Release UV RFP Part 1 Instructions and Conditions of Proposal.pdf

1982

Act
Utility Vehicles
Information
(Light & Medium)
Official

the
REQUEST
under
FOR PROPOSAL
PART ONE: INSTRUCTIONS AND CONDITIONS OF
PROPOSAL
Released
RFP: 1-439-4

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1.
RFP PROCESS
1.1
This Request for Proposal (RFP)
1.1.1
This RFP is an invitation to Respondents to submit a Proposal to the Crown for supply of Utility
Vehicles - Medium (UV-M) and Utility Vehicles - Light (UV-L) (together UV-M/L) and associated
spares, contract data, services, training and other items (the Utility Vehicles sub-Project)
contract opportunity. The Utility Vehicles sub-Project forms part of the Crown’s Protected Mobility
Capability Project (PMCP) and is described further in paragraph 3.1 of this Part One and in Part
Two (Statement of Requirements).
1.1.2
This RFP is an invitation and not an offer capable of acceptance by a Respondent. The RFP
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process will be governed by the Conditions of Proposal set out in section 5 of this Part One.
However, no binding contract (except as provided for in paragraph 5.22.1 of this Part One) will
arise in relation to any part of the acquisition element of the Utility Vehicles sub-Project unless
and until an Acquisition Contract is agreed in writing and signed by the Crown and a successful
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Respondent.  No binding contract in relation to the Through Life Support element arises unless
and until a TLS Contract is agreed in writing and signed between a successful Respondent and
the NZDF (or its nominated maintenance organisation).
1.1.3
This RFP is made up of three parts, being:
(a)
Part One: Instructions and Conditions of Proposal. This Part One includes:
(i)
the key information relevant to the RFP process, including our requirements and the
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evaluation process;
(ii)
instructions for Proposal preparation and submission;
(iii)
the Conditions of Proposal;
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(iv)
the Glossary of defined terms used in this RFP; and
(v)
the Proposal Deliverables set out in Schedules 1 to 8, which outline what each
the
Proposal must contain;
(b)
Part Two: Statement of Requirements.  Part Two includes:
(i)
Enclosure 1:  Crown requirements for Utility Vehicles (Statement of Requirement);
under
(ii)
Enclosure 2:  Through Life Support (TLS) requirements (the Draft Statement of Work
for the TLS);
(iii)
Enclosure 3:  CDRL and DIDs;
(iv)
Enclosure 4:  Command, Control, Communications, Computing and Intelligence (C4I)
Integration information;
Released (v)  Enclosure 5:  NZDF EDSPEC 0001C specification for Roll Over Protection Structure
(ROPS); and
(vi)
Enclosure 6:  RFI Responses and Local Industry information.
(c)
Part Three: draft Contracts, including:
(i)
the draft Acquisition Contract, including a number of draft or completed Annexes; and
(ii)
the draft TLS Contract.
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link to page 57 link to page 60 link to page 65 link to page 67 link to page 62 link to page 44 The Compliance Matrices required to be completed in accordance with paragraphs 1 and 8 of
Schedule 3 (Commercial) and paragraphs 1 and 6 of Schedule 7 (Technical requirements), and
the Pricing Proformas required to be completed in accordance with paragraph 1 of Schedule 5
(Price information), also all form part of this RFP, and are either issued as part of the initial RFP
package or will be issued shortly after release of the initial RFP package and, on release, will form
part of the RFP package as a whole.
1.1.4
Capitalised terms used in this RFP have the meanings defined in the Glossary set out in section 6
of this Part One. Where a capitalised term is not defined in the Glossary it has the meaning given
to that term in the draft Acquisition Contract (at Part Three of this RFP), unless the context
indicates otherwise.
1.2
Steps in RFP process
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1.2.1
The Crown currently envisages that the RFP process will include the following steps, although
reserves the right to alter the process as it sees fit:
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(a)
the issue of this RFP;
(b)
Respondents reply to this RFP by submitting a Proposal by the Proposal Closing Time;
(c)
the Crown evaluates the Proposals;
(d)
the Crown undertakes risk reduction and/or due diligence activities with respect to all or any
of the Proposals received;
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(e)
the Crown may shortlist the leading Respondents, and may undertake further risk reduction
and/or further due diligence activities with respect to those shortlisted;
(f)
the Crown may enter into contract negotiations with the Respondent(s) who submitted the
Proposal(s) that the Crown evaluates to be the highest ranked Proposals (the Preferred
Respondent(s)). The Crown may elect to enter contract negotiations with only one, or more
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than one, Preferred Respondent;
(g)
if agreement is reached on the form of an acquisition contract with a Preferred Respondent,
the
the Crown intends to enter into an acquisition contract with that Respondent, which will be a
fixed firm price contract under which that Respondent will perform and deliver all or part of
the Utility Vehicles sub-Project; and
(h)
the NZDF may seek to negotiate and enter into a TLS Contract with a Preferred
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Respondent at the same time as the Crown negotiates and enters into an Acquisition
Contract with that Preferred Respondent, with a view to the associated TLS Contract being
entered into at the same time as the relevant Acquisition Contract.  However, the
counterparty to the TLS Contract may be different from the Preferred Respondent, if the
NZDF so agrees, and the NZDF may contract the Through Life Support through a
maintenance organisation rather than contracting directly with the Preferred Respondent’s
Through Life Support entity.
1.2.2
The Crown may, after the Proposal Closing Time but before contract award, require all or any
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Respondents to deliver a presentation to the Crown on that Respondent’s Proposal, at time(s)
and location(s) to be specified by the Crown. Where such presentations are required, the Crown
will provide the relevant Respondent(s) with reasonable notice.
1.3
Indicative timeline
1.3.1
It is anticipated that the delivery phase for the Utility Vehicles sub-Project will occur in 2024 -
2025.
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link to page 5 link to page 5 link to page 5 1.3.2
The indicative timeline for the RFP process and the delivery of the Utility Vehicles sub-Project is
as follows:
Step or milestone
Indicative timeline
RFP released through GETS
3 November 2022
Blackout period 1 for Respondent questions to
RFP release until 20 November 2022
the Crown
Industry briefing
28 – 29 November 2022
Blackout period 2 for Respondent questions to
167 December 2022 until 6 8 January
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the Crown
2023
Deadline for Respondent questions to the Crown
17 February15 March12 May 2023
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Last date for Crown answers to Respondent
24 February March 26 May 2023
questions (as appropriate)
RFP closes (the Proposal Closing Time)
10 March13 April 8 June 2023
1.3.3
All dates and times above are the dates and times then-applicable in Wellington, New Zealand.
These dates and times are based on information and circumstances known to the Crown at the
date of this RFP. The Crown reserves the right to amend the above dates and times as it sees fit.
Information
1.3.4
The Crown acknowledges that the Proposal preparation period will include the traditional New
Zealand and Australia Christmas holiday period, when many Australasian companies have a
shutdown period.  As a result, the Crown has extended the Proposal Closing Time by a few
weeks from the Crown’s originally intended RFP period to allow potential Australasian
Respondents sufficient time to prepare a strong Proposal while still permitting staff to take holiday
leave.
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1.4
Contacting the Crown
the
1.4.1
Respondents must direct all questions regarding this RFP to the Contact Officer by email and in
clear, understandable English.  The Crown may change the Contact Officer at any time, and will
notify all Respondents or prospective Respondents of any such change by issuing a notice on
GETS or notifying Respondents or known prospective Respondents directly by email.
under
1.4.2
The contact details for the Contact Officer for this RFP are as follows:
Teresa Sharp
Protected Mobility Capability Project
Ministry of Defence
[email address]
1.4.3
All email enquiries must clearly and concisely set out what matters require clarification or what
further information is sought. Each email must refer to the description, “Utility Vehicles RFP”, in
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the subject line. Enquiries that are not made in accordance with this paragraph 1.4, or are not
received by the Contact Officer before the Deadline for Respondent questions to the Crown set
out in the table in paragraph 1.3.2 may not receive a response.  Respondents should also note
the blackout periods set out in the table in paragraph 1.3.2. Respondents may submit questions
during these periods, but the Crown will not respond to those questions until after the end of the
relevant blackout period.
1.5
Security
1.5.1
The existence of this RFP and information in this RFP is UNCLASSIFIED.
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1.5.2
To the extent permitted by law and otherwise except as stated in this RFP, all documents made
available by the Crown (other than where provided to the open market through GETS) shall be
treated as either Commercial in Confidence or such other classification as stated on the
documentation (if higher).
1.5.3
Where the Utility Vehicles sub-Project involves the Contractor having access to any classified
material (e.g., information, equipment, etc.), the Crown’s requirements for the protection and
handling of that classified material are summarised in the New Zealand Defence Force brochure
“Defence Industry Security Guide”,
https://www.defence.govt.nz/assets/Uploads/982385d858/Defence-Industry-Security-Guide.pdf.
The Successful Respondent, and any applicable subcontractors of that Respondent, will be
required to meet and maintain compliance with Defence’s security requirements in relation to any
classified material involved in the Utility Vehicles sub-Project (if there is any).
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Information
Official
the
under
Released
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2.
PROPOSAL PREPARATION AND SUBMISSION
2.1
Proposal preparation
2.1.1
Each Proposal must include all information required by this RFP, including, without limitation,
all Proposal Deliverables as required by this RFP (including Schedules 1 to 8 of this Part One).
Each Proposal must comply with the terms and conditions of this RFP. When preparing its
Proposal, each Respondent should consider the Evaluation Criteria as set out in section 4 of
this Part One.
2.1.2
Where particular paragraphs in this RFP require further information to be provided by the
Respondent, that information should be clearly identified in the Proposal, including by 1982
incorporating a cross-reference to the relevant paragraph(s) of this RFP.
2.1.3
Each Respondent is also encouraged to provide supporting documentation where relevant to
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enhance its Proposal.  Where such supporting documentation is provided, the body of the
Proposal should include a cross-reference to the supporting documentation so that it is clear to
the Crown which aspect of the Proposal the documentation is intended to support, including if
necessary the applicable clause or page number within the supporting documentation.
2.1.4
Each Respondent must submit a compliant Proposal that complies with or exceeds all Pre-
conditions and the Mandatory criteria in Part Two (Statement of Requirements).  Where a
Respondent’s offered solution does not meet a non-mandatory criterion set out in Part Two, it
is requested to submit a Respondent Costed Option that provides to the Crown a costed
option to bring the Respondent’s solution up to compliance with that criterion.  The
Respondent may include as many or as few Respondent Costed Options as it wishes.
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However, the Respondent is required to provide a specific response for each Crown Costed
Option in order to submit a compliant Proposal.
2.1.5
If the Respondent considers that any part of the Statement of Requirements is obsolete or
could be met by utilising new or alternative developments, technology, procedures or other
cost effective means not identified by the Crown in this RFP, the Crown encourages the
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Respondent to consider submitting additional Respondent Costed Options for the Crown to
consider.
the
2.1.6
Any Respondent Costed Option will need to include technical details, drawings and
specifications of the alternative offered as appropriate and:
(a)
the alternative offered should meet the overall aim of the Utility Vehicles sub-Project,
and in particular, maximise the use of non-development items;
under
(b)
the technical, functional and performance differences between the alternative and the
Crown’s requirement should be clearly detailed and all benefits accruing to the Crown
from the alternative should be identified; and
(c)
the whole of life cost differences between the Crown’s requirement and the alternative
offered should be identified.
2.2
Language and measurement
Released
2.2.1
Each Proposal, including all attachments and supporting documentation, must be written in
clear, understandable English.  Information that is not stated clearly and legibly may be
excluded from consideration, at the Crown’s sole discretion.
2.2.2
All measurements must be expressed in metric legal units of measurement applicable in New
Zealand unless otherwise specified in this RFP.
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link to page 8 2.2.3
All dates and times are dates and times in Wellington, New Zealand.  References to time in
this RFP are either to New Zealand Daylight Time (NZDT) or New Zealand Standard Time
(NZST), whichever prevails in New Zealand at the relevant time.
2.3
Respondent syndicates or consortia
2.3.1
The Crown acknowledges that Respondents may wish to form a Proposal
syndicate/consortium. However, without limiting the Crown’s rights, in each case (noting that it
is possible that the Crown will decide to purchase some vehicle types from one Contractor and
some vehicle types from other Contractors) the Crown intends to enter into a Contract with a
single legal entity that will be the contractor responsible for the performance of that Contract.
The Proposal syndicate/consortium must include in its Proposal a description of the single
entity that will be the Contractor under each Contract, if that syndicate/consortium is  1982
successful.  The Contractor for the TLS Contract may be a different party from the Contractor
for the Acquisition Contract, if there is good reason for this and the NZDF agrees.
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2.3.2
The Crown reserves the right to require, at its sole discretion, one or more members of the
syndicate/consortium (if that syndicate/consortium is successful) to provide the Crown with
financial and performance securities.
2.3.3
If a Respondent submits a syndicate/consortium Proposal, the consortium Proposal must:
(a)
where the RFP asks for information about the Respondent, include such information for
each member of the syndicate/consortium, as well as the party who will be the prime
contractor under the Acquisition Contract and the party that is proposed to be the prime
contractor for the TLS Contract, if that syndicate/consortium is successful;
Information
(b)
describe in detail the relationship between each member of the syndicate/consortium
and the structure proposed for management of the syndicate/consortium;
(c)
provide in the Proposal that each member of the syndicate/consortium is jointly and
severally liable for the performance of all members of the syndicate/consortium under
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any resultant contracts or that one member of the syndicate/consortium is fully liable for
the performance of all members of the syndicate/consortium; and
the
(d)
provide the Crown with such further information as it requests in order to undertake a
risk assessment of the proposed syndicate/consortium Proposal.
2.3.4
A syndicate/consortium Proposal submitted other than in accordance with this paragraph 2.3
may be rejected by the Crown, at the Crown's sole discretion.
under
2.4
Agents
2.4.1
The Crown will not consider Proposals from agents unless the agent is authorised to submit
the Proposal as agent of the named principal. Proposals submitted by agents must include:
(a)
written evidence from the principal that the agent is the authorised agent of the principal,
and that the agent is authorised to submit the Proposal on the principal’s behalf; and
Released
(b)
advice from the principal on whether the Crown must deal through the agent or whether
the Crown may deal directly with the principal in relation to the RFP process.
2.4.2
Failure to provide this information may invalidate the Proposal.
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2.5
Crown Contractors
2.5.1
Lockheed Martin Global, Inc., operating through its local branch, Lockheed Martin New
Zealand (LMNZ), is the NZ Army’s strategic logistics partner, providing Through Life Support
services on base at Trentham Military Camp and other venues across New Zealand. LMNZ
provides engineering, warehousing, maintenance and logistics support. Some Original
Equipment Manufacturer (OEM) providers of major equipment have embedded Logistics
Support Managers (LSM) and Field Service Representatives (FSR) providing in-depth logistics
support to major vehicle fleets. LMNZ’s likely involvement on the NZDF’s behalf in the
Through Life Support of the Utility Vehicles is described in more detail in Enclosure 2 to Part
Two of this RFP.
2.5.2
L3 Harris Communications Australia Pty Ltd (L3 Harris) is contracted by the Crown for the
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provision of tactical radios and related goods and services. Under that contract, L3 Harris
provides the Crown with engineering design and testing services for the integration of tactical
networks into NZ Army platforms and the Through Life Support of those tactical
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communication networks.  L3 Harris will be involved in the supply of equipment to be provided
as Government Furnished Equipment (e.g., radios) and will also provide services to survey the
vehicles and assist with the design of Command, Control, Communications, Computing and
Intelligence (C4I) installations.  This is described in more detail in Enclosure 4 to Part Two of
this RFP.
2.5.3
The Crown is aware that a number of potential Respondents have expressed an interest in
exploring the use of LMNZ, or another Lockheed Martin entity or affiliate, and/or L3 Harris
(each being a Crown Contractor) as part of their solution and contracting chain for the
acquisition element of the Utility Vehicles. In order to preserve probity and fairness in the
acquisition element of the Utility Vehicles, the Crown has documented with the Crown
Information
Contractors the commitment of each to treat all Respondents equally, in order not to influence
the RFP process and outcomes.  This includes the Crown Contractors declaring any potential
conflicts of interest, agreeing not to establish any exclusivity agreements with any potential
Respondent, pricing their involvement and providing commitments consistently for all
Respondents seeking to engage them (and thus not providing any Respondent with better
pricing or other preferred treatment than any other), and establishing internal processes within
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the Crown Contractors to firewall their workforce and business activities to protect intellectual
property and maintain independence of their effort.
the
2.5.4
Proposals must identify any proposed use of a Crown Contractor as a Subcontractor in the
Schedule of Major Subcontractors and Crown Contractors required to be submitted in
response to Schedule 2 to this RFP. Any identification of a Crown Contractor in a Proposal
must identify in the “work to be subcontracted” column:
(a)
how the Crown Contractor is proposed to be involved (including a general description of
under
the scope of work and potential estimated value); and
(b)
why the Respondent is considering utilising the proposed Crown Contractor.
2.5.5
As the Crown will need to consider the risks and appropriateness of having a Crown
Contractor involved on both sides of the transaction (i.e., Crown side and supplier side), as
part of the evaluation process, the Crown will consider whether involvement of any proposed
Crown Contractor in the Respondent’s solution is permitted by the Crown, and whether any
Released
specific conditions or restrictions are required to apply to that involvement. If the involvement
is permitted by the Crown, the Crown may require that the Respondent, the relevant Crown
Contractor and the Crown enter into a binding legal document that sets out the conditions of
that Crown Contractor’s participation in any Contract established with a Respondent.
2.6
Best Public Value, including through industry engagement
2.6.1
Each Respondent must identify in its Proposal the steps that it has taken to ensure that its
Proposal provides the Crown with best Public Value. This information will be used by the
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link to page 9 Crown when considering whether the Respondent is proposing the best Public Value solution
over the whole of life of the Contracted Capability, including considering any savings in time,
money, labour, responsiveness or resilience, risk reduction and the potential for an improved
solution.
2.6.2
The information required by paragraph 2.6.1 must be provided by each Respondent in the
format of an industry activity report as described in Schedule 8 to this Part One.
2.6.3
In 2021, the Crown conducted a Request for Information (RFI) to enable companies to express
their interest in supporting the procurement as a subcontractor or supplier. The Excel
spreadsheet at Enclosure 6 to Part Two of this RFP lists the companies that registered and
their contact details. There are also two further worksheets in that spreadsheet with contact
details for:
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(a)
New Zealand companies that have capabilities for manufacturing support.   The Ministry
of Defence has liaised with a number of industry representative bodies and compiled a
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list of companies that might have interest in body-work or other sub-contracted
manufacturing work.
(b)
A list of Māori (indigenous) businesses that have potential supporting capabilities.  The
New Zealand Government released a progressive procurement policy in November
2020 to promote access to procurement opportunities for Māori businesses. The policy
outlines a target for Government procurement agencies to achieve a percentage (by
value) of Māori businesses involvement in the supply chain.  The Utility Vehicles have
been identified as a procurement that may be able to contribute to achieving this target.
Information
2.6.4
The Crown is not facilitating, nor requiring, any liaison with these companies and does not
endorse nor have a preference for any of these companies. It is the prerogative of potential
Respondents to contact any of these companies and it is entirely each Respondent’s
commercial decision on whether to do so, or not.
2.6.5
Other industry bodies that might be useful facilitators to help make contact with New Zealand
industry are:
Official
(a)
New Zealand Trade and Enterprise (www.nzte.govt.nz);
the
(b)
New Zealand Defence Industry Association (www.nzdia.co.nz);
(c)
New Zealand Truck-Trailer Manufacturer’s Federation (www.tmff.org.nz , see “Member
Showcase”);
under
(d)
New Zealand Motor Industry Association (www.mia.org.nz/Relationships); and
(e)
Amotai (https://amotai.nz) who are a New Zealand Supplier Diversity intermediary, who
can provide a database of companies and act as a match-maker with Māori (indigenous)
businesses (there are monthly fees for this service).
2.6.6
Where additional assistance is needed to identify New Zealand industry capabilities and
opportunities for New Zealand industry engagement, the Respondent is advised to contact the
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Ministry of Defence’s Industry Engagement team. Involvement of the Ministry of Defence’s
Industry Engagement team can accelerate the identification of relevant New Zealand
companies. The Ministry of Defence’s Industry Engagement team contact is:
Ministry of Defence
Huntley Wright
Assistant Secretary (Capability Delivery)
Phone: +64 4 496 0614
Mobile: +64 21 525 736
E-mail: [email address]
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link to page 10 link to page 5 link to page 10 Website: www.defence.govt.nz
2.6.7
For the avoidance of doubt, paragraph 2.6.6 above does not override paragraph 1.4 of this
Part One.  Accordingly, the contact details provided in paragraph 2.6.6above should not be
used to request clarifications of this RFP or to ask questions about the Protected Mobility
Capability Project or the Utility Vehicles sub-Project generally.
2.6.8
For further context, the Crown’s policies and guidelines on procurement can be found at the
following web address: www.procurement.govt.nz.
2.7
Format and submission of Proposals
2.7.1
Each Proposal must be submitted as follows:
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(a)
each section of the Proposal must be cross-referenced to the applicable requirement of
this RFP (in particular, the Statement of Requirements);
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(b)
the file name (including the Respondent name) and the page number must be included
in the footer of documents (where possible);
(c)
the Proposal package must be submitted to the Crown by either:
(i)
email to [email address]. Each email forming part of the Proposal
submission must include the description “Utility Vehicles RFP 1-439-4” in the
subject line.  IMPORTANT NOTE: The Crown's email system is expected to reject
any email of a size exceeding 15MB (which rejection may be without any
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notification to the sender), so Respondents are advised that they may have to
split the Proposal package into multiple emails to the designated Proposal
submission email address, so as to manage the Crown email size threshold.; or
(ii)
uploading files to the GETS eTender Box. The maximum file size is 50MB and the
total capacity of the eTender Box is 50MB for each Respondent. Refer to the
Official
GETS website for instructions on uploading files (see
https://www.gets.govt.nz/SupplierUserTenderHelp.htm  and expand the “Help for
providers and suppliers” dropdown and then expand the dropdown for section 10
the
“How do I submit a tender response”.
Emailed submissions are the preferred method of submission. It is acceptable to use a
combination of these two submission methods provided that the delivery method for
each document/file is notified in accordance with section (d) (i) below.  In addition, the
Crown’s IT information technology system may reject documents that are password
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protected, so Respondents must not password protect the documents included in the
Proposal package;
(d)
the emailed Proposal package must include, in one or more emails:
(i)
a covering email or index document that lists all documents being sent by the
Respondent and the method of submission for each file (email or GETS);
Released (ii)  one electronic copy of the Proposal, excluding all price elements (including any
pricing related to any Costed Options) and any supporting information, in a format
capable of being read, copied, searched and printed by the Crown using Microsoft
Office™ 2013 applications, Microsoft Project™ or Adobe Acrobat™;
(iii)
one separate electronic copy of all price information (including any pricing
information relating to any Costed Options) in a non-editable format capable of
being read, copied, searched and printed by the Crown using Microsoft Office™
2013 applications, Microsoft Project™ or Adobe Acrobat™. Price information
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link to page 5 link to page 11 link to page 11 must be contained in one or more emails identified clearly with the Respondent’s
identity and “Price Information”;
(iv)
one separate electronic copy of all price information (including any pricing
information relating to any Costed Options) in an editable format capable of
being read, copied, edited, searched and printed by the Crown using Microsoft
Excel™ 2013 applications.  Price information must be contained in one or more
emails identified clearly with the Respondent’s identity and “Price Information”;
and
(v)
one electronic copy of any supporting information and documentation in a non-
editable format capable of being read, copied, searched and printed by the
Crown using Microsoft Office™ 2013 applications, Microsoft Project™ or Adobe
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Acrobat™;
(e)
the Crown will endeavour to notify the Respondent within two Business Days of
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receiving one or more emails containing the Proposal package from the Respondent
and/or having received files by the GETS eTender Box. If the Respondent does not
receive such email notification from the Crown clearly showing that all of the
Respondent’s Proposal package emails have been received, it is the Respondent's
responsibility to confirm with the Contact Officer whether the Crown has received each
of the Respondent's emails. The Crown will not be responsible for any failure by the
Respondent to confirm receipt of any email.  It is also each Respondent's responsibility
to ensure that each component of its Proposal package is emailed to and received by
the Crown, by one or more emails to the designated Proposal submission email
address, by the Proposal Closing Time.  The Crown is not responsible for identifying any
omission from the Proposal package or notifying any Respondent of any omission,
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although the Crown may choose to do so at its sole discretion;
(f)
it is also each Respondent's responsibility to ensure that the Proposal package emailed
to the Crown is capable of being opened and used by the Crown as referred to above.
The Crown may (at its sole discretion) deem disqualified any Proposal package that the
Crown is not able to open or use as referred to above.  The Crown is not required to
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(although may) notify any Respondent if any part of the Proposal package is not capable
of being opened or used by the Crown; and
the
(g)
all emails containing Proposal information must be received by the Crown, in a form that
is able to be opened and used by the Crown as referred to above, on or before the
Proposal Closing Time (see the table in paragraph 1.3.2 above) at the email address
stipulated in paragraph 2.7.1(c). The relevant Respondent will be responsible for any
delays caused by submission through the delivery system chosen.
under
2.7.2
Proposals submitted by post, fax or hard copy delivered to our offices will not be accepted.
2.8
Proposal Validity Period
2.8.1
In submitting a Proposal, the Respondent agrees that its Proposal will remain open for
acceptance by the Crown in the form that it is submitted and shall not be capable of being
withdrawn or modified, except with the written consent of the Crown, for a period of 16 months
from the Proposal Closing Time (the Proposal Validity Period). This time period is required
Released
due to the timetable in place for the Crown processes, negotiation of final scope and to seek
approval of its Project Implementation Business Case (PIBC), approval of which must be
received before an Acquisition Contract can be signed.
2.8.2
The Crown may request an extension of the Proposal Validity Period at its discretion.
2.9
Structure of Proposal
2.9.1
Each Proposal shall be structured as follows:
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link to page 62 link to page 62 link to page 62 link to page 63 link to page 60 link to page 67 link to page 62 Acquisition - Commercial response
(a)
responses to, and in accordance with, Schedules 1 to 8 to this Part One of this RFP
(excluding Schedule 5 (Price information)) in relation to the Acquisition elements,
including:
(i)
the completed SOR Compliance Matrix (Acquisition) with entries in the “RFP
Response Column” (column L) for every requirement;
(ii)
all plans and data identified as being deliverable as part of the Proposal in either
Schedule 7 (Technical Requirements) or the Contract Data Requirements List
(CDRL) set out in Enclosure 3 to Part Two of this RFP, in accordance with the
requirements stipulated in the CDRL and applicable Data Item Descriptions
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(DIDs) in Enclosure 3 to the Statement of Requirements; and
(iii)
the completed Acquisition Contractual Compliance Matrix;
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(b)
supporting information (if any), clearly identified and cross-referenced to the relevant
requirement or part of the Proposal it supports; and
(c)
technical details of Costed Options (not including pricing); and
Acquisition – Pricing response
(d)
the completed Acquisition Pricing Proforma in accordance with Schedule 5 (Price
information) to Part One of this RFP in relation to the Acquisition elements (i.e.,
Information
paragraph 1.2 of Schedule 5 (Price information)); and
(e)
other pricing-related information in accordance with Schedule 5 (Price information) to
Part One of this RFP in relation to the Acquisition elements (i.e., paragraphs 1.3, 2 and
3 of Schedule 5 (Price information)).
Official
Through Life Support (TLS) – Commercial response
(f)
responses to, and in accordance with, Schedule 3 (paragraph 8), Schedule 7
the
(paragraph 6) and Schedule 8 (in relation to the TLS phase) to this Part One of this
RFP, including:
(i)
a completed SOR Compliance Matrix (TLS) with entries in third column titled
“EVIDENCE/RESPONSE REQUIRED” for every requirement; and
under
(ii)
the completed TLS Contractual Compliance Matrix; and
(g)
supporting information (if any), clearly identified and cross-referenced to the relevant
requirement or part of the Proposal it supports;
TLS - Pricing response
(h)
the completed TLS Pricing Proforma in accordance with Schedule 5 (Price information)
Released to Part One of this RFP in relation to the TLS elements (i.e., paragraph 1.4 of Schedule
5 (Price information)).

