Insert School
logo (if available)
REQUEST FOR
QUOTATION (RFQ)
[School name]
Ten Year Property Plan (10YPP) Consultant
Release Date: [Choose date]
Closing Date: [Choose date]
<<This RFQ template is for the sole purpose of engaging a consultant to prepare a 10YPP.
<<All 10YPP consultants must have completed a set of training to qualify for 10YPP planning.>>
<<The Ministry will not accept a 10YPP from consultants who have not completed the requisite
training.>>
<<You must select a minimum of one potential supplier that has completed the 10YPP training
modules from the “10YPP Consultant List” available on the Ministry’s website for this RFQ.
< Please refer to the Ministry website for further 10YPP information.>>
<<Remember to delete all guidance notes before issuing of RFQ.>>
Layout of this RFQ
This RFQ is set out with the following sections:
Section 1 – Request for quotation
Contains all the details you need to know about the
RFQ.
Section 2 – Scope of Services
Contains background and all the details you need to
know about Clients requirements, Scope of Services,
School Property Plan Specification, and any other
additional information and documentation to attach as
appendices.
Section 3 – Supplier response template
This is the section that must be completed by the
Supplier and is split into two parts:
Note: Part A and B should be submitted as two separate documents.
PART A
-
Pre-conditions
- Insurance Requirements
- Supplier Profile
- Named (key) Personnel
- Response to the RFQ
PART B
-
Referees; and
-
Supplier’s Declaration
-
Pricing
Section 4 – RFQ Rules
Section 5 – Conditions of Contract
Conditions of Contract for Consultancy Services
Section 6 – Appendices
Contains all other relevant documentation included in
for this RFQ that will form part of the Contract
documents.
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Contents
Section 1 – Request for Quotation............................................................................................... 4
1.
General Information .................................................................................................................... 4
2.
How your proposal will be evaluated .......................................................................................... 5
Section 2 – Scope of Services ..................................................................................................... 7
1.
Background................................................................................................................................. 7
2.
Our requirements ........................................................................................................................ 7
3.
Specification ............................................................................................................................... 7
4.
Other information ........................................................................................................................ 8
Section 3 – Supplier response template...................................................................................... 9
PART A .......................................................................................................................................... 9
1.
Pre-Conditions ............................................................................................................................ 9
2.
Insurance Requirements ............................................................................................................ 9
3.
Supplier profile .......................................................................................................................... 10
4.
Named (key) personnel ............................................................................................................ 10
5.
Response to the RFQ ............................................................................................................... 11
6.
Referees ................................................................................................................................... 12
7.
Supplier’s Declaration ............................................................................................................... 13
PART B ........................................................................................................................................ 15
1.
Pricing ....................................................................................................................................... 15
Section 4 – RFQ Rules ................................................................................................................ 17
1.
The Rules of the RFQ ............................................................................................................... 17
Section 5 – Conditions of Contract............................................................................................ 20
1.
Conditions of Contract for Consultancy Services ..................................................................... 20
Section 6 – Appendices .............................................................................................................. 21
1.
Appendices ............................................................................................................................... 21
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Section 1 – Request for Quotation
1.
General Information
Description
1.1
The [insert School Name] (the School) (“The Client”) is looking for quotations from Suppliers to fulfil a
10YPP Consultant role for the Client.
1.2
Responsibilities of a 10YPP Consultant include the preparation and delivery of a good quality 10YPP
as specified in the Scope of Services and the Ministry of Education’s (the Ministry) School 10 Year
Property Plan Specification.
Contract term
1.3
The table below outlines the expected term of the contract. Any extension to the initial term of the
contract will be made in accordance with the Conditions of Contract.
Description
Initial Term
Maximum Contract Term
Years
From contract start date to confirmation of the
School’s approved 10YPP
For the duration of the 5YA
Understand our requirements
1.4
Make sure you fully read this document before starting to write your response. In particular develop a
strong understanding of our Requirements and how your quotation will be evaluated.
Changes to our process
1.5
If we need to change anything about this process or want to provide Suppliers with additional
information we will let all Suppliers know by issuing a Notice to Suppliers.
Suppliers’ enquiries
1.6
Enquiries must clearly and concisely set out what requires clarification or what further information is
sought. The School’s RFQ contact person will endeavour to respond in writing to all inquiries within
three working days of their receipt.
