ird rfp flexible workforce supply of unisys -
TRANSCRIPT
Request For Proposal
for
Flexible workforce Supply of Unisys
COBOL specialists
Ref: 201206300
Month May 2012
Important note:
Please read all sections of this RFP. Submitting a Response to this RFP is deemed
to be the Participant‟s acceptance of the RFP Rules.
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TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................... 2
1 INTRODUCTION .................................................................................... 4
1.1 Purpose of this RFP ......................................................................... 4
1.2 Participation ................................................................................... 4
1.3 Inland Revenue .............................................................................. 4
1.4 Introduction to IT Development Capabilities ....................................... 4
1.5 Introduction to this procurement ....................................................... 6
2 Communication about this RFP ................................................................ 8
2.1 Communication channels ................................................................. 8
2.2 Clarifications .................................................................................. 8
3 The RFP Process .................................................................................... 9
3.1 Stages of the RFP............................................................................ 9
3.2 RFP Timeline .................................................................................. 9
3.3 Submission of Proposals ................................................................ 10
3.4 Evaluation of Proposals .................................................................. 10
3.5 RFP Rules ..................................................................................... 11
3.6 Tax Secrecy ................................................................................. 11
3.7 Due diligence tax checks ................................................................ 11
4 Statement of Requirements .................................................................. 12
4.1 Scope of Flexible workforce supply of Unisys COBOL Specialists .......... 12
4.2 Requirements General ................................................................... 12
4.3 Mandatory Requirements ............................................................... 13
4.4 Resource and Relationship Requirements ......................................... 13
4.5 Service Delivery Requirements ....................................................... 13
4.6 Contractual Requirements .............................................................. 13
4.7 Fees and Charges ......................................................................... 14
5 Proposals from Participants .................................................................. 15
5.1 General ....................................................................................... 15
5.2 Acceptance of tender rules ............................................................. 15
5.3 Due diligence tax checks ................................................................ 15
6 RULES ............................................................................................... 16
6.1 Inland Revenue's Right to Accept or Reject Any Proposal ................... 16
6.2 Status of RFP ................................................................................ 16
6.3 Due Date for Proposals and Late Proposals ....................................... 16
6.4 Cost of Proposal ............................................................................ 16
6.5 Proposals to Remain Open.............................................................. 16
6.6 Pricing ......................................................................................... 16
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6.7 Additional Information May be Included ........................................... 16
6.8 Participants to Inform Themselves .................................................. 17
6.9 Validity of Inland Revenue Information ............................................ 17
6.10 Inland Revenue Information ........................................................... 17
6.11 Reliance upon Statements by Participants ........................................ 17
6.12 Confidentiality .............................................................................. 18
6.13 Advertising and Statements ........................................................... 18
6.14 Evaluation Process and Important Factors ........................................ 18
6.15 Requirements ............................................................................... 19
6.16 Standard Contractual Provisions...................................................... 19
6.17 Rights Reserved by Inland Revenue ................................................ 19
6.18 Satisfactory Proposal ..................................................................... 19
6.19 Joint Proposals ............................................................................. 20
6.20 Inland Revenue to Advise of Outcome ............................................. 20
6.21 Indemnity .................................................................................... 20
6.22 Warranties ................................................................................... 20
6.23 Tax Compliance, Criminal and Company Checks ................................ 21
6.24 Public Finance Law Restrictions ....................................................... 21
6.25 No Canvassing .............................................................................. 21
6.26 Ethics .......................................................................................... 21
6.27 Governing Law.............................................................................. 21
6.28 Definitions and Interpretation ......................................................... 21
APPENDIX 1: Cover Letter – provided as a separate document....................... 23
APPENDIX 2: Detailed Requirements - provided as a separate document ......... 24
APPENDIX 3: IR‟s Standard Terms and Conditions - provided as a separate
document ................................................................................................. 25
APPENDIX 4: IR820 - provided as a separate document ................................. 26
APPENDIX 5: IR822 - provided as a separate document ................................. 27
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1 INTRODUCTION
1.1 Purpose of this RFP
Inland Revenue has released this Request for Proposal (RFP) because it is seeking
to identify a supplier to work with Information Technology Operations and
Services (IT) to provide flexible supply of specialised IT Unisys COBOL resources.
We need to secure key skills and capability which will allow IR to have a flexible
and sustained level of resource trained to a level of competence to work on IR‟s
custom-built mainframe business systems on the UNISYS Clearpath platform.
Suppliers responding or intending to respond to this RFP shall be known as
Participants.
1.2 Participation
This is an open invitation to Participants through the Government Electronic
Tenders Services (GETS).
1.3 Inland Revenue
Inland Revenue's primary outcome is improving the economic and social well
being of New Zealanders.
