REQUEST FOR EXPRESSIONS OF INTEREST
DOCUMENT NUMBER
(number issued by Procurement after submission)
Date of Issue:
Closing Date:
REQUEST FOR EXPRESSIONS OF INTEREST1INTRODUCTION
1.1Background
Queensland University of Technology (QUT) invitesResponsesfor [insert requirement]as more specifically identified in the Brief toRespondents.
Respondents are urged to register their organisation’s interest (if they have not already done so) by accessing the Queensland Government Marketplace eTender website at: where this document can be downloaded electronically and further information regarding this EOI Processcan be obtained, progress of this EOI Process monitored and from which additional information and addenda will automatically be transmitted by email direct to registered tenderers.
1.2Purpose
This Request for Expressions of Interest (EOI) is the first stage of the proposed procurement process. The purpose of this EOIProcess is to allow QUT to receive and evaluate Responses for [insert requirement].
If the EOI responses indicate to QUT that one or more providers in the market meet the requirements identified in the Brief to Respondents, then QUT may, at QUT’s sole discretion, initiate a Request for Offer or take any of the actions set out in clause16.
2definitions
In this document:
“Brief to Respondents” means the document in Annexure2.
“Closing Date” means the time and date set out in Item 1 of Annexure 1.
“Confidential Information” means:
(a)any technical or commercial information, know-how, data, drawings, specifications or designs supplied or made available by QUT or brought into existence by the Respondent for the submission of the Response, including (but not limited to) the information in theEOI Documents and the Respondent’s Response;
(b)any information which by its nature is confidential or is designated as confidential or the Respondent or prospective Respondent ought to know is confidential,
and includes information:
(c)comprised of or relating to any intellectual property rights of QUT;
(d)concerning the internal management and structure, personnel, processes and policies, commercial operations, financial arrangements or affairs of QUT;
(e)that is of actual or potential commercial value to QUT;
(f)relating to the clients or suppliers of QUT,
but does not include information which:
(g)is in the public domain other than through a breach of an obligation of confidentiality;
(h)was already in the possession of the Respondent or prospective Respondent and not subject to an obligation of confidentiality; or
(i)is lawfully received from a third party or independently developed by the Respondent or prospective Respondent.
“Conflict of Interest” means having an interest (whether personal, financial or otherwise) which conflicts or may reasonably be perceived as conflicting with the ability of the Respondent to submit a Response fairly and objectively.
“EOI Documents” means the documents specified in clause3.1.
“EOI Process” means the process of requesting information regarding the provision of the goods and/or services, the Respondent’s preparation and submission of a Response, communication between the parties in relation to the EOI and/or Response, evaluation of Responses and the subsequent acceptance or rejection of Responses.
“Evaluation Criteria” means the criteria specified in Item 4 of Annexure 1.
“Government Agency” means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity.
“ICT Products and/or Services” includes all types of technology (data, voice, video, etc.) and associated resources, which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. All resources required for the implementation of ICT are encompassed, namely equipment, software, facilities and services, including telecommunications products and services that carry voice and/or data.
“Process Terms” means the terms set out in clause 1 to 29 and any special conditions set out in Item 5 of Annexure 1.
“QUT Representative” means the person specified as the QUT representative in Item 2 of Annexure 1.
“Respondent” means any person lodging a Response.
“Respondent Representative” means the person nominated as the respondent representative in its Response.
“Response” means any Response Form lodged in response to the Request.
“Response Form” means the form in Annexure 3.
3EOI DOCUMENTS
3.1The EOI comprises the following documents:
(a)Process Terms (including Annexure 4 if applicable);
(b)the Brief to Respondents;
(c)the details of the EOI as set out in Annexure 1; and
(d)the Response Form,
(EOI Documents).
3.2In the event of any inconsistency between the documents specified in clause 3.1, the document alphabetically first in the order (a) - (d) will take precedence to the extent of the inconsistency.