Our contact person
1.7
Please direct all enquiries to our contact person. You must not attempt to gain information from any
other member of our staff.
Description
Details
Name of contact
[enter name]
Email address
[enter email]
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Our address for proposals
1.8
Submit your response by email to the address shown in the table above. Submit parts A and B of your
quotation in separate documents.
Our timeline
1.9
The following information sets out our process and indicative timeline.
Description
Date
Time (am/pm)
Deadline for quotations (closing date):
[Click here to enter a date]
[enter time]
Select successful supplier and notify
unsuccessful suppliers:
[Click here to enter a date]
[enter time]
Anticipated contract start date:
[Click here to enter a date]
[enter time]
Please note: All times are New Zealand time. We reserve the right to alter the timeline if required.
2.
How your proposal will be evaluated
2.1
The Ministry’s Procurement Policy is to obtain best overall value for money. While price is a factor to
the Ministry, it is essential that other criteria are met. Compliant quotations will be assessed against
the Ministry’s Evaluation Criteria.
2.2
Quotations will be evaluated against the criteria listed below using a weighted attribute model.
2.3
A weighted attribute evaluation model will be used to evaluate non-price criteria and determine nonprices scores for each quotation. Following this, a value narrative method will be used to compare
quotation prices and non-price scores and decide which combination of price and non-price score
represents the best value for money.
Evaluation criteria and weightings
No.
1
2
3
Criteria
Capability
(40%)
Capacity
(30%)
Pricing
(30%)
Sub-criteria
Weighting (%)
Qualifications and Training
(additional to requisite training)
25%
Relevant experience and Track record
(includes work outside education sector)
15%
Sufficient resources
15%
Availability of named (key) personnel
15%
Price
30%
100%
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Evaluation rating scale
2.4
For your information the following rating scale will be used to score each criterion. Please note that if
your score is below three for any of the above criteria then the Client may exclude your quotation from
this process.
Rating
Definition
EXCELLENT –
significantly exceeds our
requirements
Exceeds the requirement. Exceptional demonstration by
the Supplier of the relevant ability, understanding,
experience, skills, resource and quality measures required
to provide the services or works. Response identifies
factors that will offer potential added value, with
supporting evidence.
9-10
GOOD – exceeds our
requirements in some
aspects
Satisfies the requirement with minor additional benefits.
Above average demonstration by the Supplier of the
relevant ability, understanding, experience, skills,
resource and quality measures required to provide the
services or works. Response identifies factors that will
offer potential added value, with supporting evidence.
7-8
ACCEPTABLE – meets
the requirements at a
minimal level
Satisfies the requirement. Demonstration by the Supplier
of the relevant ability, understanding, experience, skills,
resource, and quality measures required to provide the
services or works, with supporting evidence.
5-6
MINOR RESERVATIONS
– marginally deficient
Satisfies the requirement with minor reservations. Some
minor reservations of the Supplier’s relevant ability,
understanding, experience, skills, resource and quality
measures required to provide the services or works, with
little or no supporting evidence.
3-4
SERIOUS
RESERVATIONS –
significant issues that
need to be addressed
Satisfies the requirement with major reservations.
Considerable reservations of the Supplier’s relevant
ability, understanding, experience, skills, resource and
quality measures required to provide the services or
works, with little or no supporting evidence.
1-2
UNACCEPTABLE –
significant issues not
capable of being resolved
Does not meet the requirement. Does not comply and/or
insufficient information provided to demonstrate that the
Supplier has the ability, understanding, experience, skills,
resource & quality measures required to provide the
services or works, with little or no supporting evidence.
Page 6 of 21
Score
0
Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Section 2 – Scope of Services
1.
Background
1.1
The Ministry of Education’s “NZ School Property Strategy 2011-2021” states priority work areas to
ensure that schools are safe and in good physical condition. The priorities are:
1.
School Property is well managed
The Ministry of Education is seen as a high quality property manager and advisor to government.
2.
Schools are fit for purpose
State schools are safe environments that empower students and teachers to succeed.
3.
High-performing portfolio of schools
The portfolio of state schools responds to changes in demand and is well utilised and efficiently
run.
1.2
As part of this strategy the Ministry requires school boards to engage a qualified Ten Year Property
Plan (10YPP) 10YPP Consultant to develop a 10YPP for their school.
