Request for Tenderfor the provision of Land Survey Services for the Western Sydney Airport Project

Part C – Response Form

ISSUE DATE: 30 October 2017CLOSING DATE: 27 November 2017CLOSING TIME: 11:59PM CANBERRA TIME

CONTACT EMAIL: tenders@wsaco.com.au

Information for Tenderers

Structure of this RFT

This Request for Tender (RFT) is made up of the following Parts:

Part A: RFT Requirements

Part B: RFT Terms and Conditions

(this) Part C: RFT Response Form, which consists of:

Part C1 –Tenderer’s Details

Part C2 – Response to Statement of Requirements

Part C3 – Tendered Pricing

Part C4 – Contract Compliance Statement

Appendix A – Survey Price Breakdown

Attachments

Attachment A: Scope of Services, made up of:

Survey Works Description

Survey Functional Specification (Annexure A), including Appendices A-E

Attachment B: Draft Contract

Attachment C: Tenderer’s Declaration

Attachment D: Western Sydney Airport Badgerys Creek On-Site Access Protocols

Before preparing a tender, Tenderers should make sure they have read and understood all Parts of the RFT documentation.

1. Instructions

1.1. Form of response

1.1.1. It is strongly preferred that Tenderers use this Part C – RFT Response Form when responding to this tender.

1.1.2. As per RFT Part A3, Section 6.3, it is a Minimum Content and Format requirement that Tenderers submit their response substantially in the format specified in this Part C – RFT Response Form. Subject to RFT Part B2, Section 4.1.2, tenders not substantially in this format may not be evaluated.

1.1.3. Tenderers should fully address all requirements set out in this RFT in preparing their tender. Tenderers should delete the ‘instructions’ from this document upon completion.

1.1.4. Tenderers may attach additional details (tables etc as an appendix), if appropriate or necessary but are reminded that these should be directly relevant to the Scope of Services and correctly referenced in the relevant section of Part C – RFT Response Form.

1.1.5. There are no word limits for responses, however, Tenderers are asked to keep their responses to each question concise and relevant to the Scope of Services.

1.1.6. The total Tender should not exceed 30 pages (including a cover page/letter, this Part C – RFT Response Form, and all RFT attachments (excluding CVs)). If your Response exceeds 30 pages, WSA Co may choose not to evaluate or may choose not to consider any information provided beyond page 30.

1.2. Completing this response

1.2.1. Tenderers should complete all information requested in this Response Form. Tenderers should type the information requested in each item in the space provided and generally notated ‘[insert details]’.

1.2.2. Tenderers should ensure that enough detail is provided for the purposes of the evaluation. Information should be presented clearly and succinctly. The inclusion of general marketing or other information that does not address the Evaluation Criteria is strongly discouraged.

1.2.3. Responses must be completely self-contained. No hyperlinked or other material may be incorporated by reference. References to hyperlinked or other material incorporated by reference will not be considered as part of the evaluation process.

1.2.4. Responses will be evaluated in accordance with Part B2 of this RFT. To the extent of any inconsistency between the RFT (Parts A and B) and this Response Form (Part C), the RFT (Parts A and B) will have precedence.

1.3. Mandatory Requirements

1.3.1. Tenderers must satisfy all the Conditions for Participation and tenders must meet all Minimum Content and Format Requirements specified in Part A of this RFT.

1.3.2. Tenderers should be aware that a failure to satisfy any Conditions for Participation or Minimum Content and Format Requirements will result in the tender being excluded from consideration under this RFT.

Part C1 Tenderer’s Details

2. Tenderer’s Details

2.1.1. Tenderers should provide company, firm and/or business names as appropriate. Include ABN, ACN, ARBN or other registration numbers wherever applicable:

Table: Tenderer Details

Tenderer’s legal name [insert name]

Trading or business name/s (if different to above)

[insert details]

ABN [insert details]

ACN / ARBN / other [insert details]

Type of entity (eg company, incorporated association, natural person)

[insert details]

Registered office / principal place of business [insert details]

If a company, names and ABN/ACN (if applicable) of:

individual shareholders holding 20 per cent or more of any issued share capital

any related companies (within the meaning of section 50 of the Corporations Act 2001)

[insert details]

If a trustee, provide details of the relevant trust including a copy of the relevant trust deed (including any variations to that deed)

[insert details]

If a partnership, provide details of the relevant partnership including a copy of the relevant partnership agreement

[insert details]

If other entity, provide details [insert details]

3. Tender Contacts

3.1. Contact Officer

3.1.1. Tenderers should provide details of a relevant Contact Officer who will be the first point of contact for all correspondence in relation to this tender.

