invitation to tender for supply of banking services contract name · 2011-03-03 · invitation to...
TRANSCRIPT
INVITATION TO TENDER
FOR
SUPPLY OF BANKING SERVICES
CONTRACT NAME – “Banking Tender 2011”
OPENING DATE & TIME
9.00 a.m. – Saturday 19 February 2011
CLOSING DATE & TIME 5.00 p.m. – Friday 18 March 2011
Delivered to:
MR. DAVID RAE
PORTLAND DISTRICT HEALTH BENTINCK ST
PORTLAND VIC 3305
All Enquiries to be lodged in writing and
Addressed to Mr David Rae – Finance Manager
Tenders may be lodged by mail, or in electronic form via email.
Late Tenders will not be considered
Tenders lodged by facsimile will not be accepted.
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Contents
1 Background & Service Specification .......................................................................................................................... 5
1.1 Introduction ....................................................................................................................................................... 5
1.1.1 General Information ...................................................................................................................................... 5
1.1.2 Health Service Information ........................................................................................................................... 6
1.1.3 South West Alliance of Rural Health ............................................................................................................ 6
1.2 Banking Services ............................................................................................................................................... 6
1.3 Banking Services Required ............................................................................................................................... 7
1.3.1 Category 1- General Banking Services ......................................................................................................... 7
1.3.2 Category 2 – Payments by Telephone ........................................................................................................... 8
1.3.3 Category 3 – Payments by Internet ............................................................................................................... 8
1.3.4 Category 4 – Payments by Direct Debit ........................................................................................................ 9
1.3.5 Category 5 – Payments by Other Mediums ................................................................................................... 9
1.4 Implementation Strategy (if required) ............................................................................................................... 9
1.4.1 Timetable for Implementation:- .................................................................................................................... 9
1.5 Evaluation Criteria .......................................................................................................................................... 10
1.6 Lodgement of tenders ...................................................................................................................................... 10
1.7 Provision to request further information ......................................................................................................... 11
2 Conditions of Tendering ........................................................................................................................................... 12
2.1 Tenderers to inform themselves fully .............................................................................................................. 12
2.2 Document fee .................................................................................................................................................. 12
2.3 Non-conforming tender ................................................................................................................................... 12
2.4 Withdrawal of tender ....................................................................................................................................... 13
2.5 Disqualification of tender ................................................................................................................................ 13
2.6 The tender ....................................................................................................................................................... 13
2.7 Lodgement of tender ....................................................................................................................................... 13
2.8 Evaluation of tenders ....................................................................................................................................... 14
2.9 Confidentiality ................................................................................................................................................. 14
2.10 Acceptance of tender ....................................................................................................................................... 14
2.11 Notification of successful tender ..................................................................................................................... 15
2.12 Number of copies ............................................................................................................................................ 15
3 Conforming Schedules .............................................................................................................................................. 16
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3.1 Schedule A - Tender Form .............................................................................................................................. 17
3.2 Schedule B – Specific Pricing Information ..................................................................................................... 18
3.3 Schedule C – Statement of Compliance .......................................................................................................... 21
3.4 Schedule D – Receipt of Addenda .................................................................................................................. 22
3.5 Schedule E – Statutory Declaration ................................................................................................................. 23
3.6 Schedule F – Company References ................................................................................................................. 24
3.7 Schedule G – Insurance and Indemnity Disclosure ......................................................................................... 25
4 General Conditions ................................................................................................................................................... 26
4.1 General ............................................................................................................................................................ 26
4.2 Definitions ....................................................................................................................................................... 26
4.3 Form of contract .............................................................................................................................................. 26
4.4 Nature of contract ............................................................................................................................................ 27
4.5 The Supervising Officer .................................................................................................................................. 27
4.6 Variations ........................................................................................................................................................ 27
4.7 Commencement date ....................................................................................................................................... 27
4.8 Payments ......................................................................................................................................................... 27
4.9 Contract term ................................................................................................................................................... 28
4.10 Statutory Requirements ................................................................................................................................... 28
4.11 Good and Services Tax (GST) ........................................................................................................................ 28
4.12 Insurance and indemnity.................................................................................................................................. 29
4.13 Health and Safety ............................................................................................................................................ 30
4.14 Notices ............................................................................................................................................................ 30
4.15 Default and termination ................................................................................................................................... 30
4.16 Insolvency of Service Provider ....................................................................................................................... 31
4.17 Assignment and sub-contracting...................................................................................................................... 31
4.18 Rise and fall .................................................................................................................................................... 31
4.19 Conflict of interest ........................................................................................................................................... 31
4.20 Dispute resolution ........................................................................................................................................... 31
4.21 Intellectual Property ........................................................................................................................................ 32
4.22 Confidentiality ................................................................................................................................................. 32
4.23 Information privacy ......................................................................................................................................... 32
4.24 Use of the Health Services name or logo ........................................................................................................ 32
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4.25 The media ........................................................................................................................................................ 33
5 Annexure .................................................................................................................................................................. 34
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1 Background & Service Specification
1.1 Introduction
1.1.1 General Information
Portland is considered "Victoria's Birthplace" because in 1834 Victoria's first permanent European
settlement was established. Portland's European history began with whalers and sealers who
seasonally inhabited the area. In 1834 Edward Henty arrived from Tasmania in search of good
grazing land and established the Portland settlement. It wasn't until 1835 that Melbourne and other
areas followed suit.