1.3
Information about the School and what we do can be found at:
<<Insert school website or other information that Suppliers can access.>>
2.
Our requirements
10 Year Project Plan (10YPP) Planning Services
2.1
A 10YPP is the framework for a continuous schedule of property work over a 10-year period to make
sure school buildings are well maintained, have the right amount of space at the right standard and
meet school curriculum needs.
2.2
A 10YPP is a mandatory part of the Five Year Agreement (5YA) funding approval cycle and supports a
school’s bid for other capital funding. It must include a programme of works that a school intends to
undertake with its funding over a ten year period.
2.3
The Background, deliverables and outcomes for the 10YPP services are set out in the Ministry’s
School 10 Year Property Plan Specification.
3.
Specification
School Property Plan Specification
3.1
The Consultant shall deliver and manage this contract in accordance with all requirements of the
Ministry’s School 10 Year Property Plan Specification
3.2
The Consultant shall engage the relevant board, school and Ministry representatives at the required
stages as identified in the School 10 Year Property Plan Specification.
3.3
The School 10 Year Property Plan Specification can be downloaded from the Ministry's website.
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Ministry of Education – 10YPP Request for Quotation
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4.
Other information
Hazards known to the Client
4.1
With reference to Clause 3.8 of the General Conditions of Contract, there are no known hazards for
this contract.
<<OR delete the above clause and insert the following clause and table if the School currently has a
“school hazard register” >>
4.2
With reference to Clause 3.8 of the General Conditions Contract the School’s hazard register is
attached as additional documents below.
Additional documents
<<If you have any additional documentation that you would like to provide the Supplier relating to the Scope
of Services for this RFQ, ensure to list them in the table below (examples provided) and ensure to attach as
appendices within Section 6 Appendices to this RFQ.>>
<<Copy and paste the table content to Section 6 Appendices and ensure to attach the relevant documents
as appendices>>.
4.3
Additional documents to Section 4 Scope of Services are listed as follows and attached in Section 6
Appendices:
Appendix No.
Document name
1
School Charter (vision statement)
2
Asset Management Plan
3
School Hazard Register
4
other
<<ALTERNATIVELY if you do not have any other or additional information to include as appendices in
Section 6, delete the above clause and table and insert the below.>>
4.4
There are no additional documents to Section 4 Scope of Services.
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Section 3 – Supplier response template
PART A
Ten Year Property Plan (10YPP) Consultant for [School name]
1.
1.1
Pre-Conditions
In preparing your proposal you are required to address our pre-conditions.
1.2
Suppliers who do not satisfactorily meet the pre-conditions will have their Proposal excluded from
further evaluation.
1.3
The Client reserves the right to assess Proposals against pre-conditions and decide whether or
not pre-conditions have been met.
1.4
Pre-conditions are yes/no. Other parts of the Proposal may inform our decision as to whether a
pre-condition has been met.
1.5
Suppliers who do not meet the pre-condition should conclude that they are unable to meet
the Client’s requirements and will not benefit from submitting a proposal.
Pre-condition Criteria
1.6
10YPP Training:
Confirm that you are currently published on the Ministry’s “10YPP Consultants” list and have
attended the Ministry’s requisite training programmes to undertake a 10YPP as stated below:
a.
Condition Assessment Introductory course
b.
Condition Assessment Advanced course
c.
10YPP course.
Yes
No
2.
Insurance Requirements
2.1
Confirm (state ‘confirmed’) that the Supplier has the appropriate levels of Insurance requirements
as specified in the General and Special Conditions of Contract and attach a Certificate of Currency
with the submission.
2.2
If unable to confirm, state ‘not confirmed’ and provide an explanation
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Ministry of Education – 10YPP Request for Quotation
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3.
Supplier profile
Supplier’s contact person for this RFQ
Contact person:
Position:
Phone number:
Mobile number:
Email address:
Fax number:
Supplier’s organisational profile
Full legal name:
Trading name: (if different)
if applicable
Name of parent company:
if applicable
Physical address:
for company insert registered office
Postal address:
Company website:
4.
