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Invitation to Offer No. XXX For the Provision of Goods and/or Services Version 003- dated 1 July 2009

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Page 1: Invitation to offer template - version 003€¦  · Web viewIf a Contract is awarded to the Offeror as a result of this Invitation Process, this Schedule B will be completed by the

Invitation to Offer No. XXX

For the Provision of Goods and/or ServicesVersion 003- dated 1 July 2009

Page 2: Invitation to offer template - version 003€¦  · Web viewIf a Contract is awarded to the Offeror as a result of this Invitation Process, this Schedule B will be completed by the

Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Table of ContentsPART 1 INVITATION TO OFFER DETAILS

PART 2 CONDITIONS OF OFFER

2.1 Conditions of Offer2.2 Additional 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 Process4.2 Evaluation Criteria4.3 Response Forms

PART 5 CONDITIONS OF CONTRACT5.1 Conditions of Contract5.2 Additional Conditions of Contract

PART 6 RESPONSE FORMS

6.1 Offeror Authorisation and Certification

6.2 Departure Details

6.3 Goods and/or Services including Price

6.4 Schedule of Conditions of Contract

6.5 Declaration of Interest and Possible Influences

6.6 Statement of Competitive Neutrality

6.7 Check List

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

PART 1 - INVITATION TO OFFER DETAILS

Offers are invited by the State of Queensland (acting through the <<insert name of department>>) in relation to Invitation to Offer No. <<insert Invitation No.>> 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 - Conditions of Offer; Part 3 - Specifications; and Part 5 - Conditions of Contract.

Unless the context otherwise required or the contrary intention appears, terms defined in the 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 Conditions of Offer):State of Queensland (acting through <<insert name of 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 8.4 of Conditions of Offer):

<<insert the time and date by which offers must be received>> (Queensland time)

3. Cluster Members (clause 1.1 of Conditions of Offer):

<<insert the Cluster Members names associated with the Principal (if applicable)>>

4. Contact Officer (clauses 1.1 and 7.3 of Conditions of Offer):

<<insert name of thePrincipal’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 Contact Officer>>

5. Confidential Information (clauses 1.1 and 12.1 of 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 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 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>>

<<insert packaging requirements, if applicable>>.

If NO: please refer to item 8 or 9 of Part 1, as applicable.

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

8. Lodgement of Offer (clause 8.2 of 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.

OROfferors responding to a select Invitation must first enter this 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 8.6 of 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 8.7 of 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 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 30.5 of Conditions of Offer):

The Customer’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 via www.qld.gov.au/right-to-information. Right to Information applications can be made on-line via http://www.smartservices.qld.gov.au/services/information-requests/home.action.

13. Proposed Timeframe:

The anticipated timeframes for this Invitation are:Release to Market <<insert date>>Cut-off for acceptance of information/clarification questions:<<insert date>>Closure of Invitation <<insert Closing Date>>Commence evaluation <<insert date>>Post-offer negotiations <<insert date>>Award Contract <<insert date>>

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Commencement of Project <<insert date>>Delivery Date / Delivery Period <<insert date>>Completion Date <<insert date>>

The Principal reserves the right to alter the above dates throughout this Invitation Process should the need arise.

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

PART 2. – CONDITIONS OF OFFER

2.1 CONDITIONS OF OFFER

2.1.1 The Conditions of Offer Version 002 - dated 1 July 2009 along with any additional conditions of offer as detailed in clause 2.2, will govern this Invitation Process.

2.1.2 The 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 Conditions of Offer during this Invitation Process.

2.1.4 It is the responsibility of the Offeror to familiarise itself with the contents of the Conditions of Offer and Conditions of Contract.

2.2 ADDITIONAL CONDITIONS OF OFFER

2.2.1 <<insert any additional Conditions of Offer which are relevant to this Invitation>>

2.2.2 <<insert any additional Conditions of Offer which are relevant to this Invitation>>

2.2.3 <<insert any additional Conditions of Offer which are relevant to this Invitation>>

2.2.4 <<insert any additional Conditions of Offer which are relevant to this Invitation>>.

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

PART 3 – SPECIFICATIONS

3.1 PURPOSE

3.2 OBJECTIVE/SCOPE

3.3 BACKGROUND

3.4 REQUIREMENTS

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

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 applicable). The weightings ascribed to each criteria 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.

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

PART 5. – CONDITIONS OF CONTRACT

5.1 CONDITIONS OF CONTRACT

5.1.1 The Conditions of Contract Version 002 - dated 1 July 2009 along with any additional conditions of contract as detailed in clause 5.2, will govern any Contract established as a result of this Invitation Process, unless otherwise specified in Schedule C.

5.1.2 The Conditions of Contract 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 Conditions of Contract prior to entering into a Contract with the Successful Offeror, as and when required.