Located half way between Adelaide and Melbourne, Portland‟s magical history is peppered with
tales of great whalers, hard working graziers and the inspirational Saint Mary MacKillop. Today
Portland enjoys more contemporary popularity derived from tourism. Fishing is the obvious pastime
with a choice of breakwater, surf or river fishing with the harbour boasting one of the best boat
ramps in Victoria. Water sports on offer include yachting surfing, sail boarding and wave riding,
canoeing and waterskiing with the avid motorcyclists catered for on forest routes through nearby
mountain locations. Whales are still popular, and throughout the winter months, can be viewed
during the annual migration to warmer waters.
The Portland area encompasses the spectacular scenery of the 3 bays - Portland Bay, Bridgewater
Bay and Discovery Bay. Cape Nelson Lighthouse, built in 1884, is perched on the tip of Cape
Nelson overlooking Portland Bay and the treacherous southern ocean.
Portland has astounding geothermal energy, which helps heat many of Portland's buildings
including the Portland Leisure and Aquatic Centre's indoor swimming pools. The water is also
cooled for further domestic consumption.
Some of Portland's attractions include:
The Portland Cable Tram;
The Portland Botanical Gardens - One of the first public gardens to be established in
Victoria and feature a bluestone Curator's Cottage, croquet lawns and 1300 dahlias planted
each year;
Fawthrop Lagoon - A permanent wetland area set in natural bushland on the city fringe. It is
home to many birds, plants and aquatic life as well as having an excellent walking track;
A lavender farm and wineries from the Henty Wine region;
The WWII Memorial Lookout Tower - Built in an obsolete water tower, the museum
displays memorabilia connected to the war and its many steps will lead you to a fantastic
360 degree view of Portland;
Portland's Powerhouse Motor and Car Museum - the 4th largest in Australia has a unique
collection of veteran, vintage and classic cars, motorbikes, tractors and engines.
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Portland is the largest city in the region, yet it has the charm of a large country town, set by the sea,
with all the modern amenities. The city revolves around its deep-water port, however tourism is
increasing in the area as the many attributes of the south west are discovered.
1.1.2 Health Service Information
Portland District Health (PDH or the Health Service) provides services to the Glenelg Shire with
major population centres being the city of Portland and the townships of Heywood, Narrawong,
Tyrendarra and Nelson.
The population which we service is approximately 16,739.
Our vision is that PDH will deliver excellence in health services through continually challenging
ourselves to do better and creatively meeting the needs of the community by listening, living and
working together
PDH is a Public Hospital with 50 acute/sub-acute beds, 30 nursing home beds and a Supported
Residential Service. Through its primary and community care division, PDH also offers a diverse
range of community health services. A complete list of health services can be found at the PDH
website at www.swarh2com.au/pdh under the „Our Services” tab.
1.1.3 South West Alliance of Rural Health
The South West Alliance Of Rural Health (SWARH) is an Alliance of public health agencies in the
South West of Victoria covering an area of approximately 60,000 sq. kilometres connecting all
public acute hospitals and associated health services in a region extending from west of Melbourne
to the South Australian Border.
SWARH was formed in late 1997 to focus on the development of IT for the Acute Public Hospitals
in the South West Region of Victoria. In addition to the financial incentive provided by the
Department of Human Services, the SWARH Alliance has been fortunate to have a group of Chief
Executive Officers and Hospital Boards who, although not technically expert, have appreciated the
fact that as individual agencies, the capacity to invest in technology to improve service delivery and
gain returns on the investment required was not possible on their own.
The Alliance consists of 33 individual healthcare agencies in the South West region of Victoria.
Tenderers should note that this banking tender is for services to PDH only, and not directly related
to any other agency member of SWARH.
1.2 Banking Services
Section 1.3 describes the banking and related services required by PDH. Tenderers are encouraged
to list and cost additional services that may be provided to benefit the overall operational efficiency
of the Health Service. Schedule B of Section 3 Conforming Schedules outlines proposed activity
levels for PDH.
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It is the preference of the Health Service to appoint a sole provider of Banking Services for the
contract period. The Health Service does not intend to seek supporting presentations from tenderers
nor will any negotiation on price be entered into after tenders have been submitted. On this basis
tenderers are encouraged to offer best possible pricing at the outset.
The tender evaluation will include provision of all range of services and cost of provision of the
services. Implementation of the services may require phasing to accommodate various modes of
service delivery and critical dates for PDH‟s ongoing business.
1.3 Banking Services Required
1.3.1 Category 1- General Banking Services
(a) Overdraft facilities, including offset facility against all credit funds. The method of
calculating interest of overdraft and the basis for determining the overdraft interest
rates chargeable must be specified. The ability to automatically 'sweep' a net credit
balance at close of business and invest 'at call' will be favourably considered, as will
be the ability to offset overdraft positions with deposit positions held in related
accounts.
(b) Electronic Banking Payment Facilities for payment of salaries and creditors
electronically. The Health Service does retain the right to use an alternative agency
or provider.
(c) Electronic bank statements/balances available on a daily basis with ability to
download transactions to Oracle Financial Management Information System.
(d) A designated Manager including, where possible, staff at a local branch to deal with
the Health Service's banking services. Formal review meetings annually with the
provider‟s designated manager and the Health Service‟s Finance Manager, or their
delegate will be required to ensure that the PDH is informed of the latest banking
services and economic climate forecasts and to resolve any issues in a timely
manner.
(e) Provision/rental of Credit Card and EFTPOS facilities (the Health Service currently
utilises three (3) EFTPOS machines at three (3) locations.
(f) Business use credit card facilities (including any concessions on merchant service
fees). One (1) corporate credit card is currently utilised by the Health Service
however this number is expected to increase in the near future. PDH requires a
card facility limit of at least $25,000.
