RFQ reference: [Insert reference number]

THE STATE OF TASMANIA

Request for Quotation – Building and Construction Minor Works (AS4905-2002 version)

[Insert concisedescription of the Works]

This Request for Quotation (RFQ) for works is issued by
the State of Tasmania acting through the Department of [insert name].

This document comprises the following parts:

Part A: RFQ Overview
Part B: RFQ Information Table
Part C: Contract Information Table
Part D: Glossary of Terms

Part E: Conditions of Quotation

Attachment 1: Conditions of Contract (including Annexures)

Attachment 2: Plans and Specification for the Works

Attachment 3: Quotation Form

Part A: RFQ Overview
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RFQ reference: [Insert reference number]

In this RFQ, the State is called the Principal.

The works to be carried out are described in Item 1 of the Contract Information Table.

Details about how to lodge a Quotation are set out in Item 3 of the RFQ Information Table.

Conditions of Quotation: Please read the Conditions of Quotation in Part E before submitting a Quotation. The RFQ Information Table in Part B also forms part of the Conditions of Quotation. The Conditions of Quotation are the conditions upon which the Principal is prepared to receive and evaluate Quotations. Failure to strictly observe these conditions may result in a Quotation being rejected without evaluation.

Conditions of Contract: Please read the Conditions of Contract Attachment 1. The Contract Information Table in Part C also forms part of the Conditions of Contract. The Conditions of Contract set out the terms and conditions that will apply to the contract for the undertaking of the Works.

Quotation Form: The Quotation Form in Attachment 3 is a required form that must be completed. Do not separate the Quotation Form from this RFQ document. A Quotation is likely to be rejected if the Quotation Form is not used. A Quotation must contain (or be accompanied by) all the information and details required by this RFQ.

Enquires, and requests for further information about this RFQ, should be directed to the Contact Officer as follows:

Department: [Insert name of Department]

Contact Officer: [Insert contact officer name]

Telephone: (03) [Insert telephone number]

Facsimile: (03) [Insert facsimile number]

Email: [Insert email address]

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RFQ reference: [Insert reference number]

Part B: RFQ Information Table
Item 1: / Closing date and time for lodgement of a Quotation: / The closing date and time for lodgement of a Quotation is [Insert date and time by which Quotations are to be lodged] Tasmanian time. The Principal may extend the closing date and time.
Item 2: / Pre-Quotation briefing session details: / [Select one of the following alternatives: Alternative 1: ~ Pre-Quotation briefing details are as follows [Insert details of time, date]. It is strongly recommended that all prospective suppliers attend. ~ Alternative 2: ~ It is not intended to hold any Pre-Quotation briefing sessions. ~]
Item 3: / Place and method of lodging a Quotation: / A Quotation must be lodged as follows:
[Insert details]
Item 4: / Status of Quotation: / A Quotation lodged by a supplier in response to this RFQ constitutes an offer by the supplier to undertake the Works. However, a contract for the carrying out of the Works will only be formed when the Principal and the successful supplier enter into a formal instrument of agreement.
Item 5: / Information to be provided by suppliers as part of Quotation: / [Insert information to be provided by suppliers, including Local SME Industry Impact Statement pursuant to Item 6 of this Part and Item 13 of Part E: Conditions of Quotation]
Item 6: / Evaluation criteria: / The Principal, in its evaluation of Quotations, will take all relevant factors into consideration, including value for money and enhancing opportunities for local businesses, to achieve the best outcome for the Government. In evaluating quotations, the Principal may take into consideration factors including, but not limited to: price; experience; previous performance; capability; safety performance; and conformity with the requirements of this RFQ and relevant Government policies.
[Procurements valued at $50000 or more must include, as a criterion, the provision of a Local SME Industry Impact Statement. The weighting to be applied to the criterion is to be determined by the Department, but must be at least 20per cent]
The specific evaluation criteria with respect to this RFQ are as follows:
[Insert specific criteria required as generated through the approved Tender Evaluation Plan]
It is a mandatory requirement for submission of a Quotation that the supplier and all its employees and subcontractors hold as at the date of the Quotation all required accreditations, certifications, registrations or licences required at law for the undertaking of the Works.
Item 7: / Notification of outcome: / It is anticipated that the successful supplier will be notified in writing of the outcome of the RFQ process by [insert date].
Unsuccessful suppliers will be notified at the conclusion of the procurement process.
Item 8: / Special conditions forming part of Conditions of Quotation: / The following special conditions also form part of the Conditions of Quotation:
[Insert any special terms and conditions or, if there are none, insert 'Nil']
Part C: Contract Information Table
Item 1: / Works: / The following works (Works) are to be carried out by the Contractor:
[Insert detailed description of Works. If there are plans and specifications for the Works insert ~ The plans and specifications for the Works are included in Attachment 2.~]
Item 2: / Site: / The Works are to be carried out at the following location:
[Insert address where the Works are to be carried out]
Item 3: / Date for commencement of the Works: / The Contractor is to commence the Works by:
[Insert date on or by which the works are to be commenced for example 20 Business Days after the signing of the Formal Instrument of Agreement]
Item 4: / Insurance: / Details of the required insurances are specified in Annexures Part A and Part B.[Drafting Note: pursuant to the Treasurer’s Instruction 1221 - Contractor Insurance Requirements for Building and Construction Works,the Principal mustensure that contractors effect insurance of the works and public liability throughthe Principal-nominated insurance policy for all minor works projects with a value of $50000 and above unless a risk assessment undertaken by the Department indicates that the use of the policy is not warranted]
Part D: Glossary of terms
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RFQ reference: [Insert reference number]

In this RFQ, unless the context otherwise requires:

Business Day means a day on which banks are generally open for business in Hobart (but does not include a Saturday, Sunday or public holiday generally observed in Hobart).

