coz template - request for quote (rfq) · web viewmanufacture, shipping and installation of...

Request for Quote (RFQ)Supply of Goods and/or Services (Works)

AM - 4230

Structure of Invitation

Invitation Overview

Part A – Conditions of Quotation

Part B – Scope of Services (Works)

Part C – Draft Contract

Part D – Supplier’s Response Form

Part E – Drawings J0 to J09 and E01

Part F – Specifications: SS001, SS002, SS010, SS011, SS018, SS022

Request for Quote – AM-4230 of 9

http://www.coffey.com/en/

INVITATION TO QUOTE

Project Name Manufacture, Shipping and Installation of Office Furniture/Joinery for Department of Education, Ministry of Education Youth and Sport in Funafuti, Tuvalu

Purchaser Coffey International Development Pty Ltd Level 3, 33 Richmond Road, Keswick SA 5035

Invitation Coffey International Development Pty Ltd (Purchaser)Invites you to submit a Quote (Your Quote) for the Manufacture, Shipping and Installation of Office Furniture/Joinery for Department of Education, Ministry of Education Youth and Sport in Funafuti, Tuvalu.

To assist you in the preparation of Your Quote, please find attached a Request for Quote including a Response Form and proposed Contract.

Your Quote must be submitted using the Response Form by the Closing Date specified in this Reference Schedule and must remain valid and open for acceptance for the Quote Validity Period specified.

Your Quote will be evaluated against the Evaluation Criteria outlined in the Request for Quote.

If Your Quote is accepted, Supply will be in accordance with the proposed Contract to be negotiated (Part C).

Document Structure This Request for Quote consists of six (6) parts that are attached to and form part of this RFQ:

This Invitation to Quote

Part A – Conditions of QuotationPart B – Scope of ServicesPart C – Draft ContractPart D – Supplier’s Response FormPart E – Drawings J0 to J09 and E01Part F – Specifications SS001, SS002, SS010, SS011, SS018, SS022

Suppliers should carefully read Parts A - F – including any additional accompanying attachments. Quotes deemed non-conforming by Coffey International Development may be rejected.

Closing Date and Time Wednesday, 13 November 2019 at 3pm Fiji time


Lodgement Method and Place

Either:- In hard-copy by hand in a sealed envelope to the Fiji

Program Support Facility (FPSF) at the Level 1, ‘Sabrina’ Building, corner of Gordon Street and Victoria Parade, Suva - FIJI

Or- Electronically in PDF format by email to:

[email protected]

Information to be provided by Suppliers as part of Quotation

Quotation Form Part D must be completed and returned in full. Written response of the Supplier’s ability to provide the required Goods/ Services and meet the specifications.

Offer Validity Period 90 days.

Coffey International Contact Person

Ruci Tabua

Operations Officer

[email protected]

Copy to: [email protected]

Quotation Evaluation Criteria

A. Mandatory Criteria The mandatory submission requirements by Suppliers are listed below:

1 Company Profile

2 Business License

3 Company Registration

4 OHS Compliance Certificate

5 Tax Compliance Certificate

6 FNPF Compliance Certificate

7 Public Liability Insurance Certificate of Currency

8 Details of Workers Compensation Insurance

9 Contractors All Risk Insurance

9 Description of relevant experience – i.e. similar projects completed during the past 5 years

10 Current company resource capabilities, e.g. employees, facilities, equipment

11 List of key personnel to undertake the project including:1. Project manager

2. Site manager for installation Works in Tuvalu

12 Three (3) references from previous clients for similar projects

14 Proposed Work Program


mailto:[email protected]



B. Weighted Criteria The weighted criteria include, but are not limited to, the following (in no particular order of priority):

1 Supplier’s relevant experience, technical capacity and past performance

2 Supplier’s Proposed Work Program to complete the works according to Coffey’s requirements

3 Price

Indigenous Procurement Policy It is Commonwealth policy and therefore Coffey policy, to

stimulate Indigenous entrepreneurship and business development, providing Indigenous Australians with more opportunities to participate in the economy (see https://www.dpmc.gov.au for further information).

Respondents should note that the Indigenous Procurement Policy does not apply to this procurement.

However, in completing Part D, Response, Respondents are encouraged to provide information on how their organisation or quote stimulates Indigenous entrepreneurship and business development, providing Indigenous Australians with more opportunities to participate in the economy.

Purchases from an Indigenous enterprise may be in the form of engagement of an Indigenous enterprise as a subcontractor, and / or use of Indigenous suppliers in the Respondent's supply chain.


https://www.dpmc.gov.au/

PART A – CONDITIONS OF QUOTATION

1. Coffey may at any time seek further information from You regarding Your Quote, (but need not make the same request of all Suppliers). This may include but is not limited to:

requests for additional information presentations by, or interviews with You or Your key personnel other responses or additional information as required.

2. No legal relationship will exist between You and Coffey unless Your Quote is accepted and a legally binding contract is executed by both parties

3. You participate in this procurement process at your own risk

4. You are responsible for the cost of preparing and submitting Your Quote and all other costs arising from this procurement process.

5. You may only communicate with the Contact Person about this procurement process. Unauthorised communication by a prospective supplier with any other employee or agent of Coffey may lead to a Quotation being rejected.

6. Coffey is not obliged to accept the lowest priced quote or any quote

7. You must identify any aspect of Your Quote that You consider should be kept confidential including reasons. Coffey is not obliged to treat information as confidential and in the absence of any agreement to do so, You acknowledge that Coffey has the right to publicly disclose the information

8. You must declare any actual or potential conflict of interest

9. You must comply with all laws in force in South Australia, Fiji and Tuvalu applicable to this RFQ Process

10. Coffey may in its absolute discretion:

take into account any relevant consideration when evaluating quotes invite any person or entity to lodge a quote allow a supplier to change its quote consider, decline to consider, or accept (at Coffey’s sole discretion) a quote

lodged other than in accordance with these conditions suspend in part or whole, amend, vary or abandon this procurement process at

any time make enquiries of any person or entity to obtain information about You (including

but not limited to the Referees).11. You must read the Conditions of Contract attached as Part C which will apply to the

Contract for this procurement.12. Quotes are accepted on the basis that they are valid for ninety (90) days from the

closing date for receipt of Quotes.