Inland Revenue undertakes a full range of tax administration functions and
collects approximately 85% of the Government's revenue. Inland Revenue along
with other Government departments administers Working for Families Tax
Credits, Child Support, Paid Parental Leave, the Student Loan Scheme and
KiwiSaver.
Inland Revenue's Our Way Forward and Statement of Intent outline the key
strategies for us over the next three to five years. These documents and other
useful information can be found at www.ird.govt.nz.
1.4 Introduction to IT Development Capabilities
The Development Capabilities are made up of development team that support our
core tax and social policy systems on a Unisys Mainframe, integration and
electronic interfaces and channels, Commercial off the Shelf (COTS) systems,
Internet and Intranet based content management system, Business Intelligence,
data warehouse and Enterprise Resource Planning (ERP) systems based around
the SAP platform. The systems are supported by the Service Management and
Technical and Operations and Database Capabilities within the Information
Technology group at Inland Revenue.
Inland Revenue‟s mainframe IT system is a Unisys ClearPath Libra 690 server
located in Auckland and operated by HP. The core tax and social policy systems
run in this environment and is commonly known as FIRST (Future Inland Revenue
Systems Technology). The FIRST development and DR server is also a Unisys
Libra 690 located in Upper Hutt.
Some statistics about FIRST:
> 6 million online transactions / day (< 1 sec response time)
Unisys Cobol 74 ( 6,000 programs, 60 million lines of code)
~ 6.965 million Customer Base (individuals, businesses, partnerships,
trusts etc)
> 587,000 Student Loan borrowers
> 1.46 million KiwiSaver members
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> 180,000 Child Support custodians
~ 4,700 Tax Agents (represent 1.7million customers)
> 80 million items of output issued per year
> 8 million Returns processed per year
> 8 million Payments processed per year
> $1.8 billion Debt collected per year
> $347 million Child Support collected per year
> $486 million Student Loans collected per year
> $1.7 billion Family Assistance distributed per year
Application Environment
The diagram below is based on our application architecture model, and shows
examples of business applications and systems supporting Inland Revenue.
Other applications and systems are integrated with FIRST to provide additional
functions. With the exception of internal FIRST data and function integration, all
applications are integrated using Enterprise Application Integration (EAI)
software.
The Development Capabilities provide technical design, code development and
configuration, policy, governance, strategy and management services to Inland
Revenue. The development services cover capital projects, both legislative and
non-legislative, essential business and production incidents.
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The Database Capability is responsible for Mainframe DMSII and Oracle databases
including Real Application Cluster (RAC) databases. Applications integrate to this
environment utilising Database access libraries and direct database access.
Supporting the core Unisys based systems are external and internal Portal
applications, utilising IBM Websphere Portal. Integration and middle layer (for
example; B2B and Enterprise Application Integration) using technologies including
JCAPS and Oracle SOA suite and Oracle Weblogic. Customer identities are
integrated using Oracle Identity Manager and access source information from the
core systems. As IR transforms it business and core IT systems, IR will be
exposing its core systems as services and utilising Business Rules authored in
Oracle‟s Rules products.
Key functions are also supported via software package implementation and
configuration and support, including: Seibel, Remedy, Electronic Document
Storage and Retrieval (EDSR), Imaging, xPression, Oracle Enterprise Tax
Management.IR is using Oracle WebLogic Server which forms part of Oracle
Fusion Middleware portfolio and supports Java EE application server, WebLogic
Application Server, Oracle Service Bus (OSB), Enterprise Application Integration
platform and transaction server and infrastructure. IR is running Weblogic server
11gR1 (10.3.4) and SOA Suite 11g (11.1.1.4). As a recent deployment, IR needs
to support projects to integrate solutions into an enterprise architecture solution
for future growth and development, support project demand and support the
support of existing deployments. The design and development specifications
above are applicable for these skills.
Development methodologies followed are waterfall based or a waterfall hybrid,
agile methods are also possible. The methods used are determined by the scope
and nature of the work. The guiding process are defined in IR‟s Business Project
Method (BMP) and Systems Develop Life Cycle (SDLC). Projects are managed via
a programme or project governance group reporting through to an executive
Project Governance & Investment Committee (PGIC). Documentation, process,
stage gates and reporting requirements are maintained electronically on IR‟s
Intranet.
1.5 Introduction to this procurement
The objective is to secure a multi-year term supplier of skilled, experienced and
capable “hit the ground running” resources as required to assist us in meeting the
demands of projects and development service requirements. Objectives of this
procurement process are:
Access to a flexible supply of Unisys COBOL development resource
Retention of IR knowledge through partnering
Sharing risk through partnering
Economies of scale in utilising Third Parties
Reduction of ad-hoc “body shopping”
Introduction of repeatable process through Partnering
We need to secure key skills and capability and the ability to have a sustained
level of resource and a flexible supply trained to a level of competence in IRs
business systems, processes, and technologies .
