Request for Tender
for the provision of Ground Cover TV
RFT No. 2013.07.19
Part C – Response Form
Tender
Full name of Tenderer: [Tenderer to insert details]
Place for Lodgement:
Tourism House
Level 1, 40 Blackall Street
Barton ACT 2600
Information for Tenderers
1.
Structure of this RFT
This Request for Tender (RFT) is made up of the following Parts:
Part A: RFT Requirements
Part B: RFT Terms and Conditions
(this) Part C: RFT Response Form, which consists of:
Part C1 –Tenderer’s Details
Part C2 – Response to Statement of Requirements
Part C3 – Tendered Pricing
Part C4 – Contract Compliance Statement
Part C5 – Tenderer’s Deed Poll
Before preparing a tender, Tenderers should make sure they have read and
understood all Parts of the RFT documentation.
2.
Instructions
2.1.
Form of response
Tenderers should ensure that their tenders are substantially in the form of this Part C
– Response Form.
Tenderers should fully address all requirements set out in this RFT in preparing their
tender. Tenderers may delete the ‘instructions’ from this document upon completion.
Tenderers may attach additional details, tables etc as an appendix, as appropriate or
necessary.
2.2.
Completing this response
Tenderers should complete all information requested in this Response Form.
Tenderers should type the information requested in each item in the space provided
and generally notated ‘[insert details]’.
Tenderer’s should ensure that enough detail is provided for the purposes of the
evaluation. Information should be presented clearly and succinctly.
Responses will be evaluated in accordance with Part B2 of this RFT, including the
Evaluation Criteria set out in Part B2.
The inclusion of general marketing or other information that does not address the
Evaluation Criteria is discouraged.
2.3.
Mandatory Requirements
Tenderers must satisfy all the Conditions for Participation and tenders must meet all
Minimum Content and Format Requirements specified in Part A of this RFT.
Request for Tender Part C
RFT No 2013.07.19
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Tenderer: [insert tenderer name]
Tenderer’s Details
Part C1
1.
Tenderer’s Details
Tenderers should provide company, firm and/or business names as appropriate.
Include ABN, ACN, ARBN or other registration numbers wherever applicable:
Table: Tenderer Details
Tenderer’s legal name
[insert name]
Trading or business name/s
(if different to above)
[insert details]
ABN
[insert details]
ACN / ARBN / other
[insert details]
Type of entity (eg company,
incorporated association,
natural person)
[insert details]
Registered office / principal
place of business
[insert details]
Tenderer’s nominated
contact
[insert details]
(Include, name, position,
phone and email)
If a company, names and
ABN/ACN (if applicable) of:
[insert details]
 individual shareholders
holding 20 per cent or
more of any issued
share capital
 any related companies
(within the meaning of
section 50 of the
Corporations Act 2001)
If a trustee, provide details
of the relevant trust
including a copy of the
relevant trust deed
(including any variations to
that deed)
[insert details]
Request for Tender Part C
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Tenderer: [insert tenderer name]
Table: Tenderer Details
If a partnership, provide
details of the relevant
partnership including a
copy of the relevant
partnership agreement
[insert details]
If other entity, provide
details
[insert details]
2.
Subcontractor Details (if applicable)
Tenderers should provide details of any proposed subcontracting arrangements.
Table: Subcontractor Details
Provide details of subcontractor(s)
proposed to deliver part of the
requirements including legal name, part
of the requirements proposed to be
delivered and details of arrangements
between Tenderer and subcontractor.
3.
[insert details]
Conditions for Participation
The Tenderer confirms that it meets the following Conditions for Participation:
Table: Conditions for Participation
The Tenderer must not be named as not complying with the Equal
Opportunity for Women in the Workplace Act 1999.
[Yes/No]
Note to Tenderer: Tenderers should be aware that a failure to satisfy any Condition
for Participation will result in the tender being excluded from consideration under this
RFT.
4.
Minimum Content and Format Requirements
The Tenderer confirms that its tender meets the following Minimum Content and
Format Requirements
Table: Minimum Content and Format Requirements
The tender is written in English and measurements are expressed
in Australian legal units of measurement.
[Yes/No]
This tender includes the Tenderer’s Details substantially in
accordance with Part C1.