4.1
Location of head office:
city in New Zealand / if overseas please specify city and country
Type of entity (legal status):
sole trader / partnership / limited liability company / other please
specify
Company registration #:
if applicable, registered number for a company
Country of residence:
insert country where organisation is resident for tax purposes
GST registration number:
NZ GST number / if overseas please state
Named (key) personnel
The named (key) personnel for this RFQ is the 10YPP planner that will be delivering the services.
Named (key) personnel (10YPP Planner)
Contact person:
Position:
Phone number:
Mobile number:
Email address:
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Fax number:
5.
Response to the RFQ
5.1
The Client is seeking a supplier with sufficient capability (skills and competence) to deliver a fit for
purpose solution. Capability is evidenced by the qualifications, relevant experience and track
record of the Supplier (and their nominated personnel) and the Suppliers understanding of the
requirement and proposed solution.
5.2
In preparing your quotation you are required to address each of the following criteria and your
proposal will be scored against each one.
Capability
5.3
Qualifications and training (additional to requisite training):
In addition to the Ministry of Education’s requisite training programme for 10YPP, what other
relevant qualifications and training does the named (key) personnel have?
Name
Position:
Qualification / training
CV (limit to half page)
5.4
Relevant experience and Track record (includes work outside education sector)
Give a brief overview of the relevant experience of your organisation / named (key) personnel over
the last two years either for school property or for other public organisation(s), both outside and
within the area being tendered.
Nominate up to two comparable engagements.
Nomination #1
Name of organisation:
Dates when provided:
state the dates when the services have been provided
Services provided:
brief overview of the relevant experience provided
Nomination #2
Name of organisation:
Dates when provided:
state the dates when the services have been provided
Services provided:
brief overview of the relevant experience provided
Note: Suppliers must provide referees for the two nominated comparable engagements
nominations above as set out in Section 5 – Supplier response template Part A, below.
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Capacity
5.5
The Client is seeking a supplier with sufficient capacity to deliver a fit for purpose solution. Capacity
is evidenced by the sufficiency and availability of capable resources when and where required
including contingency resources.
5.6
Sufficient resources
Confirm that you have the ability to complete the work in the required timeframe and confirmation
of the allocation of sufficient resources to complete the project in the required timeframe
If unable to confirm, state ‘Not confirmed’ and provide an explanation.
5.7
Availability of named (key) personnel
Confirm (state ‘Confirmed’) that the named (key) personnel will be available to commence the
supply of services from the intended start date and that the named (key) personnel will be available
throughout the intended term of the engagement:
If unable to confirm, state ‘Not confirmed’ and provide an explanation.
6.
Referees
6.1
Please supply the details of two referees. These must be referees directly associated with the
nominated comparable engagements listed in Section 4, Capability: Relevant experience and
Track record above.
6.2
By providing these contact details you authorise the Client to contact any of these references at
any time during the RFP process.
Referee #1 (for Nomination #1)
Name of organisation:
Name of referee:
Title of referee:
Address:
Telephone:
Email:
Referee #2 (for Nomination #2)
Name of organisation:
Name of referee:
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Ministry of Education – 10YPP Request for Quotation
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Title of referee:
Address:
Telephone:
Email:
7.
7.1
Supplier’s Declaration
The Supplier is required to complete the following declaration.
Supplier’s Declaration
Topic
Supplier’s
Declaration
Requirement
The Supplier has prepared this quotation:
RFQ
response:
-
independently to supply the services or works. ; OR
-
jointly with [insert name of supplier #2] OR
-
in consortium with [insert names of consortium]
[choose an
item]
The Supplier authorises the Client to:
Collection of
further
information:
-
collect any information about the Supplier, except
commercially sensitive pricing information, from any
relevant third party, including a referee, or previous or
existing client
to use such information in the evaluation of the
Proposal.
[choose an
item]
The Supplier agrees that all such information will be
confidential to the Client.
Deliverables:
The Supplier has read and fully understands the nature and
extent of the deliverables required by the Client as described
in this RFQ, including the technical considerations. The
Supplier has the necessary capacity and capability to fully
meet or exceed the deliverables and will be available to
deliver throughout the relevant contract period.
[choose an
item]
Conditions of
contract
The Supplier has read and fully understands and accepts the
Conditions of Contract being the Conditions of Contract for
Consultancy Services as appended to this RFQ. If
successful, the Supplier agrees to sign the Form of
Agreement (including Contract Representatives) also
appended to this RFQ.
