Australian High Commission
Islamabad
Australian High Commission
Islamabad
Request for Tender
for the provision of
Close Personal Protection Security Services for Australian Government Staff in Islamabad, Pakistan
AHC RFT No: / 003/10Contact: / Matt Waugh, Regional Security Adviser
Issue Date: / 27 October 2010
Closing Date: / 15 November 2010
Closing Time: / 1500 (3:00pm) Pakistan Standard Time
Lodgement Address: / Tender Box (Reception)
Australian High Commission
Diplomatic Enclave No. 1
ISLAMABAD
Tendering Information
Request for Tender (RFT) for the provision of Close Personal Protection (CPP) security services for Australian Government staff in Islamabad, Pakistan.
The Commonwealth of Australia, acting through and represented by the Australian High Commission (AHC), Islamabad, invites you to submit a tender for the provision of Close Personal Protection (CPP) services for the AHC. A Statement of Requirement (SOR) and a Draft Contract are attached.
1 Information requirements
Proposals in response to this RFT should include, but should not be limited to, providing the information set out below.
1.1 Period of Tender
The AHC requires that Tenders submitted in response to this RFT remain open for acceptance for a period of not less than eight months after the Closing Time.
1.2 Content of Tender
The tenderer’s response must include the following:
a) a detailed proposal that can be fully assessed against the evaluation criteria:
b) tenderer’s full company name;
c) any trading or business name;
d) tenderer’s registered office, principal place of business, place and date or incorporation and an outline of the company structure;
e) tenderer’s proposed method of delivering the Services required under this RFT;
f) details of commercial, technical and financial capacity to perform any resultant contract; and
g) tenderer’s relevant similar experience, and the personnel proposed for the Services;
h) insurance details as required by the Draft Contract;
i) the total contract price (on a firm price basis) and proposed payment arrangements; and
j) any other information that is considered to be of importance.
The AHC reserves the right to clarify any aspect of a tender with you but has no obligation to do so.
1.3 Confidential information
No confidential information is provided by the AHC in this RFT.
However, Tenderers may only use this RFT document (including without limitation its format and structure and any electronic version of the document) for the purpose of preparing a Tender in response to this RFT.
1.4 Definitions and interpretation
In this RFT:
AHC means the Commonwealth of Australia represented by the Australian High Commission Islamabad;
Closing Time has the meaning given to it in clause 4;
Commonwealth means the Commonwealth of Australia;
Compliance Statement means the statement of compliance set out in Schedule 2 (Tender Response);
Conditions for Participation mean the conditions at Schedule 1 (Conditions of Participation) of this RFT;
Conflict of Interest means any matter, circumstance, interest, or activity affecting the Tenderer (including officers, employees, agents and subcontractors of the Tenderer) which may or may appear to impair the ability of the Tenderer to provide the Goods and / or Services diligently and independently;
Contact Officer means the person specified in clause 4;
DFAT means the Commonwealth of Australia, represented by the Department of Foreign Affairs and Trade;
Draft Contract means the document set out in Schedule 3 (Draft Contract) to this RFT;
Effective Date means the date the contract is executed on;
Lodgement Address means the address specified in clause 4;
Montreux Document means the Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict dated 17 September 2008 available at:
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/montreux-document-170908
OH&S means occupational, health and safety;
PSC means Private Security Company;
Statement of Requirements means the Statement of Requirements contained in Schedule 3 (Draft Contract);
Tender means a response to this RFT;
Tenderer means any person who received this RFT or, if the context requires, a person who submits a tender in response to this RFT; and
Tenderer’s Declaration means a declaration to be provided by a Tenderer that is substantially in the form contained in Schedule 2 (Tender Response).
Unless a contrary intention is indicated, all other terms in this RFT have the same meaning as in the Draft Contract.