Table: Contact Officer

Name: [insert details]

Position: [insert details]

Location / Address: [insert details]

Phone: [insert details]

Mobile: [insert details]

Email: [insert details]

3.2. Authorised Signatory

3.2.1. Tenderers should provide details of the registered signatories authorised to sign on behalf of the company/organisation (ie. the signatories for the Tenderer’s Declaration at Attachment C).

Table: Authorised Signatory

Name: [insert details]

Position: [insert details]

Location / Address: [insert details]

Phone: [insert details]

Mobile: [insert details]

Email: [insert details]

4. Subcontractor Details (if applicable)

4.1.1. Tenderers should provide details of any proposed subcontracting arrangements.

Table: Subcontractor Details

Provide details of subcontractor(s) proposed to deliver part of the Supplies including the legal name, part of the Supplies proposed to be delivered and details of arrangements between the Tenderer and subcontractor.

[insert details]

5. Conditions for Participation

5.1.1. There are no Conditions for Participation, so no response is required here.

Table: Conditions for Participation

N/A N/A

6. Minimum Content and Format Requirements

6.1.1. The Tenderer confirms that its tender meets the following Minimum Content and Format Requirements:

Table: Minimum Content and Format Requirements

The tender is written in English and measurements are expressed in Australian legal units of measurement.

[Yes/No]

The Tenderer must submit their response substantially in the form specified at this RFT Part C, Tender Response Form

(note: it is strongly preferred that Tenderers use RFT Part C, Tender Response Form to respond to this tender).

[Yes/No]

The Tender must include the Tenderer’s Details in accordance with RFT Part C1.

[Yes/No]

The Tender must include pricing information in accordance with this RFT Part C3, including completion of Appendix A (Detailed Pricing Breakdown Spreadsheet).

[Yes/No]

This tender includes a Contract Compliance Statement substantially in accordance with this RFT Part C4.

[Yes/No]

This Tender must include a signed Tenderer’s Declaration (as per Attachment C).

[Yes/No]

7. Conflict of Interest

7.1.1. The Tenderer should provide a statement regarding any business relationships, current client arrangements, projects or issues that it reasonably considers may give rise to a Conflict of Interest in the provision of the required Supplies (see definition of ‘Conflict of Interest’ in Part B3 of this RFT). Any actions or arrangements that the Tenderer proposes to undertake in response to these issues should also be detailed in this part.

Table: Conflicts of Interest

[insert details of Conflicts of Interest] [insert details of proposed response or mitigations]

8. Insurance

8.1.1. The Draft Contract describes WSA Co's expectations in regard to the type and amount of insurance cover for the proposed Supplies.

8.1.2. Tenderers should provide details of insurance cover held and/or proposed in respect of the provision of the Supplies. Such details should include, but need not be limited to:

(a) types of insurance coverage held;

(b) amount of cover provided in policy; and

(c) exclusions.

Table: Insurance Details

[name of policy] [insert details]

[name of policy] [insert details]

[name of policy] [insert details]

Table: Supporting Materials Attached

Copy of certificate of currency for public liability insurance [Yes/No]

Copy of certificate of currency for workers compensation insurance [Yes/No]

Copy of certificate of currency for professional indemnity insurance [Yes/No]

9. On-site Safety Requirements

9.1.1. Due to the nature of the work to be undertaken, Tenderers are required to provide additional information as to how the on-site access and safety requirements are to be managed.

9.1.2. Tenderers should provide the following information (as applicable).

Table: Work Health and Safety

Agreement to the Process for WSA Co & WSA Co Contractor Requests For Access to the Western Sydney Airport Site.

