror must identify those amendments in Response Form 6.3 - Additional Provisions. SCHEDULE A – CONTRACT DETAILS The below Schedule A must be read in conjunction with the Queensland Government’s Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 located via www.qgcpo.qld.gov.au – under ‘Standard contract forms’, along with any additional standing offer arrangement conditions as detailed in Schedule 3. The Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 along with the below Schedule will govern any Contract under the Arrangement, if established as a result of this Invitation Process. No. Reference Contract - Reference Clause Title Contract Details Clause No. 1 Arrangement No. [Specify the Arrangement No.] No. 2 1.1 Customer [Insert full name of the Customer]. Name: State of Queensland (acting through <<insert name of Queensland Government department or agency>>) OR <<insert name of entity, if not the State of Queensland>> [Insert the Customer’s ABN] ABN: [Insert the Customer’s address] Address: [Insert name of Customer’s contact Contact Officer: officer] [Insert Contact Officer’s phone no.] Phone No.: [Insert Contact Officer’s fax no.] Facsimile No.: [Insert Contact Officer’s email Email: address] 3 Ordering Officer [Insert name of the ordering officer] Name: [Insert name of the Customer] Department: [Insert ordering officer’s postal Address: address] [Insert ordering officers fax no.] Facsimile No.: [Insert ordering officer’s phone no.] Phone No.: [Insert ordering officer’s email Email: address] Version 002 – dated 1 July 2009 24
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ 4 1.1 Contractor [Insert full name of Contractor] Name: [Insert Contractor’s address] Address: [Insert Contractor’s phone no.] Telephone: [Insert Contractor’s fax no.] Facsimile: [Insert Contractor’s email address] Email: [Insert the name of the person Contact Person: representing the Contractor, who will be responsible for the Contract]. 5 1.1 and 43 Contract Commencement Date [Specify the date on which the Contract that will be formed by the placement of this Schedule is to commence]. 6 1.1 and 43 Contract Completion Date [Specify the date on which the Contract that will be formed by the placement of this Schedule is to conclude]. 7 1.1 and 43 Contract Term [Specify the term of this Contract]. 8 1.1 Delivery / Site [Specify delivery address of where the Deliverables are to be delivered.] 9 1.1 and 46 Delivery Period [Specify the Delivery Period which the Goods are to be supplied and/or the Services are to be performed to the Customer]. 10 1.1 and 48 Goods and/or Services including Price [Specify the Goods and/or Services including Price which forms part of this Contract]. [Specify any delivery and/or installation Price applicable to this Contract]. [Specify any taxes, duties or other charges and their details associated with each Goods and/or Services applicable to this Contract]. [Specify any milestone payments]. [Specify the total Price for this Contract]. [Specify if the Price is inclusive or exclusive of GST. If exclusive of GST, please specify the GST component]. 11 1.1 and 48 Approved Expenses [Insert full details including pricing for any Approved Expenses for which the Contractor will be entitled to be reimbursed]. [Specify the maximum amount payable to the Contractor by the Version 002 – dated 1 July 2009 25
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Customer under this Contract, if applicable]. 12 1.1 and 45 Project Manager [Specify the name of Project Name: Manager] [Specify the position title of Project Position: Manager] [Specify the phone no. of the Project Phone No.: Manager] [Specify the fax no. of the Project Facsimile No.: Manager] Email: [Specify the email of the Project Manager] 13 46 Provision of the Goods and/or Services (Milestones) [Insert a description of the milestones and proposed achievement dates.] 14 46 Provision of the Goods and/or Services (Periodic or Recurrent Services) [Insert time/frequency/intervals for the performance of periodic or recurrent Services. If Services are not periodic or recurrent, insert “Not Applicable”.] 15 46 Provision of the Goods and/or Services (Customer Assistance) Is any assistance to be provided by Yes No the Customer to the Contractor in relation to the Goods and/or Services? If “YES” please provide details. 16 47 Performance of Key Personnel Is Key Personnel associated with Yes No this Contract? • If “YES” the Contractor is to Name: specify the names of personnel who are to undertake the Qualifications: Services for the Contractor and their qualifications.] • If ”NO” please specify “Not Applicable” if there is no Key Personnel.] 17 55 Confidentiality Is the Contractor required to obtain Yes No from its officers, employees, agents and sub-contractors a confidentiality undertaking for this Contract? • If “YES” then the Contractor must complete and attach a confidentiality undertaking in a form acceptable or provided by the Customer. 18 56 Privacy & Disclosure of Personal Information Is the Contractor required to obtain Yes No from its officers, employees and sub-contractors an executed privacy Version 002 – dated 1 July 2009 26