5.2 ADDITIONAL CONDITIONS OF CONTRACT

5.2.1 <<insert any additional Conditions of Contract which are relevant to the proposed Contract>>

5.2.2 <<insert any additional Conditions of Contract which are relevant to the proposed Contract>>

5.2.3 <<insert any additional Conditions of Contract which are relevant to the proposed Contract>>

5.2.4 <<insert any additional Conditions of Contract which are relevant to the proposed Contract>>

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

PART 6 – RESPONSE FORMS

Note to Offeror:

The Offeror must complete ALL of the following Response Forms as part of its Offer. (clause 2.2).

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:

o individual - specify the full name of the individual; or

o 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)

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

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 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.

Yes No

Are Notices relating to this potential Contract to be directed to the above Contact Name and details?

If ‘NO”, please insert alternative details

Yes No

Is there any part of this Offer of substantial concern to the Offeror, if released under the Right to Information Act 2009 (Qld)?

If “YES”, please specify the component of your Offer and which of the following categories it relates to:

Note: This information is being sought for the purposes of applying any relevant exemptions that might be available under the Right to Information Act 2009 (Qld). However, the Principal can give no guarantee to the Offeror that the information will be protected from disclosure under the Right to Information Act. 2009 (Qld).

Yes No

Specify the component of your Offer: .................................................

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

...

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

...

Please specify which of the following categories is applicable to the above component:

Trade Secret: Yes NoCommercial value: Yes No

Results of research: Yes NoConfidential 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.

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

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………………………………………………………..…………………….<<insert full name of Director>>………………………………………………………..…………………….<<insert full name of Director/Secretary>>

)))))

)

)

)

)

)

)

)

)

)

……………………………………………………………………………….Signature of Director……………………………………………………………………………….Signature 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………………………………………………………..…………………….<<insert full name of Offeror>>in the presence of………………………………………………………………..…………….<<insert full name of witness>>

)))))

)

)

)

)

)

)

)

……………………………………………………………………………….Signature of Offeror

……………………………………………………………………………….Signature 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.

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administrating this Invitation Process and subsequent Contract. 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 and subsequent Contract. 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.

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.2 - Goods and/or Services including Price The Goods and/or Services offered by the Offeror are as follows:

Description Unit Price(Excl. GST)

Price(GST component

only)

Total Price(Incl. GST)

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.

TOTAL OFFER PRICE $

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 the 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).

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.3 -Goods and/or Services including Price (continued)

Specify if the Prices offered are either:

“Firm” - that is the price does not change for the duration of the Contract, unless the scope of the work changes;

OR“Fixed” - that is the price is firm in time and is subject to 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 Contract commencement date or date, within which the proposed pricing will remain firm prior to the application of the variables.Please specify whether the ‘Fixed’ Pricing is subject to:

Exchange Rate fluctuations; Consumer Price Index variations during the previous

year; or Other factors (please provide comprehensive details and

how this will impact on the specified Pricing)

Please note any ‘Fixed’ Pricing movements will be in accordance with clause 10 of the Conditions of Contract.

Yes No

OR

Yes No

Period:…………………… or Date:……………………

Yes No

Yes No

Yes No If “Yes”, please specify full details

Offeror’s Name:

Date:

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.3 - Additional Provisions of the ContractNote 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 Contract will include those specified in the Conditions of Contract 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 Number

Departures

Part 3 – Specifications

Part 5 –Conditions of Contract

Part 6 – Response Form 6.4

Schedules for the Contract

Offeror’s Name:

Date:

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.4 - Schedule for Conditions of Contract

Note to PrincipalThe 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 OfferorIf a Contract is awarded to the Offeror as a result of this Invitation Process, a completed Schedule A, B and C which are completed and acceptable to the Principal will form part of the Contract in accordance with clause 2.1 of the Conditions of Contract 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 a 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 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 PARTICULARS

The below Schedules A, B and C must be read in conjunction with the Queensland Government’s Conditions of Contract Version 002 – dated 1 July 2009 located via www.qgcpo.qld.gov.au – under ‘Standard contract forms’, along with any additional conditions of contract as detailed in Schedule 3. The Conditions of Contract Version 002 – dated 1 July 2009 along with the below Schedules will govern the Contract which may be established as a result of this Invitation Process.

ITEM INFORMATION DETAILS

1. Customer (clause 1.1 - Conditions of Contract):

[Insert full name of the Customer}:

[Insert the Customer’s ABN]:

[Insert the Customer’s address]:

[Insert the name of the person representing the Customer, who will be responsible for the Contract].

[Insert the Customer’s contact person’s email address]

Name: State of Queensland (acting through <<insert name of Government department or agency>>)OR<<insert name of entity, if not the State of Queensland>>

ABN: <<insert Customer’s ABN number>>.