(Attachment D)

[Yes/No]

Outline of any proposed on-site work procedures and/or other issues which may affect on-site works

[insert details]

Copy of their current WH&S Policy [Attached]

10. Referees

10.1.1. Tenderers should provide the name, address, phone number, email address and context of at least two (2) referees that are able to attest to the capacity of the Tenderer against the RFT and specifically against the requirements outlined in the Scope of Services at Attachment A.

10.1.2. The Evaluation Team may seek verbal or written reports from referees, at WSA Co’s discretion and subject to any conditions which may be outlined in the RFT.

Table: Referee Details

[insert details of Referee] [insert contact details]

Context:

[insert details]

[insert details of Referee] [insert contact details]

Context:

[insert details]

11. Supporting Attachments

11.1.1. Tenderers should include a list of all supporting Attachments (if any).

[insert details]      

[insert details]      

[insert details]      

Part C2 Response to Statement of Requirements

12. Executive Summary

12.1.1. The Tenderer should provide a brief summary of their tender response.

Executive Summary

[insert details]

13. Technical

13.1.1. Tenderers should complete the following information with respect to the Evaluation Criteria outlined in RFT Part B2 Section 4 and the Scope of Services (Attachment A).

Table: Technical Requirements

Weighted Technical Requirements Criterion

1 35% Understanding - Demonstrated understanding of the Tender’s purpose, objectives and strategy, and, the Tenderer’s planned approach to meeting the requirements as listed in the Scope of Services. This includes but is not necessarily limited to:

(a) demonstrated understanding of key elements of the Tender;

(b) demonstrated capacity to understand and identify key elements required to achieve the objectives; and

(c) proposed work plan and methodology for undertaking required services.

Tenderer Response:

[insert details]

Table: Technical Requirements

Weighted Technical Requirements Criterion

2 35% Ability - The Tenderer’s ability to provide the required services in accordance with the Scope of Services. This includes but is not necessarily limited to:

(a) the Tenderer’s industry experience and expertise, including a demonstration of experience undertaking similar geotechnical

investigation services;

(b) the Tenderer’s experience on high profile projects of the scale and complexity as described in the Scope of Services, including a demonstration of the Tenderer’s specific contributions to the success of those projects;

(c) the Tenderer’s skills and qualifications as related to the requirements described in the Scope of Services (including any proposed personnel and subcontractors); and

(d) Curriculum vitae of key personnel proposed for this project.

Tenderer Response:

[insert details]

Table: Technical Requirements

Weighted Technical Requirements Criterion

3 30% Capacity - The capacity of the Tenderer to provide the services in accordance with the Scope of Services within the required timeframes. This includes but is not necessarily limited to:

(a) the availability of the Tenderer’s proposed key personnel for the timeframes specified for this project, including the capacity of the Tenderer to commence the services immediately;

(b) the time allocation of the Tenderer’s proposed key personnel to the required tasks;

(c) the identification of any backup personnel and/or senior management available for assistance, if required;

(d) the demonstrated ability of the Tenderer to meet project deadlines; and

(e) the demonstrated capacity of the Tenderer to provide the required services over the required period.

Tenderer Response:

[insert details]

Table: Supporting Materials Attached

Copy of Curriculum Vitae of key personnel proposed for this project [Yes/No]

Part C3 Tendered Pricing

14. Fees and Pricing

14.1. General Requirements

14.1.1. WSA Co is seeking fee proposals which:

(a) offer compelling value for money, in particular having regard to comparable projects; and

(b) provide a level of certainty about the cost of the services as well as efficiency in delivery of the services.

14.1.2. Prices should be in Australian dollars, unless otherwise stated. Prices not stated in Australian dollars may be converted to Australian dollars as at the Closing Time for the purposes of evaluation only.

14.1.3. Tendered prices should be inclusive of:

(a) all GST - as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) - applicable to the Supplies where applicable and any such GST should be clearly and separately identified; and

(b) all costs associated with doing all things necessary for the due and proper completion of the executed Contract.