The nature of the resource supply will be to augment current resources in order
for IR to deliver on current and emerging business demands for the organisation.
1.5.1 Relationship to Development Services Panel
This approach will operate in conjunction with the Development Services Panel.
The Panel is aimed at shorter and more tactical resourcing requirements
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compared to this engagement. Being a member of the Panel will not preclude a
supplier from responding or being a supplier for this engagement.
1.5.2 Relationship to RFQ 201206100 Unysis and COBOL Developer
Inland Revenue have recently been to Market for the similar services under an
RFQ on an Open Tender basis. These engagements and are designed to meet a
short term need for the business until this procurement process delivers a more
strategic solution. Suppliers appointed under 201206100 will not be excluded
from tendering for this engagement.
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2 Communication about this RFP
2.1 Communication channels
All enquiries regarding this RFP must be directed via email to
[email protected]. Please quote reference number 201206300 in any
communication.
Please note that Participants, including any existing suppliers, should not discuss
this RFP with, or direct questions to, Inland Revenue personnel. Questions will
only be accepted in writing via email to the above address. Any breach of this
requirement may result in the exclusion of the party from the RFP process.
2.2 Clarifications
Participants are responsible for identifying any further information required to
prepare their RFP Response („Proposal‟). Any clarifications should be made through the process described in this section 2.
Questions and answers to questions may be summarised and published on the
GETS website. However, Inland Revenue reserves the right not to do this.
Inland Revenue may reword questions as appropriate to provide greater clarity or
relevance to other Participants.
Inland Revenue reserves the right not to provide further clarification to, or
answer questions from, Participants.
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3 The RFP Process
3.1 Stages of the RFP
The RFP process has been split into the following stages:
Stage I
Evaluation of written RFP responses against selected criteria.
Clarification questions with Participants
Short-list identified and approved
Stage II
Shortlisted suppliers issued with presentation agendas and requirements
• Shortlisted suppliers presentations day
Reference checks, Due Diligence will be completed at this stage.
Stage III
Preferred Participants will be selected and invited to enter into further
discussions, workshops and negotiations as required.
Stage IV
Contract Award
3.2 RFP Timeline
The timeline for this RFP process is as follows:
Action Date due
RFP released 02 May 2012
RFP closes 30 May 2012
Evaluation 06 June 2012
Shortlisted participants issued with
presentation agenda‟s 08 June 2012
Presentations 14 June 2012
Due Diligence 22 June 2012
Preferred Supplier Identified 12 July 2012
Contract negotiations 27 August 2012
Contract commencement 28 August 2012
Note: Inland Revenue reserves the right to amend, modify or withdraw this
timeline at any time, at its discretion and without notice.
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3.3 Submission of Proposals
Five numbered and bound Proposals should be submitted in hard copy. A soft
copy must also be provided. Please ensure that all parts, appendices or
schedules, which are required to be included as part of your written response, are
included in the soft copy format. These copies become the property of Inland
Revenue and will not be returned.
Please note that Inland Revenue may, in its discretion, treat either the hard copy
or soft copy version of the Proposal as the public record for the purposes of the
Public Records Act 2005. If there is any discrepancy between the two, Inland
Revenue may, in its discretion, choose which of the two takes precedence, and
that one will be the public record.
All Proposals must be received by Procurement by 12.00 Midday on 30 May 2012
Proposals are to be delivered to:
Inland Revenue
Level 4, Asteron House
55 Featherston Street
Wellington
Attention: Procurement - RFP 201206300
If your soft copy is not too large to be e-mailed, please e-mail it to
[email protected] and quote reference number 201206300 in the subject line.
Otherwise, submit it with the hard copies on a CD.
Inland Revenue's requirements about the form of Proposals and the information
which must be included in them are set out in section 5 below.
3.4 Evaluation of Proposals
3.4.1 Evaluation criteria
Inland Revenue will evaluate each Proposal based on how well it meets Inland
Revenue's requirements. Inland Revenue has identified the following factors as
being important in the evaluation process:
Participant‟s proposed approach to the delivery of a flexible supply for
Unisys COBOL specialist services including the qualifications and/or
experience of proposed personnel, including details of currency with
technology sets (Working with applicable versions used in IR) and
technology used with IR‟s environment.
Participant‟s experience, capability and capacity in delivering to the
requirements, the ability to increase or decrease the resource supply
based on demand;
Participant‟s proven track record in Government or relevant industry
sector;
Participant‟s security and management processes including contingency
and risk mitigation strategies;
Participant‟s proposed level of investments in IR knowledge of IR systems
and process until such time as the group is at an appropriate level to work
autonomously.