[Yes/No]
Request for Tender Part C
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Tenderer: [insert tenderer name]
Table: Minimum Content and Format Requirements
This tender includes pricing information substantially in
accordance with Part C3.
[Yes/No]
This tender includes a Contract Compliance Statement
substantially in accordance with Part C4.
[Yes/No]
This tender includes a signed Tenderer’s Deed Poll substantially
in the form of Part C5.
[Yes/No]
The tender includes examples of previous work (a copy of
television episodes or segments previously produced by the
tenderer).
[Yes/No]
*Note to Tenderer: Tenderers should be aware that a failure to satisfy any Minimum
Content and Format Requirement will, subject to section 1.1.4 of Part B2, result in the
tender being excluded from consideration under this RFT.
5.
Conflict of Interest
Tenderers should provide a statement regarding any issues that it reasonably
considers may give rise to a Conflict of Interest in the provision of the required
Supplies (see definition of ‘Conflict of Interest’ in Part B3 of this RFT). Any actions or
arrangements that the Tenderer proposes to undertake in response to these issues
should also be detailed in this part. Please note that clarification may be sought by
the GRDC at any time as part of this RFT process.
Table: Conflicts of Interest
[insert details of Conflicts of Interest]
6.
[insert details of proposed response or
mitigations]
Insurance
Tenderers should provide details of insurance cover held and/or proposed in respect
of the provision of the Supplies. Such details should include, but need not be limited
to:
(a)
types of insurance coverage held;
(b)
details of any blanket policy held;
(c)
amount of cover provided in policy; and
(d)
exclusions.
The Draft Contract describes the GRDC's expectations in regard to the type and
amount of insurance cover for the proposed Supplies.
Table: Insurance Details
[name of policy]
[insert details]
Request for Tender Part C
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Tenderer: [insert tenderer name]
Table: Insurance Details
[name of policy]
7.
[insert details]
Financial Information
Tenderers should provide financial information relating to their tender in the form of
the tables set out below.
The GRDC, or any third party authorised by the GRDC, may perform such security,
probity and financial investigations and procedures as the GRDC may determine are
necessary in relation to any Tenderer, its employees, officers, partners, associates,
subcontractors or related entities. Tenderers may be required to provide access to
records requested by the GRDC or its third party representative/s in order to facilitate
the necessary financial investigations.
Tenderers should provide the following information (as applicable) relating to their
tender.
Table: Financial and related information
Response
Is the Tenderer subject to any petitions, claims,
actions, judgements, or decisions, etc. which is
likely to adversely affect your performance of the
contract (not including decisions which have been
rectified or are under appeal).
[Yes/No]
(if yes, provide details).
The Tenderer is:
[delete non-applicable types]
The Tenderer has been in business for:
[delete non-applicable periods]
Sole Trader
Partnership
Incorporated Association
Company (specify type)
Trust
Government.
Less than 12 months
1–2 years
2–4 years
4–6 years
6–8 years
longer than 8 years.
Tenderers should provide the financial statement summary (as applicable).
Table: Financial statement summary
Item
Year to date
Previous
Financial year
Next to
previous
financial year
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Tenderer: [insert tenderer name]
Table: Financial statement summary
Operating income
Interest paid
Net operating income
Dividends / distributions /
drawings paid
Cash at bank
Total current / financial
assets
Total assets
Level of debt
Total current liabilities
Total liabilities
Total equity
Tenderers should provide copies of the following information (as applicable).
Table: Supporting Materials
Attached
Most recent audited financial statements including a copy of the
auditor’s statement
[Yes/No]
Most recent annual report
[Yes/No]
Copy of certificate of currency for public liability insurance
[Yes/No]
Copy of certificate of currency for workers compensation
insurance
[Yes/No]
Copy of certificate of currency for professional indemnity
insurance
[Yes/No]
Details of any petitions, claims, actions, judgements, or decisions,
etc. which is likely to adversely affect your performance of the
contract.
[Yes/No]
Request for Tender Part C
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Tenderer: [insert tenderer name]
Part C2
Response to Statement of Requirements
Technical
1.
Tenderers should complete the following information.
Table: Technical requirements
1.
Ability - The Tenderer’s ability to provide the Supplies in accordance
with the Statement of Requirements, based on:
(a)
the Tenderer’s industry experience and expertise;
[insert details]
(b)
the past performance of the Tenderer and any proposed
subcontractors or personnel at providing similar Supplies of the
scale and complexity described in the Statement of
Requirements; and
[insert details]
(c)
the Tenderer’s skills and qualifications (including those of any
proposed personnel and subcontractors).