14.1.4. Provision of minimum expected resources to complete the services does not derogate from the successful Tenderer’s responsibility to supply additional resources, if required, to ensure completion of the services in accordance with the executed Contract.

14.1.5. Unless otherwise specified, and agreed by WSA Co, the payment of reimbursable disbursement/expense costs will be deemed to be included within the other amounts payable to the successful Tenderer.

14.2. Pricing Instructions

14.2.1. Tenderers should provide the following information:

(a) pricing assumptions, which should outline the Tenderer’s proposed payment structure against the Tenderer’s response and the Scope of Services.

(b) a Maximum Fee payable, which is the total price proposed by the Tenderer as payable for the contract (if successful), including all milestones/deliverable payments (both fixed price and/or capped), expense/disbursement payments as well as any other proposed payments or fees (ie. one-off equipment costs etc).

(c) a breakdown of the Maximum Fee, which fully and clearly provides details of how the Maximum Fee (contract price) has been calculated. This should include:

- a breakdown of Milestone/Deliverable payments proposed by the Tenderer;

- the proposed capped amount for reimbursable disbursement and expenses; and

- any other proposed payments or fees.

(d) a Schedule of Rates for any other adhoc or additional ‘out of scope’ services, as may be requested by WSA Co from time to time.

14.2.2. Tenderers should use the Detailed Pricing Breakdown spreadsheet provided at RFT Part C, Appendix A to assist in calculating their proposed Milestone/Deliverable breakdowns against the Scope of Services.

14.3. Pricing Assumptions

14.3.1. Tenderers should provide the following information:

Table: Assumptions

Pricing Assumptions

[insert details]

14.3.2. Examples of pricing assumptions could include any proposed timeframes for completing the services or specific requirements, the Tenderer’s specific payment breakdown structure, possible discounts, and any applicable exclusions, carve-outs, assumptions and/or caveats.

14.3.3. Tenderers should note that WSA Co is under no obligation to accept these assumptions.

14.4. Maximum Fee Payable

14.4.1. The Tenderer should provide their lump sum Maximum Fee Payable (proposed contract price) as follows:

Maximum Fee payable Fees

(GST Exc.)

Fees

(GST Inc.)

[insert details]

14.5. Breakdown of Maximum Fee Payable

14.5.1. The Tenderer should note that invoices will only be paid on receipt and acceptance of a deliverable/milestone, at the discretion of WSA Co.

14.5.2. The proposed breakdown of the Maximum Fee Payable should clearly itemise and identify each amount against the deliverables/milestones noted in the Scope of Services (the separate document at Attachment A issued with this RFT).

14.5.3. WSA Co has provided a proposed breakdown table to assist Tenderer’s in this process. Tenderers should calculate their proposed breakdown using the Detailed Pricing Breakdown spreadsheet provided at RFT Part C, Appendix A. The Tenderer should

enter each of the Item Subtotals into the table below to provide a summary of their proposed breakdown of the Maximum Fee Payable as follows:

Table: Pricing Breakdown Summary

Item Description Cost (incl. GST)

1 Project Management Overheads $ -

2 Management Plans $ -

3 Project Reports $ -

4 Topographic Survey $ -

5 Ground Surface Model $ -

6 Cadastral Survey $ -

7 Utilities Survey $ -

8 Orthorectified Aerial Photography $ -

9 Provisional Items (Tenderer to Nominate) $ -

10 Tenderer’s Additional Items $ -

Subtotal $ -

14.6. Disbursements

14.6.1. Tenderers should include all proposed disbursements. Examples of where disbursements may be required include, but are not limited to, travel, accommodation and meal expenses.

14.6.2. Tenderers should note that the only disbursements that WSA Co will reimburse for are those which have been agreed for expenditure in writing by the Project Manager or other authorised WSA Co Delegate prior to the disbursement being expended. Inclusion of proposed disbursements as an allowance in the Contract does not negate the need for this approval prior to the disbursement being expended. This includes, but may not be limited to, any travel requirements under the Contract.

14.6.3. Invoices for disbursements will be paid monthly in arrears and evidence may be required.

Table: Disbursements

Disbursements/Expenses Fees

(GST Exc.)

Fees

(GST Inc.)