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ deed? • If “YES” then the Contractor must complete and attach a privacy deed in a form acceptable or provided by the Customer.] 19 64.1(a) Notices – Relating to the Contract [Specify the Principal’s address for Address: Notices] [Specify the Principal’s fax no for Facsimile No.: Notices] [Specify the Principal’s email Email: address for Notices]. 20 64.1(b) Notices - Relating to the Contract [Specify the Contractor’s address Address: for Notices] [Specify the Contractor’s fax no for Facsimile No.: Notices] [Specify the Contractor’s email Email: address for Notices]. Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government Bodies, Non-Government Organisations and/or Commonwealth, States or Territories for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. Personal Information will not be disclosed to any other third party without consent of the Contractor, except where authorised or required by law Offeror’s Name: Date: Version 002 – dated 1 July 2009 27
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.5 – Existing Arrangements with Queensland Government or other Entities Note to Offeror: This Response Form is to capture information regarding the Offeror’s association with the Queensland Government departments or agencies, Queensland Government Bodies or Non-Government Organisations, which may be shared across other Queensland Government departments or agencies. Does your company have any current supply arrangement/s with the Queensland Government department or agencies; Queensland Government Bodies or Non-Government Organisations?  YES  NO If “YES”, to the above, please provide the following details: No. Description Details 1. Title of current supply arrangement: Description of Goods and/or Services covered under the supply arrangement: Name of the Queensland Government department or agency; Queensland Government Body or Non- Government Organisation who is managing the supply arrangement: Term of supply arrangement: Term: Commencement date: Completion date: Estimated annual value of supply arrangement: $ 2. Title of current supply arrangement: Description of Goods and/or Services covered under the supply arrangement: Name of the Queensland Government department or agency; Queensland Government Body or Non- Government Organisation who is managing the supply arrangement: Term of supply arrangement: Term: Commencement date: Completion date: Estimated annual value of supply arrangement: $ 3. Title of current supply arrangement: Description of Goods and/or Services covered under the supply arrangement: Name of the Queensland Government department or agency; Queensland Government Body or Non- Government Organisation who is managing the supply arrangement: Term of supply arrangement: Term: Commencement date: Completion date: Estimated annual value of supply arrangement: $ Offeror’s Name: Date: Version 002 – dated 1 July 2009 28
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.6 - Declaration of Interest and Possible Influences Note to Principal: Please delete this Response Form if not applicable. In submitting an Offer in response to this Invitation, the Offeror warrants that to the best of its knowledge and belief and subject to any disclosures detailed below: (a) no family, business or pecuniary relationships exist between the Parties to this Invitation Process that would adversely impact on this Invitation or any Arrangement and/or Contract arising as a result of this Invitation Process; (b) neither the Offeror nor its officers or employees have: (i) engaged in any unethical behaviour or sought and/or obtained an unfair advantage; or (ii) received or will receive any pecuniary or in-kind advantage from any other Offeror, in relation to this Invitation Process; (c) no officer, employee, contractor or family member associated with the Offeror is or has been engaged by the Principal or Customer in a position or role that in any way relates back to this Offer; (d) no officer, employee, contractor or family member associated with the Principal has been offered any