13. Coffey may change this RFQ by issuing Addenda in writing. Any Addenda becomes part of this RFQ. Addenda issued by Coffey are the only recognised explanations of, or amendments to, this RFQ.

14. By lodging a Quotation a prospective supplier agrees to be bound by the Conditions of Quotation.

15. This RFQ, and any information provided by Coffey to a prospective supplier as part of the RFQ process, remain the property of Coffey, and may only be used by a prospective supplier to prepare a Quotation in response to this RFQ. Only prospective


suppliers to whom this RFQ is issued may submit a Quotation.

16. No representation made by or on behalf of Coffey during the RFQ process binds Coffey unless the representation is subsequently included as part of a formal instrument of agreement.

17. A prospective supplier who submits a Quotation must keep the information in its Quotation confidential. Nothing in this clause prevents a prospective supplier from disclosing information in its Quotation: that is available to the public generally otherwise than as a result of a breach of this clause 17 by the prospective supplier; if the disclosure of the Quotation is required by law; if the disclosure is necessary to obtain an approval or licence under a law; or if the disclosure is to the prospective supplier's professional advisers or lenders.

18. Coffey’s selection process for services is conducted in accordance with Australian Government Procurement Rules. For the purpose of assessing Quotes, Coffey is required to pass Quotes to Australian Government Departments and Agencies as Coffey sees fit and to relevant Ministers and Parliamentary Secretaries. It is Coffey’s policy not to divulge to one Supplier information that has been provided in confidence by another.

19. Suppliers should note that the Freedom of Information Act 1982 gives members of the Australian public rights of access to official documents of the Australian Government and its Agencies. The Act extends, as far as possible, rights to access information in the possession of the Australian Government and its Agencies, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities.

20. All Quotations become the property of Coffey on submission. Coffey may reproduce all or any part of a Quotation for any purpose related to evaluation of the Quotation.

21. Coffey reserves the right at its absolute discretion:

(a) by written notice to prospective suppliers (who have been issued this RFQ) to do any of the following things: to discontinue or suspend the RFQ process; to extend the closing date and time of the RFQ; and to amend this RFQ;

(b) to negotiate with any prospective supplier submitting a Quotation;(c) to determine the number of organisations with whom it will contract.(d) is not bound to accept the lowest, or any, Quotation submitted.

22. Prospective suppliers may submit an alternative proposal if it is clearly identified as an 'Alternative Offer' wherever it fails to comply with this RFQ.

23. A prospective supplier who submits a quotation which meets the requirements in this RFQ in an alternative and practical manner, taking into account the totality of those requirements, must include any supplementary material, together with associated prices, which demonstrates, in detail, that the alternative offer will fully achieve all the requirements.

24. Coffey reserves the right either to consider Alternative Offers on their merits or not to consider them further.

25. All monetary amounts must be expressed in Fiji Dollars (exclusive of VAT/GST). The Conditions of Contract allow for the payment of VAT/GST.

26. Coffey will neither be responsible, nor pay, for any cost, expense or loss, which may be incurred by any person in connection with the preparation or presentation of a Quotation.

27. Coffey is not liable for any error or omission in this RFQ.28. A Quotation must be lodged by the closing time and date specified in Invitation to


Quote or as extended, A Quotation must be lodged in a manner specified in the Invitation to Quote.

29. If The Invitation to Quote permits lodgement of Quotations by email the following provisions apply. Lodgement by email will be at the sole risk of the prospective supplier. Coffey does not warrant that a prospective supplier will be able to upload its Quotation to the email address for lodgement. A Quotation may be rejected if it contains a virus, worm or other defect, or if the Quotation does not comply with any format, size or other requirements stated in Part A of the Overview of Requirements.

30. Late Quotations will not be considered unless Coffey is of the view (and its decision will be absolute and final) that:

(a) circumstances beyond the prospective supplier’s control were the cause of the lateness; and

(b) the consideration of the late Quotation will not compromise the integrity of the procurement process or provide any unfair advantage to the prospective supplier lodging the late Quotation.

31. Late Quotations that are not accepted will be marked.32. Unsuccessful suppliers are encouraged to contact the Contact Officer (named in Part

A) to request a debriefing to discuss the reasons for their non-selection. If requested to do so, Coffey will provide a debriefing for unsuccessful suppliers after a contract has been formed for the supply of the Services, or Coffey has decided not to award a contract for the supply of the Services.

33. A contract for the supply of the Services may be formed in either of the following ways:(a) Alternative 1: A contract for the supply of the Goods/Services will be formed

when Coffey accepts the successful supplier's Quotation in writing by forwarding to the successful supplier a letter stating that the supplier's Quotation has been accepted.

(b) Alternative 2: A contract for the supply of the Services will be formed when Coffey and the successful supplier enter into a formal instrument of agreement.

(c) Coffey will determine which alternative is to apply after it has completed the evaluation of Quotations.


PART B – Scope of Works (Services)

SCOPE OF WORKS

For

PROJECT Manufacture, Shipping and Installation of Office Furniture/Joinery for Department of Education, Ministry of Education Youth and Sport in Funafuti, Tuvalu

SITE: Department of Education Offices, Level 2, Government Building, Funafuti, Tuvalu – See Annex for photographs

Scope of Works

The following is the scope of works for the project required to be completed by the Contractor:

PART A

1 Carry out a site visit to the Site in Funafuti Tuvalu for the purposes of Site due diligence including verifying all dimensions of all offices where furniture/joinery is to be installed, locations of existing electrical outlets, floor levels and the plumpness of existing walls.

2 Following the Site verification, prepare detailed shop drawings for the all items of office furniture/joinery to be manufactured, and:

a) present these to the Client and the Supervisor for commentsb) make revisions as needed according to comments provided by Client

and Supervisorc) prepare final shop drawings that must be approved in writing by the

Client prior to the ordering or any materials and start of manufacturing of any furniture/joinery

3 Manufacture a complete sample/model of the one item of the furniture/joinery for review and approval by the Coffey and the Supervisor before the Contractor may start the manufacture of all items of furniture/joinery for the Works.

