auckland council rft testing station that breaches the privacy act

8/12/2019 Auckland Council RFT Testing Station that breaches the Privacy Act

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Request for tender

For the disposal of Vehicle Testing Station Assets

This RFT is being issued for: Auckland Council](the Council Organisation)

This RFT is being issued by: Auckland Council(the Administrator)

Identifying number: VTS Asset Disposal

Date that Tender Box opens: 23 May 2014

Date and time that Tender Boxcloses:

09:00am, 26 May 2014

RFTs must be emailed to: [email protected]

RFTs information contact: Shane King

[email protected]


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Contents

Section A Background and tender process ......................................................................................... 3Section B Schedule to Conditions of Tendering ................................................................................. 5Section C Conditions of Tendering ....................................................................................................... 7Section D Tender Analysis ................................................................................................................... 11Section E Scope of Goods/Services Specification ............................................................................ 12Section F Terms of Contract ................................................................................................................ 12Appendix 1 Tender Acknowledgement Form ........................................................................................ 15Appendix 2 Tender Form ......................................................................................................................... 16Appendix 3 Pricing Schedule.................................................................................................................. 17Appendix 4 Statement of Departures ..................................................................................................... 18Appendix 5 Conflict of Interest Declaration .......................................................................................... 20Appendix 6 Auckland Council Contractor Health and Safety Qualification ...................................... 22


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Section A Background and tender process

1. Introduction and background

The Waitakere Vehicle Testing Station business operates from a purpose built four lane testing facilityon the corner of Moselle Ave and Waipareira Ave (the site), in Henderson. It undertakes Warrant of

Fitness (WOF) inspections for car and trailers and provides vehicle re-licensing and driver licensing forthe New Zealand Transport Agency (NZTA).

The Waitakere Vehicle Testing Station will be ceasing operations by 30 June 2014. As a result, assetsassociated with the Waitakere Vehicle Testing Station business will be disposed of.

This request for tender (RFT) is issued for the Council Organisation set out on the front page. Throughthis RFT, the Council Organisation invites tenders for the disposal of Vehicle Testing Station Assets.

The aim of the Council Organisation in this process is to obtain sufficiently detailed information frompotential purchasers of the Vehicle Testing Station Assets (having regard to several factors including,

the purchasers ability to collect on a timely basis, and price).In awarding the tender to a purchaser, the Council Organisation intends to achieve:

(a) value for Auckland citizens, ratepayers and customers;

(b) optimum value consistent with its strategic objectives; and

(c) best price for disposal of assets

The Administrator set out on the front page will be assisting with the administration of this RFT,however, any resulting contract will be with the Council Organisation.

2. Scope of contract

See Section E

3. Tender programme

The following is an indicative tender programme. The Council Organisation may modify the stepsand/or dates at any time in its sole discretion. Tenderers will be notified of changes.

RFT issued 19 May 2014

Last date for questions Midday, 21 May 2014

RFT closing date 09:00 am, 26 May 2014

Evaluation period commences 26 May 2014

Evaluation period ends 28 May 2014

Negotiations with preferred tenderer(s) (if any) 28 May 2014

Contract commencement (if any) 31 May 2014

4. Tender selection process and attributes

4.1. Tender evaluation will use the highest price conforming. The evaluation process is described inSection B (Schedule to Conditions of Tendering) and Section D (Tender Analysis).

4.2. Without limiting the Council Organisation's rights set out in clause 11 of Section C (Conditions ofTendering), the Council Organisation intends that its nominated evaluation team will evaluate eachtender against the attributes set out in Section D (Tender Analysis).


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5. Form of tender

5.1. The Council Organisation does not require tenders to be submitted in accordance with any particularstructure, but tenderers must address the attributes described in Section D (Tender Analysis) and allof the requirements in Section E (Scope of Goods/Services Specification) and it is recommended thattenderers address the attributes/information in the order set out in Section D.

5.2. In addition, tenderers are encouraged to provide suggestions on how they might work with the CouncilOrganisation to minimise costs and/or increase efficiency. Tenders may be submitted jointly by two ormore organisations.