benefit or inducement associated with this Offer, including any offer relating to employment; and (e) other than specified below, neither the Offeror nor any of its officers or employees have or are likely to have any Conflict of Interest. The Offeror further undertakes to notify the Principal via the Contact Officer in writing immediately if any warranty contained in this Response Form 6.6 becomes incorrect. The following information is disclosed for the purposes of this Response Form. Offerors must supply details of any possible conflict of interest that exists or may arise in relation to the making and/or acceptance of their Offer. If there is nothing to declare, Offerors must insert “None”. Offeror’s Name: Date: Version 002 – dated 1 July 2009 29
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.7 - Statement of Competitive Neutrality Note to Principal: Please delete this Response Form if not applicable. Government owned entities seeking to supply to the Queensland Government are required to indicate whether their Offer for the provision of Goods and/or Services complies with the competitive neutrality principles of the Offeror’s jurisdiction. If Statement of Competitive Neutrality is applicable in some or all areas please the appropriate “Compliant” box or alternatively if this is not applicable please the “Non Applicable” box. To be completed by Government owned entities external to Queensland For government owned entities outside Queensland, including local government and Commonwealth, State or Territory government, the Offer has been priced to comply with the competitive neutrality principles of the government of the Offeror’s jurisdiction. Compliant or Not Applicable To be completed by Queensland Government owned entities For Queensland Government Bodies, the Offer has been priced to comply with the Queensland Government’s policy statement on the application of competitive neutrality to government business activities, “Competitive neutrality, and Queensland Government Business Activities” which is located at www.treasury.qld.gov.au. Compliant or Not Applicable To be completed by Queensland Local Government entities The Offer has been priced to comply with the competitive neutrality policy arrangements established by the Queensland Government. Compliant or Not Applicable Offeror’s Name: Date: Version 002 – dated 1 July 2009 30
    • Standing Offer Arrangement – Invitation to Offer ____________________________________________________________________________________________________________________________________ Response Form 6.8 - Check List Note to Offeror: The checklist is provided to assist Offerors submitting a conforming Offer. The list is not exhaustive and should not be relied upon as the sole quality check. Prior to submitting an Offer, Offerors should use the following checklist to ensure that all key information has been complied: Check List Questions Have you met this requirement: 1 Have you read and understood the Conditions of Offer – Yes: No: Standing Offer Arrangement Version 002 - dated 1 July 2009, as referenced in Part 2 of this Invitation? 2 Have you read and understood the Standing Offer Arrangement Yes: No: Conditions Version 002 - dated 1 July 2009, (Section A) as referenced in Part 5 of this Invitation? 3 Have you read and understood the Conditions of Contract Yes: No: contained within the Standing Offer Arrangement Conditions Version 002 dated 1 July 2009 (Section B) requirements as specified in Part 5 of this Invitation? 4 Are you submitting your Offer in accordance with Part 1 of this Yes: No: Invitation? 5 Have you specified any Additional Provisions from the Yes: No: Specifications, Standing Offer Arrangement Conditions and/or Response Form 6.4, in relation to your Offer, in Response Form 6.3? 6 Have you signed your Offer on the “Offer Authorisation and Yes: No: Certification” page of Response Form 6.1? 7 Have you answered all questions and responded to all Yes: No: requirements specified in the Response Forms? 8 Have you entered the name of your organisation making this Yes: No: Offer in the footer of each Response Form? 9 Have you checked all other lodgement requirements of the Yes: No: Invitation to ensure your Offer is prepared and addressed correctly? (Refer to Part 1 and Part 2 of this Invitation)? If your answer to any of the above questions is "NO", your Offer may be considered non-conforming, in accordance with clause 9 of the Standing Offer Arrangement - Conditions of Offer Version 002 - dated 1 July 2009 which is located via: www.qgcpo.qld.gov.au. Offeror’s Name: Date: Version 002 – dated 1 July 2009 31