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(g) Payments by Bpay - Tenders should discuss the options of utilising Bpay on-line
via the Internet. The fee schedule should indicate a sliding scale where volume
impacts on costs if possible. Costs of all Bpay options should be separately
detailed, including establishment fees, merchant and transaction fees
For Categories 2- 5 (where applicable), tenderers are required to specify options for the
following measures:
(a) Method of delivery, frequency and timing of data transfer (including option of
separate files per payment method taken up), including details of data structure
options.
(b) Cost – including establishment fees, transaction costs, annual fees, merchant fees,
fees for any enhancements.
(c) Enhanced services available – eg. Data imaging.
(d) Any software purchase requirements and associated costs.
(e) Help desk facility – including hours of operation, capacity of Help desk and of each
option.
(f) Processing turnaround time of transactions, including cut-off time each day.
(g) The capacity to differentiate between different transaction types and send the data
to different destinations.
(h) The ability to merge data from multiple sources (eg. IVR and Internet) into one data
file.
1.3.2 Category 2 – Payments by Telephone
The Health Service requires a secure on-line validation system capable of handling solid transaction
volumes with on-line credit card validation capacity. Payment volumes are consistent across a
twelve month period, with no apparent peaks or troughs.
1.3.3 Category 3 – Payments by Internet
The Health Service requires a secure on-line validation system for acceptance of payments via the
Internet with on-line credit card validation capacity. The Health Service does not currently offer
this service therefore is unable to provide any indicative transaction volumes.
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1.3.4 Category 4 – Payments by Direct Debit
Included for the purposes of recognition only. Direct Debit is not a required service.
1.3.5 Category 5 – Payments by Other Mediums
Tenderers should detail any other payment methods that are not detailed above.
1.4 Implementation Strategy (if required)
This section of the tender submission should include a Transition Plan and timetable, including
strategies for a seamless transition with continuity of service provision. This should address, but not
be limited to:
Technology (including compliance of existing systems and provision/requirement of new
systems)
Administrative issues such as registration of bank signatures, printing of cheques etc
Training (including commitment to providing training to appropriate Health Service staff on
use of the systems)
Relationship management and implementation Project Management
Requirement:
Service Providers are requested to provide details of a change over strategy as described above and
any costs that may be associated with providing new systems, software, implementation or any other
costs associated with changing service providers.
1.4.1 Timetable for Implementation:-
a) Tenders will be received up to 5.00 pm, on Friday 18th
March 2011.
b) Due to the schedule of Finance Committee and Board meetings, the Health Service will make a
decision on preferred supplier during the six to eight weeks subsequent to receipt of responses.
c) New contract to commence from 1 July 2011.
d) It is proposed that the tender will be for a period of approximately three (3) years with a further
two (2) 12-month periods as options. Take up of this option will be wholly at the discretion of
the Health Service. The successful Tenderer will be advised at least three (3) months prior to
the end of the contract period of the Health Service‟s decision regarding the exercising of the
option.
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1.5 Evaluation Criteria
The Health Service will establish an Evaluation Panel to evaluate responses to the Tender.
Respondents will be evaluated on the following attributes:
Attributes Relevant Schedules No’s
1. Price – based on calculations across
high volume channels
Schedule 1
2. Product sophistication – ability to
meet PDH processing requirements,
security levels and data import
specifications
General Response
3. Level of Relationship Management
Support – team applied, use of help
desks
Schedule 4
4. Commitment to the Local
Community – not limited to branch
representation.
General Response
5. Ability to Implement (if required) –
over an 8 week timeframe.
General Response
6. Degree of Innovation – New
products and strategies to assist
PDH streamline activities.
General Response
For the purpose of evaluating the tenderer‟s knowledge and experience in this field the following
factors, in order of importance, may be taken into consideration:
a) Degree to which the above evaluation criteria are considered.
b) Professionalism and accuracy of Presentation documents.
c) Quality of Referees.
d) Experience, qualifications and skills of the personnel performing the work
e) Range of services
1.6 Lodgement of tenders
Tenders must be received by David Rae at PDH Offices, Bentinck St, Portland by 5pm on 18th
March 2011 and should be endorsed:
Banking Tender 2011 – Supply of Banking Services.
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1.7 Provision to request further information
Additional questions may be submitted by the Tenderers (in email form only) up to 3.00 p.m. on
Friday 4th
March 2011.
Questions must be addressed to [email protected]
All questions will be collated with one message sent to each potential supplier, containing responses
to all questions received, noting an Addenda number.
This email will be sent not later than 3.00 p.m. on Friday 11h March 2011.
Tenderer’s should ensure that Tenders clearly address the evaluation criteria.
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2 Conditions of Tendering
2.1 Tenderers to inform themselves fully
1.1 A Tenderer shall become fully acquainted with all conditions relating to the tender
and the contract.
1.2 If the Tenderer has any doubt as to the meaning of any portion of the tender
documents or the scope of the work required hereunder, the uncertainty should be
clarified before a tender is submitted.
1.3 A Tenderer is deemed to: -
1.3.1 have examined the tender documents, the sites and any other information
made available in writing by the Health Service to the Tenderer for the
purpose of tendering;
1.3.2 have examined all information (obtainable by the making of reasonable
enquiries) that is relevant to the risks, contingencies, and any other
circumstance that may have an effect on the tender;
1.3.3 be satisfied as to the correctness and sufficiency of the tender;
1.3.4 be satisfied that the price covers all the costs of complying with all the
obligations of the tender documents; and
1.3.5 be satisfied of all the matters and things that are necessary for the due and
proper performance and completion of the work described in the tender
documents.