2 Evaluation
The AHC will evaluate tenders to determine which tender offers the best value for money against the following evaluation criteria:
a) compliance with the AHC’s Statement of Requirement as set out in Schedule 3.
b) corporate reputation and capability (i.e. historical performance and similar experience of the respondent and proposed personnel);
c) the extent to which the respondent is compliant with the Draft Contract;
d) risks inherent in the tenderer’s proposal;
e) the total contract price and the proposed payment arrangements;
f) compliance with relevant Commonwealth Government policies;
g) compliance with Pakistan law, particularly with respect to weapons licences; and
h) compliance with the principles of the Montreaux Document.
Respondents should note that the above list is not exhaustive and is not in any order of importance.
The AHC may at its sole discretion:
a) determine the relative importance of particular evaluation criteria;
b) short-list any number of respondents based on the criteria set out above;
c) negotiate with any respondent; and/or
d) determine whether to exercise other rights in the RFT.
The AHC is not liable for any costs or expenses incurred by the tenderer in relation to responding to this RFT.
3 Rules of the RFT Process
3.1 3.1 Timeframes
Event/activity / Proposed dateIssue of RFT / 27 October 2010
Closing date for the lodgement of tenders / 15 November 2010
Selection of preferred Tenderer(s) / November 2010
Contract signature / December 2010
Commencement of services in Islamabad / 1 January 2010
3.2 Commonwealth rights
The AHC reserves the right to:
a) cease to proceed with, suspend or change any aspect of the RFT process, and in particular, terminate the RFT process for any reason;
b) require additional information from one or more respondents;
c) obtain information on corporate or financial capacity and use it in its evaluation;
d) issue addenda to the RFT that, without limitation, adds to, varies or amends the RFT;
e) vary or extend any time or date in this RFT;
f) consider, accept or reject any quotation that does not comply with the RFT;
g) negotiate with any one or more respondents;
h) perform such security and probity checks as determined necessary by the AHC in relation to the respondent and its related entities;
i) disclose any part or all of a tender as required by law or statutory or portfolio duties (including a request from a Minister or a Parliamentary Committee); and
j) alter, amend or vary the terms of Schedule 3 (Draft Contract) at any time, including without limitation during negotiations.
Tenderers are fully responsible for checking the accuracy of the information provided in their tender, and submit the tender at its sole risk, having made proper investigations.
3.3 Ownership of tenders
Tenderers acknowledge that the AHC must retain all documents submitted in response to this RFT to enable evaluation of tenders and to comply with its obligations relating to accountability and record keeping. Accordingly, all tender documents and materials will become the property of the AHC once lodged. Without limitation, the AHC may copy, amend, extract or otherwise deal with all or any part of a tender for the purpose of conducting this RFT process.
In addition, the AHC may disclose tender documents or any part of the tender documents to a third party for the purposes of assisting the AHC in the conduct of the RFT process, including tender evaluation, due diligence, negotiation and preparation of any resultant contract.
The AHC reserves the right, at any time and at its sole discretion, to require Tenderers to return to the AHC all documents, whether commercial-in-confidence or otherwise, (including copies) provided to a Tenderer by the AHC. The AHC may require information provided by it to a Tenderer to be destroyed by the Tenderer, and in which case the Tenderer must promptly destroy all such information and provide the AHC with written certification of such destruction.
3.4 Contractual Arrangement
Nothing in this RFT nor in any tender received nor in the RFT process, shall be construed as giving rise to contractual or other legal obligations, express or implied. Neither the lowest priced tender nor any tender will necessarily be accepted by the AHC. No contract shall be created in relation to a tender until a formal, written contract is executed between the Commonwealth represented by the AHC and the respondent.
The Draft Contract included with this letter will be the basis for any contract between the Commonwealth represented by the AHC and any successful respondent. The terms and conditions on which the AHC intends to engage with the successful Tenderer are set out in Schedule3 (Draft Contract).
If any Tenderer wishes to propose a change to these terms, this change must be specified in their tender response, including any differences in costs or pricing associated with those proposed changes.
The AHC reserves the right to exclude a Tenderer who subsequently seeks to introduce changes that are not specified in their Tender. Respondents should specify any of these terms or conditions in the Draft Contract to which they do not agree and/or propose to amend in the format set out in Schedule 2.
Respondents should also include a statement addressing any conflict of interest which may result from award of this contract.