[insert details]

Insert rows as appropriate

14.7. Additional Service Rates (out of scope requests/additional works)

14.7.1. Tenderers should provide a mechanism for costing any out of scope/additional works that may arise during the contracted term. Examples of this may be required include, but are not limited to, where a scope change is requested by WSA Co.

14.7.2. Additional Service Rates will be included in the contract. The successful Tenderer will be required to use these rates as the base rates for costing any out of scope/additional works proposals (if required/requested).

14.7.3. Tenderers should list both hourly and daily rates for all proposed resources which may be used to provide Additional Services.

14.7.4. These Additional Service Rates should not be included in the Maximum Fees and they will not form part of the successful Tenderer’s contracted Maximum Fee.

Table: Additional Services

Resource/Role Hourly Rate

(GST Exc.)

Hourly Rate

(GST Inc.)

Daily Rate

(GST Exc.)

Daily Rate

(GST Inc.)

Eg. Lab Technician

Insert rows as appropriate

Part C4 Contract Compliance Statement

15. Compliance Statement

15.1. Instructions

15.1.1. Tenderers should note that the extent of non-compliance reported will be a factor in the evaluation process. Any additional cost or risk arising from variations to the Draft Contract as a result of the Tenderer’s Compliance Statement may be taken into consideration in the evaluation process.

15.1.2. In completing this Compliance Statement, items should be reported in the order in which the clauses appear in the Draft Contract. When reporting a compliance item, Tenderers should refer to the relevant clause number, Schedule or Attachment. Compliance responses should be limited to the following expressions:

(a) "Compliant" - which means:

- in the case of a clause which is of an informative nature only, the clause has been read and understood;

- in the case of a clause which imposes a contractual condition, that the condition is agreed; and

- in the case of a clause which directs that an action be taken, that this has occurred/will occur.

(b) "Partially Compliant" - which means in the case of a clause which imposes a contractual condition, that the Tenderer can meet the condition subject to certain qualifications.

(c) "Not Compliant" - which means:

- in the case of a clause which imposes a contractual condition, that the Tenderer does not agree with that condition; and

- in the case of a clause which directs that an action be taken, that this has not occurred/will not occur.

15.1.3. Where a Tenderer states that it is partially compliant or not compliant with a clause, the extent of non-compliance should be stated in full in the Compliance Statement. In this case, the Tenderer should:

(a) provide specific reasons for non-compliance with the clause; and

(b) provide a specific proposal for alternative wording for the clause.

15.1.4. Non-committal terms such as “Noted”, a failure to respond or any response other than “Compliant”, “Partially Complaint” and “Not Compliant” may be deemed as a response of “Not Compliant”, and may subsequently impact on a Tenderer’s overall evaluation outcome.

15.1.5. When completing the Contract Compliance Statement, the Tenderer may group clauses where the response is the same for each of those clauses. For example “Clauses 2.1 to 2.6 – Compliant”.

15.1.6. “Partially Compliant” and “Not Compliant” responses will be negotiated with the preferred Tenderer following the initial evaluation process.

15.1.7. Unless it is expressly stated otherwise in this Compliance Statement, the Tenderer is taken to agree or comply with the terms and provisions in the Draft Contract.

15.1.8. After the Closing Time, a Tenderer must not seek to alter a clause that it has indicated it fully complies with, unless expressly provided permission from WSA Co under the terms of contract negotiation, should the Tenderer be considered a preferred Tenderer.

15.1.9. The request for a specific proposal for alternative wording in Section 15.1.3 (b) does not bind WSA Co to accept the proposed alternative wording, nor does it mean that WSA Co will amend the Draft Contract to align to the Tenderer’s alternative wording.

15.2. Compliance Requirements

15.2.1. Tenderers should refer to the Draft Contract (the separate document at Attachment B issued with this RFT) referenced at Part A4 of this RFT.

15.2.2. Tenderers should state their compliance or otherwise with the Draft Contract for this RFT.

15.2.3. The table format below should be used in providing this Compliance Statement:

Table: Contract Compliance Statement

Clause Nature of Compliance Explanation of partial or non-compliance