5.3. Refer to Section B (Schedule to Conditions of Tendering) for a list of documents to be completed andsubmitted by the tenderer with the tender.

.


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Section B Schedule to Conditions of TenderingClause number references refer to Section C (Conditions of Tendering)

2.4RFT information

contact person

Name: Shane KingTelephone: 0212771734

Email: [email protected]

2.3 and 4.1Last date forquestions andrequests forexplanatorynotices

12:00pm (Midday), 21 May 2014

5.1Tender Box opens

23 May 2014

5.1Tender Boxcloses

09:00, 26 May 2014

5.2Address ofTender Box

[email protected]

5.4 Information tobe submitted withthe tender

Document 1 saved as Tender forVTS Asset Disposal includes one (1) electroniccopy of:

1. Appendix 2 (Tender Form).

2. Tenderers detailed tender submission which includes all of the information set outin Section D (Tender Analysis) and all requirements of Section E (Scope ofGoods/Services Specifications).

3. Appendix 4 (Statement of Departures).4. Appendix 5 (Conflict of Interest Declaration).

Document 2saved as Tender for VTS Asset Disposal- Price includes:

A fully completed Appendix 3 (Pricing Schedule)

Each of the above documents are to be clearly identified with the followinginformation:

1. Tender for contract VTS Asset Disposal

2. Tenderers name.

3. Tenderers contact person and telephone number.

4. Address for submission.

5. Date tender submitted.

7.1Validity Period fortenders

Three calendar months

11.1Tender EvaluationMethod

Subject to Section C (Conditions of Tendering):

Tenders will generally be evaluated using the:

HIGHEST PRICE CONFORMING METHOD

13.1Confidentiality

The RFT Documents (as defined in Section C) are confidential.


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Section C Conditions of Tendering

1. Interpretation

1.1 In this Section C:

a) Contact Personmeans the RFT information contact person stated in the Schedule to RFTConditions.

b) RFT Documentsmeans this RFT and any and all documents and written informationissued in relation to this RFT.

c) Schedule to RFT Conditionsmeans the schedule of information set out in Section B.

d) RFT Conditions meansthese conditions as set out in Section C.

e) Goods/Services means those goods or services identified in Section E (Scope ofGoods/Services).

f) The term including does not imply any limitation.

g) Any rights reserved to the Council Organisation may be exercised at the sole discretion ofthe Council Organisation or the Administrator.

2. Issue of RFT Documents

2.1 The issue of the RFT Documents is not an offer to enter into a contract.

2.2 The RFT Documents have been provided to assist tenderers in preparing tenders . The CouncilOrganisation does not represent or warrant the completeness or accuracy of the RFT Documents.Tenderers rely on any information provided in relation to this RFT at their own risk and areresponsible for the interpretation of that information. RFT documents remain the property of theCouncil Organisation.

2.3 The Contact Person may be contacted with any questions in relation to this RFT. All questionsmust be received by the last date for questions set out in the Schedule to RFT Conditions.

2.4 If requested in Section A, tenderers must acknowledge receipt of the RFT Documents by

completing Appendix 1 (Tender Acknowledgement Form) and returning it to the Contact Person.3. Tenderers to inform themselves

3.1 Each tenderer is deemed to have examined the RFT Documents and to have satisfied itself as faras is practical for an experienced supplier as to the correctness and sufficiency of:

a) its tender to cover the Goods/ Services; and

b) the prices/rates/sum stated in its tender.

3.2 The rates/prices submitted in each tenderers tender will, except where otherwise provided, allowfor all the tenderer's obligations under the terms of contract as set out at Section F (Terms ofContract). The tenderer will undertake any investigations, measurements and analysis as it mayconsider necessary before submitting a tender.

3.3 The Contact Person is the only person authorised to receive queries, requests for information orother communications by tenderers or related parties regarding this RFT. The CouncilOrganisation will not be bound by any statement, written or verbal, made by any person includingthe Contact Person unless that statement is subsequently incorporated into a formal writtencontract for the provision of the Goods/Services between the Council Organisation and thetenderer.

