Request for Information
Otupaiia/Marine Park, Waitara State Park
Contract 23‐391
RFI released: 26‐May‐2023
Deadline for Questions: 15‐Jun‐2023 12:00pm
Deadline for Information: 26-Jun-2023 12:00pm
New Plymouth District Council
84 Liardet Street
New Plymouth
Contents
This opportunity in a nutshell
3
SECTION 1: Key information
4
SECTION 2: Our Requirements
7
SECTION 3: Our Evaluation Approach
8
SECTION 4: Pricing information
10
SECTION 5: Our Proposed Contract
10
SECTION 6: RFP Process, Terms and Conditions
11
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This opportunity in a nutshell
What we need
New Plymouth District Council together with the Te Kōwhatu Tū Moana Trust is seeking an experienced
contractor to design and build a high‐quality hybrid skatepark at Waitara Marine Park, West Beach
Waitara, on a flat site of approximately 1,000m2. The total budget for the project is $800,000 +GST, and
the desired completion date is June 2024.
This is the first step in a 2‐step tender process. 2‐3 contractors will be selected from this process and then
invited into a closed Request for Proposals (RFP) tender process. NPDC wil negotiate a fee with these
contractors for the submission of proposals at the RFP stage.
The skatepark should be designed to cater for everyone from beginner to advanced levels and include
elements for learners through to more experienced skaters. The design should provide good transition
between features and be based on a flat site with limited drainage options, therefore all elements and
surfaces are to be at or above ground level. All works must be completed within the project budget of
$800,000+ GST
The skatepark should be a hybrid type, including both street and transition features, and incorporate any
existing structures or features in Otupaiia/Marine Park if appropriate. The design should prioritize
durability and have a design life of at least 50 years.
What we don’t want
We do not require design proposals at this stage. This is the first step to gauge interest and capacity in the
market for a build of this size and scope. The successful suppliers will be invited to a closed RFP.
What’s important to us
Experience: The local council is looking for a contractor with a proven track record of designing and
building high‐quality skateparks that meet the needs of different skill levels and user groups.
Innovation: The local council is interested in contractors who can bring fresh and creative ideas to the
project, while still meeting the needs and desires of the community.
Safety: Safety is of utmost importance to us, and the contractor must be able to demonstrate that all
elements of the skatepark design meet industry safety standards and regulations.
Value for money: The local council is looking for a contractor who can provide a high‐quality skatepark
within the project budget of $800,000 +GST. Designs that deliver better value for money will be favoured.
Community engagement: The local council is looking for a contractor who is willing and able to engage
with the local community throughout the design and construction process, to ensure that the final product
is something that the community can be proud of and will use for many years to come.
Quality assurance: The contractor must be able to provide a warranty or maintenance plan to ensure that
the skatepark will remain in good condition for its expected design life of 50 years.
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Health and safety: The contractor must have a strong health and safety policy, including risk management
procedures and appropriate insurance coverage, to ensure that the project is completed safely and without
incident. The contractor will have to be H&S pre‐approved prior to the award of the main contract.
Timeliness: The local council is looking for a contractor who can complete the project within the desired
timeframe of completion by June 2024. If this is not possible, please indicate your availability.
Why should you bid?
We are seeking an experienced and innovative skatepark design and build contractor to undertake this
exciting project. The successful contractor will have the opportunity to work collaboratively with the NPDC,
Te Kōwhatu Tū Moana Trust and the local community to create a skatepark that meets the needs of skaters
of all levels, while also being a unique and visually striking feature of Otupaiia/Marine Park.
Not only will the successful contractor have the opportunity to showcase their expertise and creativity, but
they will also be playing a vital role in providing a safe and enjoyable space for the community to engage in
physical activity and outdoor recreation.
In addition, this project presents a significant business opportunity for the successful contractor, with a
budget of $800,000 +GST available for the
design and construction of the skatepark.
We encourage all experienced and innovative skatepark design and build contractors to submit a proposal,
and we look forward to hearing from you.
A bit about us
Operating under the Local Government Act 2002 and through consultation with the New Plymouth District
community, the Council seeks to meet the current and future needs of the district’s communities for good‐
quality infrastructure, local public services, and performance of regulatory functions.
