C 19 096 RFP Document QLDC Economic and Social Impact Assessments.pdf

C-19-096
Economic and Social
Impact Assessments

Request for Proposal

Queenstown Lakes District Council
Contract No. (C-19-096)
RFP Released: 09/09/2019
Deadline for Questions: 17:00, 20/09/2019
Deadline for Proposals: 17:00, 04/10/2019

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This opportunity in a nutshell
What we need
As majority stakeholder the Council is keen to understand and ensure that decisions regarding the future of
both Queenstown and Wānaka Airports are objectively informed and represent all perspectives on the
issue. Queenstown Airport Corporation has agreed to pause on its future development plans while further
work is undertaken to understand the societal and economic effects to inform how these airports can help
achieve desirable community outcomes. To inform these we are seeking independent economic and social
impact assessments supported by comprehensive stakeholder engagement.
What we don’t want
We do not want theoretical Proposals about abstract or speculative approaches to undertaking the
required assessments.
What’s important to us
The Council is looking for credible providers who have the capability, experience and skills to deliver the
economic and social impact assessments and stakeholder engagement that will inform decision-making on
future infrastructure developments that have a high level of community interest. They need to have a good
track record in the delivery of related programmes and demonstrated successful projects within the New
Zealand Local Government sector.
Why should you bid?
This is a unique opportunity to help shape future development of infrastructure to service a rapidly
growing district and wider region in Aotearoa New Zealand’s South Island, and to provide a comprehensive
insight into the wider communities’ related concerns and aspiration.
A bit about us

Queenstown Lakes District Council (QLDC) is a territorial authority in Te Wai Pounamu South Island of
Aotearoa New Zealand, with a resident population of approximately 39,500 which is projected to increase
to 74,400 by 2048. It is also a premier tourist destination making a significant contribution to the national
economy, and tourism is the biggest employer in the district.

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SECTION 1: Key information
1.1  Context
a.  This Request for Proposal (RFP) is an invitation to suitably qualified suppliers to
submit a Proposal for the Economic and Social Impact Assessments contract

opportunity.
b.  This RFP is a single-step procurement process.
c.  Words and phrases that have a special meaning are shown by the use of capitals
e.g. Respondent, which means ‘a person, organisation, business or other entity that
submits a Proposal in response to the RFP. The term Respondent includes its
officers, employees, contractors, consultants, agents and representatives. The term
Respondent differs from a supplier, which is any other business in the market place
that does not submit a Proposal.’. Definitions are at the end of Section 6.
1.2  Our timeline
a.  Here is our timeline for this RFP.

Steps in RFP process:
Date:
Deadline for Questions from suppliers:

20/09/19
Deadline for the Buyer to answer suppliers’ questions:
27/09/19
Deadline for Proposals:
17:00 04/10/19
Unsuccessful Respondents notified of award of Contract:  11/10/19
Respondents’ debriefs:                                                                 TBC
Anticipated Contract start date:

11/11/19
b.  All dates and times are dates and times in New Zealand.
1.3  How to contact us
a.  All enquiries must be directed to our Point of Contact. We will manage all external

communications through this Point of Contact.
b. Our Point of Contact
  Name: Naell Crosby-Roe
  Title/role: Governance, Engagement & Communications Manager
  Email address: Contact via GETS: https://www.gets.govt.nz/ExternalIndex.htm
1.4  Developing and submitting your Proposal
a.  This is an open competitive tender process. The RFP sets out the step-by-step
process and conditions that apply.

b. Take time to read and understand the RFP. In particular:
i.  develop a strong understanding of our Requirements detailed in Section 2.
ii.  in structuring your Proposal consider how it will be evaluated. Section 3
describes our Evaluation Approach.
c.  For resources on tendering visit www.procurement.govt.nz/suppliers.
d. If anything is unclear or you have a question, ask us to explain. Please do so before
the Deadline for Questions. Email us via the GETS portal:
https://www.gets.govt.nz/ExternalIndex.htm
e.  In submitting your Proposal, you must use the Response Form provided. This is a
Microsoft Word document that you can download.
f.  You must also complete and sign the declaration at the end of the Response Form.
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g.  Check you have provided all information requested, and in the format and order
asked for.
h. Having done the work don’t be late – please ensure you get your Proposal to us
before the Deadline for Proposals.
1.5  Address for submitting your Proposal
a.  Proposals must be submitted electronically via the GETS portal:
https://www.gets.govt.nz/ExternalIndex.htm

b. Proposals sent by post or fax, or hard copy delivered to our office, will not be
accepted.
1.6  Our RFP Process, Terms and Conditions
a.  Offer Validity Period: In submitting a Proposal the Respondent agrees that their
offer will remain open for acceptance by the Buyer for three calendar months from

the Deadline for Proposals.
b. The RFP is subject to the RFP Process, Terms and Conditions (shortened to RFP-
Terms) described in Section 6. We have not made any variation to the RFP-Terms.
1.7  Later changes to the RFP or RFP process
a.  If, after publishing the RFP, we need to change anything about the RFP, or RFP
process, or want to provide suppliers with additional information we will let all

suppliers know by placing a notice on the Government Electronic Tenders Service
(GETS) at www.gets.govt.nz
b. If you downloaded the RFP from GETS you will automatically be sent notifications of
any changes through GETS by email.
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SECTION 2: Our Requirements

2.1 Background
Queenstown Lakes District Council (QLDC) is a territorial authority in Te Wai Pounamu South Island of
Aotearoa New Zealand, with a resident population of approximately 39,500 which is projected to
increase to 74,400 by 2048. It is also a premier tourist destination making a significant contribution to
the national economy, and tourism is the biggest employer in the district. The Council has previously
commissioned Martin Jenkins Ltd to provide the report Sustaining Tourism Growth in Queenstown,
which has outlined the economic significance of Queenstown Lakes to the regional and national
tourism economy. In recent years, the district has undergone significant and sustained growth in both
resident population and in international and domestic visitor numbers. On a peak day in 2018, the
visitor numbers totalled 79,300 which is projected to reach 126,370 on a peak day on 2048.