[insert details]
2.
Capacity - The capacity of the Tenderer to provide the Supplies in
accordance with the Statement of Requirements within the required
timeframe, including:
the availability of the Tenderer’s personnel and sub-contractors
and time allocation to the task;
(a)
[insert details]
(b)
the ability of the Tenderer to meet project deadlines; and
[insert details]
the Tenderer’s capacity to provide the Supplies over the required
period.
(c)
[insert details]
2.
Key Performance Indicators
Tenderers should indicate compliance with the proposed Key Performance Indicators
(KPIs) specified in section 3.4 of Part A of the RFT. Tenderers may also include
details of any ‘measures’ they consider applicable to those KPIs.
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Tenderer: [insert tenderer name]
Tenderers may suggest alternative or additional KPIs, as applicable in light of their
proposed service methodology for delivery of the Supplies.
3.
Intellectual Property
Tenderers should provide the following details in relation to any IPR in Background
Material (as defined in the Draft Contract) that it is planning to use, or that it may use,
in providing the Supplies.
Table: Background Materials
Description of
Background
Material
4.
IPR in
Background
Material
Tenderer’s rights
to use
Background
Material for
Supplies (eg
licensee or
owner)
Conditions or
restrictions on
GRDC’s use
(see Draft
Contract for IPR
terms)
Transition Management Plan
Tenderers should provide information to explain the process it would adopt to ensure
it commences providing the Supplies, and is in a position to deliver the first episode of
Ground Cover TV, on the required dates.
Tenderers should provide a schedule, including timelines, that details:

the transition tasks the Tenderer identifies as necessary for effecting the
transition from GRDC’s current arrangements to the contractor under the
Contract;

the respective roles and responsibilities the Tenderer proposes for the
contractor and GRDC, to facilitate the transition of the Supplies to ensure
timeframes (as required) are met; and

the nature of any special transition requirements the Tenderer has identified
as associated with the Tenderer’s proposed method of providing the Supplies.
Tenderers should ensure efficient and clear transition planning in the proposed
method for delivery of the Supplies. GRDC will provide reasonable assistance in
relation to transition of the Supplies.
Request for Tender Part C
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Tenderer: [insert tenderer name]
Part C3
Tendered Pricing
Tenderers should complete the following information.
Table: Total Fee per episode
Total Fee
(GST exclusive)
Total Fee
(GST inclusive)
Each episode of Ground
Cover TV
The total Fee for each episode as described above must be inclusive of all
management, administrative, production, editing and travel costs, including
associated sub-contractor and third party costs, associated with the production and
delivery of the relevant episode.
A breakdown of the Tenderer’s Fee (above) is also required to be presented for the
following categories:
Table: Price breakdown (per episode)
Total Price
(GST exclusive)
Total Price
(GST inclusive)
Story budget
(itemised)
Hosting budget
(itemised)
Program compilation
budget
(itemised)
Final product budget
(itemised)
other [please specify]
Request for Tender Part C
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Tenderer: [insert tenderer name]
Part C4
Contract Compliance Statement
Compliance Statement
1.
Tenderers should refer to the Draft Contract at Part A4 of this RFT.
Tenderers should state their compliance or otherwise with the Draft Contract for this
RFT.
The table format below should be used in completing this Compliance Statement:
Table: Contract Compliance Statement
Clause /
Nature of Compliance
Schedule /
Attachment
Explanation of partial or non
compliance
Instructions for completing compliance statement
2.
Tenderers should note that the extent of non-compliance will be a factor in the
evaluation process. Any additional cost or risk that compliance with those variations
or additions will impose on the GRDC may be taken into consideration in evaluation.
In completing this Compliance Statement, the items should be in the order in which
the clauses appear in the Draft Contract and refer to the relevant clause number,
Schedule or Attachment. Compliance responses should be limited to the following
expressions:
"Compliant" - which means:
(i)
in the case of a clause which is of an informative nature only, the
clause has been read and understood;
(ii)
in the case of a clause which imposes a contractual condition, that the
condition is agreed; and
(iii)
in the case of a clause which directs that an action be taken, that this
has occurred/will occur.
