arrangement number.doc.doc

Standing Offer Arrangement

INVITATION TO OFFER

For the provision ofGoods and/or Services

Version 002- dated 1 July 2009

Standing Offer Arrangement – Invitation to Offer____________________________________________________________________________________________________________________________________

Table of Contents

PART 1 INVITATION TO OFFER DETAILS

PART 2 CONDITIONS OF OFFER – STANDING OFFER ARRANGEMENT

2.1 Standing Offer Arrangement - Conditions of Offer2.2 Additional Standing Offer Arrangement - Conditions of Offer

PART 3 SPECIFICATIONS

3.1 Purpose;

3.2 Objective/Scope;

3.3 Background;

3.4 Requirements.

PART 4 OFFER EVALUATION PROCESS AND CRITERIA

4.1 Evaluation Process;4.2 Evaluation Criteria;4.3 Response Forms.

PART 5 STANDING OFFER ARRANGMENT CONDITIONS AND CONDITIONS OF CONTRACT5.1 Standing Offer Arrangement Conditions;5.2 Additional Standing Offer Arrangement Conditions;5.3 Conditions of Contract;5.4 Additional Conditions of Contract.

PART 6 RESPONSE FORMS

6.1 Offeror Authorisation and Certification;

6.2 Goods and/or Services including Price under the Arrangement;

6.3 Additional Provisions of the Arrangement;

6.4 Schedules of Arrangement:

Schedule 1 –Arrangement Details;

Schedule 2 – Goods and/or Services including Pricing of the Arrangement; (Draft for Information Only);

Schedule 3 – Additional Provisions of the Arrangement (Draft for Information Only);

Schedule A – Contract Details;

6.5 Existing Arrangements within the Queensland Government or other Entities;

6.6 Declaration of Interest and Possible Influences;

6.7 Statement of Competitive Neutrality;

6.8 Check List.

Version 002 – dated 1 July 2009 2


PART 1 –INVITATION TO OFFER DETAILS

Offers are invited by the State of Queensland (acting through the <<insert name of department/agency>>) in relation to Invitation to Offer No. <<insert Invitation No.>> for the establishment of a Standing Offer Arrangement for the provision of <<insert brief description of Invitation>> as specified in this Invitation to Offer document.

Offers are to be submitted on the basis that they conform with the following: Part 2 - Standing Offer Arrangement - Conditions of Offer; Part 3 - Specifications; and Part 5 - Standing Offer Arrangement Conditions.

Unless the context otherwise requires or the contrary intention appears, terms defined in the Standing Offer Arrangement – Conditions of Offer Version 002 – dated 1 July 2009 have the same meaning when used in this Invitation.

ITEM DETAILS

1. Principal (clause 1.1 of Standing Offer Arrangement - Conditions of Offer):State of Queensland (acting through <<insert name of Queensland Government department, agency or shared service provider>>)OR<<insert name of other entity, if not the State of Queensland>><<insert Principal’s ABN>>.

2. Closing Date (clauses 1.1 and 8.5 of Standing Offer Arrangement - Conditions of Offer):

<<insert the time and date by which Offers must be received>> (Queensland time)

3. Eligible Customer (clause 1.1 of Standing Offer Arrangement - Conditions of Offer)

<<insert the names of the Eligible Customer’s associated with this potential Arrangement>>

4. Contact Officer (clauses 1.1 and 7.3 of Standing Offer Arrangement - Conditions of Offer):

<<insert name of the Principal’s nominated contact officer responsible for this Invitation>>

Name: <<insert name of Contact Officer>>Position Title: <<insert position title of Contact Officer>>Agency: <<insert name of Principal>>Email: <<insert email address of Principal’s Contact Officer>>

5. Confidential Information (clauses 1.1 and 12.1 of Standing Offer Arrangement Conditions of Offer):<<Principal to specify if any parts or information contained within this Invitation are confidential.>>

<<If “yes”, specify the areas which will be confidential>>

6. Offer Validity Period (clause 3.1 of Standing Offer Arrangement - Conditions of Offer):

Offers must remain valid for a minimum period of <<insert number>> day/s after the Closing Date.

7. Lodgement of Offer (clause 8.1 of Standing Offer Arrangement - Conditions of Offer) [HARD COPY OFFER ONLY]:Offers submitted in response to this Invitation will be accepted by the Principal via Hard Copy:

Yes No

If YES:Offerors are required to submit one original and <<insert number of copies required>> copy/s of their Offer.The following information MUST be identified on the front of the sealed envelope:<<insert details>>and addressed to:<<insert physical address>>OR<<insert postal address>><<insert packaging requirements, if applicable>>.

If NO: please refer to item 8 or 9 of Part 1, as applicable.



8. Lodgement of Offer (clause 8.2 of Standing Offer Arrangement - Conditions of Offer) [ELECTRONIC OFFER ONLY]:Offers submitted in response to this Invitation must be lodged via the Queensland Government Marketplace e-Tender website:

Yes NoIf YES:

Offers must be in the following software package: <<insert software package by which the Response Forms are to be submitted>>. Failure to comply with this requirement may result in a non-conforming Offer.When downloading this Invitation, Offerors must submit their Offer through the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘eTender system for Government Suppliers’. Offerors responding to a public Invitation must log in using their email address and system password, before uploading their Offer.OROfferors responding to a select Invitation must first enter the Invitation access password provided by the Contact Officer then log in using the email address and system password, before uploading their Offer.