The vision and community outcomes articulate the Council’s strategic direction and the priorities that give
effect to this. They sit at the heart of the Council strategic framework and assist the organisation’s move
towards a more integrated and aligned approach to planning, projects, policy, and strategy.
Key Information
Context
a. This is an invitation to suitably qualified suppliers to submit Information for the
Otupaiia/Marine Park, Waitara State Park contract opportunity.
b. This RFI is the first step in a multi‐step procurement process. Following evaluation
shortlisted Respondent/s will be invited to submit a full proposal in response to a
Request for Proposals (RFP). This document deals only with the first step i.e. the
RFI process.
c. Words and phrases that have a special meaning are shown using capitals e.g.
Respondent, which means ‘
a person, organisation, business or other entity that
submits Information in response to the RFI. The term Respondent includes its officers,
employees, contractors, consultants, agents and representatives. The term
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Respondent differs from a supplier, which is any other business in the market place
that does not submit Information.’
Our timeline
a. Here is our timeline for this RFI.
Step in RFI process:
Date:
Deadline for Questions from suppliers:
12:00pm 15‐Jun‐2023
Deadline for the Buyer to answer supplier’s
questions:
12:00pm 20‐Jun‐2023
Deadline for Information:
12:00pm 26‐Jun‐2023
Respondents notified:
Jul‐2023
b. All dates and times are dates and times in New Zealand.
How to contact us
a. All enquiries must be directed to our Point of Contact. We will manage all external
communications through this Point of Contact.
Our Point of Contact
Name: Joel Richardson
Title/role: S e n i o r I n f r a s t r u c t u r e P r o j e c t M a n a g e r
Email address: [email address]
Developing and submitting your Information
a. This is an Open, competitive tender process. The RFI sets out the step‐by‐step
process and conditions that apply.
b. Take time to read and understand the RFI. In particular:
c. develop a strong understanding of our Requirements.
d. in structuring your Information consider how it will be evaluated, described in our
Evaluation Approach.
e. For resources on tendering go to: www.procurement.govt.nz/for suppliers.
f.
If anything is unclear or you have a question, ask us to explain. Please do so before
the Deadline for Questions. Email our Point
of Contact.
g. In submitting your Information, you must use the Response Form provided. This is a
Microsoft Word document that you can download.
h. You must also complete and sign the declaration at the end of the
Response Form.
i.
You must use the pricing schedule template for your pricing information.
j.
Check you have provided all information requested, and in the format and order
asked for.
k. Having done the work don’t be late – please ensure you get your Information to us
before the Deadline for Information!
Address for submitting your Information
Information must be delivered as an electronic copy via the Tenderlink portal.
Information sent by email, post or fax, or hard copy delivered to our office, will not be
accepted.
Envelope 1 – Submissions
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Our RFI Process, Terms and Conditions
a. The RFI is subject to the government’s standard RFI Process, Terms and Conditions
(shortened to RFI‐Terms) described. We have not made any variation to the RFI‐
Terms.
Later changes to the RFI or RFI process
a. If, after publishing the RFI, we need to change anything about the RFI, or RFI process,
or want to provide suppliers with additional information we will let all suppliers
know by placing a notice on Tenderlink.
b. If you downloaded the RFI from Tenderlink you will automatically be sent
notifications of any changes through Tenderlink by email.
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Our Requirements
We are looking for a contractor who is experienced in delivering skateparks of this size and value, and who
has a proven track record of delivering high‐quality projects on time and within budget. The successful
contractor will be required to provide a statement of their H&S policy, and must be committed to
complying with all relevant health and safety and risk management requirements during the design and
construction phases.
We value transparency and open communication with our suppliers, and we welcome innovative solutions
to meet our requirements while ensuring value for money. We encourage all eligible contractors to submit
their proposals for consideration.
What are we buying and why?
This is the first step in a 2‐step tender process. This RFI is to gauge interest and capacity in the market to
deliver this project for the community. 2 or 3 successful suppliers will then be invited into a closed RFP
tender process.
What we require: the solution
At this stage we are looking for contractors that can demonstrate their experience delivering skate parks of
this size and value for the community.