4 Following approval of sample/model, manufacture all furniture/joinery for the Works according to:

a) J0 to J09 and E01b) Approved Shop Drawingsc) Specifications: SS001, SS002, SS010, SS011, SS018, SS022

5 Upon completion of manufacturing seek approval of furniture/joinery by Client and Supervisor and make good any defects or omissions prior to the proper protective packing to prevent damage and transport to port for shipping to Funafuti, Tuvalu

6 Transport to Port for shipping to Funafuti, Tuvalu

PART B – Optional*


6 Ship - Cost, Insurance, Freight (CIF)* - the furniture/joinery to the Site in Funafuti, Tuvalu ensuring that the goods are properly packed, protected and secured at the Contractor’s liability *Cost, Insurance, Freight (CIF)* from port of loading to Funafuti Port, Tuvalu

7 Install the furniture/joinery in the Department of Education offices on Level 2 of the Government Building in Funafuti, Tuvalu

8 Prepare a Technical Completion Report on the completion of the installation at the Site with sufficient photographic evidence to demonstrate proper and complete installation and seek Final Inspection approval from Coffey and the Supervisor.

*Part B is optional for Suppliers to quote upon, noting that preference may be given to Suppliers that quote on Part A and Part B with competitive prices.

Standards

To comply with Drawings, Shop Drawings, Specifications and all relevant Standards and Codes of Practice.

Date for Start of Works

On or before 1 December 2019

Date for Completion

By 15 March 2020

Contract

See Part C – Draft Conditions of Contract


PART C – DRAFT CONDITIONS OF CONTRACT

MINOR WORKS AGREEMENT FOR[#1 INSERT THE NAME OF CONSTRUCTION PROJECT]

BETWEEN COFFEY INTERNATIONAL DEVELOPMENT PTY LTD (ABN 63 007 889 081)

FOR INSERT THE NAME OF THE PROJECT(“Principal”)

AND #3 INSERT NAME OF BUILDER#4 INSERT ABN / ACN(“Contractor”)

TABLE OF CONTENTS1. INTENT........................................................................................22. DEFINITIONS.................................................................................23. INTERPRETATION..........................................................................34. CONTRACT ADMINISTRATION...........................................................45. GENERAL OBLIGATIONS OF THE CONTRACTOR....................................46. SUBCONTRACTING........................................................................47. VARIATIONS.................................................................................58. DISCREPANCIES............................................................................59. LEGISLATIVE REQUIREMENTS..........................................................510. THE SITE.....................................................................................511. CARE OF THE WORKS AND REINSTATEMENT OF DAMAGE.......................512. PUBLIC SAFETY............................................................................513. COMMENCEMENT AND COMPLETION..................................................614. DEFECTS LIABILITY........................................................................615. DELAY........................................................................................716. LATENT CONDITIONS......................................................................717. CONTRACT PRICE AND RETENTION....................................................718. PAYMENT....................................................................................819. INSURANCE..................................................................................820. LIABILITY.....................................................................................821. RESOLUTION OF DISPUTES..............................................................822. TERMINATION...............................................................................923. TERMINATION FOR CONVENIENCE...................................................1024. PUBLICITY..................................................................................1025. CONTRACT DISCLOSURE - GOVERNMENT POLICY...............................1026. NO ASSIGNMENT.........................................................................1027. RELATIONSHIP BETWEEN THE PARTIES............................................1028. PROPER LAW AND JURISDICTION OF COURTS....................................1129. COMPLIANCE WITH LAWS..............................................................1130. NOTICES....................................................................................1131. WAIVER.....................................................................................1132. MODIFICATION............................................................................1233. SEVERANCE...............................................................................1234. TIME OF THE ESSENCE..................................................................1235. SET OFF....................................................................................12

Minor Works Agreement – Version 2 – April 2018

36. LIQUIDATED DAMAGES.................................................................12


MINOR WORKS AGREEMENT

AGREEMENT dated #5 insert date

PARTIES

Coffey International Development Pty Ltd (ABN 63 007 889 081) of 33 Richmond Road Keswick SA 5035, Australia as the managing Service Provider of the [program] on behalf of the Australian Government’s Department of Foreign Affairs and Trade (DFAT).

(“Principal”)

AND

Insert Contractor’s name, ABN and address

(“Contractor”).

IT IS AGREED:

1. INTENT

This Agreement is for the Contractor to build the construction project (“the Work”) described in the Specification.

2. DEFINITIONS

In this Agreement unless a contrary intention is evident:

2.1 ““Business Day” means any day that is not a Saturday or Sunday or a public holiday;

2.2 “Contract Price” means the price specified in the Schedule;

2.3 “Contractor’s Activities” means all work and other things that the Contractor must do or provide in order to build the Work, including without limitation the provision of plant, equipment, temporary works;

2.4 “Contractor’s Representative” means the person named in the Schedule;

2.5 “Commencement Date” means the date specified in the Schedule;

2.6 “Completion” has the meaning attributed in clause 13;

2.7 “Defects Liability Period” has the meaning attributed in clause 14;

2.8 “DFAT” Australian Government’s Department of Foreign Affairs and Trade

2.9 “Document” means any embodiment of any text or image however recorded;

2.10 “GST” means the tax imposed under the Australian GST Law;

2.11 “GST Law” has the meaning attributed in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

2.12 “Insolvency Administration” means:

2.12.1 if the Contractor is a body corporate:

(a) an administrator is appointed to the Contractor;

(b) the Contractor resolves to be wound up;

Minor Works Agreement – Version 2 – April 2018 1

(c) a court order is made that the Contractor be wound up (for insolvency or otherwise);

(d) the Contractor ceases business;

(e) a receiver or manager is appointed to the Contractor;

(f) a liquidator or provisional liquidator of the Contractor is appointed;

(g) the Contractor enters into an arrangement with its creditors; and/or

(h) the Contractor is unable to pay its debts when they are due;

2.12.2 if the Contractor is a natural person:

(a) the Contractor has committed an act of bankruptcy as contemplated by the Bankruptcy Act 1966 (Cth);

(b) the Contractor is unable to pay his or her debts as and when they become due and payable;

(c) the court has made a sequestration order against the Contractor’s estate;

(d) a creditors’ petition has been presented against the Contractor;

(e) the Contractor has presented to the official receiver a declaration of intention to present a debtor’s petition;

(f) the Contractor becomes a bankrupt;

(g) a meeting of creditors of the Contractor is convened; or

(h) the Contractor lodges with his or her trustee a proposal to his or her creditors for a composition in satisfaction of his or her debts or a scheme of arrangement of his or her affairs;

2.12.3 if the Contractor is trading as a partnership, the occurrence of any of the events described in clause 2.12.2 in relation to any of the partners of the partnership;

2.13 “Principal’s Representative” means the person named in the Schedule;

2.14 “Site” means the site identified in the Schedule;

2.15 “Specification” means the document attached with that title;

2.16 “Taxable Supply” has the meaning attributed in the GST Law, and also means any component of a Taxable Supply that is treated as a separate supply under the GST Law; and

2.17 “Work” means the structure or project to be built or carried out on the Site described in the Specification.