Acceptance by the Participant of the form of Agreement attached as
Appendix 3 of this Proposal or the extent to which the Participant wishes
to depart from it.
The above list of evaluation criteria is not exhaustive, and the criteria are not
listed in any order of priority or with any indication as to relative weightings.
3.4.2 Changes to evaluation criteria
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Inland Revenue may, at any time (including after receipt of Proposals), change
the criteria listed in section 3.4.1 and/or the weighting it places on each criterion
without notifying Participants. Inland Revenue will determine (in its sole
discretion) how the evaluation of any Proposal will be undertaken.
3.5 RFP Rules
The Rules that will apply to and throughout this RFP Process are provided in
section 6. If there is any conflict between the Rules and any other part of
this RFP, the Rules take precedence.
3.6 Tax Secrecy
As part of the RFP Process, Inland Revenue may need to share information with
the Participants that is considered tax secret under the Tax Administration Act
1994.
To ensure that tax secret information can be shared with you, please have all
personnel involved in preparing your bid complete the certificate of secrecy form
(IR820) attached in Appendix 4 and return those IR820 forms with your Tender
Response.
3.7 Due diligence tax checks
As part of Inland Revenue‟s due diligence process the chosen supplier or suppliers
will be required to be reviewed for tax compliance.
Please complete the attached IR 822 form at Appendix 5 that authorises Inland
Revenue to review your taxation records and return this with your proposal.
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4 Statement of Requirements
4.1 Scope of Flexible workforce supply of Unisys COBOL Specialists
4.1.1 In Scope
The following Deliverables are in scope:
Provision of specialist resources with key skills and capability which will
allow IR to have a flexible and sustained level of resource trained to a
level of competence to work on IR‟s custom-built mainframe business
systems on the UNISYS Clearpath platform.
Augment IR resources in order for IR to deliver on current and emerging
business demands for the organisation.
Maintain a training program for inducting developers with standard Unisys
COBOL 74 and utilities (e.g. WFL, Cande, ERGO, etc.1 ) and the IR system
and development environment. This may include the development,
update and maintenance of a training program based on IR ad-hoc
collateral.
The management of the retained knowledge, training and pipeline
information.
Participants will be invited to provide details in their RFP response of other
reporting and management approaches they provide which could benefit IR.
Inland Revenue will consider proposals that utilise a resourcing delivery model
that achieves the outcomes of the RFP and provides a cost effective model,
including but not limited to the ability to provide services on-site at IR.
4.1.2 Out of Scope
For the avoidance of doubt, the following is not in scope for supply:
Unisys Mainframe Hardware, Database or Mainframe Software and
Mainframe Operations Services.
Detailed requirements are contained in Appendix 2
4.2 Requirements General
All requirements are set out (as shown below) in the table attached at Appendix
2. Participants must use this table to respond to the requirements listed and
return this completed appendix with other supporting documentation as described
in section 5.
Fig 1: Requirements Format
Expertise and Experience
EE006 Description: Detail your organisation‟s experience/history of
providing services to similar organisations such as IR
Response:
Each Requirement is listed under a general heading and has a reference number
followed by a description of the requirement. The description will ask Participants
to either; confirm, outline, explain or detail their response. This instruction relates
1 This is not an exhaustive list of utilities used in the IR environment
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to the amount of written information that the participant should provide as
follows:
Confirm – This may be a yes/no answer, or where requested a sentence
confirming the requirements or providing the information
Outline – A summary or paragraph[s] relating to the requirement, within
half a page of A4 or 300 words
Explain – A full response to the requirement within two pages of A4 or
1000 words
Detail – Requiring a full, detailed response covering the requirement.
Where the instruction asks for a separate document Participants must
cross reference this with the requirement reference
The final box must be used for participant responses, including any cross
referencing to separate documents.
4.3 Mandatory Requirements
Some of the requirements outlined in the Statement of Requirements in Appendix
2 are Mandatory Requirements. This means that these requirements are
considered essential to Inland Revenue in the provision of flexible workforce
supply of Unisys COBOL Specialists.
4.4 Resource and Relationship Requirements
IR will require the following competencies and skills of the specialist resources:
A high level of technical knowledge, expertise and leadership, with
advanced analysis and design ability in IR‟s business systems
environment, incorporating integration across a number of information
systems and platforms to ensure the delivery of quality IT solutions to
meet the business requirements;
A driving attitude for collaboration and success;
A solid and proven understanding of the software development lifecycle
and Inland Revenues project management practices, methodologies,
industry standards, IT security and Enterprise Architecture;
Comprehensive written and verbal communication skills, including the
ability to understand different forums and communicate appropriately;
Excellent people and relationship management skills;
Facilitation, negotiation and problem resolution skills; and
Highly developed organisational skills to ensure deadlines and quality
objectives are met.