This overall growth challenge has put strain on Council-provided infrastructure including roads, three
waters and social infrastructure such as parks, sports facilities and venues. Council also needs to
maintain levels of service with activities such as solid waste and recycling. These pressures have led to
the development of the 2018-2028 Ten Year Plan with nearly $1billion of investment over the decade,
and the subsequent referendum on a proposed visitor levy to ease the financial burden on the small
ratepayer base.

The Council is about to begin early engagement on a district-wide Spatial Plan that will define how
growth happens and where. This includes options for intensification, expansion or continuing in the
current mode, as well as understanding the relationship between population growth and associated
infrastructure and services such as public transport. The Council is compelled by Central Government
to undertake this planning exercise as a high-growth council and under its National Policy Statement
on Urban Development.

For some in the district, growth is impacting in a positive way (for example economic growth, business
opportunity, professional development, improved services, more diverse retail offerings, employment
options) and for others it brings challenges (such as increased living costs, traffic congestion, housing
affordability and quality of life challenges).

Queenstown Airport is both a regional gateway and the country’s third largest international gateway,
and provides a direct entry point for international visitors into Aotearoa New Zealand. In August 2018
the QAC initiated an informal consultation regarding the expansion of air noise boundaries at
Queenstown Airport. Later in the year they also began engaging with the community in the Upper
Clutha regarding the development of the airport at Wānaka with a view to reintroducing commercial
flights. These proposals have sparked dialogue in both communities. As the majority shareholder, the
Council is keen to understand and ensure that decisions regarding the future of either airport are
objectively informed and represent all perspectives on the issue. QAC has agreed to pause on its
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development plans while further work is undertaken to understand the societal and economic effects
to inform how these airports can help achieve desirable community outcomes.

2.2 What we require: Scope of Work
The Council is seeking guidance on how best to undertake Economic and Social impact assessments of
Queenstown and Wānaka Airports to the local, regional and national economies. The things that may
be considered might include (but are not limited to):
a.  How much of a role do the airports have on the impact of growth in the district and how would
this be affected if the airports were to grow or be constrained;
b.  What are the financial impacts should the airports grow or be constrained?
c.  What are the tourism considerations locally, regionally and nationally?
d.  What are the implications for the local and wider economy? This might include the current
contribution the airports make to local, regional and national GDP; local, regional and national
employment, business and economic development opportunities; residential and commercial
property markets, and different work models such as remote workers;
e.  Are there any overseas studies that could bring value to the assessment?
What are the implications of growing or constraining the airports, and how travel capacity demand is
met by air or road? How would infrastructure investment be effected, including roading and public
transport?
Consider the impact of airport operations on the communities of Queenstown and Wānaka.
Consider the Social impact of Queenstown and Wānaka Airports to the district’s communities,
including consideration of (but not limited to):
a.  The social consequences, with particular regard to wellbeing, quality of life and social licence;
b.  The environmental impacts (including consideration of climate change, reputation and social
consequences as outlined);
Any other externalities that should be considered.
2.3 What we require: Stakeholder Engagement
Council has committed to wide-reaching engagement with the district’s communities and key
stakeholders to ensure that subsequent decision-making is undertaken on a well-informed basis. This
includes a comprehensive understanding of the risks, costs, opportunities and benefits of both further
developing or constraining operational expansion for the airports. Therefore, we would like to ensure
that engagement is able to capture a wide range of community views and opinions. The Council is
open to a partnership approach which can offer a platform and forums for independently designed
material. Council is also open to providing resources to facilitate independent engagement with key
stakeholders. This is designed to offer both efficiency and local communication and engagement
expertise and knowledge to assist proposers. The requirement is that all research, analysis, interviews,
discussions, data etc will retain a robust independent integrity.
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2.4 Responses
Responses should include:
a.  A clearly demonstrated understanding of the scope of work and details of your approach to
respond to this, including:
a.  Proposed methodology for completing the assessment(s)
b.  Proposed resourcing to complete the work, including identifying expert resource and
support staff, and respective project responsibilities
c.  Proposed project deliverables, such as reports, presentations, source data.
d.  Responses must include your approach for engaging with the community and stakeholders
to ensure that a representative voice reflects the district’s demographic, and that
interested parties have sufficient opportunities be both informed and provide their
perspective. Please also specify what, if any, support you require from the Council in
completing the community and stakeholder engagement.
b.  Responses may be for either:
a.  Delivery of the Economic Impact Assessment only
b.  Delivery of the Social Impact Assessment only
c.  Delivery of both the Economic Impact Assessment and the Social Impact Assessment
(Preferred option for consistency of approach and comprehensiveness of output reports.
Note that collaboration is entirely acceptable)
c.  Details of the information required to undertake the assessment(s)
d.  Alternative proposals and suggestions are welcome where explicitly referenced.
e.  An overview of your business
f.  Key contacts and their professional profiles
g.  Two relevant detailed case studies that showcase your company’s abilities with a similar
organisation
h.  Contact information for a minimum of two relevant references
i.  Details of your organisation’s framework for identifying, mitigating and managing risk, inter-client
confidentiality and conflict of interest
a.  Include a declaration of any circumstances that may represent an actual, potential or
perceived Conflict of Interest between your interests and duties and responsibilities in
delivering the service. If unable to confirm that there is no conflict, provide an explanation.
j.  Copies of your organisation’s policies or practice statements that you deem relevant to the
proposed project, such as ethical practice, sustainability, data security.
k.  Confirmation of capacity and resources to achieve required project timeline
l.  Any other considerations or feedback on the Request for Proposal are welcome.