[choose an
item]
Conflict of
interest:
The Supplier warrants that it has no actual, potential or
perceived Conflict of Interest in submitting this quotation, or
entering into a contract to deliver Our requirements. If in
doubt, please list all such interests. Where you are able,
provide statements of how you might manage any potential
conflicts.
[choose an
item]
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Supplier’s Declaration
Topic
Supplier’s
Declaration
Requirement
Where a Conflict of Interest arises during the RFQ process
the Supplier will report it immediately to the Client’s Contact
Person.
The Supplier warrants that in submitting this quotation it has
not:
Ethics:
Offer validity
period:
-
entered into any improper, illegal, collusive or anticompetitive arrangements with any competitor
-
directly or indirectly, approached any representative of
the Client to lobby or solicit information in relation to the
RFQ (other than the Client’s nominated Contact Person)
-
has not attempted to influence, or provide any form of
personal inducement, reward or benefit to any
representative of the Client.
The Supplier confirms that this quotation, including the price,
remains open for acceptance for a period of three months
from the Closing Date.
[choose an
item]
[choose an
item]
The Supplier declare that in preparing this quotation it:
Declaration:
-
has provided complete and accurate information in all
parts of the quotation, in all material respects
-
has secured all appropriate authorisations to submit this
quotation and is not aware of any impediments to its
ability to enter into a formal contract to deliver the
Requirements.
[choose an
item]
The Supplier understands that should it be successful in
being awarded a contract with the Client then the falsification
of information, supplying misleading information or the
suppression of material information in relation to this RFQ
will be grounds for termination of the contract.
DECLARATION
This quotation has been approved, and is signed by, a representative of the supplier who has
the authority to do so. This representative is named below.
This representative declares that the particulars provided above and in the attached quotation
documents are accurate, true and correct.
Signature:
Full name:
Title / position:
Date:
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
PART B
Ten Year Property Plan (10YPP) Consultant for [School name]
1.
Pricing
General pricing guidance
1.1
In submitting the pricing:
a.
Suppliers must use the pricing template provided below.
a.
Suppliers must clearly detail all costs, fees, expenses and charges associated with the full
delivery of the Client’s requirements. There must be no hidden costs.
b.
Where assumptions may influence the price the impact of the assumption on the price must be
clearly stated.
c.
Prices must be stated in $NZD exclusive of GST.
d.
The pricing structure must be transparent, with all assumptions clearly stated. There must be no
hidden costs.
e.
Where a Supplier has an alternative method of pricing (i.e. a pricing approach that is different to
the pricing schedule shown below) this may be submitted as an alternative pricing model.
However, the Supplier must also submit a pricing model that conforms to the template below.
Pricing schedule response
1.2
Suppliers must complete the breakdown of proposed costs tables below including all assumptions.
Item
Description
Unit
Qty
1
Requirements included in Step 1 of the
School Property Plan Specification
Fixed Price
1
2
Requirements included in Step 2 of the
School Property Plan Specification.
Fixed Price
1
3
Requirements included in Step 3 of the
School Property Plan Specification.
Fixed Price
1
4
Requirements included in Step 4 of the
School Property Plan Specification.
Fixed Price
1
5
Requirements included in Step 5 of the
School Property Plan Specification.
Fixed Price
1
6
Requirements included in Step 6 of the
School Property Plan Specification.
Hourly rate
1
Amount ($)
TOTAL TENDERERD FIXED PRICE (excluding GST)
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Payment Schedule
1.3
The method payment for the items listed in the pricing schedule are as follows:
Item(s)
1, 2, 3,
4&5
6
Description
Requirements included in
Steps 1, 2, 3, 4, or 5 of the
School Property Plan
Specification
Requirements included in
Step 6 of the School
Property Plan Specification.
Payment Terms
The tendered fixed price(s) under Steps 1, 2, 3, 4 or 5
shall include all expenses relating to required inputs,
activities and outputs under Steps 1, 2, 3, 4 or 5 of the
School Property Plan Specification.
Payment for the services will be made monthly on the
basis of agreed work completed, and on acceptance of
a GST invoice.
The hourly rate tendered under Step 6 shall include all
expenses relating to required inputs, activities and
outputs under Step 6 of the School Property Plan
Specification.