9. Lodgement of Offer (clause 8.7 of Standing Offer Arrangement - Conditions of Offer) [Email and/or Facsimile]:Offers can be submitted via email and/or facsimile, as indicated below:

Yes No

If YES: Offers are to be emailed to <<insert email address>> or <<insert ‘not applicable’>>; or

Offers are to be faxed to <<insert facsimile number>> or <<insert ‘not applicable’>>.


10. Lodgement of Offer (clause 8.8 of Standing Offer Arrangement - Conditions of Offer):The Principal will return documents to the Offeror/s who submitted a response to this Invitation:

Yes No

11. Opening of Offers (clause 19.1 of Standing Offer Arrangement - Conditions of Offer):Offer/s will be opened publicly:

Yes No

If “YES”: Offers will be publicly opened on the Closing Date at:

<<Specify the location where Offerors may attend this opening>>

12. Right to Information (clause 33.5 of Standing Offer Arrangement - Conditions of Offer):The Principal’s RTI Unit details are as follows:RTI Co-ordinator: <<insert name of RTI co-ordinator>>Agency: <<insert name of Principal>>Address: <<insert Principal’s postal address>>Email: <<insert RTI co-ordinator’s email address>>

Information regarding Right to Information can be found viawww.qld.gov.au/right-to-information.. Right to Information applications can be made on-line via http://www.smartservice.qld.gov.au/services/information-requests/home.action.

13. Proposed Timeframe:The anticipated timeframes for this Invitation are:Release to Market <<insert date>>Industry Briefing <<insert date>>Cut-off for acceptance of information/clarification questions <<insert date>>Closure of this Invitation <<insert Closing Date>>Commence evaluation <<insert date>>Post-offer negotiations <<insert date>>Award SOA Arrangement <<insert date>>Arrangement Commencement Date <<insert date>>Arrangement Completion Date <<insert date>>

The Principal reserves the right to alter the above dates throughout this Invitation Process should the need arise.


http://www.smartservice.qld.gov.au/services/information-requests/home.action

http://www.smartservice.qld.gov.au/services/information-requests/home.action

http://www.qld.gov.au/right-to-information

http://www.qgcpo.qld.gov.au/


PART 2. – STANDING OFFER ARRANGEMENT - CONDITIONS OF OFFER

2.1 STANDING OFFER ARRANGEMENT - CONDITIONS OF OFFER

2.1.1 The Standing Offer Arrangement - Conditions of Offer Version 002 - dated 1 July 2009 along with any additional standing offer arrangement - conditions of offer as detailed in clause 2.2, will govern this Invitation Process.

2.1.2 The Standing Offer Arrangement - Conditions of Offer Version 002 - dated 1 July 2009 can be located from the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘Standard contract forms’ or via emailing the Contact Officer.

2.1.3 The Principal reserves the right to issue amended Standing Offer Arrangement - Conditions of Offer during the Invitation Process.

2.1.4 It is the responsibility of the Offeror to familiarise itself with the contents of the Standing Offer Arrangement - Conditions of Offer; Standing Offer Arrangement Conditions.

2.2 ADDITIONAL STANDING OFFER ARRANGEMENT - CONDITIONS OF OFFER

2.2.1 <<insert any additional Standing Offer Arrangement - Conditions of Offer which are relevant to this Invitation>>

2.2.2 <<insert any additional Standing Offer Arrangement - Conditions of Offer which are relevant to this Invitation>>

2.2.3 <<insert any additional Standing Offer Arrangement - Conditions of Offer which are relevant to this Invitation>>.




PART 3 – SPECIFICATIONS

3.1 PURPOSE

3.2 OBJECTIVE/SCOPE

3.3 BACKGROUND

3.4 REQUIREMENTS



PART 4 – OFFER EVALUATION PROCESS & CRITERIA

4.1 EVALUATION PROCESS

4.1.1 The Offer evaluation process will involve an assessment of Offers received against the criteria listed below. The Principal reserves the right to short-list Offer/s during the evaluation process using the evaluation criteria contained below. The evaluation process may also involve discussions with Offeror/s, reference, financial and corporate checks, a demonstration from short-listed Offeror/s and site visit assessment.

4.2 EVALUATION CRITERIA

4.2.1 Offers received will be evaluated against the following criteria and weightings (if indicated). The weightings ascribed to each criterion will be applied consistently to Offers.

<<insert evaluation criteria>>






4.3 RESPONSE FORMS

4.3.1 The Response Forms as contained within Part 6 have been included to allow Offeror/s to respond to this Invitation. It is a requirement of this Invitation that each Response Form be completed for each Offer submitted. Offerors who fail to complete the Response Forms within Part 6 will be considered to have submitted a non-conforming offer.



PART 5. –STANDING OFFER ARRANGEMENT CONDITIONS

5.1 STANDING OFFER ARRANGEMENT CONDITIONS

5.1.1 The terms and conditions in the Standing Offer Arrangement Conditions Version 002 - dated 1 July 2009 along with any additional standing offer arrangement conditions as detailed in clause 5.2, will govern any Arrangement established as a result of this Invitation Process, unless otherwise specified in Schedule 3.

5.1.2 The Standing Offer Arrangement Conditions Version 002 - dated 1 July 2009 can be located from the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘Standard contract forms’ or via emailing the Contact Officer.