Advice to Respondents:
The template for the TLS Pricing Proforma will be available on GETS
on Friday 18th November 2022
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Act
Information
Official
the
under
Released
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3.
OUR REQUIREMENTS
3.1
Background and objectives for the Utility Vehicles sub-Project
General
3.1.1
The Crown has established the Protected Mobility Capability Project (PMCP) to procure a
number of vehicle types to support the NZDF’s deployed and domestic operations.
Procurement of the UV-M and UV-L vehicles forms the Utility Vehicles sub-Project of the
PMCP.
3.1.2
The Crown, through the Ministry of Defence, procures larger scale capital assets for end use
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by the NZDF. The Acquisition Contract with the successful Respondent(s) will be entered into
by the Crown, and the Crown will contract manage the Acquisition Contract for its delivery
phase through to Acceptance and until the end of the Warranty Period.
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3.1.3
For the UV-M/L, the vehicles procured will largely be operated by the NZ Army.  After each
vehicle is Accepted by the Crown, it will be transferred to the NZDF to own and operate.  The
NZDF is responsible for the Through Life Support (TLS) of its assets. Therefore, the NZDF is
the party that will negotiate and sign the TLS Contract. There may be some overlap between
warranty coverage under the Acquisition Contract and the early years of the TLS Contract; this
should be taken into account by Respondents when pricing the TLS element of the Proposal.
3.1.4
The total cost of ownership is an important consideration for the Crown. Therefore, alongside
the technical characteristics of the solution offered and Crown confidence in the Respondent
Information
and its offer, both Acquisition phase costs and TLS costs are taken into account when
evaluating the best Public Value Proposal.
UV-M/L capability
3.1.5
The UV M/L capability will be required to support the NZDF’s deployed and domestic
operations in a sustainable manner, with appropriate consideration given to Integrated
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Logistics Support (ILS) and TLS that ensures that the UV M/L project capability is supported
throughout its life of type.
the
3.1.6
The function of the Utility Vehicle is to move payload (crew, troops, equipment and cargo) over
formed roads and cross-country.  UV-M/L are operational vehicles that have a wide application
in missions and deployments where armour protection is not required.  The vehicles may be
deployed to austere environments in New Zealand or overseas for extended durations and
should be easy to operate and maintain and be highly reliable with a low support footprint.
under
They need to be able to ford through salt water for beach landings and tolerate a range of
climatic conditions.
3.1.7
The tasks covered by the variants of the UV-M/L include:
(a)
transport of personnel and/or equipment;
(b)
transport for specialist personnel and their equipment such as observers, line layers,
Released military police, liaison, or intelligence staff;
(c)
carrying personnel and equipment for command and control functions;
(d)
transporting maintenance support personnel and their equipment; and
(e)
ambulance to recover and transport injured/sick personnel (Medical Evacuation
(MEDIVAC) with medics attending the patient(s) while the vehicle is moving).
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3.1.8
The Utility Vehicles are separated into two weight categories for operational convenience.
Having the UV-L at less than six tonnes GVM enables it to be operated on New Zealand roads
by personnel with a Class 1 driver’s licence.  The UV-M variants have higher payload
requirements and are likely to be heavier than six tonnes.  However, the UV-L and UV-M will
ideally be based on a single family of vehicles providing commonality of training, parts and
support.
3.1.9
The Crown requires that the UV-M/L be delivered as complete vehicles by one or more prime
contractors.  While the Crown prefers a single supplier for both the light and medium
categories for the utility vehicles, it may negotiate with a Respondent for supply of either the
UV-L or the UV-M or only part fleets of each if this provides a better solution when matched
with other offers. Further, the Crown may decide to only procure UV-L or UV-M (or neither)
under this RFP if only one vehicle type proposed is considered suitable for the Crown’s needs.
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3.1.10
Each prime contractor will be required to act as the design authority for the relevant vehicles,
and each prime contractor must be responsible for all Contract Deliverables under the
Acquisition Contract for those vehicles, which will include publications, support data, safety
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information, initial Spares and Support and Test Equipment and initial training packages and
initial training course delivery. The contracting approach with respect to the Through Life
Support phase will be discussed between the NZDF and the successful Respondent, but the
Respondent is required as part of its Proposal to provide a costed TLS Proposal for the
consideration of the Crown and the NZDF.
3.1.11
The Crown is seeking an Off-The-Shelf (Military Off-The-Shelf (MOTS) or Commercial Off-
The-Shelf (COTS)) vehicle solution wherever possible.
Crown Costed Options
Information
3.1.12
There are 20 individual Crown Costed Options.  Most are self-explanatory, by reference to the
requirements in Enclosure 1 of Part Two (Statement of Requirements) to this RFP that is listed
against each Crown Costed Option.  However, two Crown Costed Options are explained
further below.
Official
3.1.13
C4I Integration.  The Crown wishes the prime contractor to take responsibility for delivery of
the Utility Vehicles as an integrated capability solution.  This includes the responsibility to
design and integrate communications and data handling equipment in the vehicles (Command,
the
Control, Communications, Computers, Intelligence or C4I) that are delivered to the Crown
under the Acquisition Contract.  Firm technical requirements in relation to the C4I integration
have not been provided.  Additional information about the C4I Integration that the Crown is
seeking is set out in Enclosure 4 (C4I information) of Part Two (Statement of Requirements) to
this RFP.  Each Respondent shall provide a C4I Integration Proposal in accordance with DID
PROJ-1.11 that describes how the Respondent proposes to accomplish this integration and
under
the associated pricing by completing those lines in the Acquisition Pricing Proforma.  If the
Respondent is not able to offer any aspect of this integration, the C4I Integration Proposal
response should clearly state this and why.
3.1.14
Troop Carrier Modules.  The Utility Vehicle-Medium General Service (UV-M GS) variant has a
secondary role as a Troop Carrier.  The concept is for this to be achieved via the vehicle
supplier providing removable seating modules for every vehicle of the UV-M GS variant.
These modules are installed on the deck of the UV-M GS, are ideally ‘quick change’ and are
Released
light enough (by separating into part sections) that they can be removed by hand (i.e., no or
minimal lifting equipment is required). These modules and their fixings to the deck and the
chassis must comply with the ROPS requirements. The module’s seat harnesses and
restraints must also be suitable for crash loads imposed in a roll over scenario.  A weapon
mount may possibly also be incorporated on the rear section of the removable Troop Carrier
module.  The Respondent is to respond to this requirement as a Crown Costed Option to
identify the prices arising from this requirement. If the Respondent cannot offer this option
then the Proposal should clearly state this and why.
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link to page 7 link to page 7 Respondent Costed Options
3.1.15
As described in paragraphs 2.1.4 to 2.1.6 above, if either:
(a)
the Respondent considers that any part of the Statement of Requirements is obsolete or
could be met by utilising new or alternative developments, technology, procedures or
other cost effective means not identified by the Crown in this RFP (e.g., utilising
swappable bodies); or
(b)
the Respondent’s standard MOTS or COTS solution does not meet one of the Crown’s
non-mandatory requirements, but the Respondent could undertake additional work to
modify its MOTS or COTS solution to be close to meeting the requirement or otherwise
achieving the intent of the requirement,
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then the Crown encourages the Respondent to submit additional Respondent Costed Options
for the Crown to consider.  The Respondent is not required to submit any Respondent Costed
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Options but is encouraged to do so where this could bring value or other benefits to the Crown
and the NZDF.
3.1.16
Roll Over Protection Structure: Roll Over Protection Structure (ROPS) is an important
requirement for the Crown.  The Crown wishes to have ROPS provided that complies with the
NZDF’s EDSPEC 0001C specification (this specification is at  Enclosure 5 (Roll Over
Protection Structure Specification) of Part Two (Statement of Requirements) to this RFP). If
the Respondent can offer ROPS but to a different standard or standards, the Respondent is
encouraged to also include one or more Respondent Costed Options for alternative ROPS
solutions in its Proposal.
Information
Official
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under
Released
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link to page 18
Utility Vehicle Variants
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3.1.17
Table 1 - UTILITY VEHICLE VARIANTSTable 1 - UTILITY VEHICLE VARIANTS sets out the expected UV-M/L variants that are being sought by this
procurement. The approximate quantity column is indicative only, and the numbers procured will depend on a number of factors, including affordability
and multi-role abilities of offered solutions. The crew numbers, cab door numbers and GVM limits for the UV-L are all fixed and mandatory. The
comments column is intended to provide some clarity of intent of each variant for Respondents. Payload requirements are rounded up to the nearest
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100 kg and further clarified in Annex C of Enclosure 1 to Part Two of this RFP provides the exact payload requirements, including the context and
assumptions for each payload. Communications and Data Requirements are further clarified in Annex D of Enclosure 1 to Part Two of this RFP and in
the C4I Integration Information at Enclosure 4 to Part Two of this RFP.
Table 1 - UTILITY VEHICLE VARIANTS
GVM
GVM
Payload
Crew
limit
target
target
Variant
Approx Qty
& Cab
Communications / Data*
Comments
Doors
(tonne)
(tonne)
(tonne)
Information
2 - 3
1 x RF 9820 VHF radio
Transport combat supplies and unit equipment. Has a light
UV-L
15 - 40
crew
weatherproof and removable cover on rear deck.
General
6
6
1.57
1 x Panasonic Toughbook G2
Service
(20 likely)
2 dr
tablet at left seat
1 x AN/PRC 163 VHF/UHF radio
Transport unit commanders and liaison personnel around
Official
4 - 5
an operational area with enhanced communication
UV-L
55 - 120
crew
1 x AN/PRC 160 HF/VHF radio
capabilities.
Command /
6
6
0.89
the
Liaison
(90 likely)
4 or 5
1 x Panasonic Toughbook G2
dr
tablet at left seat
1 x RF 9820 VHF radio
Transport combat supplies and unit equipment. Has a
2 - 3
weatherproof cover that might have ROPS strengthening
UV-M
25 - 60
under
crew
1 Panasonic Toughbook G2
incorporated. Able to easily install and remove a Troop
General
N/A
7-10
3.0
tablet at left seat
Carrying module (as a complete assembly or as sub-
Service
(48 likely)
2 dr
modules) to safely transport 8 -10 troops and their
equipment on the rear deck.
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Released

GVM
GVM
Payload
Crew
limit
target
target
Variant
Approx Qty
& Cab
Communications / Data*
Comments
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Doors
(tonne)
(tonne)
(tonne)
1 x AN/PRC 163 VHF/UHF radio
A Command and Control (C2) platform which is capable of
Act
providing mobile communications and static Command
1 x AN/PRC 160 HF/VHF radio
and Control functions. The UV-M C2 variant includes two
different role configurations:
1 Panasonic Toughbook G2
1.  Command Post
4 – 5
tablet at left seat.
2.  Forward Information Support Team (FIST)
UV-M
crew
Command &
20 - 45
Workstations in the rear are seats and table for laptop use
Control
2 3 dr
N/A
7-10
1.45
by two personnel.
Command
(24 likely)
or 4
Post
dr or
There is preference for a C2 configuration that permits
5 dr
Information
swift and easy reconfiguration to the FIST role
configuration (perhaps by folding tables, sliding seats, or
similar). The Command role configuration will also need
to have permanently installed HVAC if it is reconfigurable
to FIST.
1 x AN/PRC 163 VHF/UHF radio
A role configuration of the Command and Control (C2)
Official
platform which houses transports two 10RU cases
UV-M
4 – 5
1 x AN/PRC 160 HF/VHF radio
housing a or three Forward Communications Access Node
Command &
crew
(FCAN) modules instead of rear workstations.
the
Control
10 - 30
1 Panasonic Toughbook G2
Forward
2 3 dr
N/A
7-10
1.45
tablet at left seat.
It requires brackets and a system for securely transporting
Information
(20 likely)
or 4
and cushioning FCANs the cases and an HVAC (for
Support
dr or
cooling the FCANs when they are it’s operating).
Team (FIST)
5 dr
under
Reconfiguration to a Command Post is also desirable (i.e.,
can remove the FCANs and convert to tables and seats).
Released
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GVM
GVM
Payload
Crew
limit
target
target
Variant
Approx Qty
& Cab
Communications / Data*
Comments
1982
Doors
(tonne)
(tonne)
(tonne)
1 x AN/PRC 163 VHF/UHF radio
Forward Repair Team maintenance vehicle, to support
Act
light grade and some medium grade repairs. The vehicle
2 - 4
UV-M
5 – 25
1 Panasonic Toughbook G2
will carry light tools, support test and equipment, stand-
crew
Maintenance
N/A
7-10
2.01.98
tablet at left seat.
alone work benches and limited spare parts. The concept
Support
(16 likely)
is for ‘mobile lockers’ rather than a 'mobile workshop'. May
4 dr
have extendable awnings to provide covered work areas
around the exterior of the vehicle.
1 x AN/PRC 163 VHF/UHF radio
To conduct Medical Evacuation of personnel from an area
of operations with a Medic attending the patients while
1 Panasonic Toughbook G2
moving.  Two casualties on stretchers or one stretcher and
3 - 4
Information
UV-M
8 - 22
tablet at left seat.
four – eight seated casualties
crew
Ambulance
N/A
7-10
1.35
(MedEvac)
(12 likely)
Invsio intercommunication
2 dr
system (INV15696 Intercom 5-
User, 4-COM 1-PWR), between
cab and rear module.
Official
* This is a summary. Please see Enclosure 4 of Part Two of this RFP for more detail on the C4I requirements.