4EOI Process
The Respondent acknowledges and agrees that:
(a)this EOI Process is the first stage in a procurement process, and that no binding contract or other understanding will exist between QUT and the Respondent unless and until a contract is signed by QUT and the successful Respondent following any future Request for Offer (RFO) or other procurement process;
(b)participation in the EOI Process does not entitle the Respondent to participate in any subsequent process, and participation in any subsequent process is not limited to Respondents who participate in the EOI Process;
(c)the conduct of this EOI Process does not give rise to any legal or equitable relationship between QUT and the Respondent; and
(d)QUT has no commitment to proceed beyond the EOI Process.
5special conditions
5.1If the goods and/or services the subject of the EOI comprise ICT Products and Services, the Respondent agrees that any contract formed following the EOI Process and any subsequent process must be formed in accordance with the Government Information Technology Contract (GITC) Framework Version 5.03 (as amended from time to time) unless QUT agrees otherwise.
5.2The Respondent must comply with any special conditions set out in Item 5 of Annexure 1.
6REPRESENTATIVES
6.1All notices, instructions, information and other communications that the Respondent is required to give to QUT in relation to the EOI must be given to the QUT Representative, except as otherwise provided. The QUT Representative may at any time delegate to any person any of the powers and duties vested in it and will provide the Respondent with notice in writing of this delegation.
6.2The Respondent must identify the Respondent Representative in its Response. The Respondent must notify QUT of the details of any replacement Respondent Representative.
6.3The Respondent Representative represents and acts for the Respondent at all times and the Respondent will be bound by the actions of the Respondent Representative. Matters within the knowledge of the Respondent Representative are taken to be within the knowledge of the Respondent.
6.4Any notices, instructions, information and other communications QUT provides to the Respondent Representative will be deemed to have been delivered to the Respondent.
7RESPONDENT TO FULLY INFORM ITSELF
7.1By lodging a Response, the Respondent warrants to QUT that it has:
(a)read and understood the EOI Documents and any other information QUT makes available and has satisfied itself as to the correctness and sufficiency of those documents;
(b)carefully examined the contents of the EOI Documents and any other information made available by QUT for the purpose of submitting a Response;
(c)examined all information relevant to the risks, contingencies and other circumstances having an effect on the Response;
(d)if required, examined all physical areas and facilities relevant to the supply of the goods or performance of the services; and
(e)not relied on information provided by QUT or by any person for or on behalf of QUT or represented to be provided for or on behalf of QUT withoutindependently verifying such information and independently satisfying itself of the adequacy, accuracy and correctness of such information.
7.2The Respondent further warrants that:
(a)any Response lodged is accurate and complete in all respects and complies in all respects with the EOI Documents and all applicable laws;
(a)it is a solvent legal entity and under no form of insolvency, administration or legal disability to contract of any kind; and
(b)it has, after diligent inquiry and investigation, fully disclosed to QUT in the Response all information (within its knowledge or which should have been within its knowledge) which could reasonably be regarded as affecting in any way QUT’s evaluation of the Response.
7.3The warranties in clauses7.1 and 7.2 are given on the date the Response is lodged and will continue during the EOI Process and any subsequent stage of QUT’s consideration of the project and any contract with the Respondent.
7.4The Respondent must inform QUT immediately in writing if any change in circumstances renders any information in its Response inaccurate or incomplete.
8CONTENTS OF RESPONSE
8.1Responses must:
(a)be submitted on a fully completed Response Form, including any and all annexures;
(b)be submitted by the Closing Date in accordance with clause 9.1;
(c)be duly executed by the Respondent; and
(d)include any and all supporting documentation specified in the EOI.
8.2QUT may strictly enforce the Closing Date, but reserves the right to accept late Responses. QUT may extend the Closing Date by notice in writing to the Respondent.
8.3A Responsemay be considered as non-conforming if:
(a)the Respondent fails to supply any of the information required to be supplied under this EOI;
(b)the Respondent fails to lodge the Response by the Closing Date;
(c)it does not accord with the requirements of any of the EOIDocuments; or
(d)it has been lodged on the basis of any condition or qualification.