2.5 Other information – Airport Scenarios
Current situation
a.  Queenstown Airport Corporation is a Council-Controlled Trading Organisation owned by
Queenstown Lakes District Council (75.01%) and Auckland International Airport Ltd (24.99%). It
is responsible for operating Queenstown and Wānaka Airports (the latter under a 100-year
lease from QLDC) and provides management of the Glenorchy Aerodrome.
b.  Queenstown Airport is one of Australasia’s fastest growing airports and ranked fourth busiest
in Aotearoa New Zealand. It hosts more than 2.3M passenger movements annually. It is located
in Frankton on the outskirts of Queenstown with more than 700 people working across approx.
60 tenanted businesses.
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c.  Wānaka Airport currently does not provide scheduled air services, and hosts primarily tourism-
related activities such as flightseeing or skydiving, and pilot training. There are 11 businesses
on site with approx. 300 employees.
QAC Proposals
d.  QAC proposed the expansion of air noise boundaries at Queenstown Airport to accommodate a
maximum of 5.1M passenger movements (of a forecast 7.1M demand) by 2045. Subsequent to
informal feedback on this proposal QAC has indicated this proposal will be revisited.
e.  QAC proposed to develop Wānaka Airport to return scheduled air services from 2025,
indicating this would be domestic services within Aotearoa New Zealand.
Alternative Scenarios
f.  Development of a new greenfield airport (out of district) and the associated closure of
Queenstown Airport and no development at Wānaka Airport.
g.  Distribution to alternative existing airports, i.e. Christchurch, Dunedin and Invercargill, with
little or no growth at Queenstown or Wānaka Airports.
h.  No growth at Queenstown Airport and development of commercial flights at Wānaka Airport.
2.6 Other tender documents
In addition to this RFP we refer to the following documents. These have been uploaded on GETS and
are available for all interested suppliers. These documents form part of this RFP.
a.  Queenstown lakes District Council 2018-2028 Ten Year Plan
b.  Sustaining Tourism Growth in Queenstown (Martin Jenkins Ltd, 2018)
c.  Queenstown Airport Corporation 2019-2021 Statement of Intent
d.  Queenstown Airport Proposed Noise Changes – consultation document August 2018

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SECTION 3: Our Evaluation Approach
3.1 Evaluation model
The evaluation model that will be used is [choose: simple score (all criteria are of equal importance) /
weighted attribute (weighted criteria)]. Price is a weighted criterion. This means that all Proposals that
are capable of full delivery on time will be shortlisted. The Proposal that scores the highest will likely
be selected as the Successful Respondent.
3.2 Evaluation criteria
Proposals will be evaluated on their merits according to the following evaluation criteria and
weightings.

Criterion
Weighting
1.  Capability and experience
30%
Skills and expertise (organisational and of identified personnel), recent relevant
experience and track record, knowledge of industry and experience within the
New Zealand local government sector.
2.  Proposed methodology and approach
30%
Meeting RFP objectives, deliverability, robustness, fit for purpose, value for money
considering combined costs of Consultant and QLDC.
3.  Price
20%
Allocation of costs to expert and support staff, ability to service Queenstown Lakes
District at a reasonable cost.
4.  Capacity
10%
Location of resources, staff continuity, flexibility to fit with project timeline,
contingency plans if resources unavailable.
5.  Value add
10%
Proven ability to innovate, provide insight drawing on global best practice and
provide appropriate practical advice and recommendations.
Total weightings
100%
3.3 Scoring
The following scoring scale will be used in evaluating Proposals. Scores by individual panel
members may be modified through a moderation process across the whole evaluation panel.
Rating
Definition
Score
EXCELLENT
Exceeds the criterion. Exceptional demonstration by the
significantly
Respondent of the relevant ability, understanding, experience,
exceeds the
skills, resource and quality measures required to meet the
9-10
criterion
criterion. Proposal identifies factors that will offer potential
added value, with supporting evidence.
GOOD
Satisfies the criterion with minor additional benefits. Above
exceeds the
average demonstration by the Respondent of the relevant
7-8
criterion in some
ability, understanding, experience, skills, resource and quality
aspects
measures required to meet the criterion. Proposal identifies
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factors that will offer potential added value, with supporting
evidence.
ACCEPTABLE
Satisfies the criterion. Demonstration by the Respondent of
meets the
the relevant ability, understanding, experience, skills, resource,
criterion in full,
and quality measures required to meet the criterion, with
5-6
but at a minimal
supporting evidence.
level
MINOR
Satisfies the criterion with minor reservations. Some minor
RESERVATIONS
reservations of the Respondent’s relevant ability,
marginally
understanding, experience, skills, resource and quality
3-4
deficient
measures required to meet the criterion, with little or no
supporting evidence.
SERIOUS
Satisfies the criterion with major reservations. Considerable
RESERVATIONS
reservations of the respondent’s relevant ability,
significant issues
understanding, experience, skills, resource and quality
1-2
that need to be
measures required to meet the criterion, with little or no
addressed
supporting evidence.
UNACCEPTABLE
Does not meet the criterion. Does not comply and/or
significant issues
insufficient information provided to demonstrate that the
not capable of
Respondent  has the ability, understanding, experience, skills,
0
being resolved
resource and quality measures required to meet the criterion,
with little or no supporting evidence.
3.4 Price
We wish to obtain the best value-for-money over the whole-of-life of the Contract. This means
achieving the right combination of fit for purpose, quality, on time delivery, and price.
If a Respondent offers a price that is substantially lower than other Proposals (an abnormally low bid),
the Buyer may seek to verify with the Respondent that the Respondent is capable of fully delivering all
of the Requirements and meeting all of the conditions of the Proposed Contract for the price quoted.
3.5 Optional evaluation process and due diligence
In addition to the above, we may undertake the following process and due diligence in relation to
shortlisted Respondents. The findings will be taken into account in the evaluation process. Should we
decide to undertake any of these we will give shortlisted Respondents reasonable notice. Respondents
acknowledge that Queenstown Lakes District Council is authorised to undertake due diligence on all
Respondents. The due diligence may include but is not limited to:
a.  Verifying with any third party any information included in a Response or disclosed to
Queenstown Lakes District Council in connection with a Response;
b.  Contacting any referees of the Response or other parties not named as referees that
Queenstown Lakes District Council is aware the Respondent has undertaken projects for;
c.  Assessment of any Respondents’ ability to deliver the services for the price proposed;
d.  Reviewing work or samples for similar projects;
e.  Clarifications, interview, and/or presentations;
f.  Making any enquiries it considers necessary with regard to validity of the proposal, financial
and legal standing of Respondents, including any current of perceived litigation.