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Through Life Support
3.1.18
Each prime contractor is also required to offer ongoing support of the vehicles for their
expected life of type.  The NZDF will negotiate with the successful Respondent(s) with the
intent of signing a Through Life Support Contract for the relevant vehicles at the same time as
the relevant Acquisition Contract is signed.
3.1.19
Potential Through Life Support services include:
(a)
the supply of spares, replacement parts / components / tools;
(b)
the provision of technical advice/support (phone / e-mail);
1982
(c)
the provision of updates (including safety issues) and any recommended product
improvements;
Act
(d)
configuration and obsolescence management;
(e)
heavy maintenance repairs undertaken by the supplier or its designated agent, with
potential field repairs for deployable systems; and
(f)
future (in-service) training.
3.1.20
Information on the Support Concept and existing maintenance providers is in the Through Life
Support requirements at Enclosure 2 () of Part Two of this RFP.
Information
3.1.21
At a minimum for Through Life Support, the Respondent shall be willing to act as a ‘design
authority’ over the life of the vehicle, providing technical support. Beyond that minimum level
of support, the Crown prefers a bundled package of support services, whereby a single
supplier provides all aspects of support (rather than the NZDF dealing with numerous
suppliers). Evaluation weightings favour Proposals that offer a bundled package for Through
Life Support, including obsolescence management services.  The offered price for such
Official
services will also influence the Crown’s preferences for the Through Life Support Contract with
the successful Respondent(s).
the
Homologation (New Zealand road use certification)
3.1.22
The successful Respondent wil  be required to provide a “turnkey” solution that enables the
Crown and the NZDF to utilise the vehicles immediately from Acceptance under the
Acquisition Contract.  It will be part of the Respondent’s scope of work to obtain all required
under
certifications, registrations and licences from Waka Kotahi, the New Zealand Transport Agency
(NZTA), to allow the NZDF to operate the vehicles on New Zealand roads.  This includes the
requirement for the successful contractor to be responsible for obtaining any
waivers/exemptions required for its vehicle.
3.1.23
The Respondent should familiarise itself with the New Zealand Land Transport Rules. These
can be found at https://www.nzta.govt.nz/resources/rules/. There other useful resources on
the NZTA website, including fact sheets and entry certification requirements (including the
Vehicle Inspection Portal (VIRM)).  The rules are wide ranging and in many cases refer to
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overseas approved standards such as certain UN/ECE Regulations, Australian Design Rules,
etc.
3.1.24
The Crown will not be providing advice or interpretation of the homologation requirements.
However, the Crown acknowledges that some waivers might be required for some aspects and
any waivers required would need to be discussed between the Crown and the Respondent
either during the due diligence phase or during contract negotiation.  The Crown would
participate in support of the successful Contractor’s submissions to NZTA, rather than leading
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that engagement.  Respondents may wish to engage support from New Zealand consultants
who are familiar with New Zealand legislative requirements and processes.
Training
3.1.25
The Crown seeks the capability to conduct all Training independently in New Zealand.  This
concept is known as ‘train-the-trainer’ whereby suitably experienced initial trainees are trained
to sufficient detail to be able to, themselves, conduct subsequent training on the same topics in
the future (see clause 9.2 of the draft Acquisition Contract).  The capability to subsequently
conduct training in New Zealand requires the delivery of the Training Package that is specified
in DID TRA-7.2.  Any associated physical training aids that are needed to support this training
in New Zealand should be described in the Proposal and included in the Acquisition Pricing
Proforma in the line numbered 2.3.2.  Associated training aids may include desktop Computer
1982
Based Training (CBT), maintenance chassis, vehicle system mock-ups or sectioned
equipment. The Acquisition Pricing Proforma seeks the Contract Price for these Contract
Deliverables:
Act
(a)
initial Training Courses / Training Services;
(b)
the Training Package per DID TRA-7.2; and
(c)
physical training aids (if any).
3.1.26
The Crown also seeks prices under the TLS Contract for the ongoing offer of training services,
with that Training delivered by the Contractor either in New Zealand (preferred) or overseas.
This option allows for supplementation of training resources, allowing for personnel shortages.
Information
This pricing information should be included in the TLS Pricing Proforma.
3.1.27
The Crown is also interested in simulation as part of the training solution.  This might be
simulation for operational crews of the vehicles or simulation for maintenance training. The
NZDF has existing simulation systems that use the Bohemia Virtual Battlefield Simulator (VBS)
4 simulation environment and simulation solutions that use that same simulation environment
Official
would provide support advantages.  The pricing for any simulation offered should be included
in the Acquisition Pricing Proforma in the Crown Costed Options section.
3.1.28
The Crown has additional interest in obtaining bare shells of the vehicle cabs and certain
the
fittings and seats for future incorporation into generic escape/egress trainers.  There are two,
separate, Crown Costed Options in the Acquisition Pricing Proforma for the supply of:
(a)
Rollover Egress Training Equipment.  A bare, 4 door cab structure, painted and
containing the installed seats for all crew positions, seat harnesses, doors, door opening
under
mechanisms, steering wheel, steering column and any other internal structure that could
impede crew egress from the vehicle. This structure would be subsequently integrated
with a rollover mechanism, that is procured from a third party, to turn the structure
upside down in order to train the crew in releasing themselves and exiting the vehicle
when it is overturned.
(b)
Underwater Egress Training Equipment.  A bare, 2 door, cab structure, painted and
containing the installed seat for the driver position, seat harness, doors, door opening
mechanisms, steering wheel, steering column, windscreen(s), roof hatches, and any
Released other internal structure that could impede driver egress from the vehicle. This structure
would be subsequently integrated with a water tank and an immersion mechanism,
which are procured from a third party, to submerge the structure under water in order to
train the driver in releasing themselves and exiting the vehicle when under water.
3.2
Pre-Conditions
3.2.1
The following conditions are pre-conditions that, if not complied with, will result in a Proposal
being set aside by the Crown and not considered further. This may impact on a Respondent’s
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link to page 18 link to page 18 link to page 18 offered solution and/or with which Suppliers and Subcontractors each Respondent chooses to
engage.
3.2.2
All UV-M/L vehicles must:
(a)
be right hand drive and comply with all New Zealand legal requirements for driving on
the left side of roads. If right hand drive does not already exist and needs to be
developed, the degree of technical and schedule risk will be assessed as part of the
RFP evaluation;
(b)
operate on diesel fuel (primary) and F-34 fuel (secondary). The need to deploy these
vehicles to operational areas and on disaster relief tasks also requires that the engines
can tolerate a range of fuel quality;
1982
(c)
have either a fully automatic transmission or an electronically controlled transmission;
Act
(d)
have a 24-28 volt electrical system to charge the vehicle batteries and radio batteries (if
fitted) in accordance with QSTAG 307, MIL-STD-1275 and MIL-STD-461. The
alternator must have a stable output suitable for and have no adverse effect on the
vehicles’ electrical/electronic system and powering and charging of auxiliary equipment
and batteries;
(e)
be able ford through a depth of at least 750 mm in salt water; and
(f)
have an enclosed cab with rigid skin and windows.
Information
3.2.3
All variants of the UV-L must be less than six tonne Gross Vehicle Mass (GVM) while carrying
the payloads defined in Table 1 - Utility Vehicle Variants. This is to enable them to operate on
New Zealand roads with drivers holding a Class I driver’s licence.
3.2.4
All variants of the UV-M must have the useable payloads in Table 1 - Utility Vehicle
VariantsTable 1 - Utility Vehicle Variants. There will be a preference for vehicles that have a
Official
lower Gross Vehicle Mass (GVM) at these payloads.
3.2.5
UV-M and UV-L, each or in combination if they have largely common components, must have
the
at least 1,000 vehicles in current service with other customers.
3.2.6
Each UV-M/L must be delivered as a complete vehicle by a prime contractor (in each case
with respect to the variants that a specific Acquisition Contract covers – there may be more
than one contract awarded). Each prime contractor must act as the design authority for the
under
relevant vehicles, and each prime contractor must be responsible for all Contract Deliverables
under the Acquisition Contract for those vehicles, which will include publications, support data,
safety information, initial Spares and Support and Test Equipment and initial training packages
and training course delivery.
3.3
Statement of Requirements
3.3.1
The Crown’s requirements set for the Utility Vehicles sub-Project are set out in Part Two of this
RFP (Statement of Requirements).
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3.3.2
Schedule 7 (Technical requirements) to this Part One includes a description of the required
response to the Statement of Requirements.
3.3.3
The Crown is also considering the possible acquisition of one or more of the Crown Costed
Options that are identified on the Acquisition Pricing Proforma.  The Acquisition Pricing
Profroma entries for Crown Costed Options provide the cross-reference to other sections of
the RFP where further information on the option is provided.  In addition, where the
Respondent’s solution does not meet any element of the Crown’s requirements set out in Part
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link to page 7 link to page 7 link to page 62 Two of the RFP (Statement of Requirements), the Respondent is invited, where applicable, to
provide a Respondent Costed Option in accordance with paragraphs 2.1.4 to 2.1.6 above that
describes how the Respondent could amend its solution to meet the Crown’s stated
requirement, and the associated impacts of doing so (including price, schedule and technical
impacts). To avoid doubt, while the Crown may explore and consider one or more of the
Costed Options, the Crown shall not be required to select or procure any or all of the Costed
Options.
3.4
Price information
3.4.1
Each Respondent’s proposed pricing for the Utility Vehicles sub-Project must be submitted in
the format described in paragraph 1 of Schedule 5 (Price information) to this Part One, and set
out in a completed copy of each Pricing Proforma issued with this RFP. Each Proposal must
1982
include the pricing information in relation to the full capability being procured, and must include
submission of both the Acquisition Pricing Proforma and the TLS Pricing Proforma, in
accordance with Schedule 5 (Price information).
Act
3.4.2
The Respondent’s proposed schedule of payments and securities for the Acquisition Contract
must also be provided in accordance with the requirements set out in Schedule 5 (Price
information). The Crown will only pay on achievement of milestones that are calculated based
on actual and evidenced significant milestones, and once all pre-conditions to successful
achievement of the relevant milestone has been met.  The Respondent is to describe in its
Proposal how each of its proposed milestones has been calculated and how the values have
been reached.  It is also to describe the objective evidence it proposes for each such
milestone.  A material milestone payment must be due on Acceptance by the Crown of each
batch of vehicles.
Information
3.4.3
Pricing and other information required in response to Schedule 5 (Price information) to this
Part One must only be included in the relevant Price Information submission.
3.4.4
Each Respondent should submit pricing information in relation to each Crown Costed Option
and each Respondent Costed Option applicable to that Respondent (if any), including the
whole of life costs of each such Costed Option in the TLS Pricing Proforma, in accordance with
Official
Schedule 5 (Price information).  The pricing in respect of all Costed Options must be
individually and separately identified and priced from the other pricing information.  The Crown
may explore and consider the Costed Options, but shall not be required to select or procure
the
any or all of the Costed Options.
3.4.5
Guidance is provided in this RFP (in Part Two (Statement of Requirements) in particular) as to
the importance of the capabilities sought by the Crown. In its completed Pricing Proformas,
the Respondent must identify capability cost drivers to enable the Crown (or the NZDF, as the
case may require) to make informed decisions. Cost drivers for capability must be individually
under
identified, costed and advised. The Respondent should also advise of any reasonable options
for the Crown to consider in order to reduce costs.  These should be included as Respondent
Costed Options, documenting the potential price reduction available to the Crown if a cost
driver requirement is removed or altered.
3.4.6
Prices submitted in relation to the Acquisition Contract must be:
(a)
inclusive of all costs associated with providing the Utility Vehicles sub-Project and
Released carrying out all matters and doing all things necessary for the due and proper
performance and completion of the proposed Acquisition Contract (including licence
fees, royalty payments, all taxes, duties and charges, arranging delivery and customs
clearance and the services of representatives (as applicable)); but
(b)
where the Respondent is not a New Zealand entity, exclusive of any New Zealand tax,
duty or charge imposed on the importation of goods into New Zealand, including GST
levied on the importation of goods into New Zealand (Import GST) based on a DPU
Incoterm (2020) at the Acceptance Location approach but as amended by the express
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link to page 25 link to page 24 terms set out in the draft Acquisition Contract. Such amounts shall be charged directly
to the Crown as described at paragraph 3.4.8 below.
3.4.7
The draft Acquisition Contract (as included in Part Three of this RFP) has been drafted on the
basis that the Contractor is neither a New Zealand entity, nor an entity registered or required to
be registered for GST (itself, or as part of a group) in New Zealand. This is not intended to
prevent New Zealand entities from participating in this RFP. Should an entity that is registered
for GST in New Zealand be selected as the Preferred Respondent, the Crown will provide
alternative GST and import clauses to enable the approach described below.  Some
amendments to the dispute resolution clause of the draft Acquisition Contract may also be
required if the Contractor has a New Zealand base.
3.4.8
For the Acquisition Contract, where the successful Respondent is not a New Zealand entity or
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an entity registered for GST in New Zealand, the Crown will arrange for the successful
Respondent to liaise with the Crown’s importation agents in relation to the importation of the
goods into New Zealand, and, as a result, all New Zealand importation duties and charges and
any New Zealand Import GST (as described at paragraph 3.4.6(b) above) will be charged
Act
directly by the New Zealand Customs Service to the Crown. This approach is currently the
approach provided for in the draft Acquisition Contract.
3.4.9
In short:
(a)
where the successful Respondent is neither a New Zealand entity nor an entity
registered or required to be registered for GST (itself, or as part of a group) in New
Zealand, under the Acquisition Contract all Deliverables will be delivered by the
Contractor DPU (Incoterms, 2020) to the Acceptance Location, and the Crown will put
the successful Respondent in contact with the Crown’s importation agents. In this case,
Information
prices will be New Zealand GST inclusive (noting that domestic New Zealand GST
should not apply). This approach is currently the approach provided for in the draft
Acquisition Contract; and
(b)
where the successful Respondent is a New Zealand entity or an entity registered or
required to be registered for GST (itself, or as part of a group) in New Zealand, the
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Crown will amend the draft Acquisition Contract so that the Contract Deliverables will all
be delivered by the Contractor DDP (Incoterms, 2020) to the Acceptance Location and
unloaded by the Contractor, and the Contractor will be responsible for all import
the
processes and duties, including into New Zealand, but all prices will be “plus New
Zealand GST, if any”.  Any New Zealand entity, or entity registered or required to be
registered for GST (itself, or as part of a group) in New Zealand, responding to this RFP
must price its Proposal on this basis. Any New Zealand GST payable in this case
(except Import GST) will be paid to the Contractor on provision of a valid tax invoice
provided in accordance with the GST Act and the other terms of the Acquisition
under
Contract.  The Acquisition Contract will be amended accordingly if this situation applies.
3.4.10
Prices for the Acquisition Contract must be stated in one or more source currencies (i.e., the
currency or currencies in which the Respondent would be required to pay its suppliers and
subcontractors if awarded the Acquisition Contract), with no contingency for exchange rate
fluctuations.  The Crown will pay all amounts under the Acquisition Contract in source
currencies.
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3.4.11
It is the Respondent’s responsibility to fully familiarise itself with, and to comply with, al  New
Zealand (and any other relevant jurisdiction) tax laws including, without limitation, obligations
arising under the Income Tax Act 2007, the Tax Administration Act 1994, and the Goods and
Services Tax Act 1985.  The Respondent must include with its Proposal certification that it has
fully familiarised itself with tax laws. Such certification must be in the form set out in Schedule
4 (Tax certification) to this Part One.
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4.
EVALUATION
4.1
Evaluation approach
4.1.1
The Crown will establish an evaluation panel with the requisite expertise, knowledge and
independence to be able to assess Proposals received in response to this RFP (the
Evaluation Panel). The Evaluation Panel will include subject matter experts as appropriate.
4.1.2
The Evaluation Panel will conduct an initial conformity and compliance check of all Proposals
to ensure each Proposal includes all of the Proposal Deliverables, complies in full with all Pre-
Conditions and meets all of the mandatory requirements set out in Part Two (Statement of
Requirements) of this RFP.  In the case of any missing Proposal Deliverable, the Crown may
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(at its discretion) contact the relevant Respondent and request that the Respondent provide,
within two Business Days, any missing Proposal Deliverable.  Any Proposal Deliverable
provided outside of the two Business Day-period may be destroyed and not considered by the
Crown if the Crown considers that there is, or may be, a material prejudice to other
Act
Respondents by not doing so. Proposals that are deemed to be non-conforming or non-
compliant may, at the Crown’s discretion, be set aside or declared invalid, in which case no
further consideration will need to be given to that Proposal.
4.1.3
The Evaluation Panel will evaluate all Proposals that meet the conformity and compliance
check against the Evaluation Criteria, with the overall objective of identifying the Proposal(s)
that, alone or together, represent the best Public Value solution over the whole of life of the
Utility Vehicle sub-Project (including Through Life Support). The best Public Value Proposal(s)
will not necessarily be the Proposal(s) with the lowest price.
Information
4.1.4
The Crown’s evaluation of Proposals received in accordance with this RFP will involve
consideration of each Respondent’s ability to complete all key phases (design, build,
integration, testing, delivery and Through Life Support), and the associated Public Value for
the whole of life of the full Contracted Capability.  The Crown may, at its sole discretion, select
different Proposals for different elements of the Utility Vehicles sub-Project.
Official
4.1.5
The evaluation will then be conducted as follows:
(a)
each Proposal will be split into Acquisition and TLS components for evaluation;
the
(b)
evaluation and scoring of the non-price attributes of each component of each Proposal
against the applicable non-price Evaluation Criteria (set out in the table at paragraph
4.2) will occur first. This will occur before the price information contained in a Proposal
is made available to any non-price evaluators. Evaluation will include individual
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evaluation and scoring against the applicable Evaluation Criteria, followed by a group
moderation step where all individual scores are considered and tested and any required
amendments to scores are made. The baseline Proposal will be scored before the
Costed Options are considered;
(c)
an evaluation of the overall Public Value each Proposal offers (in terms of non-price and
price attributes) in delivering the required capability will then be undertaken. Again, the
baseline will be evaluated before the pricing associated with Costed Options (including
the C4I Integration) is considered;
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(d)
the overall evaluation of the Acquisition component and the TLS component of each
Proposal (taking into account the above) will be considered, and Proposals will be
ranked; and
(e)
any other information that is required to be taken into account (including as described in
paragraphs 5.7 and 5.9) shall then be considered, and ranking of Proposals may
change as a result.
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link to page 26 4.1.6
Should the Crown consider that the Proposals that met the conformity and compliance check
do not entirely meet its needs, it may (at its sole discretion) decide to also fully evaluate any
non-conforming and/or non-compliant Proposals. Such evaluation will include a full and formal
evaluation by the Evaluation Panel (including subject matter experts as appropriate) against
the Evaluation Criteria and following the process set out in paragraph 4.1.5.  The Crown may
elect to pursue this option at its discretion at any time prior to signing an Acquisition Contract
for the relevant component with a successful Respondent.
4.1.7
Following the evaluation of Proposals, the Crown may select a shortlist of the highest ranked
Respondents for the purposes of undertaking risk reduction and/or further due diligence
activities with respect to those Proposal shortlisted.  The Crown’s current expectation is that
any shortlist would include two or three Respondents per vehicle type, but the Crown may
elect to shortlist more, fewer or no Respondents, depending on the Proposals received and the
Crown’s needs
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.
4.1.8
The Crown may elect to enter into direct contract negotiations with one or more Respondents
who submitted the Proposal(s) that the Crown evaluates to be the preferred Proposal(s). The
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Crown may elect to enter into contract negotiations with only one or more than one Preferred
Respondent. Selection of a Preferred Respondent or Respondents will not constitute
acceptance by the Crown of any Proposal or imply or create any obligation on the Crown to
enter into negotiations with any Preferred Respondent or award any Acquisition Contract to
any Preferred Respondent or on the NZDF to enter into negotiations with any particular
Respondent or to award a TLS Contract to any particular Respondent.
4.1.9
If the Crown proceeds directly to negotiation with one or more Preferred Respondents:
(a)
each Preferred Respondent will be notified of its status and the expected timeframe for
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negotiations; and
(b)
each other Respondent will be notified either that:
(i)
its Proposal has not been selected; or
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(ii)
it has been shortlisted but not preferred at this stage and may be asked to extend
the Proposal Validity Period for its Proposal, so that it remains open for the period
of the negotiation.
the
4.1.10
As part of negotiations, a Respondent may be asked to clarify, improve or consolidate any of
the technical, commercial, legal, financial or operational aspects of its Proposal. However,
contract negotiations will not be a further opportunity for the Preferred Respondent or
Respondents to submit a materially different Proposal from that originally submitted.
under
4.1.11
The Statement of Requirements in Part Two of this RFP, the draft Acquisition Contract in Part
Three of this RFP, together with the Proposal submitted by the Preferred Respondent(s) (as
clarified, if applicable), will provide a basis for contract negotiations in relation to the
Acquisition Contract.  The TLS elements of the Statement of Requirements in Part Two of this
RFP, the draft TLS Contract in Part Three of this RFP together with the Proposal submitted by
the Preferred Respondent(s) (as clarified, if applicable), will provide a basis for contract
negotiations in relation to the TLS Contract.
Released
4.1.12
If agreement is reached on the form of the Acquisition Contract with a Preferred Respondent,
the Crown intends to enter into a contract with that Respondent, which will be a fixed firm price
contract under which that Respondent will perform and deliver the relevant components of the
Utility Vehicles sub-Project.  The Crown may decide to enter into more than one Acquisition
Contract, with each Acquisition Contract being a fixed firm price contract under which the
successful Respondent will deliver a component of the Utility Vehicles sub-Project.
4.1.13
If agreement is reached on the form of the TLS Contract with the Preferred Respondent (or its
approved support organisation) for a component of the Utility Vehicles sub-Project, the NZDF
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(or its maintenance organisation) intends to enter into a TLS Contract with that Respondent,
under which that organisation will provide the Through Life Support for the relevant component
of the Contracted Capability.
4.2
Evaluation Criteria
Evaluation Criteria – Acquisition
Weighting
Commercial
This criterion will include evaluation of:
20%
Factors
  schedule (availability);
  competence and capacity (resources);
  track record;
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  financial viability;
  robustness of the Respondent’s (and potentially
Subcontractors’) internal processes including project Act
management and quality processes; and
  commercial arrangements and contractual suitability
including warranty terms.
Non-
This criterion will include evaluation of the level of
10%
developmental    development risk associated with the offered solution.
Design Merit
This criterion will include evaluation of:
35%
  compliance with Technical Requirements;