1.4 The Health Service will not entertain any claim whatsoever on account of the
Tenderer having failed to comply with the provisions of this clause.
2.2 Document fee
No document fee.
2.3 Non-conforming tender
Any tender, which does not comply with the requirements of these conditions, is lodged as
an incomplete tender or is conditional in any way, shall be deemed to be non-conforming.
Notwithstanding the foregoing, a Tenderer may submit a tender not conforming with the
specification, provided such tender is accompanied by a full and accurate description of the
way in which the specification is varied and it clearly provides the outcome sought by the
Health Service. The Health Service reserves the right to reject part or all of a non-
conforming tender.
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2.4 Withdrawal of tender
Tenderers may withdraw a lodged tender at any time before the closing date of tenders. No
tender may be withdrawn within 30 days following the closing date of tenders.
2.5 Disqualification of tender
Any Tenderer who directly or indirectly canvasses support from an elected member, or
employee of the Health Service will be disqualified. Enquiries in relation to the tender must
only be directed to the Officer named in the tender invitation documents.
2.6 The tender
All documents submitted in response to this tender invitation, shall collectively be called
“The Tender” and shall include the following Schedules
SCHEDULE A Tender Form
SCHEDULE B Schedule of Rates/Prices (Details)
SCHEDULE C Statement of Compliance
SCHEDULE D Receipt of Addenda
SCHEDULE E Statutory Declaration relating to Collusive Tendering
SCHEDULE F Company References
SCHEDULE G Insurance and Indemnity Disclosure
Failure to fully complete and/or submit the above documents shall render the tender non-
conforming.
Tenderers must be registered for Goods and Services Tax (GST) and all Tender sum/s shall
be GST inclusive.
The Health Service accepts no responsibility for any cost or expense incurred by the
Tenderer in preparing and lodging a tender.
2.7 Lodgement of tender
7.1 The Tenderer shall sign the tender, or if the Tenderer is a Company, execute the
tender in accordance with the requirements of Corporations Law, including the fixing
of its Common Seal if required, so as to ensure the tender is legally binding on the
tenderer. Unsigned tenders and/or incomplete tenders, tenders lodged under a
Trading or Business Name only or tenders from companies that are not lodged in
accordance with the Corporations Law, will be deemed to be non-conforming
tenders.
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7.2 Tenders are to be enclosed in a sealed envelope, and endorsed to the attention of Mr.
David Rae clearly stating “Banking Tender – 2011. Where tenders are delivered via
email, message subject must clearly state “Banking Tender 2011” and be received
prior to the stated time on the stated date.
7.3 Completed and signed Tender documents physically delivered, shall be lodged with
Mr. David Rae at Portland Hospital, Bentinck Street, Portland Vic. 3305 on or before
the closing date and time.
7.4 Tenders received after the nominated closing time shall be deemed to be “Late
Tenders” and, shall not be considered.
7.5 No tender deposit is required to be lodged with the tender.
7.6 The submission of a Tender by a tenderer will not give rise to any contract governing
or in any way concerning, the tender process, for the Contract. The Health Service
expressly disclaims any intention to enter into any such collateral Contract.
7.7 Tenders submitted by facsimile shall not be considered.
2.8 Evaluation of tenders
In considering tenders, the Health Service or any Tender Evaluation Panel acting on its
behalf, shall take into account all the selection criteria listed in the tender documents.
Tenderers should ensure that the prescribed selection criteria are adequately addressed in
their submission. The Health Service will award the tender after having regard to the tender
evaluation report and any other factors which it considers relevant.
As part of the evaluation process, the Health Service or its Tender Evaluation Panel may
require Tenderers to make a personal presentation, may interview and negotiate with
Tenderers and seek further information. This process will be initiated by the Health Service
should it be deemed necessary.
2.9 Confidentiality
The information contained in tenders shall be confidential and no elected member or
employee of the Health Service shall be at liberty to divulge any information contained in
any tender to a member of the public without permission of the Tenderer, except as
otherwise provided by law, or as may be necessary or desirable for the conduct of business at
a meeting of the Health Service or a Committee of the Health Service.
2.10 Acceptance of tender
10.1 The Health Service shall not be bound to accept the lowest or any Tender.
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10.2 A tender received prior to the nominated end time and date will be deemed as
accepted.
2.11 Notification of successful tender
All Tenderers will be notified in writing of the outcome of the tender process. No
information will be released regarding unsuccessful tenders.
2.12 Number of copies
Where physical documents are delivered, Tenderers shall ensure that two (2) paper copies
and a CD copy of tender requested are lodged. Where responses are submitted by email, that
email need only be sent once.
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3 Conforming Schedules
17
Schedule A
3.1 Schedule A - Tender Form
Portland District Health
Contract: Banking Tender 2011
Contract Name: Supply of Banking Services
Dated this ……………………………….…..day of……………….……….……………………2011
Registered name of tenderer: ………………………………………………………………………….
Trading name: …………………………………………………………………………………………
Registered office / business address: ………………………………………………………………….
…………………………………………………………………………………………………………
Mail address: ………………………………………………………………………………………….
…………………………………………………………………………………………………………
Australian Business Number (ABN): …………………………………………………………………
Contact person: ………………………………………………………………………………………..
Office telephone number: ………………………………...
Mobile telephone number: ……………………………….
Facsimile number: ………………………………………..
Email address: ………………………………………………………………………………………...
The party/parties (delete whichever is not applicable) specified above hereby tender to provide the Services
on the basis of the Conditions of Contract in consideration of the making of payments by Portland District
Health in accordance with the Schedule of Rates contained in schedule B. The tenderer warrants that it has
not submitted this tender as agent of a third party or as a trustee of a trust.