Conditions of Contract means the conditions of contract in Attachment 1.

Conditions of Quotation has the meaning in Part E clause 1.

Contract means the contract for the carrying out of the Works by the Contractor.

Contract Information Table means the table in Part C.

Contractor means the supplier who becomes the contractor to undertake the Works following the settlement and signing of a formal instrument of agreement by the successful supplier and the Principal.

Date for Practical Completion means the date in Item 7 of Annexure Part A included in the Conditions of Contract being the date by which the Works must be completed.

GST has the meaning in the A New Tax System (Goods and Services) Act 1999 (Cwlth).

Plans and Specifications means the plans and specifications (if any) for the Works included in Attachment 2.

Principal means the State of Tasmania.

RFQ means this request for quotation document (and includes all of its parts and attachments).

RFQ Information Table means the table in Part B.

Quotationmeans a quote submitted by a contractor to whom the Principal has issued this RFQ.

Quotation Formmeans the Quotation Form Attachment 3.

Works has the meaning in Item 1of the Contract Information Table.

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RFQ reference: [Insert reference number]

Part E: Conditions of Quotation
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RFQ reference: [Insert reference number]

1Conditions of Quotation

The conditions of quotation (Conditions of Quotation) comprise Part B and Part E of this RFQ.

If there is any inconsistency between the special conditions in Item 8 of the RFQ Information Table and any other Conditions of Quotation, the special conditions override the other inconsistent Conditions of Quotation to the extent of the inconsistency.

A special condition in Item 8 of the RFQ Information Table is taken not to be inconsistent with the other Conditions of Quotation if the special condition and the other Conditions of Quotation are both capable of being complied with.

2Communications

A prospective supplier must direct all communications and enquiries concerning this RFQ to the Contact Officer named in Part A.

Unauthorised communication by a prospective supplier with any other employee or agent of the Principal may lead to a Quotation being rejected.

3Addenda

The Principal may change this RFQ by issuing Addenda in writing. Any Addenda become part of this RFQ. Addenda issued by the Principal are the only recognised explanations of, or amendments to, this RFQ.

4Agreement to be bound

By lodging a Quotation a prospective supplier agrees to be bound by the Conditions of Quotation.

5Additional requirements

A prospective supplier must comply with the National Code of Practice for the Construction Industry, 1997 Edition, the Tasmanian Annexure to the National Code of Practice for the Construction Industry, and the Australian Standard Code of Tendering AS4120-1994.

Lodgement of a quotation constitutes the prospective supplier’s agreement to comply with the Code for the duration of any subsequent contract that may be awarded to the prospective supplier.

Compliance with the National Code of Practice for the Construction Industry, 1997 Edition and the Tasmanian Annexure to the National Code of Practice for the Construction Industry is to extend to all subcontractors, consultants and suppliers engaged by the successful supplier in relation to the carrying out of the Works.

For copies of the Code and the Tasmanian Annexure, refer to www.purchasing.tas.gov.au > Buying for Government > Resources > Publications

[Drafting note: The following section is an optional inclusion and may be removed at the discretion of the drafter] If a prospective supplier fails to comply, the failure may be taken into account by the Principal and may involve: a formal warning; partial exclusion from tendering opportunities that is a reduction in the number of tendering opportunities; or preclusion from tendering for any work for a specified period.

The Code of Tendering AS41201994 applies as part of the Request for Quotation provided that, to the extent of any inconsistency, the Conditions of Quotation will prevail.

6Use of RFQ and information restricted

This RFQ, and any information provided by the Principal to a prospective supplier as part of the RFQ process, remain the property of the Principal, and may only be used by a prospective supplier to prepare a Quotation in response to this RFQ. Only prospective suppliers to whom this RFQ is issued may submit a Quotation.

7Status of RFQ representation

No representation made by or on behalf of the Principal during the RFQ process binds the Principal unless the representation is subsequently included as part of a formal instrument of agreement.

8Confidentiality

A prospective supplier who submits a Quotation must keep the information in its Quotation confidential. Nothing in this clause prevents a prospective supplier from disclosing information in its Quotation: that is available to the public generally otherwise than as a result of a breach of this clause 8 by the prospective supplier; if the disclosure of the Quotation is required by law; if the disclosure is necessary to obtain an approval or licence under a law; or if the disclosure is to the prospective supplier's professional advisers or lenders.