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  crew situational awareness;
  driving visibility;
  communication between the front and rear;
  Electromagnetic Interference (EMI) resistance;
  redundancy in design;
  towing
  volumes; Official
  equipment (including spare wheel, winch);
  crew space (ergonomics, ingress/egress and stowage);
and
the
  fuel efficiency.
Variants
This criterion will include evaluation of:
15%
Design and
  SWAP-C;
future growth
  open architecture;
under  Command and Control layout (internal or external
workstations);
  ambulance ergonomics;
  power/current;
  battery capacity;
  avoidance of DC-DC converters; and
  future growth reserves.
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Operational
This criterion will include evaluation of:
20%
Flexibility
  ability to perform a range of tasks;
  reconfigurability
  mobility;
  road trafficability;
  fording depth;
  passenger carriage
  deck height;
  stowage
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Evaluation Criteria – Acquisition
Weighting
  role equipment
  towing capacity; and
  climate range.

Evaluation Criteria – Through Life Support
Weighting
TLS Services
This criterion will include evaluation of:
30%
  standing support;
  on-call support;

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  Spares
  additional (new) codification;
  documentation updates;
  technical support; and
Act
  upgrades.
ILS Package
This criterion will include evaluation of:
15%
  Training System;
  quality of Training Material;
  documentation / publications;
  scope of technical data;
  simulators; and
  maintenance chassis.
Information
Configuration
This criterion will include evaluation of:
20%
and
  configuration management;
Obsolescence

Management
  OEM’s accountability;
  futureproofing;
  modularity;
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  development pathway – longevity of design; and
  likelihood of further customers.
the
Reliability and
This criterion will include evaluation of:
20%
Maximum
  performance targets;
Platform

Availability
  maintainability;
  hours to perform tasks;
  access;
under  maintenance frequency;
  reliability and durability; and
  synergy with existing NZDF ST&E.
Robustness of
This criterion will include evaluation of:
15%
Supply Chain
  value chain (maximised value-add touchpoints, minimised
Design &
waste / cost);
Technical

Released
Support
  working with partners;

Design
  New Zealand presence (or understanding the New
Zealand environment);
  widespread military use (safety in numbers);
  user groups;
  technical bulletins; and
  day-to-day Communications.
Respondents should note that the examples included for each criterion are guides only and
should not be considered to be exhaustive.
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link to page 35 link to page 35 link to page 30 4.2.1
C4I Proposals (per the response to DID PROJ-1.11) will be a separate area of assessment.
The Crown will have preference for C4I Proposals that cover the full scope outlined in DID
PROJ-1.11 and provide a level of confidence in the proposed approach.  The assessment of
the C4I Proposal assessment will be contrasted with the weighted scores assessed for the
Acquisition and TLS elements.
4.2.2
While Public Value is not a weighted criterion, it forms an important part of the Crown’s
assessment as to whether a Proposal is affordable for the Utility Vehicles sub-Project, as well
as whether the overall solution being offered in that Proposal offers the best Public Value to
the Crown across the life of the vehicle solutions. Therefore, Public Value (including pricing,
risk assessment, WOLC and Broader Outcomes considerations) for each of the Acquisition
element and the TLS element will be assessed as an independent attribute as part of the
evaluation process. If a Proposal is assessed by the Crown as being unaffordable, the Crown
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may remove that Proposal from further consideration.
4.2.3
Where the score for a Proposal any criterion or sub criterion is less than 35% of the total score
available for that criterion, the Crown may at its sole discretion remove that Proposal from
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further consideration.
4.2.4
The Crown shall also take into account the matters set out in paragraph 5.9.3 and paragraph
5.9.4 in conducting its evaluation.  A perceived inability to enter into a contract on terms
acceptable to the Crown, and within a timeframe acceptable to the Crown, may result in a
Proposal being put aside at the Crown’s sole discretion.
4.3
Verifying price
Information
4.3.1
If a Respondent offers a price that is substantially lower than other Proposals (known as an
abnormally low bid), the Crown may seek to verify with the Respondent that the Respondent is
capable of fully delivering the Utility Vehicles sub-Project for the price submitted.
4.4
Due diligence
Official
4.4.1
The Crown reserves the right to conduct due diligence visits (virtually and/or in person) to any
or all of a Respondent’s (and potentially any subcontractor’s) registered offices and/or principal
places of business (whether or not the Crown compiles a shortlist of Respondents). Such due
the
diligence will be for the purposes of assessing the Respondent’s (and any subcontractor’s)
ability to meet the requirements of the Utility Vehicles sub-Project, and to assess compliance
with the New Zealand Government’s Supplier Code of Conduct. Such due diligence activities
may be conducted with respect to some or all Proposals submitted, at the discretion of the
Crown. If the COVID-19 situation persists, it is anticipated that some due diligence may be
required to be conducted via the MS Teams platform or similar video conferencing tool.
under
4.4.2
Where the Crown exercises the right to make due diligence visits (or undertake virtual due
diligence meetings), the Respondent (or any subcontractor) to whom such visits are made or
with whom such meetings are held must provide the Crown with access to such relevant
information and personnel as the Crown reasonably requires.
4.4.3
The Crown also reserves the right to contact any one or more of the referees provided by a
Respondent (as required by Schedule 2 to this Part One of the RFP). If the Crown exercises
Released
this right, the Respondent will not be entitled to attend any meetings or participate in any
teleconference or video conference between the Crown and the referee or to receive minutes
or any other information from any such meetings.  The Respondent authorises the Crown and
such referees to discuss the Respondent’s prior performance.
4.4.4
Where due diligence is carried out by the Crown in accordance with this paragraph 4.4, the
information obtained by the Crown will be taken into account in the evaluation process.
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4.5
Notification of outcome
4.5.1
Following the award of an Acquisition Contract in relation to this RFP (if any), the Crown will
publish a notice on the Government Electronic Tenders Service (GETS) that contains the
following information:
(a)
the name and address of the successful supplier;
(b)
a brief description of the project and procurement process;
(c)
the date the Acquisition Contract was awarded; and
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(d)
if the Crown so elects, either the government approved budget for the Protected Mobility
Capability Project as a whole or the highest and lowest prices offered in response to this
RFP (at the Crown’s discretion).
Act