It is acknowledged that, until the execution of a formal agreement, this document shall evidence the contract
between the parties.
………………………………………………………….
Signature of Authorised Person
………………………………………………………….
Name of Authorised Person (Please print)
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3.2 Schedule B – Specific Pricing Information
Number of Branches
Item Description Number of
Branches
1 Number of branches within the Region
2 Number of branches in the State of Victoria
3 Number of branches in Australia
Item Description of Services Estimated
Transaction
Level Per
Annum
Unit Unit Price or
Percentage
Per Annum
(incl. GST)
Total Cost
Per Annum
Based on
Estimated
Transaction
Level (incl.
GST)
Bank Accounts
1 Account keeping fee
6 accounts Per
account
$................... $.................
2 Cheque payments by the Health
Service
500 Each $................... $.................
3 Cheque deposits
Average 10 chq’s per deposit
260
Each $................... $.................
4 Cash deposits
Average $5k max per deposit
260 Per
Month
$................... $.................
5 Dishonoured Cheque fee
(inwards)
10 Each $................... $.................
6 Stop payment of Health Service
cheques
10 Each $................... $.................
7 Bank cheques required
(occasional use)
10 Each $................... $.................
8 Trace enquiries
Various transactions
10 Each $................... $.................
9 Voucher production for inspection 1 Each $................... $.................
10 Cash handling fee 260 Per
Month
$................... $.................
11 Credit payments under periodical
authority
12 Each $................... $.................
12 Associated transfer fee for
periodical authority
12 Each $................... $.................
13 Supply of identifiable deposit
slips
N/A
Per
Book
$...................
14 Itemised monthly report of all
charges
12 Per
Report
$...................
15 Cost of Cheque book production
for 6 accounts (4 books per
account)
24 Each $...................
19
Schedule B (cont.)
Item Description of Services Estimated
Transaction
Level Per
Annum
Unit Unit Price or
Percentage
Per Annum
(incl. GST)
Total Cost
Per Annum
Based on
Estimated
Transaction
Level (incl.
GST)
Electronic Funds Payments
Fortnightly Payroll Payment
The fortnightly payroll maximum amount is $800,000
16 Payroll – Credit listings 500 per f/n Each $................... $.................
Weekly Creditors Payments
17 Creditors – EFT Payments 4,000 Each $................... $.................
18 Periodic maintenance fee Debits 12 Each $................... $.................
Direct Debits – not required
19 Included for recognition
purposes only.
Nil Each $................... $.................
Direct Deposits
20 Sundry deposit payments
directly to the Health Services
bank account
50 Each $................... $.................
Individual Funds Management
21 Periodic maintenance fee N/A Each $...................
22 Over limits fee N/A Each $...................
23 Same day transfer to other banks
(RTGS)
1 Each $...................
Daily Download of Bank Statements
24 Cost of providing bank
statements
260 Each $................... $.................
25 Rejected transactions 1 Each $...................
Overdraft Facilities
The overdraft limit presently required is $800,000 (Eight Hundred Thousand Dollars). This limit
may be varied at the discretion of the Health Service prior to the commencement date or during the
duration of contract.
Account offset is used against all credit funds.
26 Overdraft establishment fee $...................
Other Overdraft Facility Charges
Please specify all other overdraft facility charges (if any)
27 Unused Limit Fee Each %................... %.................
28 Line Fee Each %................... %.................
29 Each %................... %.................
Loan Facilities
No loan facilities are required
20
Item Description of Services Estimated
Transaction
Level Per
Annum
Unit Unit Price or
Percentage
Per Annum
(incl. GST)
Total Cost
Per Annum
Based on
Estimated
Transaction
Level (incl.
GST)
30 Corporate credit card charges 1
card
240 trans Per
card
$................... $.................
31 Annual per card fees
1 card
1 Per
card
$................... $.................
32 Bank audit certificates 12 Each $...................
Credit Cards/Eftpos
33 Monthly Rental of Eftpos
electronic terminals
3 terminals Each $................... $.................
34 Merchant service fees
Credit Card – Value up to $500k
3,000 Each $................... $.................
35 Merchant service fees
Debit card – Value up to $400k
3,000
Each ...................%
36 Credit card
Percentage of sales - Visa
...................%
37 Credit card
Percentage of sales – M/Card
...................%
Miscellaneous
38 Credit Interest Rate 6 Accounts Per
annum
%................... %.................
Internet Banking Services 1
39 Establishment
40 Monthly module costs
41 Transaction costs - reporting 10,000
Note: Estimated transaction levels per annum are indicative only and may vary.
21
3.3 Schedule C – Statement of Compliance
Portland District Health
Contract Description Supply of Banking Services
Contract No Banking Contract 2011
The Tenderer is to signify whether or not its tender conforms with the requirements of the Tender Invitation
Documents by striking out below * that which is not applicable.
This Tender * does conform with the Tender Invitation Documents.
* does not conform with this tender/invitation documents
Should the Tender be a Non-Conforming Tender, the tenderer must list below all areas of non-conformance
and the reason for non- conformance. The tender must also value each non-conformance so that, if the non-
conformance is acceptable to the Health Service, the tender prices or rates can be adjusted accordingly. If a
non-conformance is not valued and is unacceptable to the Health Service, the tender may not be further
considered.
Area of Non-Conformance Value of Non-Conformance
Signed______________________________________________________________
For and on behalf of __________________________________________________
(The Tenderer)
Date_______________________________________
22
3.4 Schedule D – Receipt of Addenda
Portland District Health
Receipt of Addenda
Contract Description Supply of Banking Services
Contract No Banking Contract 2011
The Tenderer is to list below all addenda that it received during the tender period. The tenderer
acknowledges that the tender has been prepared having regard to these addenda.