4. Ambiguities in the RFT Documents

4.1 Tenderers may request an explanatory notice where the RFT Documents are ambiguous orunclear. All requests for explanatory notices must be received by the last date for questions setout in the Schedule to RFT Conditions.

4.2 In the absence of an explanatory notice, tenders may be submitted subject to any reasonable

interpretation of any ambiguity or uncertainty in the RFT Documents, provided that theinterpretation is expressly stated in the tender.


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5. Submission of tenders

5.1 The Response Box will open and close at the time and place stated in the Schedule to RFTConditions. The Council Organisation reserves the right to extend the period allowed for thesubmission of tenders.

5.2 Each tender must be:

a) packaged, identified and addressed as set out in the Schedule to RFT Conditions.b) deposited to the correct Response Box before the closing time. However, the Council

Organisation reserves the right to accept late tenders. Any late tender in respect of whichthe Council Organisation chooses not to exercise its discretion will be returned unopened.

c) in the form and include the information required by the RFT Documents.

d) signed by or on behalf of the tenderer.

5.3 Joint tenders may be submitted. In the event that a joint tender is successful, all joint parties will bejointly and severally liable to discharge the duties, obligations and responsibilities under anycontract for the provision of Goods/Services that results from this RFT. One of the tenderers to the

joint tender must be identified as the contact point for all communications with the CouncilOrganisation relating to the tender.

5.4 The cost of preparing and submitting a tender, and the cost to the tenderer of any subsequentnegotiations, meetings or discussions, will be borne by the tenderer.

5.5 If a tender contains an error and the Council Organisation becomes aware of that error, then theCouncil Organisation will draw the error to the attention of the relevant tenderer(s) and reserves theright to either:

a) Invite the tenderer to confirm that its tender remains open for acceptance at the rates,prices or sum set out in the tender, notwithstanding the error; or

b) Permit the tenderer to correct the error (including by alteration of the rates/prices or sumset out in the tender).

5.6 If the Council Organisation invites the tenderer to provide the confirmation set out in clause 5.5(a)above and the tenderer does not provide such confirmation within the timeframe set by the CouncilOrganisation, the relevant tender will be deemed withdrawn by the tenderer.

5.7 The tenderer will include rates and/or prices or a sum for all the Goods/Services. Therates/prices/sum must be provided in the format set out in the pricing schedule set out in this RFT (or, where no pricing schedule is included, in the format deemed appropriate by the tenderer).

5.8 Goods/Services against which no rate or price is specifically submitted by the tenderer and arerequired to be provided as part of the Goods/Services will be deemed covered by other rates andprices submitted by the tenderer. If there is any ambiguity or uncertainty over what the rates and/orprices submitted cover, the Council Organisation will be entitled to interpret them.

5.9 Without limiting its rights under clause 5.8, the Council Organisation reserves the right to requestany tenderer to clarify and/or amend its tender and/or negotiate with tenderers.

5.10 The tenderer warrants that all information that it submits:

a) is complete and accurate in all material respects; and

b) does not breach any third partys rights, including intellectual property rights, and the use ofthe information in relation to this RFT will not breach such rights.

6. Acceptance of tender

6.1 The lowest priced, highest scoring or any tender will not necessarily be accepted. The CouncilOrganisation reserves the right to:

a) accept none or any of the tenders;

b) waive any non-conformities or other irregularities or informalities in the RFT process;

c) amend the RFT process or any associated documents;

d) suspend, withdraw or cancel, in whole or in part, the RFT process or withdraw the

contract at any time;e) enter into negotiations with one or more of the tenderers; and/or

f) request additional tenders,

without incurring any liability to any tenderer.


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7. Validity period and outcome

7.1 All tenders submitted will remain open as an offer capable of acceptance by the CouncilOrganisation for the validity period stated in the Schedule to RFT Conditions.