Information
Official
the
under
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5.
CONDITIONS OF PROPOSAL
Standard RFP process
5.1
Preparing a Proposal
5.1.1
Each Respondent is to complete and submit each of the Proposal Deliverables described in
Schedules 1 to 8 of this Part One (Instructions and Conditions of Proposal) and include all
other information requested by the Crown in this RFP.
5.1.2
By submitting a Proposal, the Respondent accepts that it is bound by the Conditions of
Proposal contained in this section 5.
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5.1.3
Each Respondent must:
Act
(a)
examine the RFP and any documents referenced in the RFP and any other information
provided by the Crown;
(b)
consider all risks, contingencies and other circumstances relating to the delivery of the
Utility Vehicles sub-Project and include adequate provision in its Proposal to manage
such risks and contingencies;
(c)
document in its Proposal all assumptions and qualifications made about the delivery of
the Utility Vehicles sub-Project, including any assumption that the Crown or a third party
will deliver any aspect of the Utility Vehicles sub-Project or incur any cost related to the
Information
delivery of the Utility Vehicles sub-Project;
(d)
if appropriate, obtain independent advice before submitting a Proposal; and
(e)
satisfy itself as to the correctness and sufficiency of its Proposal, including the proposed
pricing and the sustainability of the pricing.
Official
5.1.4
Each Respondent that prepares and submits a Proposal does so based on the Respondent’s
acknowledgment and agreement that:
the
(a)
the Crown makes no representations or warranties that the information in this RFP or
any information communicated or provided to the Respondent during the RFP process
is, or will be, accurate, current or complete;
under
(b)
it does not rely on any representation, letter, document or arrangement, whether oral or
in writing, or other conduct as adding to or amending these terms other than as
expressly stated by the Crown in writing;
(c)
it has relied entirely upon its own enquiries and inspection in respect of the subject of its
Proposal and has obtained all information necessary for the preparation of its Proposal
and the provision of the Contract Deliverables prior to submitting its Proposal. Any
successful Proposal will be deemed to include all costs and expenses for provision of all
required Contract Deliverables, and no claim will be accepted by the Crown on the
Released grounds of want of knowledge by the Respondent at the time of submitting its Proposal;
(d)
it is aware of its obligations under the Commerce Act 1986, and the Crown’s
requirement that the Respondent has not and does not engage in any conduct that
could be considered by the Crown to be anti-competitive, competition-reducing or act as
a barrier to any other party to participation in the RFP;
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link to page 4 link to page 4 (e)
it is aware of the Fair Trading Act 1986 and Part 6 of the Crimes Act 1961 under which
giving false or misleading information is a serious offence;
(f)
it is aware of the impact of the Public Audit Act 2001 on its participation in the RFP and
any resultant contract; and
(g)
it is aware that the Crown may have obligations under the Official Information Act 1982
and other public accountability requirements, and understands the impact of these on its
participation in this RFP process and any resultant contract.
5.2
Proposal Validity Period
5.2.1
Each Proposal must remain valid and open for acceptance by the Crown for the Proposal
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Validity Period.
5.3
Respondents’ deadline for questions
Act
5.3.1
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), the Respondent should seek
clarification before the deadline for questions specified in paragraph 1.3 of this Part One.
5.3.2
All requests for clarification must be made by email to the Crown’s Contact Officer. The Crown
will endeavour to respond to requests in a timely manner, but in any event no later than the
deadline for the Crown to answer Respondents’ questions specified in paragraph 1.3 of this
Part One.
Information
5.3.3
If the Crown 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 Crown may
summarise the Respondent’s question and will endeavour not to disclose the Respondent’s
identity.  The question and answer may be posted on GETS and/or emailed to known
participating Respondents.  A Respondent may withdraw a request at any time prior to it being
answered.
Official
5.3.4
In submitting its question or request for clarification, the Respondent may indicate any
information that it considers to be commercially sensitive.  The Crown may modify a question
the
or request for clarification to eliminate commercially sensitive information, and publish that
modified question/request and response where the Crown considers it to be of relevance to all
Respondents.  In any event, the Crown will be the sole judge of whether an enquiry or the
response constitutes commercially sensitive information, and the sole judge of whether or not
an enquiry and response should be disclosed to other potential Respondents.
under
5.4
Submitting a Proposal
5.4.1
Each Respondent is responsible for ensuring that its Proposal is received by the Crown at the
correct email address on or before the Proposal Closing Time.
5.4.2
The Crown is not under any obligation to check any Proposal for errors and is entitled to rely
on the Respondent’s Proposal and all information provided by the Respondent (e.g.,
Released
correspondence and negotiations). In submitting a Proposal and communicating with the
Crown, each Respondent undertakes that all information it provides to the Crown:
(a)
is true, accurate and complete, and not misleading in any material respect; and
(b)
does not contain Intellectual Property that will breach a third party’s rights.
Acceptance by the Crown of a Proposal that contains errors will not invalidate any contract
formed by, or on the basis of, that acceptance.
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5.4.3
The Respondent undertakes to promptly advise the Contact Officer of any change in
circumstances that causes any information contained in its Proposal to become inaccurate or
misleading in a material respect.
5.5
Meetings
5.5.1
Any meetings to be held in connection with this RFP wil  be held at the Crown’s premises (or
other premises nominated by the Crown) in Wellington, New Zealand unless otherwise agreed
in writing.  Attendance at all meetings by the Respondent will be at the Respondent’s own
expense.  If face to face meetings are not able to occur then a Microsoft Teams Meeting or
similar platform may be offered by the Crown.
5.6
Evaluation Panel
1982
5.6.1
The Crown will convene an Evaluation Panel comprising members chosen for their relevant
expertise and experience.
Act
5.6.2
The Crown may use third parties to assist it in evaluating Proposals as required.
5.7
Third party information
5.7.1
Each Respondent authorises the Crown 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.
Information
5.7.2
Each Respondent is to ensure that all referees listed in support of its Proposal agree to
provide a reference.
5.7.3
To facilitate discussions between the Crown and third parties, each Respondent waives any
confidentiality and privacy obligations that would otherwise apply to information held by a third
Official
party, with the exception of commercially sensitive pricing information.
5.8
Crown’s clarification
the
5.8.1
The Crown may, at any time, request from any Respondent clarification of its Proposal as well
as additional information about any aspect of its Proposal. The Crown is not required to
request the same clarification or information from each Respondent.
under
5.8.2
The Respondent must provide the clarification or additional information in the format and
timeframe requested by the Crown.
5.8.3
There is no obligation on the Crown to take into account additional information provided by a
Respondent in response to a request for additional information. However, the Crown may take
such clarification or additional information into account in evaluating the Proposal.
5.8.4
Where the Crown considers that a Respondent has failed to respond adequately or within a
reasonable time to a request for clarification or additional information, the Crown may cease
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evaluating that Respondent’s Proposal and may eliminate the Proposal from the RFP process,
in each case at the Crown’s sole discretion.
5.9
Evaluation
5.9.1
The Crown will base its initial evaluation on the Proposals submitted in response to the RFP.
The Crown may adjust its evaluation of a Proposal following consideration of any clarification
or additional information or BAFO process.
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link to page 26 5.9.2
The Crown may, at its sole discretion:
(a)
conduct site visits and/or inspect any facilities and/or equipment of any Respondent
and/or its proposed subcontractors, at reasonable times as part of the evaluation
process;
(b)
consider additional information related to any Evaluation Criteria;
(c)
consider material submitted in response to one Evaluation Criterion in the evaluation of
any other criterion; and
(d)
subject to its intellectual property and any Commercial-in-Confidence obligations, use
material submitted by the Respondent in other procurement processes conducted by the
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Crown, or information obtained by or provided to the Crown in connection with any
government to government channels, for purposes consistent with the Crown’s
procurement objectives.
Act
5.9.3
In deciding which Respondent(s) to shortlist and/or negotiate with, the Crown will take into
account the results of the evaluations of each Proposal in accordance with section 4 of this
Part One as well as each Respondent’s:
(a)
understanding of the Crown’s Statement of Requirements;
(b)
assessed capability to fully deliver the Utility Vehicles sub-Project or the relevant
component of it; and
Information
(c)
willingness to meet the terms and conditions and principles of the draft Contracts.
5.9.4
In deciding which Respondent(s) to shortlist and/or negotiate with, the Crown may take into
account any of the following additional information:
(a)
the results from reference checks, site visits/virtual meetings and any other due
Official
diligence;
(b)
the ease of contracting with a Respondent based on that Respondent’s feedback on the
the
draft Contracts;
(c)
any matter that materially impacts on the Crown’s trust and confidence in the
Respondent; and
under
(d)
any other relevant information that the Crown may have in its possession.
5.9.5
An overarching consideration for the Crown in evaluating Proposals is to ensure its
requirements are met in the most effective and timely manner so as to achieve the best Public
Value, taking into account the whole of life costs and all the risks relating to the delivery of the
Utility Vehicles sub-Project.  The best Public Value Proposal will not necessarily be the
Proposal with the lowest price.
Released
5.9.6
The Crown will inform a Respondent if it has been shortlisted (where shortlisting occurs).
Being shortlisted does not constitute acceptance by the Crown of the Respondent’s Proposal,
or imply or create any obligation on the Crown to enter into negotiations with, or award a
contract for delivery of all or any part of the Utility Vehicles sub-Project to any shortlisted
Respondent(s). At the shortlisting stage (where there is a shortlist), the Crown may or may not
make the shortlist public (at its discretion).
5.9.7
The Crown is not bound to shortlist or negotiate with any Respondent.
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5.10
Negotiations
5.10.1
The Crown may invite a Respondent to enter into negotiations with a view to agreeing a
contract in relation to the full, or a component of the, Utility Vehicles sub-Project. Where the
outcome is unsatisfactory, the Crown may discontinue negotiations with a Respondent in
relation to that component and may then initiate negotiations with another Respondent, or with
other suppliers either by re-issuing a similar RFP or RFT, or through direct discussions.
5.10.2
The Crown may initiate negotiations with more than one Respondent in relation to different
components of the Utility Vehicles sub-Project, without necessarily providing any notification of
the same.
5.10.3
The Crown may initiate concurrent negotiations with more than one Respondent in relation to
1982
the same component of the Utility Vehicles sub-Project. In such case, the Crown will treat
each Respondent fairly, and:
Act
(a)
advise each Respondent that it wishes to negotiate with, that concurrent negotiations
will be carried out; and
(b)
hold separate negotiation meetings with each Respondent.
5.10.4
Each Respondent agrees that any legally binding contract entered into between the
Respondent and the Crown will be essentially in the form set out in Part Three of this RFP and
that any legally binding contract entered into between the Respondent (or its nominated
support organisation) and the NZDF with respect to the TLS scope of work will be essentially
in the form set out in Part Three of this RFP.  Negotiations do not constitute an acceptance of
Information
any sort by the Crown or the NZDF or imply or create an obligation of the Crown or the NZDF
to award any contract to that Respondent.
5.10.5
The Crown and the NZDF may use third parties to negotiate with Respondents as required.
5.11
Respondent’s debrief
Official
5.11.1
The Crown will offer a debrief to all unsuccessful Respondents. Each Respondent will have 20
Business Days from the date of the Crown’s offer to request a debrief. When a Respondent
the
requests a debrief, the Crown will provide the debrief within 30 Business Days of the date of
the request, or of the date the Acquisition Contract has been signed or the procurement has
been formally cancelled (if applicable), whichever is later.
5.11.2
The debrief may be provided by the Crown by letter, email, phone or at a meeting in
under
Wellington, New Zealand.  The debrief will:
(a)
provide the reasons why the Proposal was not successful;
(b)
explain how the Proposal performed against the Evaluation Criteria;
(c)
indicate the Proposal’s relative strengths and weaknesses;
Released
(d)
seek to address any concerns or questions from the Respondent; and
(e)
seek feedback from the Respondent on the RFP and the RFP process.
5.11.3
No express comparison with any other Proposal or Respondent will be made; however, the
debrief may provide, in general terms, an explanation of the relative advantage(s) of the
successful Proposal.
5.11.4
Each Respondent shall meet its own costs associated with any debrief.
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link to page 33 5.11.5
If a probity auditor is appointed for the project, the probity auditor may also make contact with
each Respondent separately to discuss the RFP process with them.
5.12
Notification of outcome
5.12.1
Following the award of an Acquisition Contract in relation to this RFP (if any), the Crown will
publish a contract award notice on GETS. The Crown may make public the name of the
successful Respondent and any unsuccessful Respondent(s).
5.13
Issues and complaints
5.13.1
A Respondent may, in good faith, raise with the Crown any issue or complaint about the RFP
1982
(including any interpretation or inconsistency issues), or about the RFP process.  Any such
issue or complaint shall be lodged in writing with the Contact Officer.
5.13.2
The Crown will consider and respond promptly and impartially to the Respondent’s issue or
Act
complaint.
5.13.3
Both the Crown and Respondent agree to act reasonably and use reasonable endeavours to
resolve any issue or complaint that may arise in relation to the RFP.
5.13.4
The fact that a Respondent has raised an issue or complaint is not to be used by the Crown to
unfairly prejudice the Respondent’s ongoing participation in the RFP process or future contract
opportunities.
Information
5.13.5
Paragraph 5.3 applies with respect to any such issue or complaint, where the Crown considers
the issue or complaint is of general application to the RFP or all Respondents.
Standard RFP conditions
5.14
Crown’s Contact Officer  Official
5.14.1
All enquiries regarding the RFP must be directed by email to the Crown’s Contact Officer.
Respondents must not directly or indirectly approach any representative of the Crown, or any
the
other person, to solicit information concerning any aspect of the RFP. Unauthorised contact
with any Crown or NZDF person other than the Contact Officer may result in the Respondent
being disqualified from further participation in the RFP process at the Crown’s sole discretion.
5.14.2
Only the Contact Officer, and any authorised senior officeholder of the Crown, is authorised to
under
communicate with Respondents regarding any aspect of the RFP. The Crown will not be
bound by any statement made by any other person.
5.14.3
The Crown may change the Contact Officer at any time.  The Crown will notify Respondents of
any such change.  This notification may be posted on GETS or sent directly by email to the
relevant Respondents or known prospective Respondents.
5.14.4
Where a Respondent has an existing contract with the Crown, business as usual
communications, for the purpose of managing delivery of that contract, will continue using the
Released
usual contacts. Respondents must not use business as usual contacts to lobby the Crown,
solicit information or discuss aspects of the RFP.
5.15
Conflict of interest
5.15.1
Each Respondent must complete and submit as part of its Proposal the declaration in
Schedule 1 to this Part One, which includes a conflict of interest declaration.  A conflict of
interest may include being a member of the Crown or the NZDF or having a close relationship
with a person who is a member of the Crown or the NZDF.
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link to page 37 link to page 37 link to page 38 link to page 38 link to page 38 link to page 39 link to page 39 link to page 39 5.15.2
Each Respondent must immediately inform the Crown should a conflict of interest arise during
the RFP process, including after submission of its Proposal but prior to contract award. A
material conflict of interest may result in the Respondent being disqualified from participating
further in the RFP process.
5.15.3
If a Respondent fails to notify the Crown of a conflict of interest or is unable or unwilling to
resolve or deal with the conflict as required by the Crown, the Respondent may be disqualified
from participating further in the RFP process.
5.16
Ethics
5.16.1
Each Respondent must not attempt to influence or provide any form of personal inducement,
reward or benefit to any representative of the Crown in relation to the RFP.
1982
5.16.2
Each Respondent must not seek or accept assistance from any current employees of the
Crown or the NZDF, or any contractors or consultants to the Crown or the NZDF, in each case
Act
engaged on the Protected Mobility Capability -Project, or utilise any information unlawfully
obtained from the Crown (including in breach of an obligation of confidentiality) in the
preparation of their Proposals.
5.16.3
Each Respondent must not engage in professionally inappropriate behaviour. This includes
actions that could result in a potential competitor being dissuaded from participating in this
RFP due to other relationships with the Respondent being leveraged to prevent such
participation.
5.16.4
If any Respondent attempts to do, or the Crown has reason to believe it has attempted to do,
Information
anything prohibited by paragraphs 5.14.1, 5.14.4, 5.16.1, 5.16.2 or 5.16.3, that Respondent
may be disqualified by the Crown (at its sole discretion) from participating further in the RFP
process.
5.16.5
The Crown 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
Official
process.
5.17
Anti-collusion and bid rigging
the
5.17.1
Each Respondent must not engage in collusive, deceptive or improper conduct in the
preparation of its Proposal or other submissions or in any discussions or negotiations with the
Crown. Such behaviour may result in the Respondent being disqualified from participating
further in the RFP process, and could result in that Respondent being excluded from
under
participation in future procurements run by the Crown or the NZDF.  In submitting a Proposal,
the Respondent warrants that its Proposal has not been prepared in collusion with a
competitor and nor has the Respondent (or any of its constituent members) acted in a way that
could be considered by the Crown to constitute anti-competitive behaviour or professionally
inappropriate behaviour.
5.17.2
The Crown reserves the right, at its discretion, to report suspected collusive or anti-competitive
conduct by a Respondent to the appropriate authority and to give that authority all relevant
information, including a Respondent’s Proposal, and the Crown reserves the right to pursue
Released
other remedies available against a Respondent that the Crown reasonably believes has
engaged in such conduct under any applicable law.
5.18
Confidential Information
5.18.1
The Crown and each Respondent will each take reasonable steps to protect Confidential
Information of the other and, subject to paragraphs 5.18.2, 5.18.3 and 5.18.4 below, and
without limiting any confidentiality undertaking agreed between them, will not disclose
Confidential Information of the other to a third party without the other’s prior written consent.
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link to page 39 link to page 38 link to page 39 5.18.2
The Crown and each Respondent may each disclose Confidential Information of the other 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.
5.18.3
The Crown may disclose Confidential Information (excepting price information) contained in a
Proposal to the Governments of Australia, Canada, the United Kingdom and/or the United
States of America if such information is requested by those governments. If Confidential
Information is disclosed to overseas Governments under this paragraph 5.18.3, it will be done
so on a confidential basis.
5.18.4
Each Respondent acknowledges that the Crown’s obligations under paragraph 5.18.1 above
are subject to requirements imposed on the Crown by the Official Information Act 1982 (OIA),
1982
the Privacy Act 2020, parliamentary and constitutional convention and any other obligations
imposed by law. The Crown will not be in breach of its obligations if Confidential Information is
disclosed by the Crown to the appropriate authority because of suspected collusive or anti-
competitive behaviour. Where the Crown receives an OIA request that relates to the
Act
Respondent’s Confidential Information, the Crown 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, but nothing in this RFP will prevent the Crown from
complying with its obligations under the OIA, parliamentary and constitutional convention and
any other obligations implied by law.
5.18.5
By submitting a Proposal, the Respondent authorises the Crown to collect and use any
information in respect of the Respondent and the parties named in its Proposal. The
Respondent (and such parties) may require the Crown to update or correct that information.
Information
5.19
Confidentiality of RFP information
5.19.1
The Respondent agrees to keep any information provided in relation to the RFP that is not
publicly available strictly confidential at all times, including beyond the conclusion of the RFP
process.
Official
5.19.2
A Respondent may disclose any confidential RFP information to any person described in
paragraph 5.18.2 above 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
the
Information to any other person or use Confidential Information for any purpose other than
responding to the RFP.
5.19.3
The Respondent agrees not to make any public statement, advertisement or announcement to
any third party in relation to any aspect of the RFP, the RFP process or the award of any
under
contract without the Crown’s prior written consent.
5.20
Costs of participating in the RFP process
5.20.1
Each Respondent will meet its own costs associated with the preparation and presentation of
its Proposal (including attending any industry days, briefings, site visits, presentations or
meetings) and any negotiations and no such costs will be included in or attributed to the price,
nor will the Respondent recover, or attempt to recover, such costs from the Crown or any other
Released
party in any other manner.
5.21
Ownership of documents
5.21.1
The RFP and its contents remain the property of the Crown.  All Intellectual Property rights in
the RFP remain the property of the Crown or its licensors. The Crown may request the
immediate return or destruction of any or all RFP documents and any copies.  Each
Respondent must comply with any such request in a timely manner.
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link to page 37 link to page 43 link to page 40 link to page 41 link to page 40 link to page 37 link to page 43 5.21.2
All documents forming the Proposal will, when delivered to the Crown, become the property of
the Crown.  Proposals will not be returned to Respondents at the end of the RFP process and
may be retained or destroyed by the Crown at the Crown’s sole discretion.
5.21.3
Ownership of Intellectual Property rights in the Proposal remain the property of the
Respondent or its licensors. However, the Respondent grants to the Crown a non-exclusive,
perpetual, royalty-free licence to retain, use, copy and disclose information contained in the
Proposal for any purpose related to the RFP process and all such purposes contemplated in
this RFP.
5.22
No binding legal relations
5.22.1
Neither the RFP, nor the RFP process, creates a process contract or any legal relationship
1982
between the Crown and any Respondent, except in respect of:
(a)
the Respondent’s declaration in its Proposal;
Act
(b)
the Proposal Validity Period;
(c)
the Respondent’s statements, representations and/or warranties in its Proposal and in
its correspondence and negotiations with the Crown; and
(d)
the standard RFP conditions set out in paragraphs 5.14 to 5.27.
5.22.2
Each exception in paragraph 5.22.1 above is subject only to the Crown’s reserved rights in
Information
paragraph 5.24.
5.22.3
Except for the legal obligations set out in paragraph 5.22.1 above, no legal relationship is
formed between the Crown and any Respondent unless and until an Acquisition Contract is
entered into between those parties, at which time the only legal relationship between the
Crown and the successful Respondent is as set out in the Acquisition Contract.  No legal
relationship is formed between the NZDF and any Respondent (or its support organisation)
Official
unless and until a TLS Contract is entered into between those parties, at which time the only
legal relationship between the relevant parties is as set out in the TLS Contract.
the
5.23
Elimination
5.23.1
The Crown may exclude a Respondent from participating in the RFP if the Crown has
evidence of any of the following, and this is considered by the Crown to be material to the
RFP:
under
(a)
the Respondent has acted in breach of any of paragraphs 5.14 to 5.27;
(b)
the Respondent has failed to provide all information requested, or in the correct format,
or materially breached a term or condition of the RFP;
(c)
the Respondent has failed to meet any security requirements or restrictions;
Released
(d)
the Proposal contains a material error, omission or inaccuracy;
(e)
the Respondent is in bankruptcy, receivership or liquidation or suffers from an
insolvency administration;
(f)
the Respondent has made a false declaration;
(g)
there is a serious performance issue in a historic or current contract delivered by the
Respondent;
Page 40 of 72

(h)
the Respondent has been convicted of a serious crime or offence;
(i)
there is professional misconduct or an act or omission on the part of the Respondent
that adversely reflects on the integrity of the Respondent, in the opinion of the Crown;
(j)
the Respondent has failed to pay taxes, duties or other levies;
(k)
the Respondent represents a threat to national security or the confidentiality of sensitive
government information;
(l)
the Respondent is a person or organisation designated as a terrorist by New Zealand
Police or any other Crown organisation permitted to validly make such designations;
1982
(m)
serious and credible allegations of human rights violations by the Respondent or any
person or party in the Respondent’s group or supply chain; and/or
Act
(n)
any matter that materially diminishes the Crown’s trust and confidence in the
Respondent or its proposed solution.
5.24
Crown’s additional rights
5.24.1
Despite any other provision in the RFP the Crown may, on giving due notice to Respondents:
(a)
amend, suspend, cancel and/or re-issue the RFP, or any part of the RFP; and/or
Information
(b)
make any material change to the RFP (including any change to the timeline, Statement
of Requirements or evaluation approach) provided that Respondents are given a
reasonable time within which to respond to the change.
5.24.2
Despite any other provision in the RFP, the Crown may:
Official
(a)
change any date in this RFP process;
(b)
permit any person to participate in the RFP process, prior to the Proposal Closing Time;
the
(c)
answer a question submitted after the deadline for questions;
(d)
accept a late Proposal;
under
(e)
exclude any person from participation in the RFP process due to Government policy or
direction, security or operational requirements or otherwise;
(f)
not respond to any enquiry if at any time any required security clearances have not been
granted to, or are revoked in respect of, the enquiring Respondent or any of its
representatives;
(g)
not deal any further with any Respondent if any security requirements or restrictions are
not, are no longer, or have not been, met or observed at any time by that Respondent or
Released by any of its respective representatives;
(h)
restrict or deny the supply of, or access to, any Crown or NZDF site or other property or
any of the Crown’s or the NZDF’s personnel, information or property to any person;
(i)
accept or reject any Proposal, or part of any Proposal;
(j)
accept or reject any non-affordable, non-compliant, non-conforming or alternative
Proposal;
Page 41 of 72

link to page 40 link to page 41 link to page 41 (k)
without limiting paragraph 5.23.1, eliminate any Respondent from participating further in
the RFP process for any reason;
(l)
decide not to accept the lowest priced conforming Proposal;
(m)
decide not to enter into a contract with any Respondent;
(n)
liaise or negotiate with any supplier at any time, without disclosing this to, or doing the
same with, any Respondent;
(o)
decide not to proceed to contract negotiation with any of the Respondents;
(p)
provide or withhold from any Respondent information in relation to any question arising
1982
in relation to the RFP. Information will usually only be withheld if it is deemed
unnecessary, is commercially sensitive to a Respondent, is inappropriate to supply at
the time of the request or cannot be released for legal or security reasons;
Act
(q)
amend the draft Acquisition Contract or the draft TLS Contract at any time, including
during negotiations;
(r)
re-advertise this RFP;
(s)
cancel this RFP process or the Utility Vehicles sub-Project at any time;
(t)
have any of the Crown’s personnel view and inspect any premises and other facilities
Information
and equipment of any Respondent, and of the proposed subcontractors of the
Respondent, at reasonable times as part of the process of assessing the Respondent’s
ability (including risk assessment) to meet the Crown’s criteria set out in this RFP;
(u)
select one or more Respondents and invite such Respondents to participate in a closed
BAFO;
Official
(v)
seek clarification of any aspect of information provided in a Proposal (and require the
Respondent to revise its Proposal to reflect such clarifications), and to seek further
information from any party, but the Crown is not required to seek such clarification or
the
further information;
(w)
deal separately with any of the elements of the service and/or product, unless the RFP
specifically states that those elements shall be taken collectively;
under
(x)
waive irregularities or requirements in or during the RFP process where it considers it
appropriate and reasonable to do so;
(y)
not give reasons for any rejection, failure or otherwise of any Respondent or Proposal,
or any suspension or cancellation of this RFP process; and/or
(z)
otherwise run this RFP process as it sees fit.
Released
5.24.3
For the avoidance of doubt, the Crown reserves all rights it may have against each
Respondent for any false, misleading or deceptive conduct.
5.24.4
With regard to the Crown’s additional rights set out in paragraphs 5.24.1 and 5.24.2 above,
such rights are to be construed in accordance with the widest possible interpretation,
notwithstanding any examples included in those paragraphs.
5.24.5
For the avoidance of doubt, the Crown is not bound to shortlist or to negotiate with any
Respondent, and issue of this RFP does not legally oblige or otherwise commit the Crown to
Page 42 of 72

link to page 32 proceed with or follow the process outlined in this RFP, or to evaluate any particular
Respondent’s Proposal.
5.25
New Zealand law
5.25.1
The laws of New Zealand will 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.
5.26
Disclaimer
5.26.1
Neither the Crown nor any of its agents, representatives or advisers will be liable in contract,
1982
tort (including negligence), 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.
Act
5.26.2
Nothing contained or implied in the RFP, or RFP process, or any other communication by the
Crown to any Respondent will be construed as legal, financial or other advice. The Crown has
endeavoured to ensure the integrity of such information. However, it has not been
independently verified and may not be updated.
5.26.3
To the extent that liability cannot be excluded, the maximum aggregate liability of the Crown,
its agents and advisors is $1.
5.26.4
This RFP process affects no executive or prerogative power or right, or any immunity, of either
Information
the Crown or the NZDF.
5.27
Precedence
5.27.1
Any conflict or inconsistency in the RFP will be resolved by giving precedence in the following
descending order:
Official
(a)
section 5 of this Part One;
the
(b)
all other sections and Parts of this RFP document; and
(c)
any additional information or documentation provided by the Crown to Respondents
through the Crown’s Contact Officer or GETS, unless in providing such information the
Crown expressly notes that the information will have a different level of precedence.
under
5.27.2
If there is any conflict or inconsistency between information or documents having the same
level of precedence, the later information or document will prevail.
Released
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6.
GLOSSARY
Terms capitalised in the RFP but not defined in this Glossary (or the relevant Glossary applicable to
each part of the SOR) have the meanings given to them in the Acquisition Contract at Part Three of this
RFP.  Annex F of the Statement of Requirements at Part Two of this RFP provides further definitions
relating to the requirements.
Abbreviation
Description
BAFO
Best and Final Offer
C4I
Command, Control, Communications, Computers and Intelligence
1982
F-34
a military kerosene-type aviation turbine fuel
Act
GETS
Government Electronic Tenders Service
GFE
Government Furnished Equipment
GFI
Government Furnished Information
GFM
Government Furnished Materiel (includes GFE and GFI - see
definition in the Acquisition Contract)
ILS
Integrated Logistics Support
Information
NZTA
Waka Kotahi, the New Zealand Transport Agency
NZDF
New Zealand Defence Force
RFP
Request for Proposal
Official
ROPS
Roll Over Protection Structure
SOR
Statement of Requirements
the
SWAP-C
Space, Weight And Power + Cooling
TLS
Through Life Support
under
TLSC
Through Life Support Contract
UV-L
Utility Vehicles – Light
UV-M
Utility Vehicles - Medium
UV-M/L
The UV-M and the UV-L together