3. INTERPRETATION

3.1 In this Agreement unless a contrary intention is evident:

3.1.1 the clause headings are for convenient reference only and they do not form part of this Agreement;

3.1.2 a reference to a clause number is a reference to all of its sub-clauses;

3.1.3 a reference to a clause, sub-clause, schedule or annexure is a reference to a clause, sub-clause, schedule or annexure of this Agreement;

3.1.4 a word in the singular includes the plural and a word in the plural includes the singular;

3.1.5 a word importing a gender includes any other gender;

3.1.6 a reference to a person includes a partnership and a body corporate;

3.1.7 a reference to legislation includes legislation repealing, replacing or amending that legislation;


3.1.8 a reference to dollars is a reference to Australian dollars; and

3.1.9 where a word or phrase is given a particular meaning other parts of speech or grammatical forms of that word or phrase have corresponding meanings.

3.2 If the Contractor consists of two or more persons, the Contractor’s rights and obligations under this Agreement bind them jointly and severally.

3.3 This Agreement between the parties comprises these standard terms and conditions and all the documents comprised in, and incorporated by reference to, the Annexures. If any of the documents comprising this Agreement are inconsistent, they shall take priority in the following order:

3.3.1 the Special Conditions (if any) (Annexure 1);

3.3.2 these standard terms and conditions (excluding the Schedule and Annexure 2);

3.3.3 the Schedule; and

3.3.4 the Specification (Annexure 2).

4. CONTRACT ADMINISTRATION

4.1 The Parties appoint the persons named in the Schedule as their respective Representatives. Each Representative has authority to:

4.1.1 exercise all of the powers and functions of his or her party under this Agreement other than the power to amend this Agreement;

4.1.2 bind his or her party in relation to any matter arising out of or in connection with this Agreement; and

4.1.3 if indicated in the Schedule, amend the Schedule and Annexures to this Agreement.

4.2 A notice served on a Representative is taken to be notice to that Representative’s party.

4.3 The Contractor must comply with all reasonable instructions given by the Principal’s Representative.

4.4 Either party may change its Representative, by giving written notice to the other.

5. GENERAL OBLIGATIONS OF THE CONTRACTOR

5.1 The Contractor must construct and complete the Work and the Contractor’s Activities in accordance with the Specification and within the time required by this Agreement.

5.2 The Contractor remains responsible for the Work and the Contractor’s Activities regardless of whether the Contractor has sub-contracted any part of the Work.

5.3 The Contractor must perform its obligations under this Agreement carefully, skilfully and competently, in a workmanlike manner.

5.4 The Contractor must use new materials unless otherwise specified.

5.5 The Contractor shall remain responsible for his tendered design and the design under this Clause, both of which shall be fit for the intended purposes defined in the Contract and he shall also remain responsible for any infringement of any patent or copyright in respect of the same. The Principal shall be responsible for the Specification and Drawings.

6. SUBCONTRACTING

6.1 The Contractor must not subcontract the performance of the Work or any part of the Work except with the prior written agreement of the Principal. No agreement to subcontract by the Principal will relieve the Contractor of any responsibility under this Agreement.


6.2 It is acknowledged that the Principal has approved the use of any sub-contractors listed as “Approved Sub-contractors” in the schedule, subject to any limitations indicated in the Schedule.

7. VARIATIONS

7.1 The Principal may vary the Work and the Contractor’s Activities by adding to, changing or deleting part of it by written instruction to the Contractor, provided that the variation does not fundamentally change the character or scope of the Work.

7.2 The Contract Price must be varied to take account of such a variation by the addition or deduction of an amount that represents the reasonable value of the variation having regard to the cost of materials and labour, administrative overheads and the profit margin nominated in the Schedule.

7.3 The value of a variation in accordance with this clause must be:

7.3.1 agreed between the parties, or,

7.3.2 if they cannot agree, determined by the Principal’s representative, or,

7.3.3 if the Contractor objects, determined by an agreed independent third party selected by the parties for that purpose.

8. DISCREPANCIES

8.1 The Contractor must notify the Principal promptly if any information or any document provided by the Principal is insufficient, inaccurate or unclear.

8.2 The Principal must promptly clarify or supply sufficient information for the Contractor to proceed with the Work.

9. LEGISLATIVE REQUIREMENTS

The Contractor must, at its cost, ensure that in carrying out the Contractor’s Activities, all legislative requirements including without limitation the Development Act 1993 (SA) are complied with. Or any specific InCountry Legislation

10. THE SITE

Within the time indicated in the Schedule the Principal must give the Contractor sufficient access to the Site to commence, and continue the Work.

11. CARE OF THE WORKS AND REINSTATEMENT OF DAMAGE

11.1 From the time the Contractor is given access to the Site until the Contractor vacates the Site following Completion, the Contractor is responsible for the care of the Site, the Work, and all equipment and materials on the Site.

11.2 The Contractor must at its cost rectify and reinstate any loss or damage to the Site, the Work, and equipment and materials on the Site, except to the extent such damage is caused by the Principal.

12. PUBLIC SAFETY

12.1 The Contractor must do everything reasonable to prevent damage to persons or property that may come onto, or adjacent to the Site.


12.2 The Contractor indemnifies the Principal against any claim in respect of injury or loss to a person or property arising from activity on or the condition of the Site or the Work.

13. COMMENCEMENT AND COMPLETION

13.1 The Contractor must commence the Work immediately upon being given possession of the Site.

13.2 The Contractor must ensure the Work is Complete by the Date for Completion in the Schedule. “Complete” means the Work is finished, with no omissions and no known defects.