Address:Contact Person:

Email:2. Contractor (clause 1.1 - Conditions of Contract):

[Insert full name of Contractor]:

[Insert Contractor’s ABN]:

[Insert Contractor’s address]:

[Insert the name of the person representing the Contractor, who will be responsible for the Contract].

[The Contractor’s name must be the same name as the Offeror’s name within the Invitation. If different the Offer will be considered as non-conforming.]

Name:ABN:Address:Contact Person:

3. Approved Expenses (clauses 1.1 & 10 - Conditions of Contract):

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

[Insert expenses for which the Contractor will be entitled to be reimbursed].

[Specify the maximum amount payable to the Contractor by the Customer under this Contract, if applicable].

4. Cluster Members (clause 1.1 - Conditions of Contract):

[Insert the Customer names of the ‘Cluster Members’, (if applicable)].

5. Commencement Date (clauses 1.1 & 3 - Conditions of Contract):

[If Contract is to commence on a specified dated then insert date].

6. Completion Date (clauses 1.1, 3 & 6.2(b) - Conditions of Contract):

[[If Contract is to be completed on a specified dated then insert date].

Contract Term (clauses 1.1, 3.1 & 6.1 – Conditions of Contract)

[Specify the term of this Contract]

7. Delivery Date / Delivery Period (clause 1.1 - Conditions of Contract):

[Specify the date or period which the Goods are to be supplied and/or the Services are to be performed].

8. Performance of Services by Key Personnel (clauses 1.1 & 9.1 - Conditions of Contract):

[Insert names of personnel who are to undertake the Services for the Contractor and their qualifications].

Insert “Not Applicable” if there is no Key Personnel].

9. Project Manager (clauses 1.1 & 5 of Conditions of Contract):

[Insert the position title of the nominated Customer officer who will oversee the Contract on the Customer’s behalf].

10. Site (clause 1.1 - Conditions of Contract):

[Insert the site details on where the Deliverable is to be installed, supplied, perform, etc].

11. Provision of the Goods and/or Services - Milestones (clause 6.2(a) - Conditions of Contract):

[Insert description of milestones and proposed achievement dates].

12. Provision of the Goods and/or Services - Periodic or recurrent Services (clause 6.2(c) - Conditions of Contract):

[Insert times/frequency/intervals for performance of periodic or recurrent Services. If Services are not periodic or recurrent, insert ‘Not Applicable’].

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

13. Provision of the Goods and/or Services – Key performance indicators or performance standards (clause 6.4(a) - Conditions of Contract):

[Specify the key performance indicators with which the Services are required to comply].

14. Provision of the Good and/or Services - Assistance to be provided by the Customer (clause 6.5 - Conditions of Contract):

[Specify if any assistance is to be provided by the Customer to the Contractor in relation to the Goods or Services, and specify details].

15. Requirements for Goods and/or Services (clause 7.2 - Conditions of Contract):

[Specify if the Goods are to be other than new and unused condition and of recent origin].

16. Security (clause 14 - Conditions of Contract):

[Specify if a Security is required].

[Specify the nature of the Security (e.g. financial or performance)].

[Specify the time when the Security must be provided by the Contractor to the Customer, (e.g. five Business Days after the Commencement Date)].

[If a financial Security is applicable specify the amount of Security required by the Customer].

17. Intellectual Property Rights (clause 17 - Conditions of Contract):

Clause 17.3 applies

(New Contract Material vests in the Customer)OR

Clause 17.4 applies

(New Contract Material vests in the Contractor) with licence rights to the Customer for Government use.

If “YES” to clause 17.4, clause 17.4(b) applies (Customer has full commercial exploitation rights).

Moral Rights (clause 17 – Conditions of Contract)

17.7(d) [List any specific acts or omissions in relation to Moral Rights in addition to those specified in clause 17.7(a) – (c) that are being consented to.

[If no additional acts or omissions are to be specified insert ‘NIL’ or ‘Not Applicable’.]

Yes

OR

Yes

Yes

18. Confidentiality (clause 18.2(b) - Conditions of Contract):

[Specify whether the Contractor is required to obtain from its officers, employees, agents and sub-contractors a confidentiality undertaking in a form approved or provided by the Customer].

19. Liability (clause 21 - Conditions of Contract):

[Specify the amount of the liability cap (e.g. an amount

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

of $(x) million or (y) times the value of the Contract.)]

For the avoidance of doubt, $0 or no amount specified means liability is unlimited.

20. Insurance – Public Liability (clause 23.1(b) - Conditions of Contract):

[Specify if public liability insurance is required].If “YES”, specify the sum to be insured].

[Specify the public liability insurance policy no.].

[Specify the name of the insurance provider].

[Specify the name on the public liability insurance policy as the “insured”].

