STANDARD TERMS AND CONDITIONS OF QUOTATION
Version 2.0 – January 2016
Contents
1.1
Acknowledgement ............................................................................................. 2
1.2
Disclaimer ........................................................................................................... 2
1.3
Terminology ....................................................................................................... 2
1.4
Electronic Lodgement of Quotations ................................................................. 3
1.5
Closing Time ....................................................................................................... 3
1.6
Preparing to Lodge a Quotation ......................................................................... 3
1.7
Late Quotations .................................................................................................. 4
1.8
Further Information, Clarification and Enquiries ............................................... 4
1.9
Non-Conforming Quotations.............................................................................. 5
1.10
Addenda ............................................................................................................. 5
1.11
Ownership of Quotations ................................................................................... 5
1.12
Selection of Preferred Quotation ....................................................................... 6
1.13
Costs of Submitting a Quotation ........................................................................ 6
1.14
Confidential Text and Disclosure........................................................................ 6
1.15
Conflict of Interest.............................................................................................. 7
1.16
Insurance Requirements .................................................................................... 7
1.17
Exchange of Information between Government Agencies ................................ 7
1.18
Proprietary Names ............................................................................................. 8
1.19
Price Basis, English Language and Metric Units ................................................. 8
1.20
Sustainability, Waste Reduction and Greenhouse Policies................................ 8
1.21
Affirmative Action .............................................................................................. 8
1.22
Alternative Quotations ....................................................................................... 9
1.23
Discrepancies, Misdescriptions, Errors and Omissions ...................................... 9
1.24
No Guarantee of Business .................................................................................. 9
1.25
Variation or Termination of the RFQ.................................................................. 9
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1.1
Acknowledgement
1.1.1.
In submitting a Quotation the Respondent acknowledges that it:
(1)
has examined the RFQ, any other information issued and any information relevant
to the risks, contingencies, and other circumstances having an effect on the
Quotation;
(2)
has made and relied upon its own enquiries to address the Assessment Criteria;
(3)
is satisfied as to the correctness and sufficiency of the Quotation; and
(4)
agrees its Quotation must remain open for at least 90 days from the date and time
of closing.
1.2
Disclaimer
1.2.1.
The RFQ may contain information that may be described as data, documents, and images,
prepared by Territory agencies. While that information has been formulated with care, the
Territory does not warrant or represent that it is free from misdescription, error or
omission.
1.2.2.
The Territory is in no way liable for the inaccuracy of any information printed or stored by a
Respondent after receiving an electronic copy from the Territory. A Respondent who
utilises an automatic language translation service in connection with the RFQ does so at its
own risk.
1.2.3.
If sufficient information is not available, or a prospective Respondent requires clarification
of any information in relation to the RFQ, the prospective Respondent is invited to write to
the Territory Contact Officer listed in the RFQ.
1.2.4.
The Territory will not be liable to the Respondent on the basis of any promissory estoppel,
contractual, quasi contractual or restitutionary grounds whatsoever arising as a
consequence of any matter relating or incidental to a Respondent’s participation in the
RFQ process including instances where:
(a)
the Respondent is not invited to participate in any subsequent process following
completion of the RFQ process;
(b)
the Territory varies or terminates the RFQ process; or
(c)
the Territory decides not to contract for all or any of the requirements.
1.3
Terminology
1.3.1.
The RFQ will use some terms that will have a particular meaning. Unless otherwise stated
in the RFQ (including any Special Conditions of Quotation), the following meanings apply to
terms:
Assessment Criteria:
Declaration:
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the criteria by which a Quotation will be evaluated, set
out in the RFQ.
the prescribed form of declaration set out in the RFQ.
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RFQ (Request for
Quotation):
an RFQ issued by the Territory, describing the Services
and/or Goods, Statement of Requirements and
Assessment Criteria and any Special Conditions.
Quotation:
a quotation lodged by a Respondent in response to the
RFQ.
Respondent:
the legal entity (eg a company or an individual) that
submits a Quotation.
Services and/or Goods
the Services and/or Goods sought to be provided in the
RFQ, and includes all incidental Services and/or Goods
that are reasonably necessary to allow the Territory to
use and understand the Services and/or Goods to their
full benefit.
Special Conditions:
conditions specific to the RFQ. Special Conditions take
precedence over the Standard Terms and Conditions of
Quotation to the extent of any inconsistency.
SOR (Statement of
Requirements):
details the Services and/or Goods being sought by the
Territory as set out in the RFQ.