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SECTION 4: Pricing information

5.1 Pricing information to be provided by respondents
Pricing should specify whether it relates to delivery of either one or both assessments (if both,
specify whether it is per assessment or in total), and must include:
a.  The number of hours and fixed costs for your firm to deliver the outcome. It must clearly state the
total Contract price exclusive of GST.
b.  Fees and expenses, stating whether these are included in the fixed costs or separate
c.  Respondents are to document in their Proposal all assumptions and qualifications made about the
delivery of the Requirements, including in the financial pricing information. Any assumption that
the Buyer or a third party will incur any cost related to the delivery of the Requirements is to be
stated, and the cost estimated if possible.
d.  Prices should be tendered in NZ$. Unless otherwise agreed, the Buyer will arrange contractual
payments in NZ$.
e.  Where two or more Respondents intend to lodge a joint or consortium Proposal the pricing
schedule is to include all costs, fees, expenses and charges chargeable by all Respondents.

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SECTION 5: Our Proposed Contract

5.1 Proposed Contract
It’s QLDC’s intention to use the NZ Government’s GMC Form 2 Services contract.
In submitting your Proposal you must let us know if you wish to question and/or negotiate any of the
terms or conditions in the Proposed Contract, or wish to negotiate new terms and/or conditions. The
Response Form contains a section for you to state your position. If you do not state your position you
will be deemed to have accepted the terms and conditions in the Proposed Contract in full.

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SECTION 6: RFP Process, Terms and
Conditions

Note to suppliers and Respondents
  In managing this procurement, the Buyer will endeavour to act fairly and reasonably in all of its dealings
with interested suppliers and Respondents, and to follow due process which is open and transparent.
  This section contains the government’s standard RFP Process, Terms and Conditions (shortened to RFP-
Terms) which apply to this procurement. Any variation to the RFP-Terms will be recorded in Section 1,
paragraph 1.6. Check to see if any changes have been made for this RFP.
  Words and phrases that have a special meaning are shown by the use of capitals e.g. Respondent,
which means ‘a person, organisation, business or other entity that submits a Proposal in response to the
RFP. The term Respondent includes its officers, employees, contractors, consultants, agents and
representatives. The term Respondent differs from a supplier, which is any other business in the market
place that does not submit a Proposal.’ Definitions are at the end of this section.
  If you have any questions about the RFP-Terms please email our Point of Contact.
Standard RFP process

Preparing and submitting a proposal
6.1  Preparing a Proposal
a.  Respondents are to use the Response Form provided and include all information

requested by the Buyer in relation to the RFP.

b.  By submitting a Proposal, the Respondent accepts that it is bound by the RFP Process,
Terms and Conditions (RFP-Terms) contained in Section 6 (as varied by Section1,

paragraph 1.6, if applicable).

c.  Each Respondent will:

i.  examine the RFP and any documents referenced in the RFP and any other information

provided by the Buyer

ii.  consider all risks, contingencies and other circumstances relating to the delivery of the

Requirements and include adequate provision in its Proposal to manage such risks and

contingencies

iii.  document in its Proposal all assumptions and qualifications made about the delivery of

the Requirements, including any assumption that the Buyer or a third party will deliver

any aspect of the Requirements or incur any cost related to the delivery of the

Requirements

iv.  ensure that pricing information is quoted in NZ$ exclusive of GST

v.  if appropriate, obtain independent advice before submitting a Proposal

vi.  satisfy itself as to the correctness and sufficiency of its Proposal, including the

proposed pricing and the sustainability of the pricing.

d.  There is no expectation or obligation for Respondents to submit Proposals in response to

the RFP solely to remain on any prequalified or registered supplier list. Any Respondent on

such a list will not be penalised for failure to submit a Proposal.

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6.2  Offer Validity Period

a.  Proposals are to remain valid and open for acceptance by the Buyer for the Offer Validity

Period.

6.3  Respondents’ Deadline for Questions
a.  Each Respondent should satisfy itself as to the interpretation of the RFP. If there is any

perceived ambiguity or uncertainty in the RFP document/s Respondents should seek
clarification before the Deadline for Questions.

b.  All requests for clarification must be made by email to the Buyer’s Point of Contact. The
Buyer will endeavour to respond to requests in a timely manner, but not later than the

deadline for the Buyer to answer Respondents’ questions in Section 1, paragraph 1.2.a, if
applicable.
c.  If the Buyer considers a request to be of sufficient importance to all Respondents, it may

provide details of the question and answer to other Respondents. In doing so the Buyer
may summarise the Respondent’s question and will not disclose the Respondent’s
identity. The question and answer may be posted on GETS and/or emailed to participating

Respondents. A Respondent may withdraw a request at any time.

d.  In submitting a request for clarification a Respondent is to indicate, in its request, any

information that is commercially sensitive. The Buyer will not publish such commercially

sensitive information. However, the Buyer may modify a request to eliminate such

commercially sensitive information, and publish this and the answer where the Buyer

considers it of general significance to all Respondents. In this case, however, the

Respondent will be given an opportunity to withdraw the request or remove the

commercially sensitive information.