Released
Term
Definition
Acquisition Contract
means the form of acquisition contract, set out in draft in Part Three
to this RFP, that the Crown will require any successful Respondent to
sign in relation to the acquisition element of the Project.
Page 44 of 72

link to page 32 Term
Definition
Acquisition Contractual
means the statement of compliance with respect to the draft
Compliance Matrix
Acquisition Contract to be completed by the Respondent and
provided as part of its Proposal.
Acquisition Pricing Proforma
means the pricing proforma issued with this RFP that is to be
completed and submitted by each Respondent, in accordance with
the instructions set out in Schedule 5 (Price information) to this Part
One, in relation to the Acquisition element of the Utility Vehicles sub-
Project.
Acquisition SOR Compliance
means the statement of compliance with respect to Enclosure 1 of
1982
Matrix
Part Two (the Acquisition SOR) to be completed by the Respondent
and provided as part of its Proposal. The Acquisition SOR
Compliance Matrix document is a copy of the Acquisition SOR
Act
spreadsheet, as completed by the Respondent by adding the
required information to the columns headed "RFP Response”, "Does
not comply”, “Complies with Threshold” and/or ”Exceeds Threshold”.n
Excel spreadsheet that forms part of this RFP.
means the secondary benefits that are generated due to the way
goods, services or works are procured or delivered.  They include
Broader Outcomes
economic, environmental, social and cultural outcomes.  More
information is available at www.procurement.govt.nz.
Information
Business Day
means a day that is a business day for a trading bank in Wellington,
New Zealand (excluding Saturdays, Sundays and public holidays in
Wellington, New Zealand and excluding the period from 23
December until 5 January (inclusive) in any year) and runs from
8.30am until 4.30pm.
Compliance Matrix
means each Contractual Compliance Matrix and each SOR
Official
Compliance Matrix.
Complies
in relation to a Respondent’s statement of compliance means:
the
and
a.
in the case of a clause that imposes a contractual condition, that
the condition is agreed exactly as set out in the RFP;
Complies with Threshold
b.
in the case of a provision that specifies a characteristic or
performance to be met by the Contract Deliverables to be
provided, that the Respondent and proposed Contract
under  Deliverables meet the requirement, characteristic or
performance standard as specified and agrees with the clause
exactly as specified in the RFP;
c.
in the case of a provision that is of an informative nature only,
that the clause has been read, understood and is agreed; or
d.
in the case of a provision where information has been
requested, that the information has been provided in the
required level of detail and in the required format.
Released
Conditions of Proposal
means the Conditions of Proposal set out in section 5 of this Part
One.
Confidential Information
means information that relates to this RFP or the RFP process and:
a.
is by its nature confidential;
b.
is marked by either the Crown or the Respondent as
‘confidential’, ‘commercially sensitive’, ‘sensitive’, ‘in
confidence’, ‘top secret’, ‘secret’, ‘classified’ and/or ‘restricted’;
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link to page 5 link to page 28 Term
Definition
c.
is provided by the Crown, the Respondent or a third party in
confidence; or
d.
the Crown or the 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 Crown or a Respondent,
or that the Crown releases under New Zealand law.
Contact Officer
means the person identified in paragraph 1.4.2 of this Part One.
Contracts
means the form of:
1982
a.
the Acquisition Contract, set out in draft in Part Three to this
RFP, that the Crown will require any successful Respondent to
sign; and
Act
b.
the TLS Contract, set out in draft in Part Three to this RFP, that
the NZDF will require any successful Respondent to sign,
and Contract means either of them (as may be relevant in the
context).
Contractual Compliance
means the Acquisition Contratual Compliance Matrix and the TLS
Matrices
Contratual Compliance Matrix, and Contratual Compliance Matrix
means either of them.. Each Contractual Compliance Matrix
document is an Excel spreadsheet that forms part of this RFT, once
issued.
Information
Costed Option
means each Crown Costed Option and each Respondent Costed
Option.
Crown
refers to the Ministry of Defence, being a public service department of
the New Zealand government.
Official
Crown Contractor
has the meaning given to it in paragraph 2.5.3Error! Reference
source not found..
the
Crown Costed Option
means the relevant deliverable(s) and/or service(s) described as
such in the Statement of Requirements set out in Part Two of this
RFP, being optional requirements that the Crown may explore and
consider for possible acquisition, but will not be required to select or
procure other than at its sole discretion, without impacting the
under Crown’s ability to procure or contract for the provision of the Contract
Deliverables.
Does Not Comply
means that the “Complies” definition cannot be applied, for whatever
reason, and the response is therefore “Does Not Comply”.
Evaluation Criteria
means the criteria set out in the table at paragraph 4.2 of this Part
One.
Released
Exceeds Threshold
means that the proposed Contract Deliverables exceed the specified
Threshold requirement, characteristic or performance standard. The
Proposal must provide full details of the extent of variation from the
Threshold requirement, characteristic or performance standard.
ITAR
means the International Traffic in Arms Regulations promulgated by
the United States Government controlling the import and export of
Page 46 of 72

link to page 26 link to page 22 link to page 4 link to page 12 Term
Definition
defence-related articles and services on the United States Munitions
List.
Māori Business
means either:

a.
a business that has at least 50% Māori ownership; or
b.
a Māori Authority as defined by the New Zealand Inland
Revenue Department.
Ministry of Defence or MoD
means the Ministry of Defence, being a public service department of
the New Zealand government.
1982
Month
means a period from, and including, a day in one calendar month up
to but not including the numerically corresponding day in the following
calendar month.
Act
has the meaning given to it in the Government Procurement Rules
(4th Ed), being a business that originated in New Zealand (not being a
New Zealand Business
New Zealand subsidiary of an offshore business), is majority owned
or controlled by New Zealanders, and has its principal place of
business in New Zealand.
means a New Zealand Business as well as any other company
New Zealand entity
incorporated in New Zealand, whether or not it otherwise meets the
definition of New Zealand Business.
Information
NZDF
means the New Zealand Defence Force as constituted by
section 11(1) of the Defence Act 1990.
Pre-Conditions
means the conditions that each Proposal must meet in order to pass
the initial conformity and compliance check in paragraph 4.1.2, as
listed in paragraph 3.2.
Official
Preferred Respondent
means one or more Respondents the Crown evaluates to have the
submitted the highest ranked Proposal(s).
the
Pricing Proformas
means the Acquisition Pricing Proforma and the TLS Pricing
Proforma. Each of the Pricing Proformas is an Excel spreadsheet that
forms part of this RFT, once issued.
under
Proposal
means a Proposal submitted by a party in response to this RFP.
Proposal Closing Time
has the meaning given to it in paragraph 1.3 of this Part One.
Proposal Deliverables
means the information required to be provided by a Respondent in its
Proposal, as set out in Schedules 1 to 8 of this Part One.
Proposal Validity Period
means a period from the Proposal Closing Time, during which each
Proposal remains open for acceptance by the Crown, is irrevocable
Released
and is not capable of being withdrawn or modified by the Respondent
except with the written consent of the Crown, as set out in paragraph
2.8.
Public Value
has the meaning given to it in the Government Procurement Rules
(4th Ed), available at www.procurement.govt.nz, being:
Public Value means the best available result for New Zealand for the
money spent.  It includes using resources effectively, economically
and responsibly, and taking into account:
Page 47 of 72

Term
Definition
a.
the procurement’s contribution to the results the Crown is trying
to achieve, including any Broader Outcomes the Crown is trying
to achieve; and
b.
the total costs and benefits of a procurement (total cost of
ownership).
The principle of Public Value when procuring, goods, services or
works does not mean selecting the lowest price but rather the best
possible outcome for the total cost of ownership (over the whole of
life of the goods, services or works).
See also the description of, and figure showing, Public Value at
1982
pages 10 and 11 of the Government Procurement Rules for more
information.
Act
Request for Proposal or RFP
means Part One (Instructions and Conditions of Proposal), Part Two
(the Statement of Requirements), Part Three (the draft Contracts),
the Compliance Matrices and the Pricing Proformas, which all form
part of the Request for Proposal.
Respondent
means each party submitting a Proposal in response to, and in
accordance with, this RFP, and where the context requires, includes
prospective Respondents.
Respondent Costed Option
means the relevant deliverable(s) and/or service(s) described and
Information
offered by the Respondent in its Proposal as an option for the Crown
to consider to enhance the Respondent’s offered solution in order to
meet a Crown requirement that the Respondent’s offered solution will
not otherwise meet. Each Respondent Costed Option is an option
that the Crown may explore and consider for possible acquisition, but
will not be required to select or procure other than at its sole
discretion, without impacting the Crown’s ability to procure or contract
Official
for the provision of the Contract Deliverables.

means that the proposed Contract Deliverables exceed the specified
the
requirement, characteristic or performance standard by the extent
Exceeds Threshold
defined in each requirement. The Proposal must provide full details
of the extent of variation from the Threshold requirement,
characteristic or performance standard.
SOR Compliance Matrices
means each of the Acquisition SOR Compliance Matrix and the TLS
under SOR Compliance Matrix.
Statement of Requirements or
means the Statement of Requirements forming Part Two of this RFP,
SoR
including any Enclosures, Schedules or Annexes to it, which defines
the operational, technical and logistical requirements of the Crown
and the through life support requirements of the NZDF for the goods
and services that are to be supplied by the successful contractor.
Enclosure 1 of the SOR will be converted into Part 1 of the Technical
Released
Specification for inclusion in the Acquisition Contract prior to the
Contract Execution Date.  Enclosure 2 of the SOR is in the form of a
draft Statement of Work (SOW) for the TLS, which will be converted
into the agreed Statement of Work for inclusion in the TLS Contract
prior to the Contract Execution Date.
Through Life Support or TLS
means the support of the Contracted Capability throughout its
lifespan, in accordance with the Through Life Support requirements
set out in Enclosure 2 of Part Two.
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Term
Definition
Time
references to time in this RFP are either to New Zealand Daylight
Savings Time (NZDT) or New Zealand Standard Time (NZST),
whichever prevails in New Zealand at the relevant time.
TLS Contract
means the form of Through Life Support contract, set out in draft in
Part Three to this RFP, that the NZDF will require any successful
Respondent (or its appropriate maintenance organisation) to sign in
relation to the TLS of the applicable component of the Utility Vehicles
sub-Project.
TLS Contractual Compliance
means the statement of compliance with respect to the draft TLS
1982
Matrix
Contract to be completed by the Respondent and provided as part of
its Proposal.
Act
TLS Pricing Proforma
means the pricing pro-forma issued with this RFP that is to be
completed and submitted by each Respondent, in accordance with
the instructions set out in Schedule 5 (Price information) to this Part
One in relation to the TLS element of the Utility Vehicles sub-Project.
TLS SOR Compliance Matrix
means the statement of compliance with respect to Enclosure 2 of
Part Two (the draft TLS SOW) to be completed by the Respondent
and provided as part of its Proposal. The TLS SOR Compliance
Matrix document is an Excel spreadsheet that forms part of this RFP.
Information
Utility Vehicle sub-Project
means the sub-project for the Crown to acquire Utility Vehicles
Medium/Light, the subject of this RFP.
Whole of Life Costs or WOLC
means the estimated costs to maintain and support the Contract
Deliverables over their intended lifetime.
Official
the
under
Released
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link to page 32
Schedule 1:  Declaration
Respondents must provide a binding declaration in the following format:
[INSERT FULL LEGAL NAME OF RESPONDENT] hereby submits its Proposal to provide [all of the/the
UV-M/the UV-L] (delete as applicable) Contract Deliverables solicited by RFP 1-439-4 (the RFP).
By submitting its Proposal, the Respondent acknowledges and agrees that:
(a)
the Respondent has read, fully understands and accepts all terms and conditions set out in the
Conditions of Proposal (contained in section 5 of Part One of the RFP) and accepts that the
Crown has the rights set out in the RFP;
1982
(b)
its Proposal is prepared in accordance with the RFP and is accurate, complete and not
misleading;
Act
(c)
nothing in the Proposal breaches the Intellectual Property rights of any third party;
(d)
the Crown can collect and utilise all relevant information about the Respondent’s performance
(except commercially sensitive pricing information) from any relevant third party, including a
referee or previous or existing client, in the evaluation of the Proposal and on Crown procurement
activities;
(e)
the Respondent has the financial viability to successfully implement any subsequent contract(s)
for the full scope of supplies and services required by the RFP;
Information
(f)
the Respondent has the necessary capacity and capability to fully meet or exceed the mandatory
requirements set out in the Statement of Requirements and will be available to deliver throughout
the Acquisition Contract period and the TLS Contract period;
(g)
the Respondent has conducted itself in a manner that is at least consistent with the Crown’s
obligations to act in accordance with the applicable Crown procurement framework, for example
to ensure certainty of costs and best Public Value;
Official
(h)
the Crown can rely on the Proposal in accurately assessing compliance with the RFP, risks and
risk management options and Public Value in accordance with the RFP;
the
(i)
representations made in the Proposal when incorporated in any resultant contract will be fully
complied with by the Respondent;
(j)
the Respondent has no actual, potential or perceived conflict of interest in submitting its Proposal,
or entering into a contract to deliver any part of the Utility Vehicles sub-Project, other than as
under
declared below; and
(k)
if a conflict of interest does arise during the RFP process, the Respondent will report it
immediately to the Contact Officer.
The Respondent hereby certifies its compliance with the Pre-Conditions as follows:
Pre-Condition
Compliance
Remark
Released
Each Utility Vehicle offered will be delivered
[Fully complies/does not
N/A
as a complete vehicle by a prime
fully comply] (delete one)
contractor.  The prime contractor will act as
the design authority for the relevant
vehicles, and be responsible for all Contract
Deliverables under the Acquisition Contract
for those vehicles, which will include
publications, support data, safety
information, initial Spares and Support and
Page 50 of 72

Pre-Condition
Compliance
Remark
Test Equipment and initial training
packages and training course delivery.
All Utility Vehicles offered are right hand
[Fully complies/does not
[Currently RHD / RHD will be
drive and comply with all New Zealand legal  fully comply] (delete one)
developed] (delete one)
requirements for driving on the left side of
roads. If right hand drive does not already
If yet to be developed, when it
exist and needs to be developed, the
will be ready for production:
degree of technical and schedule risk will
[insert date]
be assessed as part of the RFP evaluation.
1982
All Utility Vehicles offered operate on diesel
[Fully complies/does not
N/A
fuel (primary) and F-34 fuel (secondary).
fully comply] (delete one)
The need to deploy these vehicles to
Act
operational areas and on disaster relief
tasks also requires that the engines can
tolerate a range of fuel quality.
All Utility Vehicles offered have either a fully  [Fully complies/does not
[Fully automatic transmission
automatic transmission or an electronically
fully comply] (delete one)
/ electronically controlled
controlled transmission.
transmission] (delete one)
All Utility Vehicles offered have a 24-28 volt
[Fully complies/does not
N/A
electrical system to charge the vehicle
fully comply] (delete one)
Information
batteries and radio batteries (when fitted) in
accordance with QSTAG 307, MIL-STD-
1275 and MIL-STD-461.  The alternator
must have a stable output suitable for and
have no adverse effect on the vehicles’
electrical/electronic system and powering
and charging of auxiliary equipment and  Official
batteries.
All Utility Vehicles offered are able to ford
[Fully complies/does not
N/A
the
through a depth of at least 750 mm in salt
fully comply] (delete one)
water.
All Utility Vehicles offered have an enclosed  [Fully complies/does not
N/A
cab with rigid skin and windows.
fully comply] (delete one)
under
All UV-L are less than six tonne Gross
[Fully complies/does not
N/A
Vehicle Mass (GVM) while carrying the
fully comply/UV-L not
payloads defined in Table 1 – Utility Vehicle
offered] (delete two)
Variants of Part One of the RFP.
All variants of the UV-M have the useable
[Fully complies/does not
N/A
payloads defined in Table 1 – Utility Vehicle
fully comply/UV-M not
Released
Variants of Part One of the RFP.
offered] (delete two)
UV-M and UV-L, each or in combination if
[Fully complies/does not
[Respondent to explain the
they have largely common components,
fully comply] (delete one)
basis on which it claims
must have at least 1,000 vehicles in current
compliance, including
service with other customers.
clarification of the similarities
and difference between
previous models]
Page 51 of 72

The Respondent warrants that it (and each of its related companies and each of its constituent
members):
i.
has not entered into any improper, illegal, collusive or anti-competitive arrangements with any
competitor or undertaken any anti-competitive behaviour of any kind or any behaviour that could
reasonably be perceived by others as being anti-competitive;
ii.
has not taken any actions or steps, or implied that it might or will take actions or steps in the
future, that have or could be perceived to have either breached the Commerce Act 1986 or to
otherwise have lessened, or had the potential to lessen, competition in relation to this RFP;
iii.
has not directly or indirectly approached any representative of the Crown (other than the Contact
Officer) to lobby or solicit information in relation to the RFP; and
1982
iv.
has not attempted to influence or provide any form of personal inducement, reward or benefit to
any representative of the Crown.
Act
The information provided in this Proposal and offer constituted within in it are valid for the Proposal
Validity Period and the Respondent agrees that the information and offer are irrevocable during that time
period.
Conflict of interest declaration
Conflict(s) of interest (including perceived,
Explain how the Respondent proposes to
potential and actual) – provide details
manage the conflict of interest
Information