No design proposal is required at this time.
What we require: capacity
We are seeking contractors that have the skills, experience and capacity to deliver this project by June
2024.
What we require: Capability
We are seeking a contractor with proven experience in the design and construction of high‐quality skate
parks. The successful bidder must be able to demonstrate their expertise in the field through relevant
project experience and a strong portfolio of completed work. We require a contractor with a team of
skilled professionals including designers, project managers, and construction workers who are able to work
collaboratively to deliver a successful outcome.
Other information
Any further information required to outline the quality, desired delivery dates, payment methods or
intellectual property will be available as an upload as part of this opportunity.
Other tender documents
Any additional documents that this RFI refers to or will influence the outcome of this opportunity will be
uploaded as part of this opportunity.
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Our Evaluation Approach
Evaluation model
The evaluation model that will be used to shortlist respondents is weighted attributes (weighted
criteria).
Pre‐conditions
Each submission must meet all these pre‐conditions. Those which fail to meet one or more will be
eliminated for further considerations.
Respondents who are unable to meet all pre‐conditions should conclude that they will not benefit from
submitting a response.
Pre‐conditions
Is your company interested in partaking in the RFP that is planned to come out August 2023?
Do you have experience Designing and constructing Skateparks over the value of $500,000
Evaluation Criteria
Criterion
Weighting
Relevant Experience
100%
Respondents to provide information on 3 relevant skatepark projects
completed in the last 5 years. Information to include the name, and contact
details, of a referee (client or engineer to contract) for each of the projects.
The evaluation team will contact each of the referees who will be asked the
questions:
Project description, and cost of project (approx.); and
“Would you employ this contractor again: yes or no?”
“Is the community satisfied with the design and construction: yes or no?”
“How would you rate their H & S?”
“Were there any issues or challenges that arose during the project, and how
did the supplier manage them?”
“Did the supplier communicate effectively throughout the project?”
“Is there anything else you would like to add about the supplier's
performance on this project?”
Total Weighting 100%
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Scoring
The following indicative scoring scale will be used in evaluating non‐price attributes of Tenders.
Scores by individual panel members may be modified through a moderation process across the whole
evaluation panel. In moderating scores, a “round” number to the nearest “5” will be determined by the
evaluation panel.
Rating
Definition
Score
MAJOR BENEFITS
Exceeds the criterion. Exceptional demonstration by the
100
Respondent of the relevant ability, understanding, experience,
Significantly
95
skills, resources and quality measures required to meet the
exceeds the
criterion. Tender identifies factors that will offer potential added
90
criterion
value, with supporting evidence.
MINOR BENEFITS
Satisfies the criterion with minor additional benefits. Above
85
average demonstration by the Respondent of the relevant
Exceeds the
80
ability, understanding, experience, skills, resource and quality
criterion in some
measures required to meet the criterion. Tender identifies
75
aspects
factors that will offer potential added value, with supporting
evidence.
ACCEPTABLE
Satisfies the criterion. Demonstration by the Respondent of the
65
meets the criterion relevant ability, understanding, experience, skills, resource, and
60
in full, but at a
quality measures required to meet the criterion, with supporting
minimal level
evidence.
55
MINOR
Satisfies the criterion with minor reservations. Some minor
45
RESERVATIONS
reservations of the Respondent’s relevant ability, understanding,
40
marginally
experience, skills, resource and quality measures required to
deficient
meet the criterion, with little or no supporting evidence.
35
SERIOUS
Satisfies the criterion with major reservations. Considerable
25
RESERVATIONS
reservations of the respondent’s relevant ability, understanding,
20
significant issues
experience, skills, resource and quality measures required to
that need to be
meet the criterion, with little or no supporting evidence.
15
addressed
UNACCEPTABLE
Does not meet the criterion. Does not comply and/or insufficient
significant issues
information provided to demonstrate that the Respondent has
not capable of
the ability, understanding, experience, skills, resource and
being resolved
quality measures required to meet the criterion, with little or no
supporting evidence.
Note that this scoring scale will be supplemented by
definitions FOR EACH ATTRIBUTE which correspond to
the criteria described
in evaluation criteria above.