5.1.3 The Principal reserves the right to issue amended Standing Offer Arrangement Conditions prior to entering into an Arrangement with the Successful Offeror, as and when required.

5.2 ADDITIONAL STANDING OFFER ARRANGEMENT CONDITIONS

5.2.1 <<insert any additional Standing Offer Arrangement Conditions which are relevant to the proposed Arrangement>>



5.2.4 <<insert any additional Standing Offer Arrangement Conditions which are relevant to the proposed Arrangement>>.

5.3 CONDITIONS OF CONTRACT

5.3.1 The terms and conditions of the Conditions of Contract contained within the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 (Section B), along with any additional conditions of contract as detailed in clause 5.4 will govern any Contracts established as a result of the Arrangement, unless otherwise specified in Schedule 3.

5.3.2 The Conditions of Contract within the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 can be located from the Queensland Government Chief Procurement Office website: www.qgcpo.qld.gov.au under ‘Standard contract forms’ or via emailing the Contact Officer.

5.3.3 The Principal reserves the right to issue amended the Conditions of Contract prior to entering into the Arrangement, as and when required.

5.4 ADDITIONAL CONDITIONS OF CONTRACT

5.4.1 <<insert any additional Conditions of Contract which are relevant to a proposed Contract>>







PART 6 – RESPONSE FORMS

Note to Offeror:The Offeror must complete ALL of the following Response Forms as part of its Offer. (clause 4.3).

Response Form 6.1 - Offeror Authorisation and Certification

Information Required Details

Name of Offeror: if Offeror is a company – specify the full company

name; if Offeror is a trust:

– individual - specify the full name of the individual; or

– Company – specify the full name of the company trust;

if Offeror trades under a business name, specify the registered business name; or

if Offeror is an individual or partnership, specify the full name of each individual or partner;

if Offeror is a public sector agency – specify the full agency name.

Offeror’s Australian Company Number (ACN) (if applicable)

Offeror’s active Australian Business Number (ABN)

OR if no ABN – have you submitted a ‘Statement by a supplier – Reason for not quoting an Australian Business Number (ABN) to an enterprise’ form?

Yes No

Offeror’s registered Business Number (BN) (if applicable)

State or Territory in which Business / Corporation / Individual is registered (^)

Name of Holding Company / Corporate Group (if applicable)

Company Profile As part of the Offer process, each Offeror must include a copy of their Company’s Profile. Does your Offer include your Company’s Profile:

Yes No

Is the Offeror registered for GST? Yes No

Postal Address

Street Address (registered office address of the Offeror)



Response Form 6.1 - Offeror Authorisation and Certification (con’t)

Contact Name:

Contact Phone:

Contact E-mail:

Contact Fax:

Is it proposed to sub-contract any part of the Goods and/or Services?

If “YES”, please specify full name and address of each sub-contractor and their relevant experience and expertise in relation to the offered Goods and/or Services.

Yes No

Are Notices relating to this potential Arrangement and/or any Contract/s to be directed to the above Contact Name and details?

If ‘NO”, please insert alternative details

Yes No

Is there any part of this Offer of substantial concern to the Offeror, if released under the Right to Information Act 2009 (Qld)?

If “YES”, please specify the component of your Offer and which of the following categories it relates to:

Note: This information is being sought for the purposes of applying any relevant exemptions that might be available under the Right to Information Act 2009 (Qld). However, the Principal can give no guarantee to the Offeror that the information will be protected from disclosure under the Right to Information Act. 2009 (Qld).

Yes No

Specify the component of your Offer: .................................................

..........................................................................................................

...

..........................................................................................................

...

Please specify which of the following categories is applicable to the above component:

Trade Secret: Yes No

Commercial value: Yes No

Results of research: Yes No

Confidential nature: Yes No

Specify the component of your Offer: .................................................

..........................................................................................................

...

..........................................................................................................

...

Please specify which of the following categories is applicable to the above component:

Trade Secret: Yes No

Commercial value: Yes No

Results of research: Yes No

Confidential nature: Yes No

(^) If an Offeror is an individual or partnership then the relevant sections identified by (^) will be applicable.



Response Form 6.1 - Offeror Authorisation and Certification (con’t)

Authorisation, Certification and Execution by an Offeror (company)

The Director and Director/Secretary named below certify that in submitting this Offer on behalf of the Offeror:(a) they have read, understood and complied with the requirements of this Invitation;(b) the enclosed Response Forms are a true and accurate account of their Offer; and (c) they have provided details of any Additional Provisions in Response Form 6.3. Signed for and on behalf of……………………………………………………………………………….<<insert Offeror’s name>>…………………………………………………………….…………..…….<<insert Offeror’s ACN>>…………………………………………………………….…………..…….<<insert Offeror’s ABN>>in accordance with s.127 of the Corporations Act 2001 (Cth)this ……………….. day of …………………..………………. 2…….by………………………………………………………..…………………….<<insert full name of Director>>………………………………………………………..…………………….<<insert full name of Director/Secretary>>

)))))

)

)

)

)

)

)

)

)

)

……………………………………………………………………………….Signature of Director……………………………………………………………………………….Signature of Director/Secretary

Where an attorney executes this Offer on behalf of an Offeror, the form of execution must indicate the source of this authority and a certified copy thereof provided to the Principal.OR