Addenda No.
Brief Description
(eg. Specification page no, clause no, schedule no.)
Date
Received
This Tender has been prepared having regard to the addenda listed above.
Signed______________________________________________________________
For and on behalf of __________________________________________________
(The Tenderer)
Date_______________________________________
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3.5 Schedule E – Statutory Declaration
Statutory Declaration For tender submissions to the Portland District Health
Contract Description Supply of Banking Services
Contract No Banking Contract 2011
I, __________________________________________________________________________________________
of __________________________________________________________________________________________
in the State of Victoria do solemnly and sincerely declare
THAT
1. I hold the position of ................................................. and am duly authorised by
........................................................ (“the Tenderer”) to make this declaration on its behalf.
2. Prior to the lodging of its Tender, neither the Tenderer nor any of its servants or agents had any knowledge of
the Tender Price or proposed Tender Price of any other Bidder nor has the Tenderer or any of its servants or
agents disclosed to any rival Bidder the Tenderer’s price.
3. Neither the Tenderer nor any of its servants or agents has entered into any contract, arrangement or
understanding to pay moneys or provide any other benefit or other financial advantage to any trade
association in respect of the Contract, apart from the normal amount (annual subscription, turnover or
contract fee) commonly imposed by that trade association.
4. Neither the Tenderer nor any of its servants or agents has entered into any contract, arrangement or
understanding that the successful Bidder for the Contract will pay any money to, or provide other benefit or
other financial advantage to any other Bidder who unsuccessfully tendered for the Contract.
5. The Tenderer submitted its Tender in good faith and has not deliberately set its Tender Price above the level of
rival Bidders.
6. As at the date of this declaration, the Tenderer intends to do the work set out in the Tender.
7. Neither the Tenderer nor any of its servants or agents has entered into any contract, arrangement or
understanding for the purpose or one of the purposes being that, in the event that it is successful in the tender,
it will pay to any unsuccessful Bidder any monies in respect of or in relation to the Tender or any contract
resulting therefrom.
8. It is understood that the PDH is not bound to accept the lowest or any Tender it may receive.
9. The Tenderer examined the Conditions of Tender and the Tender Documents prior to the submission of its
Tender.
AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provision
of an Act of the Parliament of Victoria rendering persons making a False Declaration punishable for wilful and
corrupt perjury.
DECLARED at in the )
)
State of Victoria this )
)
day of Two thousand )
)
and )
)
Before me
24
3.6 Schedule F – Company References
Company References Please provide the following information for the three (3) most recent and relevant
contracts completed by the company.
Contract 1 Contract 2 Contract 3
Contract
Description
Client
Contact Name
Phone No.
Value of work
Commencement
Date
Completion
Date
Signed______________________________________________________________
Name_______________________________________________________________
For and on behalf of __________________________________________________
(The Tenderer)
Date_____________________________________
25
3.7 Schedule G – Insurance and Indemnity Disclosure
Insurance and Indemnity Disclosure
This disclosure shall be completed by the Tenderer or the Tenderers authorised
representative: -
Provide details of current coverage:
Certificate
of
Currency
Enclosed
(Yes / No)
Policy Type
Name of Insurer
and Policy No.
Level of
Cover $
Expiry
Date
Public
Liability
Products
Liability
Professional
Indemnity
WorkCover Employer Registration Number ……………………………….
Name of Insurer ……………………………………………………………..
Expiry Date …… / …… / …………..
I declare that the above information is true and correct and that, if my Tender is accepted,
I will take out and maintain for the period of the Contract insurance and indemnity cover
to accord with specification requirements.
Signed______________________________________________________________
For and on behalf of __________________________________________________
(The Tenderer)
Date …… /…… /……….
If the Tenderer is successful the Tenderers Public Liability Policy
must be in the joint names of the Tenderer and the Health Service.
26
4 General Conditions
4.1 General
This Contract is to be made with the Portland District Health (PDH, or the Health Service)
and shall be interpreted in accordance with the law applicable in the State of Victoria.
4.2 Definitions
In this Contract unless the context or subject matter suggest otherwise,
“Contract” means an agreement between the Health Service and the successful Tenderer/s
which gives rise to legal rights and obligations. A binding contract between the Health
Service and the successful Tenderer/s will be created by the Health Service‟s unconditional
acceptance of the Tender.
“The Health Service”, and “PDH” mean the Portland District Health.
“Lump Sum” means the total sum payable by the Health Service to the Service Provider for
the provision of the goods, works or services nominated in the Tender Invitation
Documents.
“Schedule of Rates” means the respective rate or rates contained in the Tender that will
apply for the execution of the nominated services.
“Services” means all services which the Service Provider is required to provide in
accordance with its obligations under the Contract.
“Service Provider” means the Company or person/s selected by the Health Service to deliver
the Services.
“Specification” means the specification forming part of the Tender Invitation Documents.
“Supervising Officer” means the Supervising Officer as nominated in the Annexure for the
time being by the Health Service or any person duly authorised in writing by that officer to
act on his/her behalf.
“Tender” means a written proposal, submitted in response to the Tender Invitation
Documents, to provide goods, works or services to the Health Service.
“Tender Invitation Documents” means the Tender Form, Tender Schedule/s (if applicable),
Specification, General Conditions of Contract and accompanying documents.
4.3 Form of contract
The form of the Contract shall be as shown in the Annexure.
