REQUEST FOR OFFER
DOCUMENT NUMBER
(issued by Procurement after submission)
Date of Issue:
Bids Close:
REQUEST FOR OFFER1 INTRODUCTION
Queensland University of Technology (QUT) invites Offers for[Insert requirement here]as more specifically identified in the Brief to Respondents.
The objective of this Request for Offer (RFO) is to allow QUT to receive and evaluate Offers from Respondents for the provision of the goods and services specified in the Brief to Respondents. This RFO may be conducted on an open or closed basis at QUT’s discretion.
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 tender can be obtained, progress of the tender monitored and from which additional information and addenda will automatically be transmitted by email direct to registered tenderers.
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 Offer, including (but not limited to) the information in theRFO Documentsand the Respondent’s Offer;
(b)any information which by its nature is confidential or is designated as confidential or the Respondent or prospective Respondent ought to know if 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;
(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 an Offer fairly and objectively.
“Contract” means a contract for the supply of the goods and/or services formed in accordance with clause 16 on the terms of the information submitted in the completed Response Form.
“Evaluation Criteria”means the criteria specified in Item 6 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.
“Offer” means any Response Form lodged in response to the RFO.
“Process Terms” means the terms set out in clause 1 to 32.
“QUT Representative”means the person specified as the QUT representative in item3 of Annexure 1.
“RFO Process”means the process of requesting Offers for the provision of the goods and/or services, the Respondent’s preparation and submission of an Offer, communication between the parties in relation to the RFO and/or Offer, evaluation of Offers and the subsequent acceptance or rejection of Offers.
“Respondent” means any person lodging an Offer.
“Respondent Representative”means the person nominated as the respondent representative in its Offer.
“Response Form” means the form in Annexure 3.
“Validity Period”means the period commencing on the date specified for release of the RFO and ending on the date specified in item 2 of Annexure 1.
3RFO DOCUMENTS
3.1The RFO comprises the following documents:
(a)Process Terms;
(b)the Brief to Respondents;
(c)the details of the Request as set out in Annexure 1; and
(d)the Response Form,
(RFO 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) shall prevail to the extent of the inconsistency
4ICT products and services
If the goods and/or services the subject of the RFO comprise ICT Products and Services, the Respondent agrees to comply with the additional provisions in Annexure 4.
5Representatives
5.1All notices, instructions, information and other communications that the Respondent is required to give to QUT in relation to the RFO 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.
5.2The Respondent must identify the Respondent Representative in its Offer. The Respondent must notify QUT of the details of any replacement Respondent Representative.
5.3The 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.
5.4Any notices, instructions, information and other communications QUT provides to the Respondent Representative will be deemed to have been delivered to the Respondent.
6RESPONDENT TO FULLY INFORM ITSELF
6.1By lodging an Offer, the Respondent warrants to QUT that it has:
(a)read and understood the RFO 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 RFO Documents and any other information made available by QUT for the purpose of submitting an Offer;
(c)examined all information relevant to the risks, contingencies and other circumstances having an effect on the Offer;
(d)if required, examined all physical areas and facilities relevant to the supply of the goods or performance of the services;
(e)informed itself of the nature of the obligations to be performed under the Contract, including the labour, plant, materials, mechanical plant and other resources necessary, suitable or desirable to perform the obligations under the Contract;
(f)satisfied itself as to the correctness and sufficiency of its Offer for the performance of the obligations under the Contract and that its rates and other prices (if any) include compliance with all its obligations under the Contract and of all matters and things necessary for the due and proper performance and completion of the Contract; and
(g)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 without independently verifying such information and independently satisfying itself of the adequacy, accuracy and correctness of such information.