Authorisation, Certification and Execution by an Offeror (individual or partnership (^) (+))

I, the Offeror named below certify that in submitting this Offer:(a) I have read, understood and complied with the requirements of this Invitation;(b) the enclosed Response Forms are a true and accurate account of my Offer; and (c) I have provided details of any Additional Provisions in Response Form 6.3.Signed for and on behalf of……………………………………………………………………………….<<insert Offeror’s name>>…………………………………………………………….…………..…….<<insert Offeror’s ABN>>this ……………….. day of …………………..………………. 2…….by………………………………………………………..…………………….<<insert full name of Offeror>>in the presence of………………………………………………………………..…………….<<insert full name of witness>>

)))))

)

)

)

)

)

)

)

……………………………………………………………………………….Signature of Offeror

……………………………………………………………………………….Signature of witness

Where an attorney executes this Offer on behalf of an Offeror, the form of execution must indicate the source of this authority and a certified copy thereof provided to the Principal.

Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administrating this Invitation Version 002 – dated 1 July 2009 11


Process, subsequent Arrangement and any Contract/s. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government Bodies, Non-Government Organisations and/or Commonwealth, States or Territories for the purpose of administrating this Invitation Process, subsequent Arrangement and any Contract/s. Personal Information will not be disclosed to any other third party without consent of the Offeror, except where authorised or required by law.

Note to Offeror:(^) If an Offeror is an individual or partnership, then the above execution clause will be applicable.(+) If the Offeror is a partnership, then all partners associated with the partnership must execute the above clause, unless

authorisation has been given to an attorney and such authority is in the form of an enduring power of attorney.


http://where/


Response Form 6.2 - Goods and/or Services including Price of the Arrangement

The Goods and/or Services offered by the Offeror are as follows:

Description Unit Price(Excl. GST)

Unit Price(GST

component only)

Total Unit Price(Incl. GST)

List any delivery and installation details and charges applicable to this Offer.

List any taxes, duties or other charges and their details associated with each Good and/or Service applicable to this Offer.

Other Pricing Issues:

Description Response

Offerors must specify each and every condition that may affect the pricing offered in this Response Form.

Please specify any other price that may be charged to an Eligible Customer for the supply of the Goods and/or Services under this Invitation.

For each price, specify: the nature of the price; the circumstances under which it will be

incurred; and total price (including GST).

Offeror’s Name:

Date:



Response Form 6.2 –Goods and/or Services including Price of the Arrangement (continued)

Specify if the Prices offered are either:

“Firm” - that is the price does not change for the duration of the Arrangement Term, unless the scope of the work changes;

OR

“Fixed” - that is the price is firm in time and is subject to fluctuations only in economic circumstances (such as exchange rates or consumer price index) and which must be specified in this Response Form.

If ‘Yes’, to “Fixed”, please specify the period from the Arrangement Commencement Date or date, within which the proposed pricing will remain firm prior to the application of the variables.Please specify whether the ‘Fixed’ Pricing is subject to:

Exchange Rate fluctuations;

Consumer Price Index variations during the previous year; or

Other factors (please provide comprehensive details and how this will impact on the specified Pricing)

Please note any ‘Fixed’ Pricing movements will be in accordance with clause 9 of the Standing Offer Arrangement Conditions.

Yes No

OR

Yes No

Period:…………………… or Date:……………………

Yes No

Yes No

Yes No

If “Yes”, please specify full details

Offeror’s Name:

Date:



Response Form 6.3 - Additional Provisions of the Arrangement

Note to Offeror:The Offeror is required to identify and describe in detail in the Response Form below any Additional Provisions of this Invitation. If no Additional Provisions are specified, and the Offer is accepted, the terms of the Arrangement will include those specified in the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au and the Specifications in their entirety.All Additional Provisions must be listed in the same sequence as they appear in this Invitation.

Parts Clause Number

Departures

Part 3 – Specifications

Part 5 –Standing Offer Arrangement Conditions

Section A - Arrangement

Section B - Conditions of Contract

Part 6 – Response Form 6.4 Schedules for Arrangement

Schedule 1 –Arrangement Details

Schedule A - Contract Details

Offeror’s Name:

Date:




Response Form 6.4 - Schedules for Standing Offer Arrangement Conditions

Note to PrincipalThe Principal should complete those items which the Principal is able to specify and shade these items in grey. This will highlight the items which the Offeror will be required to complete as part of their Offer

Note to OfferorIf an Arrangement is awarded to the Offeror as a result of this Invitation Process, a completed Schedule 1, 2 and 3 which are completed and acceptable to the Principal will form part of the Arrangement in accordance with clause 5.1 of the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au. In this Invitation, the Principal has completed and/or identified those items which it requires for the purposes of an Arrangement. These items are easily identified as they are shaded in grey. The Offeror must therefore complete all other items which are NOT shaded below to assist in the evaluation process.If the Offeror wishes to amend any items (shaded in grey) as completed by the Principal, these will constitute departures from this Invitation and the Offeror must identify those amendments in Response Form 6.3 – Additional Provisions.

SCHEDULE 1: ARRANGEMENT DETAILS

The below Schedules 1, 2 and 3 must be read in conjunction with the Queensland Government’s Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 located via www.qgcpo.qld.gov.au – under ‘Standard contract forms’, along with any additional standing offer arrangement conditions as detailed in Schedule 3. The Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 along with the below Schedules will govern the Arrangement which will be established as a result of this Invitation Process.