"Partially Compliant" - which means in the case of a clause which imposes a
contractual condition, that the Tenderer can meet the condition subject
to certain qualifications.
"Not Compliant" - which means:
(i)
in the case of a clause which imposes a contractual condition, that the
Tenderer does not agree with that condition; and
Request for Tender Part C
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Tenderer: [insert tenderer name]
(ii)
in the case of a clause which directs that an action be taken, that this
has not occurred/will not occur.
Where a Tenderer states that it is partially compliant or not compliant with a clause,
the extent of non compliance should be stated in full in the Compliance Statement. In
this case, the Tenderer should:

provide specific reasons for non-compliance with the clause; and

provide a specific proposal for alternative wording for the clause.
Non-committal terms such as “Noted” or a failure to respond may be deemed as a
response of “Not Compliant”.
When completing the Compliance Statement, the Tenderer may group clauses where
the response is the same for each of those clauses. For example “Clauses 2.1 to 2.6
– Compliant”.
Request for Tender Part C
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Tenderer: [insert tenderer name]
Tenderer’s Deed Poll
Part C5
Name of Tenderer:
[insert full name]
ABN / ACN:
[insert ABN & ACN(if applicable)]
(“Tenderer”)
Offer to provide Supplies
1.
The Tenderer offers to provide the Supplies described in the Request for
Tender No. 2013.07.19 (“RFT”) issued by the GRDC (“GRDC”), at the fees
and charges tendered in its tender and subject to the terms and conditions of
the RFT.
2.
The Tenderer acknowledges that:
(a)
it has the capacity to offer the Supplies as described in its tender and
there is no restriction under any relevant law to prevent it from making
such an offer;
(b)
it has sufficient financial resources to deliver the Supplies, including in
respect of any guarantees or warranties related to the delivery of those
Supplies;
(c)
there are no current or impending legal action (either formal
proceedings or notification of legal action) which the Tenderer is aware
that could impact on the financial viability of the Tenderer or the
delivery of the Supplies; and
(d)
it complies with all Conditions for Participation set out in this RFT.
Conflict of Interest
3.
At the time of submitting its tender, the Tenderer has made reasonable
enquiries and is not aware of any Conflict of Interest, other than those
disclosed in its tender (in Part C1), that exists or may arise in the provision of
the Supplies should the Tenderer be successful as a result of this RFT
process.
Offer Period
4.
The Tenderer’s offer, as comprised in its tender, remains open for the Offer
Period.
5.
The Tenderer will notify the GRDC of relevant details if there is any ‘material
change’ in the Tenderer or the tender after lodgement of this tender, as
required under this RFT.
Request for Tender Part C
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Tenderer: [insert tenderer name]
Compilation of tender
6.
The Tenderer’s tender has been compiled without the improper assistance of
employees or former employees of the GRDC and without the use of illegally
obtained information.
7.
Neither the Tenderer, nor any of its officers, employees, agents,
subcontractors and/or proposed consortium members (if any), has attempted
to, or will attempt to, improperly influence an officer of the Commonwealth in
connection with the preparation or assessment of this tender.
Judicial decisions
8.
The Tenderer represents that it does not have a judicial decision against it
(apart from a decision which has been rectified or is under appeal) relating to
employee entitlements where the Tenderer has not paid the claim.
Compliance with Fair Work Principles
9.
The Tenderer agrees the GRDC may provide any information collected, or
provided to it by the Tenderer during the course of this RFT process regarding
possible breaches of the Fair Work Principles to other Commonwealth
departments, agencies or regulatory bodies.
False or misleading statements
10.
The Tenderer is aware that giving false or misleading information is a serious
offence, pursuant to section 137.1 of the Criminal Code Act 1995 (Cth).
This Deed Poll is provided for the benefit of the Grains Research and Development
Corporation in accordance with the laws of the Australian Capital Territory.
SIGNED, SEALED AND DELIVERED AS A DEED POLL for the benefit of the
Grains Research and Development Corporation.
Signature of authorised
officer of the
Tenderer*:
Full name of
authorised officer of
the Tenderer:
Signature of Witness:
Full name of Witness:
Date:
*By signing, the authorised officer warrants that they are legally authorised to sign
this document on behalf of the Tenderer described in this Deed Poll.
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