6.2The Respondent further warrants that:
(a)any Offer lodged is accurate and complete in all respects and complies in all respects with the RFO Documents and all applicable laws;
(b)there is no legal or other impediment to the Respondent entering into the Contract and doing all things required under the Contract;
(c)it is a solvent legal entity and under no form of insolvency, administration or legal disability to contract of any kind; and
(d)it has, after diligent inquiry and investigation, fully disclosed to QUT in the Offer all information (within its knowledge or which should have been within its knowledge) which could reasonably be regarded as affecting in any way the decision of QUT to accept or reject the Offer.
6.3The warranties in clause 6.1 and 6.2 are given on the date the Offer is lodged and will continue during the RFO Process and any subsequent stage of QUT’s consideration of the project and any Contract with the Respondent.
6.4The Respondent must inform QUT immediately in writing if any change in circumstances renders any information in its Offer inaccurate or incomplete.
7CONTENTS OF OFFER
7.1Offers 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 8.1;
(c)be duly executed by the Respondent; and
(d)include any and all supporting documentation specified in the RFO.
7.2QUT may strictly enforce the Closing Date, but reserves the right to accept late Offers. QUT may extend the Closing Date by notice in writing to the Respondent.
7.3An Offer may be considered as non-conforming if:
(a)the Respondent fails to supply any of the information required to be supplied under the RFO;
(b)the Respondent fails to lodge the Offer by the Closing Date;
(c)it does not accord with the requirements of any of the RFO Documents; or
(d)it has been lodged on the basis of any condition or qualification.
7.4A Respondent may lodge alternative non-conforming Offers provided that non-conforming Offers are accompanied by a clear summary of all instances of non-conformance.
7.5QUT may for any reason and at any stage during the RFO Process, decline to consider any non-conforming Offers. QUT is not obliged to provide reasons for non-acceptance of any non-conforming Offer.
8LODGEMENT OF OFFER
8.1Offers must be lodged electronically to the Queensland Government eTendering site at: or such other method specified in Annexure 1.
8.2Lodgement Enquiries can be sent to [Insert].
8.3Offers will not be publicly opened.
9Ownership of offer documents
9.1The Offer and supporting documentation submitted by each Respondent in connection with this RFObecome the property of QUT at the time of submission.
9.2The 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 Offer for the purposes of:
(a)evaluating and clarifying the Offer; and
(b)negotiating, executing and performing the Contract, if any.
10binding obligations
10.1The Respondent agrees that submission of an Offer creates a contract between QUT and the Respondent governing the RFO Process on the terms of this RFO, including the Process Terms.
10.2An Offer constitutes an offer binding on the Respondent and capable of acceptance by QUT at any time before the expiration of the Validity Period.
10.3By submitting an Offer, the Respondent agrees:
(a)that its Offer, including terms and prices, will remain valid and irrevocable until the end of the Validity Period;
(b)not to replace, amend or supplement its Offer unless requested to do so by QUT; and
(c)any replacement, amendment or supplement to your Response will constitute a co-existing offer binding on you and capable of acceptance by QUT.
11changes 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 Offer. Any such information will be posted to the Queensland Government eTendering site.
12amendment to offer
12.1The Respondent must not amend or withdraw its Offer during the Validity Period, unless QUT agrees.
12.2If the Respondent purports to amend or withdraw its Offer (without the agreement of QUT), QUT may in its absolute discretion accept the Offer in the amended form or in the form originally submitted.
12.3The Respondent must inform QUT promptly in writing of any material change:
(a)to any information in its Offer;
(b)in circumstances that may affect the truth, completeness, or accuracy of any of the information provided in connection with the Offer; or
(c)which could impact adversely on its ability to perform the obligations in relation to the good and/or services specified in the RFO.
12.4If QUT accepts any amendment or supplementary information provided by a Respondent, then such amendment or supplementary information will be taken to form part of the Respondent’s Offer.
13FURTHER INFORMATION
13.1The Respondent must if requested by QUT:
(a)provide further information in relation to the Offer or any aspect of the Respondent’s capacity to perform the Contract;
(b)give a presentation at a time or place nominated by QUT in relation to the Offer;
(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 inspect any facility or equipment proposed for use in the performance of the Contract; 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 Offer.