The requirements of the service provider defined in Appendix 2 details how the
service provider proposes to manager the account, the resources provided, the
approach to staff training and knowledge management and how the organisation
communicates to ensures everyone in the environment is informed as required.
4.5 Service Delivery Requirements
Requirements outlined in the Statement of Requirements in Appendix 2 are for
the provision of services from organisations that have experience/history of
providing the proposed services to New Zealand government or large corporate
organisations. The expectation of the service provider is that the service includes
work management and leadership of the team as well as the expectation that the
people allocated to do the work within the reporting lines and are capable and
experienced to deliver the types of activity defined.
4.6 Contractual Requirements
Appendix 3 of this RFP provides a copy of Inland Revenue‟s Standard Contractual
Provisions. Participants are to read these provisions and confirm their agreement
Page 14 of 27 02/05/2012
to them or, using the table format below, identify those provisions you wish to
discuss with a clear indication of the particular points of concern. Participants
agree that they will not attempt to negotiate any changes to Inland Revenue's
Standard Contractual Provisions which have not been raised in their Proposal.
Clause
Participant comment / issue Proposed alternative
wording
4.7 Fees and Charges
Participants are asked to detail their standard pricing model for these Services,
covering all charges associated with delivery. The pricing model is to reflect the
transfer of skills and knowledge from IR and be retained for re-use. and detail
how IR will expect to see an economy of scale through repeatable process and
efficiencies gained in the ability to develop and implement changes within IR
systems
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5 Proposals from Participants
5.1 General
5.1.1 RFP responses (Proposals) must:
have a cover letter in the form attached to this RFP as Appendix 1;
Detailed requirements response form Appendix 2;
Mandatory Forms Appendix 4 and 5;.
5.1.2 Proposals must be submitted in accordance with section 3.3.
5.1.3 The Proposal must follow the structure set out in the table contained in
Appendix 2, with Proposal content presented in the format provided.
5.1.4 A response must be provided for every requested item of information in
this RFP.
5.1.5 If an answer to a question in one section is identical for another,
Participants should repeat the relevant text in the question response area.
Do not refer to an answer provided in another section, e.g. “see question
1.1 for response”.
5.1.6 Where additional information about Inland Revenue, its systems, policies
and/or infrastructure is needed before an adequate response can be made
to any question, please attempt to obtain that information from Inland
Revenue through the process outlined at section 2.2 rather than including
assumptions in your Proposal. Your Proposal must, however, identify
where you have made assumptions, and the impact of those assumptions.
A response which is too general, like “it depends upon Inland Revenue” or
“more information required”, will be considered inadequate.
5.2 Acceptance of tender rules
Section 6 provides the Rules that will apply to and throughout this RFP Process.
Participants are to review these Rules and confirm compliance with them. In the
event of any uncertainty or concerns, the Participant is asked to contact Inland Revenue using the procedure outlined in section 2 and detail the comments /
concerns. If there is any inconsistency between the Rules and the rest of this RFP,
the Rules will take precedence.
5.3 Due diligence tax checks
Please complete the attached IR 822 form that authorises Inland Revenue to
review your taxation records.
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6 RULES
These Rules have been drafted in consultation with Corporate Legal and cannot
be changed without prior consultation with Corporate Legal or National
Procurement.
The following Rules apply to the RFP process. By submitting a Proposal or
otherwise participating in the RFP process each Participant accepts that it is
bound by the Rules.
6.1 Inland Revenue's Right to Accept or Reject Any Proposal
Inland Revenue reserves the right to accept or reject any Proposal, regardless of
whether it conforms with, or is submitted in accordance with, the requirements of
this RFP. Inland Revenue further reserves the right to vary or cancel the RFP
process and/or reject all or any of the Proposals at any time prior to signing of
any Agreement.
6.2 Status of RFP
This RFP does not constitute an offer by Inland Revenue to acquire any Goods or
Services or enter into an Agreement with any Participant for the supply of all or
part of any related Goods or Services.
6.3 Due Date for Proposals and Late Proposals
6.3.1 Inland Revenue may extend the due date for any Proposal or any part of it
at its discretion. Inland Revenue reserves the right to accept or decline
late Proposals at its discretion.
6.3.2 Inland Revenue reserves the right to vary the RFP timetable described in
this RFP (including the activities and timing) at any time in its absolute
discretion. Inland Revenue may vary the timetable applicable for any
particular Participant, without having to make any such variation for all of
the Participants.
