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Model Request for Tender - Department of Finance and Deregulation

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Agency Banking: Market Testing Toolkit - <strong>Model</strong> <strong>Request</strong> <strong>for</strong> <strong>Tender</strong><br />

3.3.3 Supporting documentation may be provided to enhance the proposal contained in the tender.<br />

Supporting documentation must be provided be<strong>for</strong>e the <strong>Tender</strong> Closing Time. Any supporting<br />

documentation which, in the opinion <strong>of</strong> [...INSERT AGENCY NAME...], materially alters the<br />

tender will not be admitted to the evaluation.<br />

3.3.4 <strong>Tender</strong>ers must ensure that the tender is complete, includes the correct number <strong>of</strong> copies,<br />

<strong>and</strong> contains clear <strong>and</strong> concise responses to all matters identified in this RFT. Failure to<br />

completely respond to the requirements <strong>of</strong> this RFT may lead to the tender being set aside <strong>for</strong><br />

incompleteness.<br />

3.4 Improper Assistance<br />

3.4.1 <strong>Tender</strong>ers shall not use the improper assistance <strong>of</strong> employees or <strong>for</strong>mer employees <strong>of</strong> the<br />

Commonwealth, or in<strong>for</strong>mation unlawfully obtained from the Commonwealth, in compiling their<br />

tenders. The [...INSERT AGENCY NAME...] may set aside a tender which has been compiled<br />

with such improper assistance or unlawfully obtained in<strong>for</strong>mation.<br />

3.5 Statement <strong>of</strong> Compliance<br />

3.5.1 <strong>Tender</strong>ers are to state at Annex D their compliance or otherwise with each clause <strong>of</strong> the RFT<br />

including the Conditions <strong>of</strong> <strong>Tender</strong>, the Draft Conditions <strong>of</strong> Contract <strong>and</strong> the Statement <strong>of</strong><br />

Requirement. Responses are to be in the order in which the clauses appear <strong>and</strong> refer to the<br />

relevant clause number, Schedule or Attachment. Non-committal terms such as “noted”<br />

should not be used. Responses are to be limited, wherever possible, to the following<br />

expressions:<br />

(a) “complies” means:<br />

(i) in the case <strong>of</strong> a clause which imposes a contractual condition, that the condition<br />

is agreed to;<br />

(ii) in the case <strong>of</strong> a clause which specifies a characteristic or per<strong>for</strong>mance to be met<br />

by the Services provided, that the tender is to provide the requirement as<br />

specified;<br />

(iii) in the case <strong>of</strong> a clause which is <strong>of</strong> an in<strong>for</strong>mative nature only, that the clause has<br />

been read, understood <strong>and</strong> is agreed; or<br />

(iv) in the case <strong>of</strong> a clause where in<strong>for</strong>mation has been requested, that the<br />

in<strong>for</strong>mation has been provided in the required level <strong>of</strong> detail <strong>and</strong> in the required<br />

<strong>for</strong>mat.<br />

(b) “does not comply” – means that the contractual condition, characteristic or per<strong>for</strong>mance<br />

requirement <strong>of</strong> the clause cannot or will not be met by the tenderer.<br />

3.5.2 Where a tender does not comply with a particular clause, the manner <strong>and</strong> extent <strong>of</strong> noncompliance,<br />

including implications <strong>for</strong> any proposed contract, is to be stated at Annex D. The<br />

tenderer is to provide separately a summary list <strong>of</strong> clauses in respect <strong>of</strong> which there is noncompliance,<br />

including, where practicable, details <strong>of</strong> any amendments proposed, or alternative<br />

clauses considered suitable <strong>for</strong> the requirement.<br />

3.6 <strong>Tender</strong>ers to In<strong>for</strong>m Themselves<br />

3.6.1 <strong>Tender</strong>ers shall be deemed to have:<br />

(a) examined the RFT, any documents referenced herein, <strong>and</strong> any other in<strong>for</strong>mation made<br />

available in writing by the [...INSERT AGENCY NAME...] to tenderers <strong>for</strong> the purpose <strong>of</strong><br />

tendering;<br />

(b) examined all further in<strong>for</strong>mation which is obtainable by making reasonable enquiries<br />

relevant to the risks, contingencies, <strong>and</strong> other circumstances having an effect on their<br />

tender; <strong>and</strong><br />

Financial Framework Division October 2003 10

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