13.3 When, in the Contractor’s view, the Work is Complete, the Contractor must give the Principal written notice of the fact (“Notice of Claimed Completion”).

13.4 The Principal may respond to a Notice of Claimed Completion by:

13.4.1 a notice setting out work that remains to be done in order to achieve Completion (a “Notice of outstanding work”); or

13.4.2 a notice acknowledging Completion (“Notice acknowledging Completion”).

13.5 The Principal may issue a Notice acknowledging Completion without having received a Notice of Claimed Completion.

13.6 For the purposes of determining any matter, date or period of time that depends on the date of Completion of the Work, the date is taken to be:

13.6.1 if the Contractor has issued a Notice of Claimed Completion and the Principal has not within 15 Business Days responded with a Notice of outstanding work, the date of the Notice of Claimed Completion;

13.6.2 if the Principal issues a notice acknowledging Completion without there having been any prior issue of a Notice of Claimed Completion, the date of the Notice acknowledging Completion;

13.6.3 if the Principal issues a Notice of outstanding work and the Contractor asserts that the Work is nevertheless Complete, the date when the Work is actually Complete according to any agreement eventually reached by the parties, or according to the finding of any third party by whom the parties agree to be bound in the matter of Completion, or according to the finding of a court of competent jurisdiction.

14. DEFECTS LIABILITY

14.1 The Contractor must rectify any defect that becomes apparent in the Work during the Defects Liability Period.

14.2 The Defects Liability Period is the period nominated in the Schedule commencing upon the date of Completion of the Work.

14.3 For the purposes of this clause, a “defect” means any failure of the Work to meet the Specification, or to be fit for its intended purpose, and “rectify” means to repair or replace the defective part of the Work so that it meets the Specification and is fit for its intended purpose.

14.4 The Principal must notify the Contractor of any defect that becomes apparent in the Work during the Defects Liability Period.

14.5 If the Contractor fails to rectify a defect in accordance with this clause, the Principal may (without being obliged to):

14.5.1 rectify the defect or engage another contractor to rectify the defect,

14.5.2 claim from the Contractor as a debt the cost of rectifying the defect,

14.5.3 claim from the Contractor as a debt an amount that reflects the diminution in value or usefulness of the Work as a result of the defect.

None of the above options are to be taken to be mutually exclusive.


15. DELAY

If the Contractor is unavoidably delayed in Completion of the Work by an event or circumstance outside the Contractor’s control, the Contractor is entitled to have the date for Completion varied to the extent of the unavoidable delay.

16. LATENT CONDITIONS

16.1 If the Contractor finds conditions on site (“Site Conditions”) that:

16.1.1 were not disclosed in any information available to the Contractor at time of tender,

16.1.2 were not and could not reasonably have been anticipated by the Contractor at tender, and

16.1.3 will make it necessary to do more work (“Site Conditions Work”) to complete the Works than would have been necessary had the Site Condition not existed;

the Contractor is entitled to be paid the cost of any Site Conditions Work actually undertaken, provided that the Contractor complies with the provisions of this clause.

16.2 Immediately on finding Site Conditions, the Contractor must:

16.2.1 take any action immediately required to protect the safety of persons and to avoid immediate damage to the Works,

16.2.2 not proceed with any Site Conditions Work; and

16.2.3 immediately notify the Principal of the Site Conditions, the nature of anticipated Site Conditions Work, and the extent of any action taken in accordance with this clause.

16.3 On receiving notice under this clause from the Contractor, the Principal must

16.3.1 issue a Variation that addresses the Site Condition, (which may include changing the design, or deleting part of the work, or authorising additional work); or

16.3.2 notify the Contractor that the Principal disputes that there is a Site Condition (whether on the basis that the conditions found were or could reasonably have been anticipated, or will not make additional work necessary) and instruct the Contractor whether the work notified by the Contractor as Site Conditions Work is required to be carried out.

16.4 If the existence of a Site Condition is disputed:

16.4.1 the Contractor must proceed with the Work, including any work instructed by the Principal under the preceding sub-clause, and excluding any work which the Principal instructs is not required to be carried out;

16.4.2 the parties must undertake the dispute resolution procedure under this Agreement in an endeavour to resolve the dispute; and

16.4.3 the Contractor remains entitled to payment for the costs of any work that is ultimately determined to be Site Conditions Work, either by agreement of the parties or by the determination of a court or the determination of any third party the parties may agree to appoint to make a final and binding determination on the matter.

17. CONTRACT PRICE AND RETENTION

17.1 The Contract Price payable for the Work is set out in the Schedule.

17.2 The Contract Price is inclusive of GST, and not subject to adjustment except as expressly provided in this Agreement.


17.3 The Contract Price is payable by the Principal in accordance with the terms set out in the Schedule, in a single lump sum payment or in instalments in accordance with the Schedule, subject to:

17.3.1 the Completion of the Work, or in respect of instalments, completion of the stage indicated for the relevant instalment;

17.3.2 the Principal’s right to retain retention moneys.

17.4 The Principal will deduct by way of retention money from any payment an amount equivalent to ten percent of the amount otherwise payable, subject to an aggregate limit of five percent of the Contract Price. The retention money is payable to the Contractor in full upon the expiry of Defects Liability Period and completion by the Contractor of all work including rectification of defects.

17.5 The parties acknowledge and agree that the Work constitutes a Taxable Supply.

18. PAYMENT

18.1 At the intervals specified in the Schedule (whether monthly intervals or upon completion of milestones in the work) the Contractor will issue a Payment Claim, setting out the amount or instalment of the contract price the Contractor claims is payable.

18.2 The Principal must, within 12 Business Days of receipt of a Payment Claim, deliver a Payment Schedule certifying the amount that the Principal considers is payable, and if that is different from the amount claimed by the Contractor, setting out the reasons for the difference.

Following delivery by the Principal of the Payment Schedule, the Contractor may issue a Tax Invoice for the amount certified by the Principal as payable.

18.3 If the Contractor disputes the amount certified as payable in the Payment Schedule, the Resolution of Disputes clause (clause 21) applies.