No. Reference Clause No.

Arrangement – Reference Clause Title Arrangement Details

1 Arrangement Number[Specify Arrangement No.] No.

2 1.1 Principal[Insert full name of the Principal].

[Insert the Principal’s ABN / ACN][Insert the Principal’s address]

Name: State of Queensland (acting through <<insert name of Queensland Government department or agency>>)

OR

<<insert name of entity, if not the State of Queensland>>

ABN / ACN:Address:

3 1.1 Contractor[Insert full name of Contractor][Insert Contractor’s address][Insert Contractor’s phone no.][Insert Contractor’s fax no.][Insert Contractor’s email address][Insert the name of the person representing the Contractor, who will be responsible for the Arrangement].

Name:Address:Telephone:Facsimile:Email:Contact Person:

4 1.1 Customer[Specify the name/s of the Customer/s who may purchase the Goods and/or Services under this Arrangement].

5 1.1 and 6 Arrangement Commencement Date[Specify the date on which this Standing Offer Arrangement is to commence].

6 1.1 and 6 Arrangement Completion Date[Specify the date on which this Standing Offer Arrangement is to conclude].





7 1.1 and 6 Arrangement Term[Specify the term of this Standing Offer Arrangement].[Specify details, if the Principal has the option to extend this Standing Offer Arrangement].

Term:

Extension Period:

8 1.1 and 8 Principal Authorised Officer[Specify the Principal’s Authorised Officer’s name][Specify the position title of Principal’s Authorised Officer][Specify the Principal’s Authorised Officer’s phone no>>[Specify the Principal’s Authorised Officer’s fax no.][Specify the Principal’s Authorised Officer’s email address.]

Name:

Position:

Telephone:

Facsimile:

Email:

9 1.1 and 8 Project Manager[Specify the name of Project Manager][Specify the position title of Project Manager][Specify the phone no. of the Project Manager][Specify the fax no. of the Project Manager][Specify the email address of the Project Manager]

Name:Position:

Telephone:

Facsimile:Email:

10 13 Requirements for Goods and/or Services[Specify if the Goods are to be other than new and unused condition and of recent origin.]

11 1.1 and 17 Delivery Period[Specify the delivery period which the Goods are to be supplied and/or the Services are to be performed].

12 18 Performance Review[Specify the performance review criteria (e.g. key performance indicators {KPI}) for this Arrangement][Specify the frequency of the performance review meetings for this Arrangement.][Specify the documentation, reports and data required for this Arrangement.>><<Specify the format for the above documentation, reports (including KPI’s) and data>>

Key Performance Criteria:

Frequency of KPI Meetings:

13 1.1 and 19 Performance GuaranteeIs a Performance Guarantee required under this Arrangement? If “YES” then the Contractor must

complete and attach a Performance Guarantee in a form acceptable to the Principal, which will be relied upon under this Arrangement for all subsequent Contract/s.(i) [Specify the date by which the

Performance Guarantee is required]; and

(ii) [Specify the name of the Guarantor.]

If “NO”, then state “Not Required”.

Yes No

Date:

Name of Guarantor:



14 1.1 and 20 Financial SecurityIs a Financial Security required under this Arrangement? If “YES” then the Contractor must

complete and attach a Financial Security in a form acceptable to the Principal, which will be relied upon under this Arrangement for all subsequent Contract/s.(h) [Specify the maximum aggregate

sum required]; and(ii) [Specify the name of the

Guarantor.] If “NO”, then state “Not Required”.

Yes No

Amount:

Name of Guarantor:

15 1.1 and 22 Intellectual Property Rights[New Contract Material vests in the Customer].

ORClause 22.4 applies [New Contract Material vest in the Contractor with licence rights to the Customer for Customer use.If “Yes” to clause 22.4, clause 22.4(b) applies (Customer has full commercial exploitation rights)].

Moral Rights22.7(d) [List any specific acts or omissions

in relation to Moral Rights in addition to those specified in clause 22.7(a) – (c) that are being consented to.[If no additional acts or omissions are to be specified insert “Nil” or “Not Applicable”.

Yes No

OR

Yes No

Yes No

16 23 ConfidentialityIs the Contractor required to obtain from its officers, employees, agents and sub-contractors a confidentiality undertaking?

If “YES” then the Contractor must complete and attach a confidentiality undertaking in a form acceptable or provided by the Principal, which will be relied upon under this Arrangement for all subsequent Contract/s.

Yes No

17 24 Privacy & Disclosure of Personal InformationIs the Contractor required to obtain from its officers, employees and sub-contractors an executed privacy deed?

If “YES” then the Contractor must complete and attach a privacy deed in a form acceptable or provided by the Principal, which will be relied upon under this Arrangement for all subsequent Contract/s].

Yes No

18 25 of Section A and 57 of Section B

Liability[Specify the amount of the liability cap (e.g. an amount of $(x)million or (y) times the value of any Contracts established as the result of this Arrangement]For the avoidance of doubt, $0 or no amount specified means liability is unlimited.