6.4  Submitting a Proposal
a.  Each Respondent is responsible for ensuring that its Proposal is received by the Buyer at
the correct address on or before the Deadline for Proposals. The Buyer will acknowledge

receipt of each Proposal.

b.  The Buyer intends to rely on the Respondent’s Proposal and all information provided by
the Respondent (e.g. correspondence and negotiations). In submitting a Proposal and

communicating with the Buyer each Respondent should check that all information it

provides to the Buyer is:
i.  true, accurate and complete, and not misleading in any material respect

ii.  does not contain Intellectual Property that will breach a third party’s rights.

c.  Where the Buyer requires the Proposal to be delivered in hard and soft copies, the

Respondent is responsible for ensuring that both the hard and soft copies are identical.

d.  Where the Buyer stipulates a two envelope RFP process the following applies:

i.  each Respondent must ensure that all financial information and pricing components of

its Proposal are provided separately from the remainder of its Proposal

ii.  financial information and pricing must be contained either in a separate sealed

envelope or as a separate soft copy file (whichever option has be requested by the

Buyer)

iii.  the pricing information must be clearly marked ‘Financial and Pricing Information.’ This

is to ensure that the pricing information cannot be viewed when the package

containing the other elements of the Proposal is opened.

Assessing Proposals
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6.5  Evaluation panel
a.  The Buyer will convene an evaluation panel comprising members chosen for their relevant
expertise and experience. In addition, the Buyer may invite independent advisors to

evaluate any Proposal, or any aspect of any Proposal.

6.6  Third party information

a.  Each Respondent authorises the Buyer to collect additional information, except

commercially sensitive pricing information, from any relevant third party (such as a
referee or a previous or existing client) and to use that information as part of its

evaluation of the Respondent’s Proposal.

b.  Each Respondent is to ensure that all referees listed in support of its Proposal agree to

provide a reference.

c.  To facilitate discussions between the Buyer and third parties each Respondent waives any

confidentiality obligations that would otherwise apply to information held by a third party,

with the exception of commercially sensitive pricing information.

6.7  Buyer’s clarification

a.  The Buyer may, at any time, request from any Respondent clarification of its Proposal as
well as additional information about any aspect of its Proposal. The Buyer is not required
to request the same clarification or information from each Respondent.

b.  The Respondent must provide the clarification or additional information in the format

requested. Respondents will endeavour to respond to requests in a timely manner. The

Buyer may take such clarification or additional information into account in evaluating the

Proposal.

c.  Where a Respondent fails to respond adequately or within a reasonable time to a request

for clarification or additional information, the Buyer may cease evaluating the

Respondent’s Proposal and may eliminate the Proposal from the RFP process.

6.8  Evaluation and shortlisting

a.  The Buyer will base its initial evaluation on the Proposals submitted in response to the
RFP. The Buyer may adjust its evaluation of a Proposal following consideration of any
clarification or additional information as described in paragraphs 6.6 and 6.7.

b.  In deciding which Respondent/s to shortlist the Buyer will take into account the results of

the evaluations of each Proposal and the following additional information:
i.  each Respondent’s understanding of the Requirements, capability to fully deliver the

Requirements and willingness to meet the terms and conditions of the Proposed

Contract
ii.  except where the price is the only criterion, the best value-for-money over the whole-

of-life of the goods or services.

c.  In deciding which Respondent/s, to shortlist the Buyer may take into account any of the

following additional information:

i.  the results from reference checks, site visits, product testing and any other due

diligence

ii.  the ease of contracting with a Respondent based on that Respondent’s feedback on the

Proposed Contract (where these do not form part of the weighted criteria)

iii. any matter that materially impacts on the Buyer’s trust and confidence in the

Respondent

iv. any other relevant information that the Buyer may have in its possession.

d.  The Buyer will advise Respondents if they have been shortlisted or not. Being shortlisted

does not constitute acceptance by the Buyer of the Respondent’s Proposal, or imply or

create any obligation on the Buyer to enter into negotiations with, or award a Contract for

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delivery of the Requirements to any shortlisted Respondent/s. At this stage in the RFP

process the Buyer will not make public the names of the shortlisted Respondents.

6.9  Negotiations

a.  The Buyer may invite a Respondent to enter into negotiations with a view to contract.

Where the outcome is unsatisfactory the Buyer may discontinue negotiations with a
Respondent and may then initiate negotiations with another Respondent.
b.  The Buyer may initiate concurrent negotiations with more than one Respondent. In
concurrent negotiations the Buyer will treat each Respondent fairly, and:

i.  prepare a negotiation plan for each negotiation

ii.  advise each Respondent, that it wishes to negotiate with, that concurrent negotiations

will be carried out

iii. hold separate negotiation meetings with each Respondent.
c.  Each Respondent agrees that any legally binding contract entered into between the

Successful Respondent and the Buyer will be essentially in the form set out in Section 5,

the Proposed Contract.