Payment for the services the will be made monthly on
the basis of agreed work completed, and on
acceptance of a GST invoice.
Pricing assumptions
1.4
To ensure that the Client can properly understand and evaluate your proposal it needs to understand
and validate any assumptions that you may have made. List all of the assumptions that you have
made and address the impact that these assumptions may have:
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Ministry of Education – 10YPP Request for Quotation
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Section 4 – RFQ Rules
1.
The Rules of the RFQ
Supplier’s Obligations
1.1
Each Supplier will be considered to have:
a.
examined the RFQ and any documents referenced in the RFQ and any other information
provided by the Client.
b.
considered all the risks, contingencies and other circumstances relating to the delivery of the
services and included adequate provision in its quotation to manage such risks and
contingencies
c.
documented in its quotation any assumptions made in the preparation of the quotation
d.
satisfied itself as to the correctness and sufficiency of its quotation, including the proposed
pricing and the sustainability of the pricing.
Indicative Timeline
1.2
The indicative timeline for the RFQ process is stated in Section 1. Please note that these dates and
times may be changed at the sole discretion of the Client. The Client will notify Suppliers of any
material changes to these dates or times.
Client’s Contact Person
1.3
All enquiries regarding the RFQ must be directed to the Client’s contact person. The Client requests
that email be used for all communications in relation to the RFQ.
1.4
Only the contact person, and any person authorised by the contact person, are authorised to
communicate with Suppliers regarding any aspect of the RFQ.
1.5
Where a Supplier has an existing contract with the Client then business as usual communication, for
the purpose of that contract, will continue using the existing contacts. Suppliers must not use business
as usual contacts to lobby the Client, solicit information or discuss aspects of the RFQ.
Conflict of Interest
1.6
Each Supplier must conflict of interest declaration with its quotation. Each Supplier must immediately
inform the Client should a conflict of interest arise during the RFQ process.
Ethics
1.7
Suppliers must not attempt to influence or provide any form of personal inducement, reward or benefit
to any representative of the Client.
1.8
A representative of the Client includes any employee, consultant, contractor or advisor engaged by the
Client.
1.9
Any Supplier, who attempts to do anything prohibited by the above clauses 1.7 and 1.8 may be
disqualified from the RFQ.
Anti-Collusion / Bid Rigging
1.10 In submitting its quotation each Supplier warrants that its quotation has not been prepared with
consultation, communication, arrangement or understanding with any competitor (unless for joint
venture, consortium or sub-contracting purposes).
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1.11 There is no expectation or obligation for Suppliers to submit a quotation in response to the RFQ solely
to remain on any prequalified or preferred supplier list. Any Supplier on such a list will not be penalised
for failure to submit a quotation.
1.12 Suppliers must indicate if they intend any person or organisation (who is not an employee, a party to a
disclosed joint quotation or a disclosed sub-contractor) to deliver any part of the deliverables. That
party’s details, the deliverables they will be responsible for and the price must be provided in the
quotation.
1.13 The Client reserves the right, at its discretion, to report suspected collusive or anti-competitive conduct
by Suppliers to the appropriate authority and to provide that authority with any relevant information
including a Supplier’s quotation.
Confidentiality
1.14 The Client, and each Supplier, will keep confidential all confidential information provided by the other.
No Confidential Information will be provided to a third party without the other’s prior written consent.
1.15 Where a Supplier’s quotation contains information, such as intellectual property, that it considers
should be held confidential, the Supplier must clearly identify the information and mark it confidential
and commercially sensitive. The Supplier may be asked by the Client to indicate the reason why such
information should be held as confidential.
1.16 Suppliers acknowledge that the Client’s obligations under the above clause are subject to the
requirements imposed by the Official Information Act 1982, the Privacy Act 1993, parliamentary
convention and any other obligations imposed by the law. The Client’s obligation to keep the
Supplier’s information confidential will not be breached if the information is disclosed by the Client to
the appropriate authority because of suspected collusive or anti-competitive tendering behaviour.
Costs
1.17 Each Supplier must meet all of its own costs associated with the preparation and presentation of its
quotation and any negotiations.
Ownership of Documents
1.18 All documents forming the quotation will, when delivered to the Client, become the property of the
Client. Quotations will not be returned to Suppliers at the end of the process.
