Model Request for Tender - Department of Finance and Deregulation

Agency Banking: Market Testing Toolkit - Model Request for Tender
• Integration costs, if any, to be borne by the Agency.
4.1.3 Tenderers should note that the list of criteria is not exhaustive and the category (b) evaluation
criteria are not in any order of importance. The [...INSERT AGENCY NAME...] reserves the
right, in its absolute discretion, to evaluate tenders as [...INSERT AGENCY NAME...] deems
appropriate in the context of its requirement for the Services, including the determination of
the evaluation criteria and the significance to be applied to particular evaluation criteria.
4.1.4 The [...INSERT AGENCY NAME...] may, in its sole and absolute discretion, use any relevant
information obtained in relation to a tender, either through the tender process or by
independent inquiry, in the evaluation of tenders.
4.1.5 Tender responses which, in the opinion of [….INSERT AGENCY NAME…...], are incomplete,
non-compliant with essential Agency requirements, or clearly not competitive, may, at any
time, be excluded from consideration at the [….INSERT AGENCY NAME…..] discretion, but
[…INSERT AGENCY NAME…] reserves the right to consider such tenders and to seek
clarification in accordance with clause 4.1.9. .
4.1.6 Neither the lowest priced tender nor any tender will necessarily be accepted by the [...INSERT
AGENCY NAME...]. The [...INSERT AGENCY NAME...] reserves the right to accept or reject
any tender regardless of its compliance or non-compliance with the RFT.
4.1.7 The [...INSERT AGENCY NAME...] reserves the right to accept separate tenders for discrete
elements of the requirement, or any item or items, or part or parts thereof, as provided in the
tender or tenders.
Note: Drafter to ensure that this provision is consistent with clause 2.2 and 2.3 of the Conditions of
Tender.
4.1.8 These Conditions of Tender are expressly not a contract between the [...INSERT AGENCY
NAME...] and the tenderer. Nothing in this Request for Tender, nor in any tender received,
shall be construed as to give rise to contractual obligations, express or implied. No contract
shall be created in relation to a tender until a formal contract is executed between the
[...INSERT AGENCY NAME...] and the tenderer, based on the draft Conditions of Contract in
Part Three.
4.1.9 The [...INSERT AGENCY NAME...] reserves the right to seek clarification in relation to any
ambiguity or uncertainty from any or all of the tenderers in relation to their tender, including
matters concerning the tenderer’s proposed contractors. The [...INSERT AGENCY NAME...]
may also request to visit the facilities of tenderers and their proposed contractors to clarify
parts of the tenders.
4.2 Negotiations
4.2.1 The [...INSERT AGENCY NAME...] reserves the right to enter into negotiations with any one
or more tenderers, including tenderers who have lodged non-compliant tenders.
4.2.2 These conditions are not intended to limit the scope of negotiations. The tender shall not be
deemed to have been accepted unless and until a formal written contract has been executed
by the tenderer and the [...INSERT AGENCY NAME...]. Notification from the [...INSERT
AGENCY NAME...] to any tenderer that it is a preferred, selected or successful tenderer shall
not constitute an acceptance or rejection of any tender.
4.2.3 The [...INSERT AGENCY NAME...] reserves the right to terminate negotiations with any
tenderer and commence negotiations with any other tenderer, at any time. In particular, the
[...INSERT AGENCY NAME...] may reject a tender and consider other tenders in
circumstances where, during the contract negotiations, the tenderer seeks to vary the terms of
its tender, including, without limitation, price or its stated compliance with the draft Contract
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