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Price
We wish to obtain the best value for money over the whole of life of the contract. This means achieving the
right combination of fit for purpose, quality, on time delivery, quality and price.
However no pricing is required at this time.
Evaluation process and due diligence
In addition to the above, we will undertake the following process and due diligence in relation to
shortlisted respondents. The findings will be considered in the evaluation process.
Due Diligence Options
Required
References
Yes
Pricing information
No pricing is required at this time.
Our proposed contract
Any intended proposed contract will be upload to this opportunity as separate PDF document. In most
cases, the type of contract and contract terms and conditions will be reviewed and jointly agreed during
negotiations.
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RFI process, terms and conditions
Note to suppliers and Respondents
In managing this procurement, the Buyer will endeavour to act fairly and reasonably in all of its dealings
with interested suppliers and Respondents, and to follow due process which is open and transparent.
This section contains the government’s standard RFI Process, Terms and Conditions (shortened to RFI‐
Terms) which apply to this procurement. Any variation to the RFI‐Terms will be recorded. Check to see if
any changes have been made for this RFI.
Words and phrases that have a special meaning are shown by the use of capitals e.g. Respondent,
which means ‘
a person, organisation, business or other entity that submits Information in response to
the RFI. The term Respondent includes its officers, employees, contractors, consultants, agents and
representatives. The term Respondent differs from a supplier, which is any other business in the market
place, that does not submit Information.’ Definitions are at the end of this section.
If you have any questions about the RFI‐Terms, please get in touch with our Point of Contact.
Standard RFI process
Preparing and submitting Information
Preparing Information
a. Respondents are to use the Response Form provided and include all information
requested by the Buyer in relation to the RFI.
b. By submitting Information, the Respondent accepts that it is bound by the RFI Process,
Terms and Conditions (RFI‐Terms).
c. Each Respondent will:
i. examine the RFI and any documents referenced in the RFI and any other information
provided by the Buyer
ii. if appropriate, obtain independent advice before submitting Information
iii. satisfy itself as to the correctness and sufficiency of its Information.
d. There is no expectation or obligation for Respondents to submit Information in response
to the RFI solely to remain on any prequalified or registered supplier list. Any Respondent
on such a list will not be penalised for failure to submit Information.
Respondents’ Deadline for Questions
a. Each Respondent should satisfy itself as to the interpretation of the RFI. If there is any
perceived ambiguity or uncertainty in the RFI document/s Respondents should seek
clarification before the Deadline for Questions.
b. All requests for clarification must be made by email to the Buyer’s Point of Contact. The
Buyer will respond to requests in a timely manner, but not later than the deadline for the
Buyer to answer Respondent questions, if applicable.
c. If the Buyer considers a request to be of sufficient importance to all Respondents, it may
provide details of the question and answer to other Respondents. In doing so the Buyer
may summarise the Respondent’s question and will not disclose the Respondent’s
identity. The question and answer may be posted on TENDERLINK and/or emailed to
participating Respondents. A Respondent may withdraw a request at any time.
d. In submitting a request for clarification, a Respondent is to indicate, in its request, any
information that is commercially sensitive. The Buyer will not publish such commercially
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sensitive information. However, the Buyer may modify a request to eliminate such
commercially sensitive information and publish this and the answer where the Buyer
considers it of general significance to all Respondents. In this case, however, the
Respondent will be given an opportunity to withdraw the request or remove the
commercially sensitive information.
Submitting Information
a. Each Respondent is responsible for ensuring that its Information is received by the Buyer
at the correct address on or before the Deadline for Information. The Buyer will
acknowledge receipt of each Information.
b. The Buyer intends to rely on the Respondent’s Information and all information provided
by the Respondent (e.g. in correspondence). In submitting Information and
communicating with the Buyer each Respondent should check that all information it
provides to the Buyer is:
i. true, accurate and complete and not misleading in any material respect
ii. does not contain intellectual property that will breach a third party’s rights.
c. Where the Buyer requires the Information to be delivered in hard and soft copies, the
Respondent is responsible for ensuring that both the hard and soft copies are identical.