18.4 The Principal must make payment within 30 days on a valid tax invoice.

19. INSURANCE

19.1 The Contractor must effect and maintain the following policies of insurance covering the Contractor for commercially insurable risks of the nature usually covered by such a policy, for amounts not less than those stated in the Schedule:

19.1.1 Works insurance; and

19.1.2 Public Liability.

20. LIABILITY

20.1 The Contractor’s liability to the Principal under this Agreement is limited to the amount specified in the Schedule.

21. RESOLUTION OF DISPUTES

21.1 Except in a case of genuine urgency where a party seeks immediate interlocutory relief or an interim remedy, neither party may take legal proceedings in respect of any dispute in relation to this Agreement without first attempting resolution in accordance with this clause.

21.2 In the event of a dispute, a party may issue to the other party a written notice of dispute (“dispute notice”), describing the issue in dispute and requiring that the process in this clause be followed.

21.3 The parties’ representatives must attempt to resolve any dispute by negotiating in good faith, commencing not later than fourteen days after the dispute notice.


21.4 A party may nominate an additional or alternative representative for the purposes of negotiating a resolution of the dispute.

21.5 If the parties’ representatives cannot resolve the dispute within fourteen days of commencing negotiations, either party may require that the representatives meet to consider adopting any alternative dispute resolution process, which may include (without limitation) conciliation, mediation, binding or non binding expert determination, or arbitration.

21.6 The parties must consider in good faith, but are not bound to adopt any form of alternative dispute resolution.

21.7 Notwithstanding the existence of a dispute each party must continue to perform its obligations under this Agreement.

21.8 This clause survives any expiry or termination of this Agreement.

22. TERMINATION

22.1 The Principal may terminate this Agreement on seven (7) days notice to the Contractor if the Contractor enters into any form of Insolvency Administration.

22.2 If the Contractor:

22.2.1 merges with another company;

22.2.2 undergoes a change in the effective control of the Principalship of the Contractor; or

22.2.3 is the subject of a takeover by another company;

then:

22.2.4 the Contractor must notify the Principal within seven days of any of the above events taking place and give full details of the events; and

22.2.5 the Principal may terminate this Agreement on seven days notice to the Contractor.

22.3 The Principal may terminate this Agreement on seven days notice to the Contractor if the Contractor purports to assign any of its rights or obligations under this Agreement in breach of this Agreement.

22.4 The Principal may terminate this Agreement immediately by notice to the Contractor if:

22.4.1 the Contractor has failed, within the time specified in a default notice served on the Contractor, to remedy a breach of any of its obligations under this Agreement; or

22.4.2 the Principal has served on the Contractor default notices on more than two occasions in respect of the same breach of a provision of this Agreement irrespective of whether the Contractor has remedied the breaches.

22.5 Termination of this Agreement has the following effect:

22.5.1 The Principal is not liable to make any payment to the Contractor save as provided in this clause;

22.5.2 The Principal may complete the Works by itself or by another builder, and must keep an account of the expense of so doing;

22.5.3 Upon Completion of the Work and expiry of a period equivalent to the Defects Liability Period and rectification of all Defects, the Principal must calculate the cost of Completion and rectification;

22.5.4 If the cost of Completion and rectification exceeds the unpaid amount of the Contract Price, the Contractor must pay the Principal the difference; and

22.5.5 If the unpaid balance of the Contract Price exceeds the cost of Completion and rectification, the Principal must pay the difference to the Contractor.


23. TERMINATION FOR CONVENIENCE

23.1 If there is a policy or funding decision which impacts upon the Australia’s overseas development assistance budget and associated programs, DFAT has an unfettered discretion to, by notice to Coffey International Development, terminate or reduce the scope of the Head Contract.

23.2 Without limiting Coffey’s rights under this Contract, at law or in equity, Coffey’s rights under this Clause 23.2 include the discretion to terminate or reduce the scope of this Contract if DFAT determines that the continuation of this Contract, or the continuation of a program or initiative for the purposes of which this Contract was entered into, does not support the achievement of value for money by DFAT.

23.3 The parties acknowledge and agree that such a determination by DFAT may be made in the absence of a breach of this Contract by the Contractor and due to circumstances beyond the Contractor and Coffey’s control.

23.4 If Coffey terminates this Agreement under this Clause 23, Coffey will only be liable to the Contractor for the following loss or damage incurred as a direct consequence of termination of this Agreement to the extent that they can be reasonably substantiated and are unable to be avoided or mitigated:

a. fees and payments, as payable under Schedule 1 for Goods and/or Services provided before the effective date of termination (on a pro-rata basis, if applicable); and

b. excluding all other loss or damage, including the cost of redundancies, the costs of terminating any subcontracts, loss of profits and all other forms of expectation loss.

23.5 Coffey is not obliged to make any further payments to the Contractor (whether under this Agreement, at law or in equity) if Coffey exercises its rights in Clause 23.2 except as expressly provided under this Clause 23.

24. PUBLICITY

The Contractor must not make or permit to be made a public announcement or media release about any aspect of this Agreement unless the Principal first gives the Contractor its written consent.

25. CONTRACT DISCLOSURE - GOVERNMENT POLICY

The Principal may disclose this Contract and/or information in relation to this Contract in either printed or electronic form or either generally to the public or to a particular person as a result of a specific request. Nothing in this clause derogates from the Contractor’s obligations under any provision of this Contract or from the provisions of the Freedom of Information Act 1991 (SA).

26. NO ASSIGNMENT

The Contractor must not assign or encumber any of its rights and obligations under this Agreement.

27. RELATIONSHIP BETWEEN THE PARTIES

27.1 Nothing in this Agreement constitutes any relationship of employer and employee or partnership between the parties.

27.2 No party has any authority to bind the other party in any manner without the prior consent of the other party.

27.3 The Principal has no obligations to the Contractor’s Staff.


27.4 The Contractor must pay all remuneration claims and other entitlements payable to the Contractor’s Staff.

28. PROPER LAW AND JURISDICTION OF COURTS

28.1 The laws in force in South Australia, including law with respect to capacity to contract and manner of performance, apply to this Agreement.

28.2 The courts of South Australia have exclusive jurisdiction to determine any proceeding in relation to this Agreement.