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4.4 Nature of contract
The Service Provider shall provide all necessary staff, materials, and pay all necessary fees,
costs and charges to perform the Services described in the Tender Documents and do so to
the reasonable standard and satisfaction of the Finance Manager at the Health Service in his
capacity as the Supervising Officer.
4.5 The Supervising Officer
The functions, rights and powers conferred by this Contract upon the Health Service shall be
exercised by the Supervising Officer or his representative. The Service Provider shall in no
circumstances question the existence or extent of the authority of any person authorised, in
writing, by the Supervising Officer to act on his/her behalf and the duties, discretions and
authorities so delegated. The name of the Supervising Officer is shown in the Annexure.
4.6 Variations
Any amendment or variation to this Contract must be:
consistent with the scope and character of the Contract,
in writing and approved by the Supervising Officer prior to implementation,
valued in accordance with relevant rates or prices contained in the Contract or
valued using any other method mutually approved by the Supervising Officer and
the Service Provider.
The written consent of the Supervising Officer must be obtained before the Service Provider
commences work or activity which the Service Provider believes is outside the scope of the
Contract. The Health Service will, under no circumstances recognise or be under any
obligation to recognise any claim for a variation if the prior written consent of the
Supervising Officer was not obtained before any work claimed to be outside the scope of the
contract is commenced.
4.7 Commencement date
The successful Tenderer will be required to commence operations on the date specified in
the Annexure or on any other date as may be agreed.
4.8 Payments
If the Service Provider complies with its obligations under this Contract it shall be entitled
to receive all moneys due and payable in accordance with the terms stated in the Annexure.
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4.9 Contract term
The Contract term shall be the Initial Contract Term, as stated in the Annexure, and any
period for which the operation of the Contract is extended under this clause. The Health
Service may, at its sole discretion, extend the operation of this Contract beyond the Initial
Contract Term providing notice is given to the service provider in accordance with the
notice provisions nominated in the Annexure.
The rights and obligations of the parties under clauses 12, 13, 15, 19, 21, 22, 23, 24 and 25
shall survive the termination or expiry of this contract.
4.10 Statutory Requirements
The Service Provider shall comply with and ensure that all its employees, subcontractors or
agents comply with the requirements and obligations of,: -
(a) the Equal Opportunity Act 1995 and Disability Discrimination Act 1992
(b) the Occupational Health & Safety Act 1985 and associated regulations
(c) The Information Privacy Act 2000 and the Health Records Act 2001
(d) all other relevant Acts, regulations, local laws or by-laws;
(e) The Health Service Policies and Procedures on Occupational Health & Safety, Equal
Opportunity and Harassment, which are in any way applicable to the performance of the
Services specified in this Contract.
4.11 Good and Services Tax (GST)
In this clause:
“GST” means a Goods and Services Tax authorised by “A New Tax System (Goods And
Services) Act 1999” or otherwise;
“Tax Invoice” and Taxable Supply have the meaning set out in “A New Tax System
(Goods and Services) Act 1999.”
The services nominated in this contract constitute a taxable supply. The contract sum/s
agreed between the parties shall be considered to be GST inclusive. Claims for payment
arising from this contract shall be rendered in the form of Tax Invoices.
Each party to the Contract warrants that at the Commencement Date it will be registered for
GST and will remain registered throughout the period of the Contract.
29
4.12 Insurance and indemnity
The Service Provider shall indemnify the Health Service, keep indemnified and hold
harmless the Health Service, and its directors and staff, from and against all actions, claims,
losses, damages, penalties, demands or costs (including, without limitation, all indirect
losses, consequential losses and legal costs on a full indemnity basis) consequent upon,
occasioned by or arising from its performance or purported performance (including
compliance with legislation) of its obligations under this Contract, including, without
limitation, any acts or omissions of the Service Provider‟s subcontractors, agents and
employees.
The Service Provider must, at its own cost, take out and keep current during the Contract
term:-
a) A Public Liability Policy of Insurance of a sum not less than the amount stated in the
Annexure.
b) A Professional Indemnity policy of insurance of a sum not less than the amount
stated in the Annexure.
c) A WorkCover Policy of Insurance issued under and in accordance with the Accident
Compensation (WorkCover Insurance) Act 1993.
The Public Liability Policy shall be in the joint names of the Service Provider and the Health
Service. It shall take effect from the date of commencement and be maintained until the
service provider fully discharges its obligations or ceases to be responsible for the care of
anything under the contract. The Policy shall include cover for liability to third parties in
any way arising out of the provision of works or services by the Service Provider and
contain a cross liability clause to provide cover for the liability of all parties comprising the
insured as if separate policies of insurance had been issued to each of them and, except with
the consent of the Supervising Officer, contain a waiver of subrogation clause.
Certificates of Currency for all insurances required must be provided within 5 days of a
written request by the Health Service and complete copies of policies provided upon
demand.
The Health Service shall review all insurance and indemnity arrangements annually to
ensure that the policy sums remain adequate. Evidence of continued cover, in the form of
Certificates of Currency shall be produced on request.
If the Service Provider fails to comply with the provisions of this clause the Supervising
Officer may immediately terminate the Contract without reference to the notice provisions
contained in clause 14 and 15 of these General Conditions of Contract.
30
4.13 Health and Safety
The Health Service is obliged to provide and maintain, so far as is practicable, a working
environment for its employees and members of the public that is safe and without risk to
health.
The Contractor must itself, and must ensure that any sub-contractors of the Contractor, at all
times identify and take all necessary precautions for the health and safety of all persons,
including the Contractor‟s employees and sub-contractors, staff of The Health Service and
members of the public, who may be affected by the performance of the Services.