Assessing Information
Evaluation panel
a. The Buyer will convene an evaluation panel comprising members chosen for their relevant
expertise and experience. In addition, the Buyer may invite independent advisors to
evaluate any Information, or any aspect of any Information.
Third party information
a. Each Respondent authorises the Buyer to collect additional information, except
commercially sensitive pricing information, from any relevant third party (such as a
referee or a previous or existing client) and to use that information as part of its
evaluation of the Respondent’s Information.
b. Each Respondent is to ensure that all referees listed in support of its Information agree to
provide a reference.
c. To facilitate discussions between the Buyer and third parties each Respondent waives any
confidentiality obligations that would otherwise apply to information held by a third party,
with the exception of commercially sensitive pricing information.
Buyer’s clarification
a. The Buyer may, at any time, request from any Respondent clarification of its Information
as well as additional information about any aspect of its Information. The Buyer is not
required to request the same clarification or information from each Respondent.
b. The Respondent must provide the clarification or additional information in the format
requested. Respondents will endeavour to respond to requests in a timely manner. The
Buyer may take such clarification or additional information into account in evaluating the
Information.
c. Where a Respondent fails to respond adequately or within a reasonable time to a request
for clarification or additional information, the Buyer may cease evaluating the Information
and may eliminate the Information from the process.
Evaluation and shortlisting
a. The Buyer will base its initial evaluation on the Information submitted in response to the
invitation. This evaluation will be in accordance with the Evaluation Approach set out in
the RFI. The Buyer may adjust its evaluation of Information following consideration of any
clarification or additional information.
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b. In deciding which Respondent/s to shortlist the Buyer may take into account any of the
following additional information:
i. the results from due diligence
ii. any matter that materially impacts on the Buyer’s trust and confidence in the
Respondent
iii. any relevant information that the Buyer may have in its possession.
c. The Buyer will advise Respondents if they have been shortlisted or not. Being shortlisted
does not constitute acceptance by the Buyer of the Respondent’s Information, or imply or
create any obligation on the Buyer to enter into negotiations with, or award a Contract for
delivery of the Requirements to any shortlisted Respondent/s. At this stage in the RFI
process the Buyer will not make public the names of the shortlisted Respondents.
Respondent’s debrief
a. At any time after shortlisting Respondents, the Buyer will offer Respondents who have not
been shortlisted a debrief. Each Respondent will have 30 Business Days from the date of
offer to request a debrief. When a Respondent requests a debrief, the Buyer will provide
the debrief within 30 Business Days of the date of the request, or the date the Contract is
signed, whichever is later.
b. The debrief may be provided by letter, email, phone or at a meeting. The debrief will:
i. provide the reasons why the Information was or was not successful
ii. explain how the Information performed against the pre‐conditions (if applicable) and
the evaluation criteria
iii. indicate the Information’s relative strengths and weaknesses
iv. explain, in general terms, the relative advantage/s of the shortlisted Information/s
v. seek to address any concerns or questions from the Respondent
vi. seek feedback from the Respondent on the RFI process.
Issues and complaints
a. A Respondent may, in good faith, raise with the Buyer any issue or complaint about the
RFI, or the RFI process at any time.
b. The Buyer will consider and respond promptly and impartially to the Respondent’s issue or
complaint.
c. The Buyer and Respondent each agree to act in good faith and use its best endeavours to
resolve any issue or complaint that may arise in relation to the RFI.
d. The fact that a Respondent has raised an issue or complaint is not to be used by the Buyer
to unfairly prejudice the Respondent’s ongoing participation in the RFI process or future
contract opportunities.
Standard RFI conditions
Buyer’s Point of Contact
a. All enquiries regarding the RFI must be directed by email to the Buyer’s Point of Contact.
Respondents must not directly or indirectly approach any representative of the Buyer, or
any other person, to solicit information concerning any aspect of the RFI.
b. Only the Point of Contact, and any authorised person of the Buyer, are authorised to
communicate with Respondents regarding any aspect of the RFI. The Buyer will not be
bound by any statement made by any other person.
c. The Buyer may change the Point of Contact at any time. The Buyer will notify Respondents
of any such change. This notification may be posted on TENDERLINK or sent by email.
d. Where a Respondent has an existing contract with the Buyer then business as usual
communications, for the purpose of managing delivery of that contract, will continue
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using the usual contacts. Respondents must not use business as usual contacts to lobby
the Buyer, solicit information or discuss aspects of the RFI.