8.4A Respondent may lodge alternative non-conforming Responses provided that non-conforming Responses are accompanied by a clear summary of all instances of non-conformance.
8.5QUT may for any reason and at any stage during the EOI Process decline to consider any non-conforming Responses. QUT is not obliged to provide reasons for non-acceptance of any non-conforming Response.
9LODGEMENT OF Responses
9.1Responses must be lodged electronically to the Queensland Government eTendering site at such other method specified in Annexure 1 or agreed by QUT.
9.2LodgementEnquiries can be sent to [Insert].
9.3Responses will not be publicly opened.
10OWNERSHIP OF RESPONSe DOCUMENTS
10.1The Response and supporting documentation submitted by each Respondent in connection with this EOI become the property of QUT at the time of submission.
10.2The Respondent grants to QUT and its advisers, contractors and consultants an irrevocable, world-wide, royalty-free, non-transferable, non-exclusive licence to copy, adapt, modify, disclose or otherwise use the intellectual property incorporated in the Response for the purposes of:
(a)evaluating and clarifying the Response; and
(b)any purpose with respect to the EOI Process and any subsequent procurement including negotiating, executing and performing the contract, if any.
11BINDING OBLIGATIONS
11.1The Respondent agrees that submission of Response creates a contract between QUT and the Respondent governing the EOI Process on the terms of this EOI, including the Process Terms. By submitting a Response the Respondent agrees to be bound by the Process Terms.
12changes to request
At any time prior to the Closing Date QUT may issue (in writing) additional or different information to Respondents, which shall be taken into account in preparation of the Response. Any such information will be posted to the Queensland Government eTendering site.
13AMENDMENT TO Response
13.1The Respondent must inform QUT promptly in writing of any material change:
(a)to any information in its Response; or
(b)in circumstances that may affect the truth, completeness, or accuracy of any of the information provided in connection with the Response.
13.2If QUT accepts any amendment or supplementary information provided by the Respondent, then such amendment or supplementary information will be taken to form part of the Respondent’s Response.
14FURTHER INFORMATION
14.1The Respondent must if requested by QUT:
(a)provide further information in relation to the Response or any aspect of the Respondent’s capacity to provide the goods and/or services;
(b)give a presentation at a time or place nominated by QUT in relation to the Response;
(c)consent to and co-operate with a check or audit of the Respondent’s financial status by an auditor or other person appointed by QUT;
(d)allow QUT or its agent to:
(i)inspect any site, facility or equipment proposed for use in the performance of the goods and/or services; and
(ii)attend or observe any product, plant, equipment or other demonstration, trial or test; and
(e)allow QUT or its agents to contact any referee nominated by the Respondent and authorise QUT to obtain information about the Respondent from any third party whom QUT reasonably considers may be able to provide information about the Respondent or which is pertinent to the Response.
14.2QUT may prior to the Closing Date hold briefing and clarification sessions for prospective Respondents (whether separately or together) at times and venues to be advised by QUT.
14.3After the Closing Date, QUT may (without limitation to any other action that may be open to QUT):
(a)request clarification or further information about any Response;
(b)invite all Respondents to change their Responses in response to a change in EOIDocuments; or
(c)enter into post-responsediscussions with a preferred Respondent or a shortlist of Respondents.
14.4Any information provided to the Respondent by or on behalf of QUT is:
(a)provided for the convenience of the Respondent only and unless expressly incorporated into the EOI Documentsshall not form part of the EOI Documents; and
(b)not warranted or held out by QUT as accurate, correct or adequate.
15EVALUATION CRITERIA
15.1Responses will be evaluated by QUT by reference to the Evaluation Criteria.
15.2The listing order of the Evaluation Criteria should not be interpreted as an indication of the weighting QUT will attribute to the Evaluation Criteria when reviewing the Responses.
15.3In addition, QUT may in its absolute discretion have regard to:
(a)its previous dealings and experience with the Respondent;
(b)any information about the Respondent that is in the public domain; and
(c)any information obtained pursuant to any meetings conducted with the Respondent.