Territory:
(a) when used in geographical sense, the Australian
Capital Territory, and
(b) when used in any other sense, the body politic
established by Section 7 of the Australian Capital
Territory (Self-Government) Act 1988 (Cwlth).
1.4
Electronic Lodgement of Quotations
1.4.1.
Quotations must be lodged electronically via email in accordance with these Standard
Terms and Conditions of Quotation and the submission lodgement procedures set out at
Schedule 1 of the RFQ before the date and time specified on the cover of the RFQ. No
other form of transmission is acceptable. Failure to comply with these requirements may
exclude a Quotation from the evaluation process.
1.4.2.
The information to be submitted with a Quotation is specified in Schedule 1 of the RFQ.
1.5
Closing Time
1.5.1.
A Quotation must be lodged before the closing time and date identified on the front cover
of the RFQ.
1.5.2.
The judgement of the Territory as to the time a Quotation has been lodged will be final.
1.5.3.
The Territory may extend the closing time at its sole and absolute discretion, and will issue
an addendum in accordance with Section 1.10 of these Standard Terms and Conditions of
Quotation, notifying any decision to extend.
1.6
Preparing to Lodge a Quotation
1.6.1.
The Respondent warrants that, when it lodges its Quotation by email, it has taken
reasonable steps to ensure that the electronic files lodged are free of viruses, malicious
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code or other disabling features which may affect the Territory’s ICT environment. Any
Quotation found to contain viruses, malicious code or other disabling features will be
excluded from the evaluation process.
1.6.2.
Quotations lodged via email to the Territory Contact Officer listed at Schedule 1 of the RFQ
will be deemed to be authorised by the Respondent.
1.7
Late Quotations
1.7.1.
Respondents wishing to lodge a late Quotation must contact the Territory Contact Officer
listed at Schedule 1 of the RFQ to obtain instructions on how a late Quotation can be
lodged.
1.7.2.
Late Quotations will be registered separately and may be admitted to evaluation at the
absolute discretion of the Territory. In deciding whether to admit a late Quotation to
evaluation, factors that may be considered include:
(a)
whether the Respondent is likely to have had an opportunity to obtain some unfair
advantage from late submission of the Response;
(b)
how late the Quotation is, the reasons and evidence given for lateness;
(c)
whether the Quotation was mishandled by the Territory; and
(d)
evidence of unfair practices.
1.7.3.
Late Quotations or incomplete Quotations, including those with electronic files that cannot
be read or decrypted, Quotations which the Territory believes to potentially contain any
virus, malicious code or anything else that might compromise the integrity or security of
the Territory’s ICT environment, may be excluded from the evaluation process.
1.7.4.
Late Quotations may be accepted, at the sole discretion of the Territory.
1.8
Further Information, Clarification and Enquiries
1.8.1.
There are no obligations on the part of the Territory to seek clarifications or any other
information regarding a Quotation. Respondents may be required to attend interviews,
presentations, demonstrations, site visits or submit additional information to allow full
consideration of a Quotation.
1.8.2.
By submitting a Quotation, the Respondent:
(a)
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authorises the Territory to:
(i)
enquire into the Respondent’s financial status and viability;
(ii)
obtain from any government agency information including about the
Respondent’s performance during any previous or current contracts for
Services and/or Goods similar to those sought in the RFQ; or
(iii)
seek information from sources including regulatory and law enforcement
bodies, relevant to whether the Respondent is relevantly registered or
licensed to provide the Services and/or Goods; and
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(iv)
acknowledges that the provision and receipt of information by the Territory to
any other government agency is a communication in circumstances of
qualified privilege and the Respondent shall have no claim against the
Territory arising out of the provision or receipt of such information.
1.8.3.
Respondents may request clarification of the RFQ or submit queries in relation to the RFQ
in writing to Territory Contact Officer listed at Schedule 1 of the RFQ. Any Response by the
Territory will be written and may be provided to all Respondents.
1.9
Non-Conforming Quotations
1.9.1.
A Quotation that:
(a)
is at variance with or does not respond to or does not fully comply with any
requirement of the RFQ; or
(b)
is incomplete, cannot be read or decrypted; or
(c)
potentially contains any virus, malicious code or anything else that might
compromise the integrity or security of the Territory’s ICT environment
may be deemed to be non-conforming.
1.9.2.
The Territory may at its absolute discretion, in respect of a Quotation that is
non-conforming or which has been deemed by the Territory to be non-conforming having
regard to any conditions:
(a)
reject and not further consider the Quotation;
(b)
ignore any non-conformance in the Quotation and assess the Quotation against the
Assessment Criteria; or
(c)
if it is possible to correct the non-conformance without affecting the probity of the
Quotation process, permit the Respondent to do so.