$



19 27 Insurance– Public Liability InsuranceIs Public Liability Insurance required? If “YES” then specify the following:

o amount to be insured;o Policy Number;o name of Insurance Provider;o name on the Insurance Policy;o Expiry Date of the Insurance

Policy.[Public liability insurance covers liability for personal injury and property damage. Typically the amount is at least $10 million per claim depending upon the Risk Assessment]

Yes No

Sum Insured:Policy No.:Insurance Provider:Named Insured:Expiry Date of Policy:

20 27 Insurance – Professional Indemnity Is Professional Indemnity Insurance required? If “YES” then specify the following:

o amount to be insured;o Policy Number;o name of Insurance Provider;o name on the Insurance Policy;o Expiry Date of the Insurance

Policy.Is the Professional Indemnity insurance to be maintained for an alternative period? (i.e. other than four years from the Arrangement Completion Date or termination of the Arrangement) If “YES” then specify the alternative

period.Is the Contractor a member of a scheme approved under the Professional Standards Act 2004 (Qld)? If “YES” please specify and provide

details.[Professional indemnity insurance covers the consequences of a breach of professional duty and professional negligence. It is only required where relevant, (e.g. if you engage an accountant to provide professional accounting services)].

Yes No


Yes No

Alternative Period:

Yes No



21 27 Insurance – Other insurances:Is other Insurance/s required? If “YES” then specify the following:

o Type of insurance policy required;

o amount to be insured;o Policy Number;o name of Insurance Providero name on the Insurance Policyo Expiry Date of the Insurance

Policy.

Yes No

Insurance Policy:


22 36.1(a) Notices – relating to this Arrangement[Specify the Principal’s address for Notices][Specify the Principal’s fax no for Notices][Specify the Principal’s email address for Notices].

Address:Facsimile No.:Email:

23 36.1(b) Notices - relating to this Arrangement[Specify the Contractor’s address for Notices][Specify the Contractor’s fax no for Notices][Specify the Contractor’s email address for Notices].

Address:

Facsimile No.:Email:

Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government Bodies, Non-Government Organisations and/or Commonwealth, States or Territories for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. Personal Information will not be disclosed to any other third party without consent of the Contractor, except where authorised or required by law.

Offeror’s Name:

Date:


http://where/



Note to OfferorIf an Arrangement is awarded to the Offeror as a result of this Invitation Process, this Schedule 2 will be completed by the Principal in accordance with the Offeror’s Offer or as otherwise negotiated between the Parties and accepted by the Principal, and will form part of the Arrangement in accordance with clause 5.1 of the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au.

SCHEDULE 2 – GOODS AND/OR SERVICES INCLUDING PRICING OF THE ARRANGEMENT

The following Goods and/or Services including Price forms part of this Arrangement.

Description Unit Price(Excl. GST)

Unit Price(GST comp)

Total Unit Price(Incl. GST)

List any delivery and installation details and charges applicable to this Arrangement.

List any taxes, duties or other charges and their details associated with each Good and/or Service applicable to this Arrangement.

<<Specify when and manner in which the Price is payable>>

<<Specify time and manner in which the Contractor must submit invoices>>.

DRAFT“FOR INFORMATION ONLY”





Note to OfferorIf an Arrangement is awarded to the Offeror as a result of this Invitation Process, this Schedule 3 will be completed by the Principal in accordance with the Offeror’s Offer or as otherwise negotiated between the Parties and accepted by the Principal and will form part of the Arrangement in accordance with clause 5.1 of the Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au.

SCHEDULE 3 – ADDITIONAL PROVISIONS OF THE ARRANGEMENT

These terms and conditions reflect variations to the standard provisions of this Arrangement and are deemed to be incorporated into each Contract. These terms and conditions must not be further amended by the Customer and Contractor.

The Arrangement includes the following Additional Provisions to the Specifications and/or Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009.

Parts Clause Number

Departures

Specifications

Standing Offer Arrangement Conditions

Section A - Arrangement

Section B - Conditions of Contract

Schedules for Arrangement

Schedule 1 –Arrangement Details

Schedule A - Contract Details

DRAFT“FOR INFORMATION ONLY”





Note to PrincipalThe Principal must complete those items which the Principal is able to specify and shade these items in grey. This will highlight the items which the Offeror will be required to complete as part of their Offer. This is the template order form so details about specific orders will not be known at this stage.

Note to OfferorIf an Arrangement is established as a result of this Invitation Process and a Contract is subsequently created, a completed Schedule A - Contract Details which are completed and acceptable to the Customer will form part of the Contract in accordance with clause 5.7 of the Standing Offer Arrangement Conditions Version 002 - dated 1 July 2009, which is located via: www.qgcpo.qld.gov.au. In this Invitation, the Principal has completed and/or identified those items which it requires for the purposes of an Arrangement and subsequent Contract. These items are easily identified as they are shaded in grey. The Offeror must therefore complete all other items which are NOT shaded below, other than those that will relate to specific orders which will be lodged in the future, to assist in the evaluation process.If the Offeror wishes to amend any items (shaded in grey) as completed by the Principal, these will constitute departures from this Invitation and the Offeror must identify those amendments in Response Form 6.3 - Additional Provisions.

SCHEDULE A – CONTRACT DETAILS

The below Schedule A must be read in conjunction with the Queensland Government’s Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 located via www.qgcpo.qld.gov.au – under ‘Standard contract forms’, along with any additional standing offer arrangement conditions as detailed in Schedule 3. The Standing Offer Arrangement Conditions Version 002 – dated 1 July 2009 along with the below Schedule will govern any Contract under the Arrangement, if established as a result of this Invitation Process.