1.19 Ownership of intellectual property rights does not pass on a quotation being delivered to the Client.
However, the Supplier grants to the Client a license to retain, use, disclose and copy information
contained in the quotation for any purpose related to the RFQ process.
No Binding Legal Relations
1.20 Quotations are submitted on the basis that no contract or binding legal relations with the Client are
created unless, and until, a written contract between the Client and the successful Supplier is signed
by both parties.
Form of Contract
1.21 Each Supplier agrees that any legally binding contract entered into between the successful Supplier
and the Client will be essentially in the form set out in the Conditions of Contract attached.
1.22 A Supplier’s acceptance, or otherwise, of the Conditions of Contract attached is one of the criteria the
Client will take into account when evaluating quotations.
1.23 The Client reserves the right to amend the Conditions of Contract attached following negotiations with
the successful Supplier.
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Status of RFQ
1.24 The Client aims to demonstrate fair dealing and due process, and to act lawfully, fairly and reasonably
in its interactions with Suppliers.
1.25 Neither the RFQ nor the RFQ process shall create any legal relationship between the Client and a
Supplier. This RFQ process does not give rise to a process contract.
Buyer’s Rights
1.26 In addition to any other term described in the RFQ the Client may at any time:
a.
amend, suspend, re-issue or cancel the RFQ, or any part of the RFQ on notice to the Suppliers
b.
change any date in the indicative timeline on the proviso that any material change is notified to
Suppliers
c.
delete, change or add to Our requirements contained in Section Two (2) on the proviso that any
material change is notified to Suppliers
d.
reject or accept any non-compliant quotation on notice to the Supplier
e.
reject or accept any alternative quotation on notice to the Suppliers
f.
not accept the lowest price quotation
g.
waive any irregularities or information in the RFQ process
h.
not enter into a contract with any Supplier
i.
exclude any Supplier from the RFQ process where the Supplier has breached a term or
condition of the RFQ on notice to the Supplier
j.
liaise or negotiate with any Supplier without disclosing this to, or doing the same with, any other
Supplier
k.
provide or withhold from any Supplier information in relation to any question arising in relation to
the RFQ. Information will only be withheld if it is deemed unnecessary, is commercially sensitive
to a Supplier, or is inappropriate to supply at the time of the request
l.
deal separately with any divisible element/s of Our requirements or any quotation, unless the
quotation specifically states that those elements must be taken collectively
m.
split the provision of Our requirements and enter into separate contracts with separate
Suppliers.
Public Statements
1.27 Suppliers must not issue any public statement in relation to the RFQ, or any subsequent contract
awarded, without the prior written approval of the Client.
New Zealand Law
1.28 The laws of New Zealand shall govern the RFQ and each Supplier agrees to submit to the exclusive
jurisdiction of the New Zealand courts in respect of any dispute concerning the RFQ or the RFQ
process.
Disclaimer
1.29 While all reasonable care has been taken in compiling the RFQ, the information and details are
presented in good faith. No warranty (expressed or implied) is given by the Client as to the
completeness or accuracy of the documents or information.
1.30 The Client and its agents or advisors will not be liable in contract, tort, equity, or in any other way
whatsoever for any direct or indirect damage, loss or cost incurred by any Supplier or any other person
in respect of the RFQ process.
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Section 5 – Conditions of Contract
1.
Conditions of Contract for Consultancy Services
1.1
The Conditions of engagement are IPENZ’s Short Form Model Conditions of Engagement and
Ministry Variations (or Specials), can be downloaded from the Ministry's website.
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Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014
Section 6 – Appendices
1.
Appendices
<<Copy and paste the table content that you have completed in “Section 2 – Appendices to Scope of
Services”. ENSURE to attach the relevant documents as appendices including Form of Agreement with
your RFQ.>>.
1.1
With reference to the Short Form Model Conditions of Engagement in Section 5, the Form of
Agreement, and additional documents forming part of this agreement, are listed and attached as
appendices as follows:
Appendix No.
Page 21 of 21
Document name
1-
Form of Agreement (including Contract Representatives) can be downloaded on
the Ministry's website.
2
School Charter (vision statement)
3
Asset Management Plan
4
School Hazard Register
5
Other
Ministry of Education – 10YPP Request for Quotation
Edition 1, Version 1.0, November 2014