[Specify the Contractor’s expiry date of the public liability 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

Yes NoSum Insured:Policy No.;Insurance Provider:Named Insured:

Expiry Date of Policy:

21. Insurance - Professional indemnity (clause 23.1(c) and 23.3 - Conditions of Contract):

[Specify if professional indemnity insurance is required]If “YES” specify the sum to be insured.

[Specify the professional indemnity insurance policy no.].

[Specify the name of the insurance provider].

[Specify the name on the professional indemnity insurance policy as the “insured”].

[Specify the Contractor’s expiry date of the professional indemnity insurance policy].[Professional indemnity insurance covers the consequences of a breach of professional duty and professional negligence. It is only required where relevant, (i.e. if you engage an accountant to provide professional accounting services)].

[Specify if professional indemnity insurance is to be maintained for an alternative period (i.e. other than four years from the Completion Date or termination of the Contract).]If “YES” specify alternative period.

[Specify and provide details if the Contractor is a member of a scheme approved under the Professional Standards Act 2004].]

Yes NoSum Insured:Policy No.;Insurance Provider:Named Insured:

Expiry Date of Policy:

Yes No

Alternative Period:

22. Insurance - Other insurances (clause 23.1(d) - Conditions of Contract):

[Specify if any other insurances are required (e.g. product liability insurance)] If “YES” specify the sum to be insured].

[Specify the other insurance policy no.].

[Specify the name of the insurance provider].

[Specify the name on the insurance policy as the “insured”]

Insurance Policy:

Sum Insured:Policy No.;Insurance Provider:Named Insured:

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

[Specify the Contractor’s expiry date of the above insurance policy].

Expiry Date of Policy:

23. Notices - Customer’s address for notices (clause 31.1(a) - Conditions of Contract):

[Insert address for notices]

[Insert facsimile no.]

[Insert email address].

Address:Facsimile No.:Email Address:

24. Notices - Contractor’s address for notices (clause 31.1(b) - Conditions of Contract):

[Insert address for notices]

[Insert facsimile no.]

[Insert email address].

Address:Facsimile No.:Email Address:

Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administering this Invitation Process and subsequent Contract. 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 and subsequent Contract. 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:

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.4 - Schedule for Conditions of Contract

Note to OfferorIf a Contract is awarded to the Offeror as a result of this Invitation Process, this Schedule B 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 Contract in accordance with clause 2.1 of the Conditions of Contract Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au.

SCHEDULE B – GOODS AND/OR SERVICES INCLUDING PRICING

The following Goods and/or Services including Price forms part of this Contract.

Description Qty Unit Price(Excl. GST)

Sub-total Price(Excl. GST)

Price(GST

component only)

Total Price(Incl. GST)

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.

TOTAL CONTRACT PRICE $

<<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”

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.4- Schedule for Conditions of Contract

Note to OfferorIf a Contract is awarded to the Offeror as a result of this Invitation Process, this Schedule C 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 Contract in accordance with clause 2.1 of the Conditions of Contract Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au.

SCHEDULE C – ADDITIONAL PROVISIONS OF THE ARRANGEMENT

These terms and conditions reflect variations to the standard provisions of this Contract.

The Contract includes the following Additional Provisions to the Specifications and/or Conditions of Contract Version 002 – dated 1 July 2009.

Parts Clause Number Departures

Specifications

Conditions of Contract

DRAFT“FOR INFORMATION ONLY”

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.5 - Declaration of Interest and Possible Influences

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 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 an Eligible 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 6.5 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:

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Response Form 6.6 - Statement of Competitive Neutrality

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 “Not Applicable” box .

To be completed by Government owned entities external to QueenslandFor 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 entitiesFor 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” located at www.treasury.qld.gov.au.

Compliant or Not Applicable

To be completed by Queensland Local Government entitiesThe 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:

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Invitation to Offer for the Provision of Goods and/or Services____________________________________________________________________________________________________________________________________

Response Form 6.7 - 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 Version 002 - dated 1 July 2009, as referenced in Part 2 of this Invitation?

Yes No

2 Have you read and understood the Conditions of Contract Version 002 - dated 1 July 2009, as referenced in Part 5 of this Invitation?

Yes No

3 Are you submitting your Offer in accordance with Part 1? Yes No

4 Have you specified any departures from the Specifications, Conditions of Contract and/or Response Form 6.4, in relation to your Offer, in Response Form 6.3?

Yes No

5 Have you signed your Offer on the “Offer Authorisation and Certification” page of Response Form 6.1?

Yes No

6 Have you answered all questions and responded to all requirements specified in the Response Forms?

Yes No

7 Have you entered the name of your organisation making this Offer in the footer of each Response Form?

Yes No

8 Have you checked all other lodgement requirements of the Invitation to ensure your Offer is prepared and addressed correctly? (Refer to Part 1 and Part 2)

Yes No

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 Conditions of Offer Version 002 - dated 1 July 2009.

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