Conflict of Interest
a. Each Respondent must complete the Conflict of Interest declaration in the Response Form
and must immediately inform the Buyer should a Conflict of Interest arise during the RFI
process. A material Conflict of Interest may result in the Respondent being disqualified
from participating further in the RFI process.
Ethics
a. Respondents must not attempt to influence or provide any form of personal inducement,
reward or benefit to any representative of the Buyer in relation to the RFI.
b. A Respondent who attempts to do anything prohibited may be disqualified from
participating further in the RFI.
c. The Buyer reserves the right to require additional declarations, or other evidence from a
Respondent, or any other person, throughout the RFI process to ensure probity of the RFI
process.
Anti‐collusion and bid rigging
a. Respondents must not engage in collusive, deceptive or improper conduct in the
preparation of their Information or other submissions or in any discussions with the Buyer.
Such behaviour will result in the Respondent from being disqualified from participating
further in the RFI process. The Respondent warrants that its Information has not been
prepared in collusion with a Competitor.
b. The Buyer reserves the right, at its discretion, to report suspected collusive or anti‐
competitive conduct by Respondents to the appropriate authority and to give that
authority all relevant information including a Respondent’s Information.
Confidential Information
a. The Buyer and Respondent will each take reasonable steps to protect Confidential
Information and without limiting any confidentiality undertaking agreed between them,
will not disclose Confidential Information to a third party without the other’s prior written
consent.
b. The Buyer and Respondent may each disclose Confidential Information to any person who
is directly involved in the RFI 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 RFI.
c. Respondents acknowledge that the Buyer’s obligations are subject to requirements
imposed by the Local Government Official and Meetings Information Act 1987 (LGOIMA),
the Privacy Act 1993, parliamentary or constitutional convention and any other obligations
imposed by the law. The Buyer will not be in breach of its obligations if Confidential
Information is disclosed by the Buyer to the appropriate authority because of suspected
collusive or anti‐competitive tendering behaviour. Where the Buyer receives an LGOIMA
request that relates to a Respondent’s Confidential Information the Buyer will consult with
the Respondent and may ask the Respondent to explain why the information is considered
by the Respondent to be confidential or commercially sensitive.
Confidentiality of RFI information
a. For the duration of the RFI, to the date of the announcement of the Successful
Respondent, or the end of the procurement process, the Respondent agrees to keep the
RFI strictly confidential and not make any public statement to any third party in relation to
any aspect of the RFI, the RFI process or the award of any Contract without the Buyer’s
prior written consent.
b. A Respondent may disclose information relating to the RFI to any person described but
only for the purpose of participating in the RFI. The Respondent must take reasonable
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steps to ensure that such recipients do not disclose Confidential Information to any other
person or use Confidential Information for any purpose other than responding to the RFI.
Costs of participating in the RFI process
a. Each Respondent will meet its own costs associated with the preparation and presentation
of its Information and any negotiations.
Ownership of documents
a. The RFI and its contents remain the property of the Buyer. All Intellectual Property rights
in the RFI remain the property of the Buyer or its licensors. The Buyer may request the
immediate return or destruction of any or all RFI documents and any copies. Respondents
must comply with any such request in a timely manner.
b. All documents forming the Information will, when delivered to the Buyer, become the
property of the Buyer. Information will not be returned to Respondents at the end of the
RFI process.
c. Ownership of Intellectual Property rights in the Information remain the property of the
Respondent or its licensors. However, the Respondent grants to the Buyer a non‐exclusive,
non‐transferable, perpetual licence to retain, use, copy and disclose information
contained in the Information for any purpose related to the RFI process.