6.4 Cost of Proposal
Each Participant shall be responsible for all costs associated with the development
and submission of its Proposal.
6.5 Proposals to Remain Open
Each Proposal must remain open for consideration by Inland Revenue for a
minimum period of six months after the due date for Proposals stipulated in this
RFP.
6.6 Pricing
6.6.1 Each Participant must guarantee that the pricing for its Proposal will be
valid for the validity period set out in Section Error! Reference source not found. . All prices must be in New Zealand dollars and exclusive of
GST.
6.6.2 Where a Participant has made any assumption that Inland Revenue or any
third party will incur any set up cost for the proposed Deliverable, or in
relation to the ongoing provision of the Service, the Participant must
clearly state what those activities are and estimate the likely costs of such
activities.
6.7 Additional Information May be Included
Information not specifically requested in the RFP but believed by the Participant
to be of value in evaluating its Proposal should be included as an addendum to
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the Proposal or any other written response to this RFP process. Where there is
reference to published manuals, the relevant extracts only from those manuals
should be placed in the addendum. The addendum must not include any
advertising brochures or similar materials.
6.8 Participants to Inform Themselves
6.8.1 Each Participant will be responsible for ensuring that it has:
a. examined this RFP, any documents referenced by this RFP and any
other information made available by Inland Revenue to it;
b. identified and obtained any additional information it may require to
cost and provide firm pricing for the Services which meets Inland
Revenue's requirements;
c. considered all the risks, contingencies and other circumstances
having an effect on any Proposal; and
d. satisfied itself as to the correctness of any Proposal and of the
costing stated in any Proposal and the sufficiency of the Services
proposed in any Proposal to meet Inland Revenue's Requirements.
6.8.2 If a Participant has any doubts as to the meaning of any part of this RFP it
must immediately communicate that doubt to Inland Revenue‟s designated
contact. If, for any reason, this is not possible, the Participant should,
when submitting its Proposal, set out in a covering notification the
interpretation it has used. Any assumption made in the preparation of a
Proposal must be documented.
6.9 Validity of Inland Revenue Information
6.9.1 While Inland Revenue has used reasonable efforts in compiling this RFP, it
will not be liable to any Participants or any third party for any inaccuracy
or omission in this RFP or any additional information Inland Revenue may
provide during the RFP process.
6.9.2 No assurances or representations are made by Inland Revenue generally,
whether before or after the issue of this RFP or during the RFP process,
and each Participant acknowledges that it has not relied upon any express
or implied statement, representation or warranty as to the truth, accuracy
or completeness of the information contained in this RFP or otherwise
provided by Inland Revenue to the Participant.
6.10 Inland Revenue Information
6.10.1 Except to the extent required by law, Inland Revenue may withhold any
information from any Participant and will not be responsible to any person
for any information. However, Inland Revenue will attempt to provide
information reasonably required by a Participant to assist in the
preparation of its Proposal where this is requested by the Participant.
6.10.2 Inland Revenue may, in its sole discretion, distribute some or all of the
details of any request for further information from a Participant together
with some or all of Inland Revenue's response, but Inland Revenue is
under no obligation to distribute any such details.
6.11 Reliance upon Statements by Participants
6.11.1 Inland Revenue may rely upon all statements made by any Participant in
any part of its Proposal and in subsequent correspondence or negotiations
with Inland Revenue or its representatives.
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6.11.2 Each Participant will notify Inland Revenue of any inaccuracy in relation to
its Proposal (or any additional information provided by the Participant) as
soon as it becomes aware of the inaccuracy.
6.11.3 Upon learning that a Participant's Proposal contains a material inaccuracy,
Inland Revenue may, in its discretion, disengage from negotiations with
the Participant (if relevant). The Participant will be responsible for all
costs and expenses incurred by Inland Revenue in connection with the
inaccuracy.
6.12 Confidentiality
Each Participant will maintain confidentiality at all times, and will not at any time,
directly or indirectly:
a. disclose or permit to be disclosed to any person;
b. use for itself; or
c. use to the detriment of Inland Revenue;
any Confidential Information except:
d. as is already or becomes public knowledge and is obtained from
that public source otherwise than as a result of a breach by the
party disclosing or using that Confidential Information of any
provision of this RFP; or
e. for the purpose of providing a Proposal (and only to the extent
absolutely necessary for that purpose) and, without limiting the
effect of this clause, a Participant may disclose Confidential
Information only to those of its officers, employees, professional
advisers and agents on a "need to know" basis, as is required for
the purpose of providing a Proposal.
6.13 Advertising and Statements
No advertising, press release, public statement or other information relating to
this RFP, any Proposal or any Agreement shall be published in any newspaper,
magazine, journal or other medium without the prior written consent of Inland
Revenue.