Official
REGISTERED OFFICE OR OTHER POSTAL ADDRESS OF RESPONDENT:
_________________________________________________________________________________
the
_________________________________________________________________________________
TELEPHONE NUMBER:
E-MAIL ADDRESS:
under
__________________________

  ________________________
Signature of Respondent or person authorised to sign the Proposal on behalf of Respondent:
SIGNATURE:
DATE OF SIGNATURE:
_____________________________
________________________
NAME (Block Letters):
POSITION HELD:
Released
____________________________
________________________
SIGNATURE OF WITNESS:
ADDRESS OF WITNESS:
____________________________
_________________________
NAME (Block Letters):
____________________________
Page 52 of 72

Representative nominated to receive correspondence/enquiries on behalf of Respondent:
NAME (Block Letters):
TELEPHONE NUMBER:
____________________________
__________________________
EMAIL ADDRESS:
____________________________

1982
Act
Information
Official
the
under
Released
Page 53 of 72

Schedule 2:  Proposal overview
1.
Executive summary
An executive summary of the Proposal must be provided in the Respondent’s preferred format.
The executive summary must include a clear statement about which elements of the Utility
Vehicles sub-Project the Proposal covers (e.g., both UV-M and UV-L, just UV-L or just UV-M).
2.
Company profile/Respondent’s ability to supply
The Respondent must provide the following information:
1982
(a)
the Respondent’s background, experience and resources relevant to its ability to meet
the requirements (including design and development aspects) of this RFP and the
Contract Deliverables;
Act
(b)
details of any other matters relating to commercial, technical or financial capability of the
Respondent that may materially affect the Respondent’s ability to perform the
obligations under any resultant contract;
(c)
details of any orders, contracts, joint ventures, collaborations with other firms or
companies or any other commitments relevant to the Respondent’s ability to meet the
requirements of this RFP and the Contract Deliverables;
(d)
the following details of the Respondent, as applicable:
Information
(i)
the full legal name of the Respondent;
(ii)
any trading or business name;
(iii)
if a company:
Official
(A)
the registered office, principal place of business, the location(s) where work
in relation to the Contracted Capability would be completed (if the
Respondent is successful) and an outline of the company structure;
the
(B)
the date and place of incorporation;
(C)
individual shareholders holding 20 per cent or more of any issued share
capital (including the full name and country of origin of those shareholders);
under
(D)
the names and residency of all directors;
(E)
the senior management team of the company (including a summary of
organisation structure), together with the names of the members of the
company’s management group responsible for the Proposal and
subsequent administration of the Acquisition Contract if the Proposal is
successful;
(F)
the names and curricula vitae of the Respondent’s Key Personnel who will
Released  be involved in the Utility Vehicles sub-Project of the Respondent is
successful, including as a minimum:
(I)
Contract Manager;
(II)
Project Manager;
(III)
Chief Engineer (Engineering/design);
Page 54 of 72

(IV)
Through Life Support Manager; and
(V)
Test Director/Manager;
(iv)
if not a company, the principal place of business, the location(s) where work in
relation to the Contracted Capability would be completed (if the Respondent is
successful) and an outline of the Respondent’s structure;
(v)
financial substance and status of the Respondent, including the most recent
financial statements of the Respondent;
(vi)
whether the Respondent is a Māori Business (as defined in the Glossary);
1982
(vii)
particulars of any foreign national or foreign bodies or organisations in a position
to exercise or influence control over the Respondent; and
(viii)  for a foreign (non-New Zealand) firm or company the name of any New Zealand
Act
representative (if any);
(e)
any security clearances held by the Respondent (and the relevant constituent members,
including all subcontractors who will handle or have access to any classified material) at
the time of submission of the Proposal, including the entity who granted that clearance
(if none are held, please state this);
(f)
identification of any trust or fiduciary capacity in which the Respondent proposes to
perform any resultant contract;
Information
(g)
particulars of any civil or criminal litigation or proceeding, actual or threatened involving
either the Respondent or its directors, or the existence of any breach or default of any
agreement, order or award binding on the Respondent or any judgment or decision that
is likely to adversely affect the Respondent’s performance of any resultant contract; and
(h)
information around how it complies with, and will comply in the future with, the New
Zealand Government’s Supplier Code of Conduct (a copy of which is available at
Official
www.procurement.govt.nz).
3.
Past performance  the
The Respondent must provide a report defining the following:
(a)
details of past projects of similar scope, technology and magnitude, involving all or some
of the Respondent and its proposed subcontractors (if any), including:
under
(i)
contract title including links to websites for which further public domain
information may be reviewed;
(ii)
project name and identification of the procurement agency;
(iii)
the relevant members of the Respondent group involved in the project;
(iv)
responsibility as either prime contractor/subcontractor;
Released
(v)
description of product or service provided;
(vi)
contract (or subcontract) date;
(vii)
the location and the nature of work; and
Page 55 of 72

link to page 9 link to page 54 (viii)  period of time for each phase, on a basis comparable with the phases of the
Utility Vehicles sub-Project (i.e., design; build and test; install and Accept; through
life support), to the extent applicable; and
(b)
experience in providing training and support, and for non-New Zealand entities,
particularly to a customer who may be a large distance away.
4.
Referees
The Respondent must provide details of three referees that have obtained comparable goods
and services similar to the Contract Deliverables sought by the Acquisition Contract, and at
least one referee who has obtained comparable goods and services similar to the TLS
requirements (who may be the same as one of the three Acquisition Contract referees, if
1982
applicable).  Details for each referee must follow the format in the table below:
Referee #1
Act
Name

Organisation

Position

Phone number

E-mail address
  Information
Brief description of this person’s prior

involvement with the Respondent (or the
relevant subcontractor, if applicable)
Is this person fluent in English
Yes / No
Official
If not fluent in English, what languages is the

referee fluent in?
the
Is this person aware they have been
Yes / No
nominated as a referee?
Brief description of comparable goods and

services similar to scope of Contract
under
Deliverables
5.
Schedule of Major Subcontractors and Crown Contractors
The Respondent must provide details of any proposed Major Subcontractors for the acquisition
phase (as defined in the draft Acquisition Contract) and any Crown Contractors (see
paragraph 2.5 of this Part One) in the following format, and for each, the Respondent must
also provide the details set out in paragraph 2(d) of this Schedule 2 in respect of each.
Released
Proposed Major
Country of formation/
Work to be
Estimate of likely
Subcontractor or Crown
incorporation /
subcontracted, including
value of
Contractor (legal name,
registration and
technical significance
subcontract(s)
trading name, address
details (e.g., company
and currency
and website)
number)

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link to page 44
Schedule 3:  Commercial
Acquisition Contract only
1.
Acquisition Contractual Compliance Matrix
1.1.
Only in exceptional circumstances will the Crown accept a Proposal that does not materially
comply with the terms and conditions set out in the draft Acquisition Contract. Failure to
submit a Proposal that materially complies with the terms and conditions set out in the draft
Acquisition Contract may result, at the discretion of the Crown, in that Proposal being rejected
and/or receiving no further consideration from the Crown.
1982
1.2.
The Respondent must state its compliance or otherwise with each clause of the draft
Acquisition Contract and each Annex to the draft Acquisition Contract in accordance with the
following requirements by completing the spreadsheet entitled
“Part_1_Schedule_3_Acquisition_Contractual_Compliance_Matrix.xls” provided as part of this
Act
RFP. Responses are to be limited to the following expressions, which are defined in the
Glossary in section 6 of this Part One:
(a)
complies; or
(b)
does not comply.
If any other term is used, the Respondent’s response with respect to that clause will be
deemed to be “does not comply”, and the response will be evaluated accordingly.
Information
1.3.
If a Proposal does not comply with a particular clause or paragraph of the draft Acquisition
Contract, the Respondent must state in its Acquisition Contractual Compliance Matrix:
(a)
the full extent, reason, justification and impact of non-compliance; and
(b)
a proposed alternative clause.
Official
1.4.
Should a Respondent not provide the completed Acquisition Contractual Compliance Matrix in
a form that complies with the above requirements, its Proposal may be deemed invalid and the
Crown may elect not to evaluate it.
the
1.5.
The Respondent must provide separately a summary list of clauses of the Acquisition Contract
in respect of which it does not comply. The Respondent must specify any savings or benefits
to the Crown that will arise for the Crown if the Respondent’s alternative term is accepted.
under
1.6.
The Respondent must also include in the Acquisition Contractual Compliance Matrix its
suggested inserts for each item in the draft Acquisition Contract that is highlighted in yellow,
for the Crown to consider should the Respondent be selected as the Preferred Respondent.
2.
Importation of Contract Deliverables and export Approvals
2.1.
If the Respondent is proposing to import Contract Deliverables in connection with the
Acquisition Contract, it must provide in its Proposal:
Released
(a)
an indication of what is being imported and into which countries;
(b)
a written statement setting out the countries of original manufacture of all Contract
Deliverables to be sourced outside of New Zealand;
(c)
evidence from the government of the country of origin that the Respondent has obtained
or would be able to obtain export Approval for those items (including classified
Page 57 of 72

link to page 24 technology or technical information embedded within the Contract Deliverables) if the
Respondent is awarded any resultant contract;
(d)
identification of any specific limitations or provisos that the government of the country of
origin could reasonably be expected to place on the export Approval with respect to
individual items of offered Contract Deliverables;
(e)
other Approvals required in addition to, or as part of, the grant of export Approvals (e.g.,
import Approvals, technical assistance agreements) and the impact of gaining such
Approvals on the timeframe for delivery of the Utility Vehicles sub-Project;
(f)
details of any rejected application for, or refusal to grant, an export or import Approval
for goods similar to the Contract Deliverables that might have a bearing on any
application to export or import the Contract Deliverables;
1982
(g)
details of any ITAR (or other export control) restrictions on the Contract Deliverables;
and
Act
(h)
information on how the Respondent proposes to transport/ship items that require special
handling such as classified equipment/information or explosives.
2.2.
Each Proposal must:
(a)
contain confirmation from the Respondent that all required state or government licences
and clearances for the export or other release of technology or technical information (in
particular with respect to classified technology, technical information or ITAR (or similar)
restrictions) embodied within the Contract Deliverables to be supplied to the Crown have
Information
been received by the Respondent; and/or
(b)
describe the procedures and steps that the Respondent has taken or is required to take
in order to obtain all necessary state or government licences and clearances for the
release of the technology or technical information embodied within the Contract
Deliverables and must specify the estimated time the Respondent anticipates will be
required to obtain such licences and clearances and the specific steps the Respondent
Official
will take to expedite obtaining such licences and clearances.
2.3.
The Crown may, at its sole discretion, determine that it will not enter into an Acquisition
the
Contract with the Respondent unless the Crown is satisfied that all required export licences
and clearances that may be required by the Respondent have been obtained, or will be
obtained prior to the date on which they are required for the Respondent to be able to meet its
obligations under the Acquisition Contract.
under
2.4.
Each Respondent must take into account the instructions set out in paragraph 3.4 of this Part
One when providing its response to this Schedule 3.
3.
Crypto controlled items
3.1.
Obtaining access to CCIs requires contractors to meet New Zealand’s Communications
Security Requirements (COMSEC). To the extent that a Contractor requires access to any
CCI (e.g., the fully functional AN/PRC163 radio), confirmation of acceptability of the selected
Respondent’s submission in relation to COMSEC approvals wil  be required from the New
Released
Zealand Government Communications Security Bureau who are the Approved Distribution
Agency for COMSEC equipment in New Zealand. As the Contractor will likely be required to
access US CCI items, the Respondent is required to demonstrate in its Proposal, to the
satisfaction of the Crown and the NZ Government Communications Security Bureau, the
Respondent’s ability to comply with the requirements of NZCSS 300 in regard to the
management of COMSEC, including CCI material.
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link to page 59 4.
Insurance
4.1.
The Respondent must provide details of current or proposed insurance policies that relate to
the draft Acquisition Contract, including:
(a)
name of the insurance provider (and underwriter, if applicable);
(b)
type of insurance;
(c)
terms and coverage of the insurance including conditions and exclusions;
(d)
limits of liability per claim or occurrence and detail of any aggregate limits or relevant
sub-limits that apply;
1982
(e)
for a current policy, whether or not any past or current claims made under the policy
have materially affected, or are likely to affect, the Respondent’s ability to meet its
liability obligations under any resultant contract;
Act
(f)
deductible amounts; and
(g)
period of insurance.
4.2.
The Respondent must provide the same information as set out in paragraph 4.1 of this
Schedule 3, with respect to each proposed Major Subcontractor’s insurance.
4.3.
Any costs associated with additional insurance policies or increased coverage of existing
insurance policies that are included in the offered prices are to be detailed in the Respondent’s
Information
response to Schedule 5 (Price information).
5.
Warranty
5.1.
The Crown requires warranty coverage as detailed in the draft Acquisition Contract.
Official
5.2.
The Respondent must provide separately in its response to Schedule 5 (Price information) the
amount offered to cover the warranty provisions required in the draft Acquisition Contract.  If
appropriate, and if the warranty cost varies from item to item, the premium must be shown
the
against that specific item.
5.3.
In accordance with the draft Acquisition Contract, the Respondent is required to provide the
Crown with adequate financial security with respect to the Respondent’s warranty obligations
(in the form at Annex G to the draft Acquisition Contract). The Respondent must specify in its
Proposal from whom that financial security will be provided.
under
6.
Quality
6.1.
The successful Respondent will be required to comply with the requirements with respect to
quality set out in the Acquisition Contract. The Respondent must provide details of all quality
certifications held and all quality control procedures currently followed by the Respondent.
7.
On site facilities
Released
7.1.
The Respondent must describe in its Proposal the on-site facilities it will make available to the
Crown if it is successful in this process (see clause 29 of the draft Acquisition Contract).
Page 59 of 72

link to page 44 Through Life Support Contract only
8.
TLS Contractual Compliance Matrix
8.1.
Only in exceptional circumstances will the Crown accept a Proposal that does not materially
comply with the terms and conditions set out in the draft TLS Contract. Failure to submit a
Proposal that materially complies with the terms and conditions set out in the draft TLS
Contract may result, at the discretion of the Crown, in that Proposal being rejected and/or
receiving no further consideration from the Crown.
8.2.
The Respondent must state its compliance or otherwise with each clause of the draft TLS
Contract and each Annex to the draft TLS Contract in accordance with the following
requirements by completing the spreadsheet entitled
1982
“Part_1_Schedule_8_TLS_Contractual_Compliance_Matrix” provided as part of this RFP.
Responses are to be limited to the following expressions, which are defined in the Glossary in
section 6 of this Part One:
Act
(a)
complies; or
(b)
does not comply.
If any other term is used, the Respondent’s response with respect to that clause will be
deemed to be “does not comply”, and the response will be evaluated accordingly.
8.3.
If a Proposal does not comply with a particular clause or paragraph of the draft TLS Contract,
the Respondent must state in its TLS Contractual Compliance Matrix:
Information
(a)
the full extent, reason, justification and impact of non-compliance; and
(b)
a proposed alternative clause.
8.4.
Should a Respondent not provide the completed TLS Contractual Compliance Matrix in a form
that complies with the above requirements, its Proposal may be deemed invalid and the Crown
Official
may elect not to evaluate it.
8.5.
The Respondent must provide separately a summary list of clauses of the TLS Contract in
the
respect of which it does not comply.  The Respondent must specify any savings or benefits to
the Crown that will arise for the Crown if the Respondent’s alternative term is accepted.

under
Released
Page 60 of 72

Schedule 4:  Tax Certification
The Respondent must provide as part of its Proposal a completed tax certification in the form set out
below.
Tax Certification

TO:
The Secretary of Defence

Ministry of Defence

Level 2

Defence House

34 Bowen Street

PO Box 12703
1982

Wellington 6144

New Zealand

Act

Attention: IPT Lead Protected Mobility Capability Project
FROM
Respondent:
___________________________________
Address:
___________________________________

___________________________________

___________________________________

The Respondent certifies that in submitting its Proposal, it has fully familiarised itself with all of
New Zealand’s (and all other relevant jurisdiction’s) tax laws including, without limitation,
obligations arising under New Zealand laws (pursuant to the Income Tax Act 2007, the Tax
Information
Administration Act 1994, and the Goods and Services Tax Act 1985) as they relate to this RFP,
the Acquisition Contract and the TLS Contract.
DATED at this day of
SIGNED for and on behalf of )

Official
The Respondent by its duly )
authorised officer/attorney )
_______________________

the
Title: ____________________ (Note: The Respondent is to sign under corporate seal if
appropriate)

in the presence of:

____________________
under

Witness name:  ____________________

Occupation:
____________________
Address:
____________________

____________________
Released
Page 61 of 72

link to page 24 link to page 63
Schedule 5:  Price information
1.
Pricing Proformas
1.1.
Each Respondent must be fully cognisant of the details provided in paragraph 3.4 of this Part
One when preparing and completing its Pricing Proformas.
Acquisition Contract
1.2.
Each Respondent must compete and submit the Acquisition Pricing Proforma in accordance
with the instruction provided in this RFP.  All lines in the baseline and Crown Costed Options
sections of the worksheet must be completed by the Respondent. In the case of any
Respondent Costed Options, the Respondent need only complete such Respondent Costed
1982
Options as it is offering, and is to add additional lines into that section in relation to the
Acquisition prices (increases or reductions from the baseline solution) associated with any
Respondent Costed Options it is offering that are not already listed.
Act
1.3.
The Respondent must also submit a complete Schedule of Rates, in its own format, that
includes labour rates applicable for the various roles that are likely to be utilised in relation to
any element of the Acquisition Contract, the maximum margin it proposes to add to any
Subcontractor work to cover its management and risk associated with that subcontractor’s
work and any maximum markup on materials, which would be applicable in the event of a
Contract Change.
Through Life Support Contract
Information
1.4.
Each Respondent must compete and submit the TLS Pricing Proforma in accordance with the
instruction provided in this RFP. All lines in the baseline and Crown Costed Options sections
of the worksheet must be completed by the Respondent. In the case of any Respondent
Costed Options, the Respondent need only complete such Respondent Costed Options as it is
offering, and is to add additional lines into that section in relation to the TLS prices (increases
or reductions from the baseline solution) associated with any Respondent Costed Options it is
offering that are not already listed.
Official
2.
Schedule of Payments (Acquisition Contract)
the
2.1.
The Respondent must provide a schedule of proposed payments that specifies:
Note to Respondents: An Initial Payment will only be considered by the Crown if the
Respondent can demonstrate that it is appropriate and represents value for money to
the Crown.  For the avoidance of doubt, any agreed initial payment will require security
under
in accordance with paragraph 3 below.
(a)
the amount, purposes of and date of the proposed initial payment (if any);
(b)
a description of each proposed milestone payment, including pre-conditions and
objective evidence that will be required to be provided by the Contractor to prove the
milestone has been achieved;
(c)
the amount of each proposed milestone payment; and
Released
(d)
the anticipated milestone date for each proposed milestone payment.
2.2.
The Respondent must detail how the proposed payment regime relates to the Respondent's
anticipated work progress and cash flow under any resultant Acquisition Contract.
2.3.
A milestone payment (of a material value) must be allocated to the Acceptance of each key
Contract Deliverable (or tranche of Contract Deliverables).
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3.
Securities (Acquisition Contract)
Note to Respondents: If the Respondent proposes the payment of any advance or
progress payment in its Schedule of Payments, the Crown requires Prepayment
Securities in accordance with clause 38 of the draft Acquisition Contract. Such security
is required with respect to every amount the Crown is required under the Acquisition
Contract to pay the Contractor before the Crown is delivered tangible and physical
equivalent value. This means most, if not all, Milestone payments required prior to
delivery of the final Contract Deliverables will require financial security in accordance
with clause 38 of the Acquisition Contract.
3.1.
The Respondent must provide the following details in relation to the proposed securities, as
appropriate:
1982
(a)
proposed issuer/promisor for the Financial Securities;
(b)
proposed promisor for the ultimate parent company Guarantee (see clause 39 of the
Act
draft Acquisition Contract); and
(c)
proposed form of ultimate parent company Guarantee.