No binding legal relations
a. Neither the RFI, nor the RFI process, creates a process contract or any legal relationship
between the Buyer and any Respondent, except in respect of:
i. the Respondent’s declaration in its Information
ii. the Respondent’s statements, representations and/or warranties in its Information and
in its correspondence with the Buyer
iii. the Evaluation Approach to be used by the Buyer to assess Information as set out
iv. the standard RFI conditions
v. any other matters expressly described as binding obligations
b. Each exception is subject only to the Buyer’s reserved rights
c. Except for the legal obligations set out, no legal relationship is formed between the Buyer
and any Respondent unless and until a Contract is entered into between those parties.
Elimination
a. The Buyer may exclude a Respondent from participating in the RFI process if the Buyer has
evidence of any of the following, and is considered by the Buyer to be material to the RFI:
i.
the Respondent has failed to provide all information requested, or in the correct
format, or materially breached a term or condition of the RFI process
ii. the Information contains a material error, omission or inaccuracy
iii. the Respondent is in bankruptcy, receivership or liquidation
iv. the Respondent has made a false declaration
v. there is a serious performance issue in a historic or current contract delivered by the
Respondent
vi. the Respondent has been convicted of a serious crime or offence
vii. there is professional misconduct or an act or omission on the part of the Respondent
which adversely reflects on the integrity of the Respondent
viii. the Respondent has failed to pay taxes, duties or other levies
ix. the Respondent represents a threat to national security or the confidentiality of
sensitive government information
x. the Respondent is a person or organisation designated as a terrorist by New Zealand
Police.
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Buyer’s additional rights
a. Despite any other provision in the RFI the Buyer may, on giving due notice to
Respondents:
i.
amend, suspend, cancel and/or re‐issue the RFI, or any part of the RFI
ii. make any material change to the RFI (including any change to the timeline,
Requirements or Evaluation Approach) on the condition that Respondents are given a
reasonable time within which to respond to the change.
b. Despite any other provision in the RFI the Buyer may:
i.
accept a late Information if it is the Buyer’s fault that it is received late
ii. in exceptional circumstances, accept a late Information where it considers that there
is no material prejudice to other Respondents. The Buyer will not accept a late
Information if it considers that there is risk of collusion on the part of a Respondent,
or the Respondent may have knowledge of the content of any other Information
iii. in exceptional circumstances, answer questions submitted after the Clarification
Period ends
iv. accept or reject any Information, or part of the Information
v. accept or reject any non‐compliant, non‐conforming or alternative Information
vi. decide not to enter into a Contract with any Respondent
vii. liaise or negotiate with any Respondent without disclosing this to, or doing the same
with, any other Respondent
viii. provide or withhold from any Respondent information in relation to any question
arising in relation to the RFI. 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 reasons
ix. amend the Proposed Contract at any time, including during negotiations with a
shortlisted Respondent
x. waive irregularities or requirements in the RFI process where it considers it
appropriate and reasonable to do so.
c. The Buyer may request that a Respondent agrees to the Buyer:
i.
selecting any individual element/s of the Requirements that is offered in the
Information and capable of being delivered separately, unless the Information
specifically states that the Information, or elements of the Information, are to be
taken collectively
ii. selecting two or more Respondents to deliver the Requirements as a joint venture or
consortium.
New Zealand law
a. The laws of New Zealand shall govern the RFI process and each Respondent agrees to
submit to the exclusive jurisdiction of the New Zealand courts in respect of any dispute
concerning the RFI or the RFI process.
Disclaimer
a. The Buyer will not be liable in contract, tort, equity, or in any other way whatsoever for
any direct or indirect damage, loss or cost incurred by any Respondent or any other
person in respect of the RFI process.
b. Nothing contained or implied in the RFI, or RFI process, or any other communication by
the Buyer to any Respondent shall be construed as legal, financial or other advice. The
Buyer has endeavoured to ensure the integrity of such information. However, it has not
been independently verified and may not be updated.
c. To the extent that liability cannot be excluded, the maximum aggregate liability of the
Buyer is $1.
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Precedence
a. Any conflict or inconsistency in the documents forming the RFI shall be resolved by giving
precedence in the following descending order:
i. Key Information
ii. RFI Terms
iii. all other Sections of this RFI document
iv. any additional information or document provided by the Buyer to Respondents
through the Buyer’s Point of Contact or TENDERLINK.
b. If there is any conflict or inconsistency between information or documents having the
same level of precedence the later information or document will prevail.