6.14 Evaluation Process and Important Factors
6.14.1 Evaluation criteria are provided in section 3.4.1 of this RFP. This
information is provided to ensure the Participant has the best possible
understanding of Inland Revenue‟s Requirements. However, as set out in
section 3.4, the evaluation criteria set out in 3.4.1 are not exhaustive,
may be changed by Inland Revenue, and are not set out in order of
priority or with any indication of relative weighting.
6.14.2 Inland Revenue may cease assessing any Proposal or Participant at any
time during the RFP process.
6.14.3 Information relating to the evaluation and comparison of Proposals is
confidential to Inland Revenue.
6.14.4 To assist in the examination and evaluation of Proposals, Inland Revenue
may, at its discretion, seek further details or clarifications from a
Participant about any aspect of its Proposal. Inland Revenue will not be
obliged to seek the same clarification or additional information from each
Participant.
Page 19 of 27 02/05/2012
6.14.5 Each Participant authorises Inland Revenue to collect any information from
the Participant and relevant third parties (such as referees) and to use
that information in evaluating the relevant Proposal.
6.15 Requirements
The Requirements specified in this RFP reflect those known to Inland Revenue at
the time of releasing this RFP. Inland Revenue reserves the right to vary or add
to the Requirements prior to completion of any Agreement.
6.16 Standard Contractual Provisions
Inland Revenue reserves the right to amend the Standard Contractual Provisions
annexed to this RFP in its sole discretion at any time prior to the contract which
incorporates them being executed by Inland Revenue and the successful
Participant. Such amendments may be substantial.
6.17 Rights Reserved by Inland Revenue
Without limiting any other Rule, Inland Revenue reserves the right to at any
time:
a. apply, or change any criteria relating to participation in this RFP
process or evaluation of Proposals;
b. exclude or include any Participant in this RFP process for any
reason at any time, without notice;
c. restrict or deny the supply of, or access to, any Inland Revenue site
or any other property or any of Inland Revenue's personnel,
information or property to any person;
d. change any Rule for all or any of the Participants;
e. enter negotiations with any Participant at any time and on any
terms and conditions;
f. re-advertise this RFP in whole or in part;
g. provide any assistance, information or equipment (including
software) to any Participant or any other person at any time
without providing this to, or involving or doing the same with any
other Participant (whether before, during or after this RFP process);
h. not accept the lowest price for any Proposal, or enter into any
Agreement, and/or not give any reason for any rejection, failure or
otherwise of any Proposal, or any suspension or cancellation of this
RFP process.
6.18 Satisfactory Proposal
6.18.1 Inland Revenue reserves the right to:
a. select individual components offered in a Proposal (subject to the
Participant's Agreement where the Participant has specifically
indicated in the Proposal that certain components must be taken
collectively);
b. propose the composition of a consortium based on the Proposals
received; and
c. negotiate directly with any consortium member included in the
Proposal.
6.18.2 A Participant must not restrict Inland Revenue's ability to exercise these
rights.
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6.19 Joint Proposals
6.19.1 Joint proposals submitted by more than one Participant may be accepted
provided that:
a. no ROI process preceded the RFP which required qualification of the
Participants by Inland Revenue; or
b. both parties qualified through the ROI process.
6.19.2 Inland Revenue prefers all Participants which are party to a joint Proposal
to indicate their willingness to negotiate independently with Inland
Revenue should Inland Revenue wish to separate the joint Proposal.
6.19.3 For any joint proposals, a primary contact point must be identified as the
single point of contact for all matters relating to this RFP and RFP process,
including, for the avoidance of doubt, the negotiation of all contractual
arrangements if the joint proposal is selected.
6.19.4 Where a joint proposal is submitted, both Participants accept that they are
jointly and severally liable in relation to their joint proposal.
6.20 Inland Revenue to Advise of Outcome
6.20.1 Inland Revenue will advise each Participant of the outcome of its Proposal.
Inland Revenue shall be under no obligation to give any reasons for its
rejection of any Proposal.
6.20.2 During the RFP process, Inland Revenue may, if it decides to proceed with
the completion of the RFP process, select a preferred Participant(s). The
preferred Participant(s) will, if required by Inland Revenue, enter into good
faith negotiations with Inland Revenue in respect of an Agreement for the
provision of the Deliverables described in this RFP.
6.20.3 Notification of selection of any preferred Participant or Proposal will not
give rise to any binding legal obligation between the relevant parties.
6.20.4 Inland Revenue will not be liable (in contract or tort, including negligence
or otherwise) for any direct or indirect costs, damages or losses (including
loss of profits or business) to any Participant or other person in relation to
this RFP or the RFP process.