7.2 The Council Organisation reserves the right to extend the validity period and, if it does so, will notify

all tenderers of the new validity period and give them the opportunity to withdraw from this RFTprocess.

7.3 Tenderers will be notified of the outcome of this RFT process.

8. Alternative, tagged and other non-conforming tenders

8.1 The Council Organisation would prefer to receive tenders that comply with the RFT Documents butreserves the right to consider tenders submitted with departures, tags, qualifications, conditions orendorsements (Non-conformities). All Non-conformities must be set out in a statement ofdepartures included with the relevant tender.

8.2 The Council Organisation reserves the right to:

a) evaluate, consider or reject any alternative tender and/or tender with Non-conformities

(whether or not the tender has been submitted with an express statement of the Non-conformity or that statement has been included in a statement of departures);

b) assign a price to a Non-conformity; and/or

c) request any tenderer to withdraw any Non-conformity either with or without an adjustmentto the rates/prices/sum set out in the tender.

8.3 The Council Organisation reserves the right to require tenderers to submit additional information tofacilitate the evaluation of its tender.

8.4

9. Due diligence

9.1 As part of the RFT process, the Council Organisation, its advisors and/or the Administrator maycarry out due diligence investigations of any tenderers that submit tenders.

9.2 Each tenderer agrees to fully co-operate with any due diligence activities (including providing allinformation which may be requested).

10. No obligations

10.1 No legal or other obligations will arise in relation to the conduct or outcome of this RFT process.For the avoidance of doubt, no process contract will apply to this RFT.

10.2 No legal or other obligations will arise in relation to provision of the Goods/Services unless and untila formal written agreement for the provision of those Goods/Services is signed by the CouncilOrganisation and the relevant tenderer.

10.3 The Council Organisation and its agents or advisors will not be liable in contract, tort or in any otherway for any direct or indirect damage, loss or cost incurred by any tenderer or other person in

respect of the RFT process, its conduct or outcome.

11. Method of evaluation

11.1 The intended method of tender evaluation and weightings (where applicable) is set out in theSchedule to RFT Conditions. However, the Council Organisation reserves the right to depart fromthis methodology and weightings.


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12. Ethics

12.1 Tenderers must complete and submit the Conflict of Interest Declaration set out in the RFTDocuments.

12.2 The Council Organisation reserves the right to exclude any tenderer from this RFT process if the

Council Organisation becomes aware that the tenderer has:

a) any undeclared conflict of interest;

b) made any attempt to influence the outcome of the RFT process by canvassing, lobbyingor otherwise seeking the support of any officers, consultants, advisors or electedrepresentatives of the Council Organisation or the Administrator (whether before or afterthe issue of this RFT);

c) engaged in any practice that gives or is intended to give one or more tenderers animproper advantage over any other tenderer; and/or

d) engaged in any practice that is illegal or which the Council Organisation considers to beunfair or unethical (including collusion and secret commission arrangements).

13. Confidentiality13.1 If indicated as such in the Schedule to RFT Conditions, the RFT Documents are confidential.

Tenderers must not release or disclose any RFT Document or any information in an RFTDocument to any other person (other than their employees or advisors) without the express priorwritten consent of the Council Organisation.

13.2 Tenderers must not make any public statement regarding this RFT process without the expressprior written consent of the Council Organisation.

13.3 The Council Organisation may, if it considers it appropriate, require a tenderer to sign aconfidentiality deed before releasing any confidential or commercially sensitive information to thetenderer. The tenderer agrees to sign the confidentiality deed, if requested.

13.4 The Council Organisation reserves the right to exclude any tenderer from this RFT process if the

Council Organisation becomes aware that the tenderer has breached any of the obligations set outin this clause 13.

13.5 The Council Organisation and the Administrator are subject to the Local Government OfficialInformation and Meetings Act 1987. Information provided by tenderers may be required to bedisclosed under that act.

14. Preferred tenderer

14.1 If a tenderer is selected as 'a preferred tenderer' then such selection does not constitute anacceptance by the Council Organisation of the tenderer's tender, or imply or create any obligationson the Council Organisation to award the contract to that tenderer.