9Confidentiality in Government contracts

The Principal is committed to ensuring that government contracting is conducted in an open and transparent manner and that unnecessary confidentiality provisions do not fetter scrutiny of contracts. The Principal’s policy on confidentiality of information provides that in any contract between the Principal and another party, confidentiality requirements in relation to the provisions of the contract are not to be included. Accordingly, despite any confidentiality, either party may publish, without reference to the other, all or any part of the Contract.

10Quotations become property of the Principal

All Quotations become the property of the Principal on submission. The Principal may reproduce all or any part of a Quotation for any purpose related to evaluation of the Quotation.

11Reservations

The Principal reserves the right at its absolute discretion:

(a)by written notice to prospective suppliers (who have been issued this RFQ) to do any of the following things: to discontinue or suspend the RFQ process; to extend the closing date and time in Item 1 of the RFQ Information Table; and to amend this RFQ;

(b)to negotiate with any prospective supplier submitting a Quotation; and

(c)to determine the number of organisations with whom it will contract.

The Principal is not bound to accept the lowest, or any, Quotation submitted.

12Content and format of Quotations

Quotations must include all the information listed in Item 5 of the RFQ Information Table.

A Quotation must be prepared using the Quotation Form in Attachment 3.

13Local SME Industry Impact Statement

The Tasmanian Government is committed to maximising opportunities for local Small and Medium Enterprises (SME are Australian and New Zealand businesses employing less than 200 people) businesses in competing for, and winning, Government procurements. As part of this commitment, prospective suppliers are requestedto provide a statement of industry impact as part of their Quotation. This statement is aimed at enabling prospective suppliers to outline how their proposed supply of goods/services will provide a positive impact on the local industry.

The Local SME Industry Impact Statement is an essential part of the prospective supplier’s Quotation and will be used by the Principal to evaluate the Quotation. The statement will contribute a minimum of 20per cent of the procurement evaluation. Prospective suppliers that fail to submit a statement will not be able to be scored in relation to this criterion.

The Local SME Industry Impact Statement (template/guide) is in Schedule 2 of Attachment 3: Quotation Form.

14Alternative offers

Prospective suppliers may submit an alternative proposal if it is clearly identified as an 'Alternative Offer' wherever it fails to comply with this RFQ.

A prospective supplier who submits a quotation which meets the requirements in this RFQ in an alternative and practical manner, taking into account the totality of those requirements, must include any supplementary material, together with associated prices, which demonstrates, in detail, that the alternative offer will fully achieve all the requirements.

The Principal reserves the right either to consider Alternative Offers on their merits or not to consider them further.

15Monetary amounts

All monetary amounts must be expressed in Australian dollars (exclusive of GST). The Conditions of Contract allow for the payment of GST.

16Preparation of Quotation

The Principal will neither be responsible, nor pay, for any cost, expense or loss, which may be incurred by any person in connection with the preparation or presentation of a Quotation.

17Exclusion of liability

The Principal is not liable for any error or omission in this RFQ.

18Validity

A Quotation constitutes an irrevocable, unalterable offer by the prospective supplier to the Principal. A Quotation must remain valid and open to be accepted for 90 days from the closing time and date specified in Item 1 of the RFQ Information Table. The period of 90 days may be extended by written agreement between the prospective supplier and the Principal.

19Lodgement of Quotations

A Quotation must be lodged by the closing time and date specified in Item 1 of the RFQ Information Table or as extended under clause 11. A Quotation must be lodged in a manner specified in Item 3 of the RFQ Information Table.

If Item 3 of the RFQ Information Table permits lodgement of Quotations by email the following provisions apply. Lodgement by email will be at the sole risk of the prospective supplier. The Principal does not warrant that a prospective supplier will be able to upload its Quotation to the email address for lodgement. A Quotation may be rejected if it contains a virus, worm or other defect, or if the Quotation does not comply with any format, size or other requirements stated in Item 3 of the RFQ Information Table.

20Late Quotations

Late Quotations will not be considered unless the Principal is of the view (and its decision will be absolute and final) that:

(a)circumstances beyond the prospective supplier’s control were the cause of the lateness; and

(b)the consideration of the late Quotation will not compromise the integrity of the procurement process or provide any unfair advantage to the prospective supplier lodging the late Quotation.

Late Quotations that are not accepted will be marked on the envelope with the time and date of receipt, and be returned to the prospective supplier.

21How a contract is formed

A contract for the carrying out the Works will be formed when the Principal and the successful prospective supplier enter into a formal instrument of agreement.

22Debriefing

Unsuccessful prospective suppliers are encouraged to contact the Contact Officer (named in Part A) to request a debriefing to discuss the reasons for their nonselection. If requested to do so, the Principal will provide a debriefing for unsuccessful prospective suppliers after a contract has been formed for the carrying out of the Works, or the Principal has decided not to award a contract for the carrying out of the Works.

23Complaints process

Tenderers may lodge a complaint if they believe the RFQ process has not complied with the Tasmanian Government’s procurement policies. Further information on the formal complaints process is available from the website www.purchasing.tas.gov.au, or may be obtained from the Contact Officer (named in Part A).

24Licences and registrations