6.21 Indemnity
If a Participant breaches any Rule, any warranties given under these Rules or
otherwise given in the RFP process, or any other condition of the RFP and, as a
result of that breach, Inland Revenue incurs costs or losses (including, without
limitation, the cost of any investigations, procedural impairment, repetition of all
or part of the RFP process or enforcement of Intellectual Property rights or
confidentiality obligations), then that Participant shall indemnify Inland Revenue
against such costs or losses.
6.22 Warranties
6.22.1 Each Participant warrants that:
a. all information provided by it is complete and accurate in all
material respects, and
b. the provision of information to Inland Revenue, and the copying
and other use of it by Inland Revenue for the evaluation of
Proposals and for the negotiation of any resulting contractual
agreement, will not breach any third party Intellectual Property
rights.
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6.23 Tax Compliance, Criminal and Company Checks
In recognition of the unique requirements of doing business with Inland Revenue,
a Participant or any of its personnel may be required to undergo a tax
compliance, criminal and/or company check. Participation in this RFP process by
a Participant authorises Inland Revenue to undertake a tax compliance, criminal
and/or company check of that Participant or its personnel if desired. This
requirement includes any subcontractors nominated by the Participant in their
Proposal.
6.24 Public Finance Law Restrictions
Each Participant accepts Inland Revenue is restricted by laws controlling Inland
Revenue incurring credit (including prepayments), entering finance leases and in
respect of the giving of guarantees, indemnities and other contingent liabilities.
6.25 No Canvassing
Participants must not attempt to influence the outcome of the RFP Process by
canvassing, lobbying or otherwise directly or indirectly seeking support of Inland
Revenue personnel.
6.26 Ethics
Each Participant represents and warrants that it has not and will not engage in
any practices that give one Participant an improper advantage over another,
and/or engage in any unfair and unethical practices, including, in particular, any
collusion, secret commissions or such other improper practices.
6.27 Governing Law
This RFP will be construed according to and governed by New Zealand law and
each Participant agrees to submit to the non-exclusive jurisdiction of New
Zealand courts in any dispute concerning this RFP process or any Proposal.
6.28 Definitions and Interpretation
6.28.1 The following definitions apply to this document:
Agreement means any contract or contracts to be signed by any successful
Participant and Inland Revenue.
Confidential Information means any information (regardless of the form of
disclosure or medium of storage):
contained in or relating to this RFP or the RFP process;
relating to Inland Revenue and/or its business, operations, Participants,
taxpayers, systems and/or personnel;
disclosed by Inland Revenue in relation to this RFP process; or
relating to Inland Revenue which, due to its nature, might reasonably be
expected by any party to be kept confidential.
Deliverables mean the Goods and Services specified in the Requirements.
Goods means all tangible products, equipment, parts and other items being
proposed for supply to Inland Revenue.
Inland Revenue means Her Majesty the Queen in Right of New Zealand acting
by and through the Commissioner of Inland Revenue or his or her duly authorised
delegate.
Intellectual Property means patents, registered designs, trade marks
(including logos, get up and trade dress), domain names, copyright, personality
rights, know-how and trade secrets, confidential information and all other
Page 22 of 27 02/05/2012
intellectual property, in each case whether registered or unregistered (including
applications for the grant of any of the foregoing) and all rights or forms of
protection having equivalent or similar effect to any of the foregoing which may
subsist anywhere in the world.
Participant means any person or company participating in this RFP process.
Proposal means the quotation/proposal developed and submitted by a
Participant in response to this RFP including any other written response or
information provided by that Participant during the RFP process.
Requirements are the requirements of Inland Revenue, as detailed in this RFP
document.
RFP means this document and all of its schedules, appendices and attachments.
RFP process means the end to end process described in this RFP by which
Inland Revenue may, or may not, select a supplier or suppliers.
Rules means the rules set out in this section 6.
Services means all Services in scope, or being proposed, for supply to Inland
Revenue.
6.28.2 Headings in this RFP are inserted for convenience only and shall be
ignored in construing this RFP.
6.28.3 Except to the extent that the context otherwise requires, any reference in
this RFP to a "person" includes an individual, company, corporation, local
authority, an association of persons whether corporate or not, a trust or a
state or agency of a state whether of central government or local
government (in each case, whether or not having separate legal
personality).
6.28.4 Except to the extent that the context otherwise requires, in this RFP:
a. words denoting the singular number also include the plural and vice
versa and words denoting any gender include all genders; and
b. an example or an inclusion does not limit what else may be
included.
Page 25 of 27 02/05/2012
APPENDIX 3: IR’s Standard Terms and Conditions
- provided as a separate document