No. Reference Clause

No.

Contract - Reference Clause Title Contract Details

1 Arrangement No.[Specify the Arrangement No.] No.

2 1.1 Customer[Insert full name of the Customer].

[Insert the Customer’s ABN][Insert the Customer’s address][Insert name of Customer’s contact officer][Insert Contact Officer’s phone no.][Insert Contact Officer’s fax no.][Insert Contact Officer’s email address]

Name: State of Queensland (acting through <<insert name of Queensland Government department or agency>>)OR<<insert name of entity, if not the State of Queensland>>

ABN:Address:Contact Officer:

Phone No.:Facsimile No.:Email:

3 Ordering Officer[Insert name of the ordering officer][Insert name of the Customer][Insert ordering officer’s postal address][Insert ordering officers fax no.][Insert ordering officer’s phone no.][Insert ordering officer’s email address]

Name:Department:Address:

Facsimile No.:Phone No.:Email:

4 1.1 Contractor[Insert full name of Contractor][Insert Contractor’s address]

Name:Address:





[Insert Contractor’s phone no.][Insert Contractor’s fax no.][Insert Contractor’s email address][Insert the name of the person representing the Contractor, who will be responsible for the Contract].

Telephone:Facsimile:Email:Contact Person:

5 1.1 and 43 Contract Commencement Date[Specify the date on which the Contract that will be formed by the placement of this Schedule is to commence].

6 1.1 and 43 Contract Completion Date[Specify the date on which the Contract that will be formed by the placement of this Schedule is to conclude].

7 1.1 and 43 Contract Term[Specify the term of this Contract].

8 1.1 Delivery / Site[Specify delivery address of where the Deliverables are to be delivered.]

9 1.1 and 46 Delivery Period[Specify the Delivery Period which the Goods are to be supplied and/or the Services are to be performed to the Customer].

10 1.1 and 48 Goods and/or Services including Price[Specify the Goods and/or Services including Price which forms part of this Contract].[Specify any delivery and/or installation Price applicable to this Contract].[Specify any taxes, duties or other charges and their details associated with each Goods and/or Services applicable to this Contract].[Specify any milestone payments].[Specify the total Price for this Contract].[Specify if the Price is inclusive or exclusive of GST.If exclusive of GST, please specify the GST component].

11 1.1 and 48 Approved Expenses[Insert full details including pricing for any Approved Expenses for which the Contractor will be entitled to be reimbursed].[Specify the maximum amount payable to the Contractor by the Customer under this Contract, if applicable].

12 1.1 and 45 Project Manager[Specify the name of Project Manager][Specify the position title of Project Manager][Specify the phone no. of the Project

Name:

Position:

Phone No.:



Manager][Specify the fax no. of the Project Manager][Specify the email of the Project Manager]

Facsimile No.:Email:

13 46 Provision of the Goods and/or Services (Milestones)[Insert a description of the milestones and proposed achievement dates.]

14 46 Provision of the Goods and/or Services (Periodic or Recurrent Services)[Insert time/frequency/intervals for the performance of periodic or recurrent Services. If Services are not periodic or recurrent, insert “Not Applicable”.]

15 46 Provision of the Goods and/or Services (Customer Assistance)Is any assistance to be provided by the Customer to the Contractor in relation to the Goods and/or Services?If “YES” please provide details.

Yes No

16 47 Performance of Key PersonnelIs Key Personnel associated with this Contract? If “YES” the Contractor is to

specify the names of personnel who are to undertake the Services for the Contractor and their qualifications.]

If ”NO” please specify “Not Applicable” if there is no Key Personnel.]

Yes No

Name:

Qualifications:

17 55 ConfidentialityIs the Contractor required to obtain from its officers, employees, agents and sub-contractors a confidentiality undertaking for this Contract?

If “YES” then the Contractor must complete and attach a confidentiality undertaking in a form acceptable or provided by the Customer.

Yes No

18 56 Privacy & Disclosure of Personal InformationIs the Contractor required to obtain from its officers, employees and sub-contractors an executed privacy deed?

If “YES” then the Contractor must complete and attach a privacy deed in a form acceptable or provided by the Customer.]

Yes No

19 64.1(a) Notices – Relating to the Contract[Specify the Principal’s address for Notices][Specify the Principal’s fax no for Notices][Specify the Principal’s email address for Notices].

Address:

Facsimile No.:

Email:



20 64.1(b) Notices - Relating to the Contract[Specify the Contractor’s address for Notices][Specify the Contractor’s fax no for Notices][Specify the Contractor’s email address for Notices].

Address:

Facsimile No.:

Email:

Privacy Statement - The Principal is collecting Personal Information from the Offeror for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government Bodies, Non-Government Organisations and/or Commonwealth, States or Territories for the purpose of administering this Invitation Process, subsequent Arrangement and any Contract/s. Personal Information will not be disclosed to any other third party without consent of the Contractor, except where authorised or required by law

Offeror’s Name:

Date:


http://where/


Response Form 6.5 – Existing Arrangements with Queensland Government or other Entities

Note to Offeror: This Response Form is to capture information regarding the Offeror’s association with the Queensland Government departments or agencies, Queensland Government Bodies or Non-Government Organisations, which may be shared across other Queensland Government departments or agencies.