6.10 Respondent’s debrief

a.  At any time after shortlisting Respondents the Buyer will offer all Respondents who have

not been shortlisted a debrief. Each Respondent will have 30 Business Days, from the date
of offer, to request a debrief. When a Respondent requests a debrief, the Buyer will
provide the debrief within 30 Business Days of the date of the request, or of the date the
Contract is signed, whichever is later.

b.  The debrief may be provided by letter, email, phone or at a meeting. The debrief will:

i.  provide the reasons why the Proposal was or was not successful

ii.  explain how the Proposal performed against the pre-conditions (if applicable) and the
evaluation criteria

iii.  indicate the Proposal’s relative strengths and weaknesses

iv.  explain, in general terms, the relative advantage/s of the successful Proposal

v.  seek to address any concerns or questions from the Respondent
vi.  seek feedback from the Respondent on the RFP and the RFP process.

6.11 Notification of outcome

a.  At any point after conclusion of negotiations, but no later than 30 Business Days after the

date the Contract is signed, the Buyer will inform all unsuccessful Respondents of the
name of the Successful Respondent, if any. The Buyer may make public the name of the
Successful Respondent and any unsuccessful Respondent. Where applicable, the Buyer will
publish a Contract Award Notice on GETS.

6.12 Issues and complaints

a.  A Respondent may, in good faith, raise with the Buyer any issue or complaint about the

RFP, or the RFP process at any time.
b.  The Buyer will consider and respond promptly and impartially to the Respondent’s issue or
complaint.
c.  Both the Buyer and Respondent agree to act in good faith and use their best endeavours

to resolve any issue or complaint that may arise in relation to the RFP.

d.  The fact that a Respondent has raised an issue or complaint is not to be used by the Buyer

to unfairly prejudice the Respondent’s ongoing participation in the RFP process or future

contract opportunities.

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Standard RFP conditions

6.13 Buyer’s Point of Contact
a.  All enquiries regarding the RFP must be directed by email to the Buyer’s Point of Contact.

Respondents must not directly or indirectly approach any representative of the Buyer, or

any other person, to solicit information concerning any aspect of the RFP.

b.  Only the Point of Contact, and any authorised person of the Buyer, are authorised to
communicate with Respondents regarding any aspect of the RFP. The Buyer will not be
bound by any statement made by any other person.

c.  The Buyer may change the Point of Contact at any time. The Buyer will notify Respondents
of any such change. This notification may be posted on GETS or sent by email.

d.  Where a Respondent has an existing contract with the Buyer then business as usual

communications, for the purpose of managing delivery of that contract, will continue using
the usual contacts. Respondents must not use business as usual contacts to lobby the Buyer,

solicit information or discuss aspects of the RFP.

6.14 Conflict of Interest

a.  Each Respondent must complete the Conflict of Interest declaration in the Response Form
and must immediately inform the Buyer should a Conflict of Interest arise during the RFP

process. A material Conflict of Interest may result in the Respondent being disqualified

from participating further in the RFP.

6.15 Ethics
a.  Respondents must not attempt to influence or provide any form of personal inducement,

reward or benefit to any representative of the Buyer in relation to the RFP.

b.  A Respondent who attempts to do anything prohibited by paragraphs 6.13.a. and d. and
6.15.a. may be disqualified from participating further in the RFP process.

c.  The Buyer reserves the right to require additional declarations, or other evidence from a

Respondent, or any other person, throughout the RFP process to ensure probity of the RFP
process.

6.16 Anti-collusion and bid rigging

a.  Respondents must not engage in collusive, deceptive or improper conduct in the

preparation of their Proposals or other submissions or in any discussions or negotiations
with the Buyer. Such behaviour will result in the Respondent being disqualified from

participating further in the RFP process. In submitting a Proposal, the Respondent

warrants that its Proposal has not been prepared in collusion with a Competitor.
b.  The Buyer reserves the right, at its discretion, to report suspected collusive or anti-

competitive conduct by Respondents to the appropriate authority and to give that

authority all relevant information including a Respondent’s Proposal.

6.17 Confidential Information
a.  The Buyer and Respondent will each take reasonable steps to protect Confidential

Information and, subject to paragraph 6.17.c. and without limiting any confidentiality

undertaking agreed between them, will not disclose Confidential Information to a third
party without the other’s prior written consent.

b.  The Buyer and Respondent may each disclose Confidential Information to any person who

is directly involved in the RFP process on its behalf, such as officers, employees,
consultants, contractors, professional advisors, evaluation panel members, partners,

principals or directors, but only for the purpose of participating in the RFP.

c.  Respondents acknowledge that the Buyer’s obligations under paragraph 6.17.a. are
subject to requirements imposed by the Official Information Act 1982 (OIA), the Privacy
Page 18 of 23

Act 1993, parliamentary and constitutional convention and any other obligations imposed

by law. The Buyer will not be in breach of its obligations if Confidential Information is

disclosed by the Buyer to the appropriate authority because of suspected collusive or anti-
competitive tendering behaviour. Where the Buyer receives an OIA request that relates to

a Respondent’s Confidential Information the Buyer will consult with the Respondent and

may ask the Respondent to explain why the information is considered by the Respondent
to be confidential or commercially sensitive.

6.18 Confidentiality of RFP information
a.  For the duration of the RFP, to the date of the announcement of the Successful
Respondent, or the end of the RFP process, the Respondent agrees to keep the RFP strictly

confidential and not make any public statement to any third party in relation to any aspect
of the RFP, the RFP process or the award of any Contract without the Buyer’s prior written

consent.

b.  A Respondent may disclose RFP information to any person described in paragraph 6.17.b.
but only for the purpose of participating in the RFP. The Respondent must take reasonable

steps to ensure that such recipients do not disclose Confidential Information to any other

person or use Confidential Information for any purpose other than responding to the RFP.
6.19 Costs of participating in the RFP process

a.  Each Respondent will meet its own costs associated with the preparation and presentation

of its Proposal and any negotiations.