14.2 The Council Organisation may at any time, without being liable to the preferred tenderer, cease

discussions or negotiations with any preferred tenderer and not award a contract to that party.

15. Administrator will have no liability

15.1 Clause 15.2 will apply where the Administrator is not the same as the Council Organisation.

15.2 The tenderer acknowledges that the Administrator is a separate legal entity from the CouncilOrganisation and, notwithstanding the Administrators involvement in this RFT process:

a) the Administrator will not be liable in contract, tort or in any other way for any direct orindirect damage, loss or cost incurred by any tenderer or other person in any way relating tothe RFT process, its conduct or outcome; and

b) no legal or other obligations will arise between the Administrator and any tenderer in relationto this RFT process, its conduct or outcome.


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Section D Tender Analysis

1. Detailed information to be included in RFT

Respondents are asked to provide information as to how they will address the scope of servicesoutlined in Section E (maximum one page).


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Section E Scope of Goods/Services Specification

AssetsThe Assets are offered for disposals are on an as is where is basis and include (but are not limited to) thefollowing:

Workshop:

Lane 1 BM Brake Test BM7010 SR004084 1998

Lane 2 BM Brake Test BM 7010 SR004085 1998

Lane 3 BM Brake Test SR005398 2003

Lane 4 HPA Test and Parts 1980

Wet floor signs x 2

Tap Meter x 1

Hella Light testers x 4 1988

Lane closed signs x 2

Battery jump starter 319006 1998Extension ladder

Large compressor 1980

Small compressor 1980

Tyre pressure PCL prestair andhose 1980

Pit step ladder

Floor jacks

Large heavy duty hydraulic Model LY -3 3 Ton 2008

Small jack 2000kg 2001

Bike jack 2000

Suspension bars x 5

Workshop tool box and tools 2007

Diesl Analyser HBN 1500B 2008

Plus 40 petrol analyser 2000

Opus 50D and stand

Pit jacks x 5 1980

Pit lamps 24v x 6

Centre 3200 sound level meter

Tint-Testa MK111

Office:

Chair WC015220

Filing Cabinet WX004945

Chair WC015200

Chair WC015199

Chair WC001800

Chair WC015219

Chair WC006032

Sharp EL2901RH

Filing Cabinet 3 draw WC006057

Safe x 1

Ladder small 3 step

Assorted cabinets x 5


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Lunch Room:

Chairs x 16

Tables x 2 right angle

Tables x 1 square

Fan 318015

Fridge WC015245

Microwave

S/w maker 319012

Stove WC015247

Toaster 320444

Back office:

Filing cabinets x 2

Desk x 1

Bed x 1

Filing cabinet 2 draw x1Chair WC015240

Chair WC006039

Table x 1 square

Members Office:

Desk

Canon P29D 319027

Filing Cabinet 2 draw

Locker room:

Lockers x 15WC015223 toWC015237

Customer DatabaseCustomer Data Base containing details of circa 20,000 numbers of customers.

Collection

It is expected the successful participant (if any) will uninstall and remove all identified assets from the siteprior to 30 June 2014.

Contact Shane King should a site visit be required.


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Section F Terms of Contract

See attached Sale and Purchase Agreement


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Appendix 1 Tender Acknowledgement Form

Not Applicable


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Appendix 2 Tender FormNote: This form must accompany each tender submitted

Tender for VTS Asset Disposal

Identifying number VTS Asset Disposal

CouncilOrganisation Auckland Council

Tenderers acknowledgment

1. The tenderer named below acknowledges and agrees that:

a) It has examined the RFT Documents (as defined in Section C) and is submitting its tender forthe supply of the Goods/Services (also as defined in Section C).

b) It has received and examined the following notices issued in relation to the RFR: (please circlethe Notices you have received)

Notice to Tenderers # 1 2 3 4 5 6 7 8 9 10

c) The prices/rates/sum submitted in the tender includes full allowance for all such notices.

d) The Council Organisation is not bound to accept the lowest priced, highest scoring or any tenderreceived.

e) The terms and conditions set out in Section C apply to this RFT.

f) The terms of contract at Section F will be the terms of contract used if a contract(s) is awardedto the tenderer and the Council Organisation reserves the right to change the terms of contractat its sole discretion.