3.5 Prices
When providing pricing details, Tenderers should note that unless otherwise specified, prices tendered must:
a) be expressed in US Dollars;
b) be inclusive of goods and services tax (GST) if applicable, and any other taxes and duties, with the GST and other tax and duty components separately identified;
c) remain unalterable for the period of tender validity;
d) not vary according to the mode of payment; and
e) take into account the liability, indemnity and other relevant provisions regarding risk in the Draft Contract.
Tenderers must provide their proposed mechanism for price increases during the term and for any option (if any). Tenderers must seek their own tax advice in relation to this RFT and the Draft Contract.
3.6 Insurance
The successful Tenderer will be required to have in place insurance arrangements appropriate to provision of the requirements in this RFT, including (without limitation) public liability insurance of USD $10 million, and any other insurance including property damage insurance, product liability insurance and workers’ compensation insurance required by Pakistan law.
As part of their tender, Tenderers must detail the insurance they have in place, or will have in place if chosen as the successful Tenderer.
3.7 Supporting material
The Tenderer may provide such supporting material with their tender as the Tenderer considers appropriate. Such material may be considered by the AHC, but does not form part of the tender for evaluation purposes.
3.8 Public statements
Tenderers must not make any public statements (including without limitation providing information or documents for publication in any media) in relation to this RFT or any subsequent contract arising out of this RFT, without the AHC’s prior written approval.
3.9 False or misleading claims
If a Tenderer is found to have made false or misleading claims or statements or obtains improper assistance, the AHC may reject that Tenderer’s tender from any further consideration.
3.10 Unlawful inducements
Tenderers and their officers, employees, agents and advisors must not violate any applicable laws or Commonwealth policies in relation to unlawful inducements in connection with the preparation or lodgement of their tender and the RFT process.
3.11 Collusive tendering and improper assistance
Tenderers and their officers, employees, subcontractors, agents and advisors must not engage in any collusive tendering, anti-competitive conduct or any other similar conduct with any other Tenderer or person in relation to the preparation or lodgement of their tender or the RFT process.
3.12 Anti-terrorism measures
The attention of Tenderers is drawn to Part 4 of the Charter of United Nations (Dealing with Assets) Regulations 2008. This Regulation may be found at the following website: http://www.dfat.gov.au/un/unsc_sanctions/charter_un_assets_2008.rtf.
This Regulation requires anyone who holds assets or funds belonging to a person or organisation designated as a terrorist to freeze immediately those assets or funds. It is an offence to make any assets available to a terrorist. The list of terrorists and more information is available at http://www.dfat.gov.au/icat/UNSC_financial_sanctions.html.
The AHC will not enter into a contract with anyone on this list. Tenderers should also note that the AHC reserves the right to exclude any Tenderer which has been convicted of, or is being investigated for, a criminal offence.
3.13 Montreux Document
The Montreux Document reaffirms the obligation on States (in this case Australia) to ensure that private military and security companies operating in armed conflicts comply with international humanitarian and human rights law.
This document is the product of an initiative launched cooperatively by the Swiss Government and the International Committee of the Red Cross. It was developed with the participation of governmental experts from various countries including Australia.
This RFT contains obligations and requirements drawn directly from the document.
3.14 Statement of Requirements
Refer to Statement of Requirements in Schedule 3 (Draft Goods and Services Agreement).
4 Lodgement
CLOSING TIME / HAND DELIVERY1500 (3:00pm) Pakistan Standard Time, 15 November 2010 / Tender Box (Reception)
Australian High Commission
Diplomatic Enclave No. 1
ISLAMABAD
Respondents should lodge the original tender together with two (2) copies and one electronic copy of the tender on a CD-ROM (by hand), delivering them to the above address on or before the Closing Time.
4.1 Late quotations
The AHC is not obliged to consider a tender received after the Closing Time, unless the delay is solely due to the mishandling by the AHC.
Lodgement of tenders by the Closing Time is entirely the Tenderer’s responsibility. However, the AHC will not penalise a Tenderer for a delay due solely to mishandling by the AHC.