15.4QUT reserves the right in its absolute discretion to:
(a)vary or amend the Evaluation Criteria at any time; or
(b)give preference to any one or more of the Evaluation Criteria over the other Evaluation Criteria.
15.5Where QUT exercises its rights under clause 15.4(a), it will give the Respondent notice in writing of the variation or amendment and give the Respondent opportunity to amend, vary or withdraw its Response.
15.6It is the Respondent’s responsibility to ensure that its Response addresses all the Evaluation Criteria.
16RESERVATION OF RIGHTS
16.1QUT may, without limiting other options available to it, do any one or more of the following at any time during the EOI Process in its absolute discretion:
(a)terminate this EOI Process;
(b)change the structure, procedures and timing of the EOI Process or overall competitive process for the project the subject of this EOI;
(c)take into account any information from its own and other sources in evaluating a Response;
(d)shortlist a Response without prior notice to any other Respondent;
(e)require additional information from any Respondent;
(f)request, attend or conduct any site inspections;
(g)request, attend or observe any product, plant, equipment or other demonstration, trial or test;
(h)conduct a subsequent procurement process (including initiating a Request for Offer on an open or closed basis), and utilise information obtained in this EOI Process for that purpose; or
(i)commence a new process for calling Responses on a similar or different basis to that outlined in this EOI.
17RIGHT TO INFORMATION AND DISCLOSURE
17.1The Right to Information Act 2009 (Qld) (RTI Act) provides members of the public with a legally enforceable right to access documents held by Queensland Governmentagencies, including QUT.
17.2The RTI Act requires that documents be disclosed upon request, unless the documents are exempt or on balance, disclosure is contrary to the public interest.
17.3Information contained in a Response is potentially subject to disclosure to third parties.
17.4If disclosure under the RTI Act, and/or general disclosure of its Response, in whole or in part, would be of concern to a Respondent, because it would disclose trade secrets, information of commercial value, the purpose or results of research or other information of a confidential nature, this should be indicated in the Response. However, QUT cannot guarantee that any information provided by the Respondent including information that is identified by the Respondent will be protected from disclosure under the RTI Act.
18CONFIDENTIAL INFORMATION
18.1The Respondent:
(a)acknowledges that the Confidential Information is sensitive and that it remains at all times the valuable and exclusive property of QUT;
(b)shall not at any time use for any purpose (other than to submit a Response) or disclose any of the Confidential Information to a third party;
(c)shall ensure that all documents and materials comprising the Confidential Information are properly and securely used, handled, kept and stored by the Respondent in such manner as will keep it confidential at all times;
(d)unless required for the purposes of preparing or submitting a Response shall not copy any papers, documents or other records containing or embodying the Confidential Information;
(e)shall return to QUT upon request all copies of the EOIDocuments;
(f)shall only allow access to the Confidential Information by those of its officers, employees and agents for the degree to which is reasonably necessary for the preparation and submission of the Response and shall not permit relevant persons to whom the Confidential Information is disclosed to use or disclose the Confidential Information other than in accordance with the terms of thisEOI; and
(g)shall obtain from QUT prior written consent to the disclosure of the Confidential Information to any third party, which consent may be given on such terms and conditions as QUT thinks fit, including that the third party execute a deed in like terms to this clause 18in favour of QUT.
18.2If requested by QUT, the Respondent or prospective Respondent must execute a deed of confidentiality, in a form acceptable to or provided by QUT, from itself and from each of its officers, employees, agents and/or sub-contractors who receive the information.
18.3The obligations on the part of the Respondent in this clause 18 are of a continuing nature.
18.4QUT reserves the right to:
(a)supplythe Confidential Information to third parties; and
(b)deny access to or refuse to grant consent for the disclosure of Confidential Information to any officers, employees, or agents of the Respondent or any third party.
17PRICES OFFERED
Prices specified in the Response must:
(a)be in Australian currency;