Information
Official
the
under
Released
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link to page 64
Schedule 6:  Acceptance and Project Schedules
Respondents are to answer this Schedule 6 in relation to the Acquisition
Contract only.
1.
Acceptance schedule
1.1.
The Respondent is to provide an Acceptance schedule (in its own format) that stipulates its
proposed Acceptance Date for each Contract Deliverable. The delivery point for all physical
Contract Deliverables (excluding any training devices) will be in Trentham Military Camp,
Upper Hutt, New Zealand.  The delivery point for all documentation will be the Protected
Mobility Capability Project Team, Defence House, Wellington, New Zealand.
1982
1.2.
The Respondent must state the earliest possible Acceptance schedule in months following the
Contract Execution Date for all Contract Deliverables.
Act
2.
Draft Project Schedule
2.1.
The Respondent must provide a draft project schedule that accords with DID PROJ-1.2 and
that contains:
(a)
all milestones specified in its proposed Schedule of Payments;
(b)
all material contract performance dates, including design, material order, manufacture,
testing, delivery and Acceptance Dates for each Contract Deliverable (aligning with the
dates provided in the Acceptance schedule provided in response to paragraph 1 of this
Information
Schedule 6); and
(c)
other major events that the Respondent may select that represent the accomplishment
of critical technical and managerial steps towards completion of the Contract
Deliverables.
Official
2.2.
The draft project schedule must be to a level of detail sufficient for the Crown to gain an
understanding of the Respondent’s proposed schedule, and must include a clear critical path
and any dependencies. the
under
Released
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link to page 44
Schedule 7:  Technical requirements
1.
Response against Statement of Requirements (Acquisition)
1.1.
Enclosure 1 of the Statement of Requirements set out in Part Two of this RFP contains the
Crown’s requirements with respect to the Utility Vehicles.
1.2.
The Respondent must provide an overview of its proposed solution in response to the
Statement of Requirements, discussing (as a minimum) the following aspects:
(a)
the overall system capability and technology proposed;
(b)
the operational experience of the proposed solution as tested or used by other nations
1982
(include a summary of testing and current status);
(c)
the overall benefits to the Crown and the NZDF;
Act
(d)
the ability to support, maintain and upgrade (if required) the proposed solution through
life;
(e)
the effective life of the proposed solution;
(f)
the extent of design required (if any), and the approach to completing that design
(including any Crown review points); and
(g)
the approach to the system installation, training of personnel and Set to Work activities
Information
on the basis that these are to be carried out in New Zealand.
1.3.
Each Respondent must provide a  Detailed Specification for the overall Contracted Capability
solution proposed per DID PROJ-1.8.
1.4.
This must be accompanied by a response to every requirement contained within Enclosure 1
of Part Two (Statement of Requirements) of this RFP, by completion of the Acquisition SOR
Official
Compliance Matrix provided as part of this RFP, in accordance with the questions and
instructions contained in that spreadsheet. , being the spreadsheet version of Enclosure 1 of
Part Two that is issued as part of this RFP.  The Respondent must provide the required
the
information for each line in the columns headed “RFP Response”, “Does Not Comply”,
“Complies with Threshold” and/or “Exceeds Threshold” and submit the Acquisition SOR
Compliance Matrix as part of its Proposal.  lDefinitions of the terms “does not comply”,
“complies with Threshold” and “Exceeds Threshold” are provided in section 6 of Part One, and
must be applied when completing the SOR Compliance Matrix. Where a Proposal does not
under
comply with an aspect of the Statement of Requirements, the extent of non-compliance must
be explained.  The Respondent must provide reasons for such non-compliance or non-
performance, including the price differential between compliance and non-compliance.
1.5.
Where the Acquisition SOR Compliance Matrix requests further information, the Respondent
must provide the information in the column titled “RFP Response” or provide a reference to
supporting information within the Proposal.
1.6.
Should a Respondent not provide the completed Acquisition SOR Compliance Matrix, or it has
Released
not been completed in accordance with these instructions, its Proposal may be deemed invalid
and the Crown may elect not to evaluate it.
1.7.
The Respondent must provide separately a summary list of items in Enclosure 1 of the
Statement of Requirements in respect of which there is non-compliance.
1.8.
If an item is not specifically identified by a Respondent in its Acquisition SOR Compliance
Matrix as not acceptable, with comments provided and specific drafting amendments
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proposed, the Respondent will be deemed to have accepted the relevant requirement as
drafted.
1.9.
If the Respondent considers that any part of Enclosure 1 of the Statement of Requirements is
obsolete or could be met by utilising new or alternative developments, technology, procedures
or other cost effective means not identified by the Crown or referred to in Enclosure 1 of the
Statement of Requirements, the Crown encourages the Respondent to consider including one
or more applicable Respondent Costed Options in its Proposal.
2.
Combination opportunity (if any)
2.1.
The Respondent is encouraged to include in its Proposal a description of how benefits may
accrue to the Crown by combining equipment purchase with the purchases of other countries
1982
having similar requirements. Any such Proposal must specify what changes may be required
to Enclosure 1 of the Statement of Requirements in order to obtain such benefits or what
timing change may be necessary and in all cases the nature of the benefits and how they will
arise must be clearly specified.  Any such combination opportunity should be included as one
Act
or more applicable Respondent Costed Options in the Respondent’s Proposal.
3.
Government Furnished Materiel (GFM)
3.1.
The Respondent must provide a list of any and all GFM it would request be provided by the
Crown in the event that the Respondent were to enter into an Acquisition Contract with the
Crown (see Annex J of the draft Acquisition Contract).  The list of GFM requested to be
provided must include details of all information, publications, equipment, material, software,
personnel, services, facilities and government-to-government facilities that the Respondent
requests the Crown to supply, as well as the reasons for the request, any known export
Information
controls or other Approvals that would apply, the required timing of the provision by the Crown
and the benefits that may accrue to the Crown if the Crown agrees to supply such GFM.
3.2.
If the Respondent does not require the Crown to provide any items of GFM currently listed in
Annex J of the draft Acquisition Contract, the Respondent should advise this in its Proposal.
Official
4.
Draft Plans Information
4.1.
The Respondent must provide the drafts of the following information that would become part of
the
plans established with the preffered Respondent during establishment of any subsequent
Contract:
(a)
Health and Safety Plan.  A draft health and safety plan that outlines how the
Respondent will manage health and safety in its performance of the Acquisition
Contract.
under
(b)
Quality System Summary. A description, with supporting evidence, of the Contractor’s
quality system and certification (this will subsequently expand into the Quality Plan per
DID PROJ-1.3);
(c)
Significant Risk Report. A risk assessment for the significant risks (high likelihood and/or
high consequence) pertaining to the Proposal, describing these high-level risks and their
mitigations and including risks associated with Major Subcontractors (this will
subsequently expand into the Risk Plan per DID PROJ-1.4);
Released
(d)
Systems Engineering Approach. A description of the Systems Engineering approach
that will be used for technical programme planning and control for the Utility Vehicles
(this will subsequently expand into the Master TestSytems Engineering Plan per DID
ECP-2.1), including:
(i)
Design, Build and Test Reviews.
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(ii)
Description of all Systems Engineering activities that are required to adapt
existing Utility Vehicle designs to meet the Contract requirements. This is to
include, but is not limited to:
(iii)
integration of Command, Control, Communications, Computers and Intelligence
(C4I) systems;
(iv)
Roll Over Protection Structures including the removable Troop Carrying modules
on the UV-M General Service variant;
(v)
modifications for Right Hand Drive (if any); and
(vi)
modifications to the Cab Chassis of the vehicles (if any);
1982
(e)
Test Concept. A brief outline of the approach proposed for test activities (this will
subsequently expand into the Master Test Plan per DID TEST-4.1), in the following
areas:
Act
(i)
Prototype Testing. An overview of the one-off tests that will be conducted to verify
the unique design aspects of the prototype(s) (first-of-type) for the Contract
requirements.
(ii)
Production Test and Evaluation. An overview of the Contractor’s production test
programme that will be conducted to verify quality, serviceability, configuration
control and compliance with the design for each unit of production.
5.
Contract Data items and Plans
Information
5.1.
The Respondent must provide as part of its Proposal completed Contract Data items as
required by the Contract Data Requirements List (CDRL) and the Data Item Descriptions set
out in Enclosure 3 to Part Two of this RFP. Where a date for delivery of a Contract Data item
is listed in the CDRL as to be delivered at “Proposal”, either in its final form or as a draft or an
example, that item must be included as part of the Proposal.  During the contract negotiation
Official
phase, the CDRL and Data Item Descriptions will be included in the Acquisition Contract.
5.2.
One DID (DID PROJ-1.11) is a Proposal DIDs only, in that there will be no further information
deliverable as such in relation to this DID after Proposal submission. However, most Contract
the
Data items will need to be updated and/or resubmitted by the Preferred Respondent prior to
contract signing and/or during the term of the Acquisition Contract. The contractual
requirements with respect to the submission of Contract Data items are summarised in the
CDRL set out in Enclosure 3 to Part Two of this RFP.
under
5.3.
If “EXAMPLE at Proposal” is stated then an example from another product or a brief summary
is acceptable. This information will be used to assess Proposals.
5.4.
The Crown requests that each Respondent provide a C4I Integration Crown Costed Option.
Additional explanatory information about C4I Integration is provided in Enclosure 4 to Part Two
of this RFP.  However, Respondents should be aware that this information is subject to
change. Notwithstanding, each Respondent is required to submit as part of its Proposal a C4I
Integratopn proposal that follows the outline at DID PROJ-1.11 and to provide pricing for the
C4I Integration Crown Costed Option in the Acquisition Pricing Proforma.
Released
6.
Response against TLS draft Statement of Work
6.1.
Enclosure 2 of Part Two of this RFP contains the Crown’s requirements with respect to the
Through Life Support of the Utility Vehicles.
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6.2.
The Respondent must provide an overview of its proposed solution in response to the TLS
draft Statement of Work, discussing (as a minimum) the following aspects:
(a)
the overall Through Life Support methodology proposed;
(b)
the Through Life Support experience in relation to the proposed solution;
(c)
the overall benefits to the NZDF; and
(d)
other Through Life Support options that the Respondent offers and any it recommends
that the NZDF consider.
6.3.
This must be followed by a response to every requirement contained within the TLS draft
1982
Statement of Work, by completion of the TLS SOR Compliance Matrix provided as part of this
RFP, in accordance with the instructions contained in that spreadsheet.  Where a Proposal
does not comply with an aspect of the draft Statement of Work, the extent of non-compliance
must be explained. The Respondent must provide reasons for such non-compliance or non-
Act
performance, including the price differential between compliance and non-compliance.
6.4.
Where the TLS SOR Compliance Matrix requests further information, the Respondent must
provide the information in the column titled “Comment” or provide a reference to supporting
information within the Proposal.
6.5.
Should a Respondent not provide the completed TLS SOR Compliance Matrix, or it has not
been completed in accordance with these instructions, its Proposal may be deemed invalid
and the Crown may elect not to evaluate it.
Information
6.6.
The Respondent must provide separately a summary list of items in the TLS Statement of
Work in respect of which it does not comply.
6.7.
If an item is not specifically identified by a Respondent in its TLS SOR Compliance Matrix as
not acceptable, with comments provided and specific drafting amendments proposed, the
Respondent will be deemed to have accepted the relevant requirement as drafted.
Official
6.8.
If the Respondent considers that any part of the TLS Statement of Work is obsolete or could
be met by utilising new or alternative developments, technology, procedures or other cost
effective means not identified by the Crown or referred to in the TLS Statement of Work, the
the
Crown encourages the Respondent to consider including one or more applicable Respondent
Costed Options in its Proposal.

under
Released
Page 68 of 72

Schedule 8:  Public Value, including through industry engagement
1.
Industry activity report
1.1.
The Respondent shall provide an industry activity report that identifies and describes the steps
that have been taken by the Respondent to identify, negotiate with and/or use industry to
provide goods and services to the Respondent for the purposes of the Utility Vehicles sub-
Project, that conforms with the requirements of this Schedule 8.
1.2.
The purpose of the activity report is:
(a)
to identify industry engagement activities that have been undertaken by the Respondent
as part of preparing its Proposal (regardless of whether the Respondent has decided to
1982
utilise each such industry member as part of its Proposal solution); and
(b)
to provide all relevant information to the Crown to assist the Crown to consider whether
Act
the Respondent has provided a best Public Value solution to the Crown over the whole
of life of the vehicles.
Any resulting industry involvement may, at the Crown's option, be written into the final
Acquisition Contract and/or the final TLS Contract, as applicable.
1.3.
The information provided in the activity report is sought for reporting purposes.
1.4.
At a minimum, the activity report shall:
Information
(a)
specify the names, addresses and contact details of:
(i)
New Zealand Businesses (as defined in the Glossary) that have been approached
by the Respondent in relation to the Utility Vehicles sub-Project (regardless of
whether the Respondent has decided to utilise each such New Zealand Business
as part of its Proposal solution) and specify whether each such entity is or is not a
Māori Business (as defined in the Glossary);
Official
(ii)
New Zealand entities (as defined in the Glossary) (other than New Zealand
Businesses) that have been approached by the Respondent in relation to the
the
Utility Vehicles sub-Project (regardless of whether the Respondent has decided to
utilise each such New Zealand entity as part of its Proposal solution) and specify
whether each such entity is or is not a Māori Business;
(iii)
entities based in countries to which New Zealand owes relevant international
under
trade obligations1 that have been approached by the Respondent in relation to the
Utility Vehicles sub-Project (regardless of whether the Respondent has decided to
utilise each such entity as part of its Proposal solution); and
(iv)
all other entities that have been approached by the Respondent and may be
involved in the performance of the Utility Vehicles sub-Project if the Respondent
is successful, including subcontractors and other suppliers,
in separate lists showing the categorisation of each in accordance with the four
Released categories described above;
(b)
describe the goods and services (if any) proposed to be supplied to the Respondent by
each such entity for the purposes of each phase of the Utility Vehicles sub-Project,
broken down by the individual entities, and specify whether the Respondent has in place

1 Including New Zealand’s free tree agreement partners (Australia, Hong Kong, Brunei, Chile,
Singapore, Korea, Canada, Japan, Malaysia, Peru and Viet Nam) and countries party to the Agreement
on Government Procurement
Page 69 of 72

link to page 26 link to page 70 arrangements with such entities for supply of those goods and services if the
Respondent’s Proposal is successful, and if not, the reason(s) for this;
(c)
quantify the estimated contract value of the involvement by such entities in the Utility
Vehicles sub-Project, broken down by the individual entities, in the currency that they
are to be paid, if the Respondent’s Proposal is successful; and
(d)
state the period of time of the expected involvement, broken down by the individual
entities, if the Respondent’s Proposal is successful.
1.5.
If no activity as described above has been undertaken by the Respondent, the activity report
shall state that.
1982
1.6.
The Crown reserves the right to contact any of the entities identified in the activity report, to
discuss the content of the activity report as relevant to those entities and the Public Value
provided by those entities.
Act
1.7.
A Ministry of Defence Industry portal is available at www.defence.govt.nz/industry.  Interested
entities can register and have access to both prime and subcontractor capability information.
2.
Statements regarding other Broader Outcomes and Public Value
considerations
2.1.
The Government Procurement Rules (4th Ed) describe the New Zealand Government’s
priorities and expectations of Government agencies with respect to their procurement
activities. More information can be found in this regard at www.procurement.govt.nz.
Information
2.2.
In addition to the industry activity report described above, the Respondent is requested to
provide as part of its Proposal a statement regarding how its proposed solution and method of
delivery:
(a)
generates Public Value for the Crown over the whole of life of the Contracted Capability
(i.e., in both the acquisition phase and the through life support phase); and
Official
(b)
specifically, delivers Broader Outcomes for the Crown over the whole of life of the
Contracted Capability,
the
which the Crown may take into account when evaluating the overall Public Value of the
Proposal in accordance with paragraph 4 of Part One.  “Broader Outcomes” and “Public Value”
are generally defined as follows. More information can be found at the website referenced in
paragraph 2.1 above.
under
Term
Definition
means the secondary benefits that are generated due to the way
goods, services or works are procured or delivered.  They include
Broader Outcomes
economic, environmental, social and cultural outcomes. See also
Rule 16 of the Government Procurement Rules, available at
www.procurement.govt.nz.
Released
Public Value
has the meaning given to it in the Government Procurement Rules
(4th Ed) available at www.procurement.govt.nz, being:
Public Value means the best available result for New Zealand for the
money spent.  It includes using resources effectively, economically
and responsibly, and taking into account:
a.
the procurement’s contribution to the results the Crown is trying
to achieve, including any Broader Outcomes the Crown is trying
to achieve; and
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Term
Definition
b.
the total costs and benefits of a procurement (total cost of
ownership).
The principle of Public Value when procuring, goods, services or
works does not mean selecting the lowest price but rather the best
possible outcome for the total cost of ownership (over the whole of
life of the goods, services or works).

1982
Act
Information
Official
the
under
Released
Page 71 of 72

List of RFP documents on GETS
Prefix – UV RFP
Name
Format
Part One:
Instructions and Conditions of Proposal
(this document) pdf
Part 1 Schedule 3   Acquisition Contractual Compliance Matrix
xlsx
Part 1 Schedule 5  Acquisition Pricing Proforma
xlsx
Part 1 Schedule 5  TLS Pricing Proforma
Template available on
GETS on Fri 18Mon 21 Nov
22 (ref RFP Part One: para
1982
2.9(h)) as NTR#1
Part 1 Schedule 7  TLS SOR Compliance Matrix
xlsx as NTR#1
Part 1 Schedule 8  TLS Contractual Compliance Matrix
Xlsx
Act

Part Two:
Part 2 Enclosure 1  Statement of Requirements
xlsx – 2 worksheets

Sect 1 Information
pdf of 1st worksheet

Sect 2 Requirements
pdf of 2nd worksheet

SoR ANNEXES B-H
xlsx – 7 worksheets

SoR ANNEX B
pdf of 1st worksheet
Information

SoR ANNEX C
pdf of 2nd worksheet

SoR ANNEX D
pdf of 3rd worksheet

SoR ANNEX E
pdf of 4th worksheet

SoR ANNEX F
pdf of 5th worksheet
Official

SoR ANNEX G
pdf of 6th worksheet

SoR ANNEX H
pdf of 7th worksheet
the
Part 2 Enclosure 2  TLS Requirements (SoW)
docx, pdf
Part 2 Enclosure 3  CDRL and DIDs
docx, pdf
Part 2 Enclosure 4  C4I Integration information
pdf
Part 2 Enclosure 5  NZDF EDSPEC 0001C (ROPS)
pdf
under
Part 2 Enclosure 6  RFI Responses and Local Industry

1 RFI Responses
pdf
2 Local Manufacturers
pdf
3 Maori Businesses
pdf

Part Three
Part 3  Draft Acquisition Contract
docx, pdf
Released Part 3  Draft Through Life Support Contract
docx, pdf
Proposal Reference
UV-Proposal_Reference_Material-22.7z
22x reference pdfs, zipped
Material (PRM)
Utility Industry Briefing
Notice of Information
docx, pdf

Page 72 of 72