6.20 Ownership of documents

a.  The RFP and its contents remain the property of the Buyer. All Intellectual Property rights
in the RFP remain the property of the Buyer or its licensors. The Buyer may request the

immediate return or destruction of any or all RFP documents and any copies. Respondents

must comply with any such request in a timely manner.
b.  All documents forming the Proposal will, when delivered to the Buyer, become the

property of the Buyer. Proposals will not be returned to Respondents at the end of the

RFP process.
c.  Ownership of Intellectual Property rights in the Proposal remain the property of the

Respondent or its licensors. However, the Respondent grants to the Buyer a non-exclusive,

non-transferable, perpetual licence to retain, use, copy and disclose information
contained in the Proposal for any purpose related to the RFP process.

6.21 No binding legal relations

a.  Neither the RFP, nor the RFP process, creates a process contract or any legal relationship

between the Buyer and any Respondent, except in respect of:
i.  the Respondent’s declaration in its Proposal

ii.  the Offer Validity Period

iii.  the Respondent’s statements, representations and/or warranties in its Proposal and in

its correspondence and negotiations with the Buyer
iv.  the Evaluation Approach to be used by the Buyer to assess Proposals as set out in

Section 3 and in the RFP-Terms (as varied by Section 1, paragraph 1.6, if applicable)

v.  the standard RFP conditions set out in paragraphs 6.13 to 6.26

vi.  any other matters expressly described as binding obligations in Section 1, paragraph
1.6.

b.  Each exception in paragraph 6.21.a. is subject only to the Buyer’s reserved rights in

paragraph 6.23.

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c.  Except for the legal obligations set out in paragraph 6.21.a. no legal relationship is formed

between the Buyer and any Respondent unless and until a Contract is entered into

between those parties.

6.22 Elimination
a.  The Buyer may exclude a Respondent from participating in the RFP if the Buyer has

evidence of any of the following, and is considered by the Buyer to be material to the RFP:

i.
the Respondent has failed to provide all information requested, or in the correct
format, or materially breached a term or condition of the RFP

ii.  the Proposal contains a material error, omission or inaccuracy
iii.  the Respondent is in bankruptcy, receivership or liquidation
iv.  the Respondent has made a false declaration

v.  there is a serious performance issue in a historic or current contract delivered by the

Respondent

vi.  the Respondent has been convicted of a serious crime or offence
vii.  there is professional misconduct or an act or omission on the part of the Respondent

which adversely reflects on the integrity of the Respondent

viii.  the Respondent has failed to pay taxes, duties or other levies

ix.  the Respondent represents a threat to national security or the confidentiality of
sensitive government information

x.  the Respondent is a person or organisation designated as a terrorist by New Zealand

Police.

6.23 Buyer’s additional rights
a.  Despite any other provision in the RFP the Buyer may, on giving due notice to

Respondents:

i.
amend, suspend, cancel and/or re-issue the RFP, or any part of the RFP

ii.  make any material change to the RFP (including any change to the timeline,
Requirements or Evaluation Approach) on the condition that Respondents are given a

reasonable time within which to respond to the change.

b.  Despite any other provision in the RFP the Buyer may:
i.
accept a late Proposal if it is the Buyer’s fault that it is received late

ii.  in exceptional circumstances, accept a late Proposal where it considers that there is

no material prejudice to other Respondents. The Buyer will not accept a late Proposal
if it considers that there is risk of collusion on the part of a Respondent, or the

Respondent may have knowledge of the content of any other Proposal

iii.  in exceptional circumstances, answer a question submitted after the Deadline for
Questions, if applicable

iv.  accept or reject any Proposal, or part of a Proposal

v.  accept or reject any non-compliant, non-conforming or alternative Proposal

vi.  decide not to accept the lowest priced conforming Proposal unless this is stated as
the Evaluation Approach

vii.  decide not to enter into a Contract with any Respondent

viii.  liaise or negotiate with any Respondent without disclosing this to, or doing the same

with, any other Respondent
ix.  provide or withhold from any Respondent information in relation to any question

arising in relation to the RFP. Information will usually only be withheld if it is deemed

Page 20 of 23

unnecessary, is commercially sensitive to a Respondent, is inappropriate to supply at

the time of the request or cannot be released for legal reasons

x.  amend the Proposed Contract at any time, including during negotiations with a

shortlisted Respondent
xi.  waive irregularities or requirements in or during the RFP process where it considers it

appropriate and reasonable to do so.

c.  The Buyer may request that a Respondent/s agrees to the Buyer:
i.
selecting any individual element/s of the Requirements that is offered in a Proposal

and capable of being delivered separately, unless the Proposal specifically states that

the Proposal, or elements of the Proposal, are to be taken collectively
ii.  selecting two or more Respondents to deliver the Requirements as a joint venture or
consortium.
  6.24  New Zealand law
a.  The laws of New Zealand shall govern the RFP and each Respondent agrees to submit to

the exclusive jurisdiction of the New Zealand courts in respect of any dispute concerning

the RFP or the RFP process.

6.25 Disclaimer
a.  The Buyer will not be liable in contract, tort, equity, or in any other way whatsoever for

any direct or indirect damage, loss or cost incurred by any Respondent or any other

person in respect of the RFP process.
b.  Nothing contained or implied in the RFP, or RFP process, or any other communication by

the Buyer to any Respondent shall be construed as legal, financial or other advice. The

Buyer has endeavoured to ensure the integrity of such information. However, it has not
been independently verified and may not be updated.

c.  To the extent that liability cannot be excluded, the maximum aggregate liability of the
Buyer, its agents and advisors is $1.
6.26 Precedence
a.  Any conflict or inconsistency in the RFP shall be resolved by giving precedence in the
following descending order:
i.  Section 1, paragraph 1.6
ii.  Section 6 (RFP-Terms)
iii. all other Sections of this RFP document
iv. any additional information or document provided by the Buyer to Respondents
through the Buyer’s Point of Contact or GETS.
b.  If there is any conflict or inconsistency between information or documents having the
same level of precedence the later information or document will prevail.