1.10
Addenda
1.10.1.
The Territory Contact Officer listed at Schedule 1 of the RFQ will email Respondents any
addenda relating to the RFQ including any amendment to the RFQ via email.
1.10.2.
Notwithstanding Section 1.10.1 above, the Territory accepts no responsibility if a
Respondent is not aware of any addendum issued by the Territory Contact Officer.
1.11
Ownership of Quotations
1.11.1.
All Quotations lodged in accordance with the RFQ become the property of the Territory,
which may use each Quotation for assessment purposes.
1.11.2.
A Respondent:
(a)
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retains intellectual property rights in their Quotations, subject to any other person's
rights;
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(b)
authorises the Territory to communicate, reproduce, use or supply the content of
their Quotations for any purpose in respect of the assessment of their Quotations;
(c)
must specify in their Quotations if any intellectual property or moral rights vest in an
entity or a person other than the Respondent, naming the entity or person, and
indicating to what extent the authorisation in paragraph (b) above may be limited.
1.12
Selection of Preferred Quotation
1.12.1.
The Territory is under no obligation to select any Quotation and may vary or discontinue
the Quotation process upon giving written notice to Respondents.
1.12.2.
Upon conclusion of the Quotation assessment process, the Territory may select a preferred
Respondent and then:
1.12.3.
(a)
commence contract negotiations with the preferred Respondent with a view to
concluding those negotiations within a prescribed period of time;
(b)
negotiate with another Respondent if contract negotiations with the preferred
Respondent are not concluded within the time specified to the preferred
Respondent; or
(c)
cease negotiations with any Respondent.
No legal obligations arise until the Territory has executed a contract substantially in the
form of the Short Form Contract template available at:
https://tenders.act.gov.au/ets/library/download.do?path=Goods%20and%20Services%20D
ocuments\ACT%20Government%20Short%20Form%20Contract.pdf
1.12.4.
The Territory will offer unsuccessful Respondents the opportunity of a debriefing.
1.13
Costs of Submitting a Quotation
The Territory will make no payment to a Respondent for any costs incurred by a
Respondent in preparing a Quotation, in respect of any discussions, negotiations, enquiries
or requests for details or information made by or on behalf of the Territory after the
submission of Quotations or for any work undertaken by any Respondent after its
Quotation is submitted including work requested by the Territory in accordance with any
provision of the RFQ.
1.14
Confidential Text and Disclosure
1.14.1.
The Respondent must specify in writing if the Respondent believes any information in
relation to the Quotation is confidential and wishes that information to be treated as
confidential in any contract. Respondents should be aware that the Territory may be
required to disclose information, either under the Freedom of Information Act 1989 (ACT)
or by the responsible Minister in the Legislative Assembly.
1.14.2.
If the value of the contract exceeds $25,000.00, the public text of the contract will be made
available on the ACT Government Contracts Register. Refer www.procurement.act.gov.au.
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1.14.3.
Respondents are advised that under the Government Procurement Act 2001 (ACT) the
Territory must publish prescribed information about invoices with a value of $25,000 or
more (“notifiable invoices”) on the “Notifiable Invoices Register”. Refer
www.procurement.act.gov.au.
1.14.4.
Respondents should seek their own legal advice as to the implications for them of the
notifiable contracts and notifiable invoices provisions of the Government Procurement Act
2001 (ACT).
1.15
Conflict of Interest
1.15.1.
A Respondent with a conflict of interest must disclose the conflict of interest to the
Territory at the time of lodgement of the Quotation or if the conflict of interest or a risk of
conflict of interest arises after lodgement of the Quotation and prior to the completion of
the Quotation process, immediately disclose that conflict of interest to the Territory.
1.15.2.
In submitting a Quotation, the Respondent warrants that:
(a)
the Respondent has no knowledge of the price, including rates, of any other
respondent for the Goods and/or Services; and
(b)
except as disclosed in its response, the Respondent has not entered into any
contract, arrangement or understanding to pay or allow any money directly or
indirectly to a trade or industry association or to or on behalf of any other
respondent in relation to the RFQ or any contract which may be entered into
consequently, nor paid or allowed any money on that account.
1.15.3.
At the sole discretion of the Territory, contravention of this provision may result in the
Respondent’s Quotation being deemed to be non-conforming.