28.3 Any proceeding brought in a Federal Court must be instituted in the Adelaide Registry of that Federal Court, and neither party may apply to transfer any proceedings to another registry of the Federal Court.

29. COMPLIANCE WITH LAWS

The Contractor must comply with the laws in force in South Australia and InCountry laws in the course of performing this Agreement.

30. NOTICES

30.1 A notice, consent, approval or other communication required to be in writing under this Agreement must in writing and signed by, or on behalf of, the sender addressed to the recipient and:

30.1.1 delivered to the recipient’s address; or

30.1.2 sent by pre-paid mail to the recipient’s address; or

30.1.3 transmitted by email/ facsimile to the recipient’s address.

30.2 A notice given to a person in accordance with this clause is treated as having been given and received:

30.2.1 on the day of delivery if delivered before 5.00 pm on a Business Day, otherwise on the next Business Day;

30.2.2 if sent by pre-paid mail, on the third Business Day after posting;

or

30.2.3 if transmitted by email/facsimile and a correct and complete transmission report is received on the day of transmission: on that day if the report states that transmission was completed before 5.00 pm on a Business Day, otherwise on the next Business Day, provided that:

30.2.4 if the recipient receives by email/ facsimile transmission a notice that is illegible, the recipient must notify the sender immediately and the sender must continue to retransmit the notice until the recipient confirms that it has received a legible notice. The rules in relation to transmission reports as stated above apply.

30.3 The address and email/facsimile number of a person are those set out below that person’s name in the relevant schedule.

30.4 A person may from time to time notify its change of address or email/facsimile number by written notice to the other party.

31. WAIVER

31.1 Any waiver of any provision of this Agreement is ineffective unless it is in writing and signed by the party waiving its rights.


31.2 A waiver by either party in respect of a breach of a provision of this Agreement by the other party is not a waiver in respect of any other breach of that or any other provision.

31.3 The failure of either party to enforce at any time any of the provisions of this Agreement must not be interpreted as a waiver of such provision.

32. MODIFICATION

Any modification of this Agreement must be in writing and signed by an authorised representative of each party.

33. SEVERANCE

If any provision or part of a provision of this Agreement is invalid or unenforceable in any relevant jurisdiction:

33.1 the provision must be read down for the purposes of the operation of that provision in that jurisdiction, if possible, so as to be valid and enforceable; or

33.2 if the provision cannot be read down, it must be severed if it is capable of being severed without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction and the parties must consult in good faith to determine whether any amendment or substituted provision is required.

34. TIME OF THE ESSENCE

Time is of the essence in respect of any time, date, or period specified either in this Agreement or in any notice served under this Agreement.

35. SET OFF

35.1 The Principal may set off any undisputed amounts due to it pursuant to this Agreement as a credit against any amounts payable by the Contractor pursuant to this Agreement.

35.2 The Contractor agrees that any amount paid by the Principal under this agreement can be taken to offset against any claims of underpayment at a later date.

36. LIQUIDATED DAMAGES

36.1 If Contract Information states that liquidated damages do not apply, the Principal may claim general damages if the Contractor fails to achieve Completion of the Works or any Milestone by its Contractual Completion Date.

36.2 If Contract Information states that liquidated damages apply and the Contractor fails to achieve Completion of the Works or any Milestone by a Contractual Completion Date to which liquidated damages apply, the Contractor will be liable to pay the Principal liquidated damages at the rate stated in the Contract, for every day after the Contractual Completion Date, up to and including the Actual Completion Date.

36.3 If, however, the Contract is terminated before the Contractor achieves Completion, any liquidated damages will apply only up to the date of termination of the Contract.

36.4 A failure by the Principal at any time to demand payment or to deduct, withhold or set-off the liquidated damages does not amount to a waiver of, or otherwise affect, the Principal’s rights and entitlements.

36.5 If any Contractual Completion Date is extended after the Contractor has paid or the Principal has deducted liquidated damages, the Principal must re-pay any excess liquidated damages to the Contractor, subject to any right of set-off.


36.6 The applicable rate of liquidated damages will be reduced where any part of the Works is being used or occupied prior to Completion. The reduced rate of liquidated damages will be in the same proportion to the original rate as the value of the remaining work is to the Contract Price (as adjusted to the time of occupation). The value of the remaining work will be assessed by the Principal, acting reasonably.

36.7 The Contractor acknowledges that the rates for liquidated damages in the Contract are a genuine pre-estimate of the Principal’s loss and agrees that it will not challenge any rate for liquidated damages as being in the nature of a penalty.


EXECUTED as an Agreement

SIGNED for and on behalf of Coffey International Development Pty Ltd

Signature

Name

Position

In the presence of

Witness ……………………..

SIGNED for and on behalf of ……………………………….

Signature

Name

Position

In the presence of

Witness ………………………………….


SCHEDULE

1. Principal: Coffey International Development Pty Ltd

Level 3, 33 Richmond Road

KESWICK SA 5035

Fiji Program Support Facility (the Facility)

2. Contractor:

3. Date for possession of Site handover: Date or indication of time

4. Site:

5. Date for Completion:

6. Defects Liability Period:

7. Contract Price and payment

Contract Price: amount $

Terms: 30 days by cheque or electronic transfer

Instalments:

8. Periodic claims: Approved Subcontractors:

9. Insurances

Works insurance:

Public Liability Insurance:

10. Liquidated Damages

Do liquidated damages apply to this Contract? (Yes/No)

» (“No” applies if not filled in).

Request for Quote – AM4230 – Furniture/Joinery for DoE Tuvalu Page 14 of 17

The rate per day for liquidated damages for the whole of the Works only applies where there are no rates specified for Milestones and is:

$ » (“Not applicable” applies if not filled in).

The rates per day for liquidated damages for Milestones* are:

Milestone 1: $ »Milestone 2: $ »Milestone 3: $ »(“Not applicable” applies if not filled in).