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Definitions
In relation to this RFI the following words and expressions have the meanings described below.
Advance Notice
A notice published by the buyer on TENDERLINK in advance of publishing the RFI. An
Advance Notice alerts the market to a contract opportunity. Where used, an Advance
Notice forms part of the RFI.
Business Day
Any week day in New Zealand, excluding Saturdays, Sundays, New Zealand (national)
public holidays and all days from Boxing Day up to and including the day after New Year’s
Day.
Buyer
The Buyer is the government agency that has issued the call for Information through a
RFI with the intent of purchasing the goods or services described in the Requirements.
The term Buyer includes its officers, employees, contractors, consultants, agents and
representatives.
Competitors
Any other business that is in competition with a Respondent either in relation to the
goods or services sought under the RFI or in general.
Confidential
Information that:
Information
a. is by its nature confidential
b. is marked by either the Buyer or a Respondent as ‘confidential’, ‘commercially
sensitive’, ‘sensitive’, ‘in confidence’, ‘top secret’, ‘secret’, classified’ and/or
‘restricted’
c. is provided by the Buyer, a Respondent, or a third party in confidence
d. the Buyer or a Respondent knows, or ought to know, is confidential.
Confidential information does not cover information that is in the public domain through
no fault of either the Buyer or a Respondent.
Conflict of Interest
A Conflict of Interest arises if a Respondent’s personal or business interests or
obligations do, could, or be perceived to, conflict with its obligations to the Buyer under
the RFI or in the provision of the goods or services. It means that the Respondent’s
independence, objectivity or impartiality can be called into question. A Conflict of
Interest may be:
a. actual: where the conflict currently exists
b. potential: where the conflict is about to happen or could happen, or
c. perceived: where other people may reasonably think that a person is compromised.
Contract
The written contract/s entered into by the Buyer and Successful Respondent/s for the
delivery of the Requirements.
Deadline for
The deadline that Information are to be delivered or submitted to the Buyer as stated.
Information
Deadline for
The deadline for suppliers to submit questions to the Buyer as stated, if applicable.
Questions
Evaluation
The approach used by the Buyer to evaluate Information as described, if applicable.
Approach
TENDERLINK
Electronic Tenders Service.
GST
The goods and services tax payable in accordance with the New Zealand Goods and
Services Tax Act 1985.
Intellectual
All intellectual property rights and interests, including copyright, trademarks, designs,
Property
patents and other proprietary rights, recognised or protected by law.
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Point of Contact
The Buyer and each Respondent are required to appoint a Point of Contact. This is the
channel to be used for all communications during the RFI process. The Buyer’s Point of
Contact is identified. The Respondent’s Point of Contact is identified in its Information.
Information
The response a Respondent submits in reply to the Buyer’s RFI. It comprises the
Response Form, the Respondent’s Information and all other information submitted by a
Respondent.
RFI
Means the Buyer’s call for Information.
Information of
The Buyer’s call for Information comprises the Advance Notice (where used), this RFI
Interest
document (including the RFI‐Terms) and any other schedule, appendix or document
attached to RFI, and any subsequent information provided by the Buyer to Respondents
through the Buyer’s Point of Contact or TENDERLINK.
RFI‐Terms
Means the Process, Terms and Conditions that apply to this Request for Information
Conditions, as described.
RFI Process, Terms
The government’s standard terms and conditions that apply to RFIs as described. These
and Conditions
may be varied at the time of the release of the RFI by the Buyer. These may be varied
(shortened to RFI‐
subsequent to the release of the RFI by the Buyer on giving notice to Respondents.
Terms)
Requirements
The goods and/or services described, which the Buyer intends to purchase.
Respondent
A person, organisation, business or other entity that submits Information in response to
the RFI. The term Respondent includes its officers, employees, contractors, consultants,
agents and representatives. The term Respondent differs from a supplier, which is any
other business in the market place that does not submit Information.
Response Form
The form and declaration prescribed by the Buyer and used by a Respondent to respond
to the RFI, duly completed and submitted by a Respondents as part of its Information.
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