1.16
Insurance Requirements
Without limiting the insurance that is required to be held by the successful Respondent by
law (e.g. workers’ compensation) or under the contract, the successful Respondent will be
required to take out and maintain the following insurances (if applicable) in the amounts
specified in the RFQ or a contract with the selected Respondent:
(1)
public liability insurance;
(2)
professional indemnity insurance (if any);
(3)
product liability insurance (if any); and
(4)
such other insurances as required.
1.17
Exchange of Information between Government Agencies
1.17.1.
By submitting a Quotation in response to the RFQ, the Respondent authorises the Territory
to obtain from any ACT government department or agency, or any other government
department or agency, information including, but not limited to, information about the
Respondent’s performance during any previous or current contracts for Services and/or
Goods similar to those sought in the RFQ.
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1.17.2.
The provision of information by the Territory to any other ACT Government department or
agency is acknowledged by the Respondent to be a communication in circumstances of
qualified privilege and the Respondent shall have no claim against the Territory, in
defamation or otherwise, in respect of any matter arising out of the provision or receipt of
such information, including any claim of loss to the Respondent arising out of the
communication.
1.18
Proprietary Names
When proprietary names, brands, catalogues or reference numbers are specified in the
RFQ, they are intended to set a minimum standard, and preference for any particular
material or equipment is not intended. The Respondent may cite or quote material or
equipment of similar characteristics, type, quality, appearance, finish, method of
construction and performance.
1.19
Price Basis, English Language and Metric Units
1.19.1.
Prices must be in Australian dollars and include GST.
1.19.2.
Quotations and all communications with the Territory must be in the English language.
1.19.3.
All dimensions and units on plans and drawings and all references to measurements must
be in metric units.
1.20
Sustainability, Waste Reduction and Greenhouse Policies
1.20.1.
The Territory is committed to considering environmental issues in the performance of its
activities. To this end the following policies and strategies are to be noted by Respondents:
(a)
People, Place and Prosperity: A Policy for Sustainability in the ACT - outlines a set of
principles that clarify the concept of sustainability. These principles include using
resources prudently and taking all costs and benefits into account;
(b)
ACT Waste Management Strategy 2011-2025: Towards a Sustainable Canberra –
establishes a framework for sustainable resource management and lists broad
actions which are needed to achieve the aim of a waste-free society; and
(c)
Weathering the Change – The ACT Climate Change Strategy 2007-2025 – provides an
overview of climate change science, the predicted impacts on the ACT and the
Government’s approach for responding to climate change.
1.20.2.
The first of these policies can be downloaded from the Chief Minister and Cabinet
Directorate website at http://www.cmd.act.gov.au/policystrategic/sustainability. To
download the remaining two policies see the Environment and Sustainable Development
Directorate web site at http://www.environment.act.gov.au.
1.21
Affirmative Action
The Territory will not enter into a contract with a contractor named by the Workplace
Gender Equality Agency as an employer currently not complying with the Workplace
Gender Equality Act 2012 (Cth) (“the Gender Act”). Information about the Gender Act may
be obtained from the Workplace Gender Equality Agency. Refer to:
http://www.wgea.gov.au.
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1.22
Alternative Quotations
1.22.1.
A Response must be submitted strictly in accordance with the RFQ.
1.22.2.
The Respondent may submit alternative Quotations for consideration, but must also
submit a Quotation which conforms in all aspects with the RFQ to be eligible for
consideration.
1.22.3.
Where an alternative Quotation is submitted, the Respondent must include a fully detailed
description of the alternative Quotation and must state clearly the manner in which it
differs from the requirements of the RFQ.
1.23
Discrepancies, Misdescriptions, Errors and Omissions
Should the Respondent find any discrepancy, misdescription, error or omission in the RFQ,
the Respondent is requested to notify the Contact Officer specified in Schedule 1 of the
RFQ before the date and time for closing Quotations.
1.24
No Guarantee of Business
The Territory does not guarantee, warrant or otherwise represent that any business or any
minimum volume of work or value of business will be contracted, earned or received by
the preferred Respondent.
1.25
Variation or Termination of the RFQ
The Territory may, at its absolute discretion:
(a)
vary the RFQ process by extending the closing time, or amending the draft contract
or the Territory’s requirements by giving written notice to Respondents (where
possible); and
(b)
suspend, terminate or abandon the RFQ process in whole or in part including if in the
opinion of the Territory:
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(i)
it seems unnecessary;
(ii)
no Respondent meets the Assessment Criteria;
(iii)
no Quotation represents value for money.
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