11. Representatives

Principal’s Representative:

Contractor’s Representative:

12. Business

Contractor’s Business License/Registration

Principal’s/Agency’s ABN: 63 007 889 081

13. Variations

Administrative Overheads:

Profit Margin:

14. Addresses for notice

Principal:

Contractor:


ANNEXURE 1

SPECIAL AMENDMENTS TO CONTRACT TERMS & CONDITIONS


ANNEXURE 2

SPECIFICATION (Scope of Works)


PART D - SUPPLIER’S RESPONSE FORM

(all sections of Part D to be completed in full and submitted by the Supplier by the closing time and date)

SUPPLIER DETAILS

I/We hereby offer to supply to Coffey the Goods/Services (specified in this RFQ for:

Manufacture, Shipping and Installation of Office Furniture/Joinery for Department of Education, Ministry of Education Youth and Sport in Funafuti, Tuvalu

in accordance with the Conditions of Quotation, the attached draft Conditions of Contract and the following Addenda (if any) issued by Coffey.

Addendum No. Date and Description

Trading Name <insert name>

Registered Name <insert name>

Business License/Registration <insert number>

<insert number>

Address of registered office <insert address>

Type of entity (e.g. company, trust, partnership, sole trader, other)

<insert entity>

Key Personnel (e.g. director, chief executive officer, principal of business etc.)

<insert names and positions>

Telephone <insert phone number>

Website <insert URL>


Contact Person <insert name>

Position <insert position>

Address <insert address>

Postal address(if different to above)

<insert address>

Email <insert email address>

Telephone <insert phone number>

PROCUREMENT DETAILSResponse Against Evaluation Criteria

A. Mandatory Criteria

Provide details/copies of

1 Company Profile


2 Business License

3 Company Registration

4 OHS Compliance Certificate

5 Tax Compliance Certificate

6 FNPF Compliance Certificate

7 Public Liability Insurance Certificate of Currency

8 Details of Workers Compensation Insurance

9 Description of relevant experience – i.e. similar projects completed during the past 5 years

10 Current company resource capabilities, e.g. employees, facilities, equipment

11List of key personnel to undertake the project including:

a) Project managerb) Site manager for installation Works in Tuvalu

12 Three (3) references from previous clients for similar projects

13 Audited Financial Accounts and Letter from Bank

14 Proposed Work Program – completed using template provided at


Weighted Criteria

1. Relevant experience and past performance

Using the format below, tenderers shall provide details of three projects that demonstrate their experience in completing works similar to the proposed Works

Supplier’s Experience

Relevant Experience – Project One

Project Title: Client Name:

Project Location: Project Dates:

[Start Date and Duration]

Contract Value: [Fiji dollar equivalent]

Tenderer’s Role:

[e.g. Main Contractor, Subcontractor, Joint Venture]

Project Description:

Client contact name and phone number1:

1


Weighted Criteria

2. Work Program

Supplier’s are to provide a proposed work program in a format with the following headings for each of item corresponding with the structure of the Pricing Schedule:

Item No Work Item Description Time Period

Part A Site Visit & Fabrication1 Preliminary & General2 Site inspection & site verification in Tuvalu3 Shop Drawings4 Model Fabrication5 Fabrication of Furniture/Joinery

5.1 Reception Counter5.2 Typical Office Workstation Type 15.3 Typical Office Workstation Type 25.4 Filing Unit Type 15.5 Typical Office Workstation Type 35.6 Printer Unit5.7 Filing Unit Type 25.8 Typical Office Workstation Type 45.9 Typical Office Workstation Type 5

5.10 Meeting Table6 ElectricalPart B Shipment & Installation - Tuvalu7 Shipment & Logistics to Tuvalu (including insurance)8 Installation of Furniture/Joinery9 Prepare Report & Handover


Weighted Criteria

3. Price

Supplier’s are to provide the quotations for Price of the Works for the three (3) options for board materials to be used to manufacture the furniture/joinery – the three board materials are:

Option 1 - Melteca Pre-Finished Board - HMR Grade

Option 2 - Melteca Pre-Finished Board - MDF Grade

Option 3 - Exterior Ply Board with 2 Pak Spray Paint Gloss Finish

Each the following Pricing Schedules for the three Options listed above are to be completed by Suppliers in the following formats:


Option 1For Melteca Pre-Finished Board - HMR Grade

PRICING SCHEDULE

Item # Item Description Cost (FJD)

Part A Site Visit & Fabrication 1 Preliminary & General $ - 2 Site inspection & site verification in Tuvalu $ - 3 Shop Drawings $ - 4 Model Fabrication $ - 5 Fabrication of Furniture/Joinery

5.1 Reception Counter $ - 5.2 Typical Office Workstation Type 1 $ - 5.3 Typical Office Workstation Type 2 $ - 5.4 Filing Unit Type 1 $ - 5.5 Typical Office Workstation Type 3 $ - 5.6 Printer Unit $ - 5.7 Filing Unit Type 2 $ - 5.8 Typical Office Workstation Type 4 $ - 5.9 Typical Office Workstation Type 5 $ -

5.10 Meeting Table $ - 6 Electrical $ - 7 Transport to Port for shipping to Funafuti, Tuvalu $ - Part B Shipment & Installation – Tuvalu (optional)

8 Shipment (Cost, Insurance, Freight CIF) to Port of Funafuti, Tuvalu $ -

9 Transport & Logistics from Funafuti Port to Site 10 Installation of Furniture/Joinery at Site $ - 11 Prepare Technical Completion Report & Handover $ - 12 Miscellaneous costs $ -

TOTAL PRICE - exclusive of VAT/GST/Applicable Tax. $ -


Option 2For Melteca Pre-Finished Board - MDF Grade

PRICING SCHEDULE









Option 3


For Exterior Ply Board with 2 Pak Spray Paint Gloss Finish

PRICING SCHEDULE









Insurance

Provide details of each insurance policy relevant to Coffey’s Requirement.

Compliance with Proposed Contract

Does Your Quote comply with all terms of the proposed Contract?

Yes

No

If Your Quote does not comply with some or all of the terms of the contract You must provide reasons for the partial compliance or non-compliance for each clause below.

Contract Clause No. Explanation/comment

References

Please provide up to three references that may be contacted in relation to Your Quote.

Name Contact Details

I/We declare that:


(a) the Conditions of Quotation are agreed; (b) the Conditions of Contract are agreed; and(c) the information and particulars provided as part of this offer are accurate and correct.

Dated: …………………………………

Supplier Witness

Signature:

Signature:

*Print name

and office

held:

*Print name

and office

held:

*Use BLOCK LETTERS.


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