Does your company have any current supply arrangement/s with the Queensland Government department or agencies; Queensland Government Bodies or Non-Government Organisations?

YES NO

If “YES”, to the above, please provide the following details:

No. Description Details

1. Title of current supply arrangement:

Description of Goods and/or Services covered under the supply arrangement:

Name of the Queensland Government department or agency; Queensland Government Body or Non-Government Organisation who is managing the supply arrangement:

Term of supply arrangement: Term:Commencement date:Completion date:

Estimated annual value of supply arrangement: $











Offeror’s Name:

Date:



Response Form 6.6 - Declaration of Interest and Possible Influences

Note to Principal: Please delete this Response Form if not applicable.

In submitting an Offer in response to this Invitation, the Offeror warrants that to the best of its knowledge and belief and subject to any disclosures detailed below:

(a) no family, business or pecuniary relationships exist between the Parties to this Invitation Process that would adversely impact on this Invitation or any Arrangement and/or Contract arising as a result of this Invitation Process;

(b) neither the Offeror nor its officers or employees have:(i) engaged in any unethical behaviour or sought and/or obtained an unfair advantage; or(ii) received or will receive any pecuniary or in-kind advantage from any other Offeror,in relation to this Invitation Process;

(c) no officer, employee, contractor or family member associated with the Offeror is or has been engaged by the Principal or Customer in a position or role that in any way relates back to this Offer;

(d) no officer, employee, contractor or family member associated with the Principal has been offered any benefit or inducement associated with this Offer, including any offer relating to employment; and

(e) other than specified below, neither the Offeror nor any of its officers or employees have or are likely to have any Conflict of Interest.

The Offeror further undertakes to notify the Principal via the Contact Officer in writing immediately if any warranty contained in this Response Form 6.6 becomes incorrect.

The following information is disclosed for the purposes of this Response Form. Offerors must supply details of any possible conflict of interest that exists or may arise in relation to the making and/or acceptance of their Offer.

If there is nothing to declare, Offerors must insert “None”.

Offeror’s Name:

Date:



Response Form 6.7 - Statement of Competitive Neutrality

Note to Principal: Please delete this Response Form if not applicable.

Government owned entities seeking to supply to the Queensland Government are required to indicate whether their Offer for the provision of Goods and/or Services complies with the competitive neutrality principles of the Offeror’s jurisdiction.

If Statement of Competitive Neutrality is applicable in some or all areas please the appropriate “Compliant” box or alternatively if this is not applicable please the “Non Applicable” box.

To be completed by Government owned entities external to QueenslandFor government owned entities outside Queensland, including local government and Commonwealth, State or Territory government, the Offer has been priced to comply with the competitive neutrality principles of the government of the Offeror’s jurisdiction.

Compliant or Not Applicable

To be completed by Queensland Government owned entitiesFor Queensland Government Bodies, the Offer has been priced to comply with the Queensland Government’s policy statement on the application of competitive neutrality to government business activities, “Competitive neutrality, and Queensland Government Business Activities” which is located at www.treasury.qld.gov.au.


To be completed by Queensland Local Government entitiesThe Offer has been priced to comply with the competitive neutrality policy arrangements established by the Queensland Government.


Offeror’s Name:

Date:



Response Form 6.8 - Check List

Note to Offeror:The checklist is provided to assist Offerors submitting a conforming Offer. The list is not exhaustive and should not be relied upon as the sole quality check. Prior to submitting an Offer, Offerors should use the following checklist to ensure that all key information has been complied:

Check List Questions Have you met this requirement:

1 Have you read and understood the Conditions of Offer – Standing Offer Arrangement Version 002 - dated 1 July 2009, as referenced in Part 2 of this Invitation?

Yes: No:

2 Have you read and understood the Standing Offer Arrangement Conditions Version 002 - dated 1 July 2009, (Section A) as referenced in Part 5 of this Invitation?

Yes: No:

3 Have you read and understood the Conditions of Contract contained within the Standing Offer Arrangement Conditions Version 002 dated 1 July 2009 (Section B) requirements as specified in Part 5 of this Invitation?

Yes: No:

4 Are you submitting your Offer in accordance with Part 1 of this Invitation?Yes: No:

5 Have you specified any Additional Provisions from the Specifications, Standing Offer Arrangement Conditions and/or Response Form 6.4, in relation to your Offer, in Response Form 6.3?

Yes: No:

6 Have you signed your Offer on the “Offer Authorisation and Certification” page of Response Form 6.1? Yes: No:

7 Have you answered all questions and responded to all requirements specified in the Response Forms? Yes: No:

8 Have you entered the name of your organisation making this Offer in the footer of each Response Form? Yes: No:

9 Have you checked all other lodgement requirements of the Invitation to ensure your Offer is prepared and addressed correctly? (Refer to Part 1 and Part 2 of this Invitation)?

Yes: No:

If your answer to any of the above questions is "NO", your Offer may be considered non-conforming, in accordance with clause 9 of the Standing Offer Arrangement - Conditions of Offer Version 002 - dated 1 July 2009 which is located via: www.qgcpo.qld.gov.au.

Offeror’s Name:

Date:



arrangement number.doc.doc

Documents

lodgement of offer clause

offer evaluation process

nonconforming offer

offer email andor facsimile

arrangement draft

arrangement detailsschedule

schedules of arrangement

conditions of contract5