2. We attach the information to be submitted with this tender.

Name of tenderer

Contact Details Address:

Phone:

Email:

Signed by authorisedsignatory of thetenderer

Name and title ofauthorised signatory

Date


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Appendix 3 Pricing Schedule

(Refer sections 3 and 5 of the RFT Conditions)

Asset Category Number Item Price Total Price

Customer Database Circa 20,000

TOTAL


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Appendix 4 Statement of Departures

Note: This form must accompany each tender submitted (refer clause 8 of the RFT Conditions)


Identifying number VTS Asset DisposalCouncil Organisation Auckland Council

Please tick the applicable statement below:

There are no departures from the requirements of the RFT Documents.

or

There are departures from the requirements of the RFP Documents.There are changes proposed to Councils standard terms and conditions of contract.Our proposal is based on certain assumptions.

Please list below all departures from the standard requirements of the RFP and list all assumptions on whichyour response is based.Please also list any changes you request to Councils standard terms and conditions of contract. No furtherchanges to contract terms will be entertained.

Departures from the requirements of the RFP documents are described in the attached table.

Description of the departure RFPDocumentreference

Proposalreference


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The assumptions on which our proposal is based are described in the attached table.

Assumptions Proposal reference

The proposed changes to Councils standard terms and conditions are described in the attached table.

Signed:

Name of tenderer

Signed by authorisedsignatory of tenderer

Name and title ofauthorised signatory

Date

DraftContract

Reference

Change proposed


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Appendix 5 Conflict of Interest DeclarationNote: This form must accompany each tender submitted (refer clause 12.1 of the RFP Conditions)


Identifying number VTS Asset DisposalCouncil Organisation Auckland Council

CONFLICT OF INTEREST

DEFINITION:

A conflict of interest is a situation in which a participant could gain (or be seen to gain) an unfair advantagethrough an association with an individual or organisation. Associations include financial, personal,professional, family-related or community-related relationships.

Anactualconflict of interest is where there already is a conflict. A potential conflict of interest is where the conflict is about to happen or could happen.

A perceivedconflict of interest is where other people might reasonably think there is a conflict.

QUESTIONNAIRE:

Note: each organization involved in a joint bid must submit a separatequestionnaire and declaration.

QUESTION RESPONSE

Select one answer for eachquestion. Select potentially ifothers could perceive that aconflict exists

1. Does any person in your organization have a close friend orrelative who is (or could be) involved in any evaluation ordecision-making relating to this procurement process?

[yes] / [no] / [potentially]

2. Has any person in your organization recently offered anyspecial discounts, gifts, trips, hospitality, rewards or favours toany person involved in any evaluation or decision-makingrelating to this procurement process?

(e.g. free travel, free samples for personal use)


3.Does any person involved in any evaluation or decision-making relating to this procurement process have a financialinterest in your organization?

(e.g. the person is an employee of, or a shareholder in, yourorganization)


4. Are you aware of anything that might give the appearance thatany person involved in the evaluation stage or decision-makingstage of this procurement process is biased towards or againstyour organization?

(e.g. the person has used your organizations corporate box)


5. Is there anything else that we should know? [yes] / [no]


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If you answered yes or potentially to any of the questions above, please set out the details of thesituation below.

Declaration: I declare that the information provided in this document is true, complete and accurate to thebest of my knowledge and on behalf of the participant identified below, agree to notify the CouncilOrganisation as soon as possible of any conflicts of interest that arise (or could arise) in the future.

Name of participant

Signed by authorised signatoryof the participant

Name and title of authorisedsignatory

Date


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Appendix 6 Auckland Council Contractor Health and SafetyQualification

Not Applicable