Definitions
In relation to the RFP the following words and expressions have the meanings described below.
Advance Notice
A notice published by the buyer on GETS in advance of publishing the RFP. An
Advance Notice alerts the market to a contract opportunity. Where used, an Advance
Notice forms part of the RFP.
Business Day
Any week day in New Zealand, excluding Saturdays, Sundays, New Zealand (national)
public holidays and all days from Boxing Day up to and including the day after New
Year’s Day.
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Buyer
The Buyer is the government agency that has issued the RFP with the intent of
purchasing the goods or services described in the Requirements. The term Buyer
includes its officers, employees, contractors, consultants, agents and representatives.
Competitors
Any other business that is in competition with a Respondent either in relation to the
goods or services sought under the RFP or in general.
Confidential
Information that:
Information
a.  is by its nature confidential
b.  is marked by either the Buyer or a Respondent as ‘confidential’, ‘commercially
sensitive’, ‘sensitive’, ‘in confidence’, ‘top secret’, ‘secret’, classified’ and/or
‘restricted’
c.  is provided by the Buyer, a Respondent, or a third party in confidence
d.  the Buyer or a Respondent knows, or ought to know, is confidential.
Confidential information does not cover information that is in the public domain
through no fault of either the Buyer or a Respondent.
Conflict of Interest
A Conflict of Interest arises if a Respondent’s personal or business interests or
obligations do, could, or be perceived to, conflict with its obligations to the Buyer
under the RFP or in the provision of the goods or services. It means that the
Respondent’s independence, objectivity or impartiality can be called into question. A
Conflict of Interest may be:
a.  actual: where the conflict currently exists
b.  potential: where the conflict is about to happen or could happen, or
c.  perceived: where other people may reasonably think that a person is
compromised.
Contract
The written Contract/s entered into by the Buyer and Successful Respondent/s for the
delivery of the Requirements.
Contract Award
Government Rules of Sourcing, Rule 45 requires a Buyer to publish a Contract Award
Notice
Notice on GETS when it has awarded a contract that is subject to the Rules.
Deadline for
The deadline that Proposals are to be delivered or submitted to the Buyer as stated in
Proposals
Section 1, paragraph 1.2.
Deadline for
The deadline for suppliers to submit questions to the Buyer as stated in Section 1,
Questions
paragraph 1.2, if applicable.
Evaluation Approach  The approach used by the Buyer to evaluate Proposals as described in Section 3 and in
Section 6 (as varied by Section 1, paragraph 1.6, if applicable).
GETS
Government Electronic Tenders Service available at www.gets.govt.nz
GST
The goods and services tax payable in accordance with the New Zealand Goods and
Services Tax Act 1985.
Intellectual Property   All intellectual property rights and interests, including copyright, trademarks, designs,
patents and other proprietary rights, recognised or protected by law.
Offer Validity Period  The period of time when a Proposal (offer) is held open by the Respondent for
acceptance by the Buyer as stated in Section 1, paragraph 1.6.
Point of Contact
The Buyer and each Respondent are required to appoint a Point of Contact. This is the
channel to be used for all communications during the RFP process. The Buyer’s Point
of Contact is identified in Section 1, paragraph 1.3. The Respondent’s Point of Contact
is identified in its Proposal.
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Price
The total amount, including all costs, fees, expenses and charges, to be charged by the
Successful Respondent for the full delivery of the Requirements. Each Respondent’s
Proposal must include its Price.
Proposal
The response a Respondent submits in reply to the RFP. It comprises the Response
Form, the Respondent’s bid, financial and pricing information and all other
information submitted by a Respondent.
Proposed Contract
The Contract terms and conditions proposed by the Buyer for the delivery of the
Requirements as described in Section 5.
RFP
Means the Request for Proposal.
Registration of
A formal request by a Buyer asking potential suppliers to register their interest in a
Interest
procurement. It is the first step in a multi-step tender process.
Request for
The RFP comprises the Advance Notice (where used), the Registration of Interest
Proposal (RFP)
(where used), this RFP document (including the RFP-Terms) and any other schedule,
appendix or document attached to this RFP, and any subsequent information
provided by the Buyer to Respondents through the Buyer’s Point of Contact or GETS.
RFP-Terms
Means the Request for Proposal - Process, Terms and Conditions as described in
Section 6.
RFP Process, Terms
The government’s standard process, terms and conditions that apply to RFPs as
and Conditions
described in Section 6. These may be varied at the time of the release of the RFP by
(shortened to RFP-
the Buyer in Section 1, paragraph 1.6. These may be varied subsequent to the release
Terms)
of the RFP by the Buyer on giving notice to Respondents.
Requirements
The goods and/or services described in Section 2 which the Buyer intends to
purchase.
Respondent
A person, organisation, business or other entity that submits a Proposal in response to
the RFP. The term Respondent includes its officers, employees, contractors,
consultants, agents and representatives. The term Respondent differs from a supplier,
which is any other business in the market place that does not submit a Proposal.
Response Form
The form and declaration prescribed by the Buyer and used by a Respondent to
respond to the RFP, duly completed and submitted by a Respondent as part of the
Proposal.
Successful
Following the evaluation of Proposals and successful negotiations, the Respondent/s
Respondent
who is awarded a Contract/s to deliver all or part of the Requirements.

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