13.2QUT 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.
13.3After 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 Offer;
(b)invite all Respondents to change their Offers in response to a change in RFO Documents; or
(c)enter into post-offer negotiations with a preferred Respondent or a shortlist of Respondents.
13.4Any 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 Contract or the RFO Documents shall not form part of the Contract or the RFO Documents; and
(b)not warranted or held out by QUT as accurate, correct or adequate.
14EVALUATION CRITERIA
14.1Offers will be evaluated by QUTby reference to the Evaluation Criteria.
14.2The 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 Offer.
14.3In 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;
(c)any information obtained pursuant to any meetings conducted with the Respondent.
14.4QUT 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.
14.5Where QUT exercises its rights under clause 14.4(a), it will give the Respondent notice of the variation or amendment and give the Respondent opportunity to amend, vary or withdraw its Response by notice, in writing
14.6It is the Respondent’s responsibility to ensure that its Offer addresses all the Evaluation Criteria.
15ACCEPTANCE AND/OR REJECTION
15.1After evaluation of all Offers received QUT may, without limiting other options available to it, do any one or more of the following:
(a)if indicated in Annexure 1, select a panel of suppliers from the Respondents;
(b)accept one Offer, or more than one Offer, for the whole of its requirements;
(c)accept separate Offers for any portion of its requirements;
(d)accept one Offer, or more than one Offer, for any portion of its requirements;
(e)accept any part of an Offer;
(f)accept an Offer that QUT considers the best solution, including:
(i)a non-conforming Offer;
(ii)an alternative Offer; and/or
(iii)an innovative solution;
(g)not accept the lowest Offer;
(h)not accept any Offer; or
(i)commence a new process for calling Offers on a similar or different basis to that outlined in this RFO.
16FORMATION OF CONTRACT
Notwithstanding that QUT may advise the Respondent that its Offer has been successful and that it wishes to enter into a Contract, the Contract shall not be formed until both parties have signed a written Contract.
17acceptance OF OFFER OR OTHER PERIODIC ARRANGEMENTS
If Respondents are invited for participation in either a register of pre-qualified suppliers, panel arrangement or preferred supplier arrangement QUT will not be obliged to purchase all or any of their requirements from the Respondent pursuant to the arrangement.
18Insurance
18.1In submitting a Offer, the Respondent must provide acceptable evidence of the following insurance policies which are to be maintained at the Respondent’s expense:
(a)Workers Compensation insurance in accordance with applicable legislation for the Respondent’s employees;
(b)public liability insurance to the value of at least the amount specified in item 7 of Annexure 1;
(c)professional indemnity insurance to the value of at least the amount specified in item 8 of Annexure 1, which shall be maintained by the Respondent for a period of 3 years after the expiry or termination of the Contract; and
(d)any other insurance specified in item 9 of Annexure 1.
18.2The Respondent must provide in its Response a certificate of currency or other evidence satisfactory to QUT for each insurance policy specified in clause 18.1.
19Right to information and disclosure
19.1The Right to Information Act 2009 (Qld) (RTI Act) provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies, including QUT.
19.2The RTI Act requires that documents be disclosed upon request, unless the documents are exempt or on balance, disclosure is contrary to the public interest.
19.3Information contained in an Offer is potentially subject to disclosure to third parties.
19.4If disclosure under the RTI Act, and/or general disclosure of its Offer, 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 Offer. 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.
19.5Despite any other provision of the RFO, if the total value of the goods and/or services is $10,000 or more QUTis entitled to publish on the Department of Housing and Public Works’ website: ‘ Procurement Transformation QTenders – view Awarded contracts’’ or by any other means, the following details for any Contracts :
(a)the name and address of the Respondent;
(b)a description of the goods or services tendered or contracted for;
(c)the contract commencement date or award date;
(d)the value of the contract;
(e)the name and address of the successful Respondent;