The Contractor must inform itself of all OH&S policies, procedures or measures
implemented or adopted by The Health Service. The Contractor must comply with all such
policies, procedures or measures.
The Contractor must immediately comply with any and all directions by the Supervisor
relating to OH&S.
The Contractor must comply with; and ensure that its employees, sub-contractors and agents
comply with any Acts, regulations, local laws, codes of practice and Australian Standards
which are in any way applicable to OH&S and the performance of the Services.
4.14 Notices
A notice required or permitted to be given by one party to another under this contract must
be in writing, addressed to the other party and be
handed to that party or his representative or,
delivered to that party‟s address or,
posted by prepaid mail to that party‟s address or,
sent by facsimile to that party‟s facsimile number.
sent by E-mail
4.15 Default and termination
Should the Service Provider default in the performance, satisfactory completion or
observance of any obligation under this Contract, the Supervising Officer will be entitled to
give written notice to the Service Provider to show cause why the Health Service‟s rights
under this clause should not be exercised.
Such notice must:
not be unreasonably given;
state that it is a notice under this clause; and
specify the default on the part of the Service Provider upon which it is based.
If, within ten (10) days after the issue of the notice, the Service Provider fails to rectify the
default or fails to show, to the satisfaction of the Supervising Officer, that the default will be
rectified and this contract satisfactorily completed in accordance with its terms, the Health
Service, or the Supervising Officer (without prejudice to any other rights available to it) may
31
suspend payment under the Contract; or
terminate the Contract.
Should the Contract be terminated the Service Provider shall only be entitled to receive
Contract payments in respect of services which have been performed to the satisfaction of
the Supervising Officer.
4.16 Insolvency of Service Provider
If the Service Provider
becomes bankrupt; or
is unable to demonstrate, to the Health Service‟s satisfaction, that it possesses the
financial viability to continue to perform its obligations under the Contract
The Health Service or the Supervising Officer acting on its behalf, may terminate the
Contract immediately without reference to Clause 14 or 15.
4.17 Assignment and sub-contracting
The Contract shall not be assigned or sub-contracted in whole or in part without the prior
written consent of the Supervising Officer.
4.18 Rise and fall
The Contract price shall be fixed for the term of the Contract unless indicated to the contrary
in the Annexure.
4.19 Conflict of interest
The Service Provider warrants that no conflict of interest exists or, to the best of its
knowledge, is likely to exist between the performance of its obligations under this contract
and the performance of any other obligations (whether contractual or not).
If such a conflict of interest arises between the performance of it‟s obligations under this
contract and any other obligations, the Service Provider agrees to immediately give notice
and the details of such conflict to the Supervising Officer.
4.20 Dispute resolution
Notice of a dispute or difference between the Health Service and the Service Provider
arising out of this Contract shall be in writing and shall describe the precise details of the
dispute or difference.
32
Should the Health Service and the Service Provider fail to resolve the dispute or difference
to their mutual satisfaction within 14 days following the receipt of the notice, either party
shall be entitled to pursue resolution of the matter by arbitration and/or legal proceedings.
4.21 Intellectual Property
Title to all intellectual property in any document or computer software created by the
Service Provider in the course of performing the Services shall vest in the Health Service
unless otherwise agreed in writing prior to the commencement of the contract.
4.22 Confidentiality
The Service Provider, it‟s employees or agents shall not disclose any information or release
any documents of a confidential nature belonging to the Health Service, without the prior
consent of the Supervising Officer.
The Health Service, its employees or agents shall not disclose any information or release any
documents of a confidential nature belonging to the Service Provider without the prior
consent of the Service Provider.
4.23 Information privacy
The Service Provider must, in respect of Personal Information held in connection with this
contract, comply with the Information Privacy Principles, as defined under the Information
Privacy Act 2000 and the Privacy Principles as defined under relevant act, with respect to
any act done, or practice engaged in, by the Service Provider, its employees and agents
including, without limitation:
using personal information only for the purposes of fulfilling the Service
Provider‟s obligations under this Contract; and
not disclosing Personal Information without the Supervising Officer‟s written
authority except for the purpose of fulfilling the Service Provider‟s obligations
under this Contract
The Service Provider must immediately notify the Supervising Officer where it becomes
aware of a breach of this clause.
4.24 Use of the Health Services name or logo
The Service Provider shall not use a PDH Service Mark without the written permission of
the Supervising Officer.
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4.25 The media
The Service Provider, its employees, agents or sub-contractors must not make any statement
to the media on behalf of the Health Service or in relation to the performance of the
Services. All media enquiries or any event arising in the course of performing the Services
that receives media attention must be referred to the Supervising officer.
34
5 Annexure
The information detailed below shall be read as part of the Contract:
FORM OF CONTRACT
(Clause 3)
Schedule of Rates
SUPERVISING OFFICER
(Clause 5)
Mr. David Rae, Finance Manager
COMMENCEMENT DATE
(Clause 7)
1 July 2011
PAYMENTS
(Clause 8)
As nominated by service provider and agreed by
supervising officer
CONTRACT TERM
(Clause 9)
(a) Initial Term
(b) Optional Term
(c) Minimum notice period to extend Initial Term
3 years
Two (2) 12 month periods
Three months
PUBLIC LIABILITY AND INDEMNITY
(Clause 12)
(a) Public Liability Sum
(b) Professional Indemnity Sum
Twenty Million Dollars ($20,000,000)
Ten Million Dollars ($10,000,000)
RISE AND FALL
(Clause 18)
Not Applicable
PERFORMANCE SECURITY
Not Applicable