CONTRACT WORKS REQUEST FOR QUOTES (RFQ) TEMPLATEINSTRUCTIONS

This template is to be used for the procurement of Contract Works with a value of $50,000 – under $100,000 by:

direct source (obtain one quote) closed tender (seek three or more quotes).

The Medium Works Contract ($50,000-$500,000) is to be used with this templateKey to highlighting:

Green: Instructions and guidance Yellow: Content to be inserted by the Procurement Officer Blue: Responses to be inserted by the Tenderer

In this template, the buyer (the Ministry or School Board of Trustees) is referred to as “the Principal” which is the legal entity that enters into a contract (not to be confused with the “school principal”).Contractors that submit a Quote or are invited to submit a Quote are referred to as “Tenderers”.When identifying the name of the school in the Procurement title, follow this with (the School). The specified school may then be referred to as “the School” throughout the RFQ.Content in the RFQ must be consistent with the relevant approved Procurement Plan.Prior to publication:

1. delete all unused optional content2. ensure all [green] and [yellow] highlighting has been removed3. delete the Instructions page (this page)4. save Section 4 Form of Quote as a Word document (file name: Form of Quote Procurement

Title at Name of School5. save the whole RFQ document (including Section 4: Form of Quote) as a PDF document

(file name: “Procurement Title at Name of School RFQ”)6. when inviting quotes, send both the RFQ (pdf) and Section 4 Form of Quote (Word

document) to Tenderers (this allows the Tenderer to populate Word document/Form of Quote)

THIS INSTRUCTIONS PAGE AND ALL GREEN AND YELLOW HIGHLIGHTING MUST BE DELETED PRIOR TO

SUBMITTING THIS DOCUMENT FOR ENDORSEMENT/APPROVAL/ISSUING

Contract Works RFQ 2017-2

[The Ministry of Education[Or]The Board of Trustees for [Name of School]

(the Principal)Request for Quotes (RFQ)

[Nature of the Contract Works] for [Nature of the Project] at [Name of School] (the School)[e.g. Main Building Contractor for the Construction of a bike shed at Bugtown School (This is the “procurement title”)]Reference Number (if available)

RFQ released: [Date]Deadline for Quotes: [Time date]

Contract Works RFQ 2017-2

SECTION 1: Key Information1.1 Context

a. This Request for Quote (RFQ) is an invitation to suitably qualified potential suppliers (Tenderers) to submit a Quote for the procurement title at Name of School. Contract opportunity.

b. Words and phrases that have a special meaning are shown by the use of capitals. Definitions are in the RFx Terms and Conditions (Section 1.5). Contractors invited to submit a Quote in response to this RFQ are referred to as Tenderers.

c. The Proposed Contract is based on the Ministry of Education’s (The Ministry’s) [Minor Works Contract][under 50,000] [OR] [Medium Works Contract][$50,000-$500,000].

d. General background information on New Zealand’s school property portfolio is at: Information for Suppliers.

1.2 Our timelinea. The indicative timeline for this RFQ is:

Deadline for Questions from Tenderers [Optional] [Time][Date]

Deadline for Quotes [Time] [Date]

Anticipated Contract start date: [Date]

b. All dates and times are dates and times in New Zealand. c. The timeline may be subject to change via Tender Notification.

1.3 How to contact usa. The Point of Contact for this RFQ is:

Name: [Procurement Officer name]Role: Procurement OfficerEmail address: [Procurement Officer’s email address]b. All enquiries in relation to this RFQ must be directed to the Point of Contact. Requests

for clarification and questions relating to developing a Quote must be made before the Deadline for Questions (Section 1.2a). All communications in relation to this RFQ will be managed by the Point of Contact.

1.4 Developing and submitting your Quotea. Quotes for this RFQ must include all the information requested in and be in the format

and set out in the Form of Quote (Section 4). A Microsoft Word document version of the Form of Quote is included with the RFQ.

b. Tenderers must complete and sign the Tenderer’s Declaration in the Form of Quote.

c. [Optional][Additional instructions e.g. limit on number of pages and font size, format for soft copies etc.]

d. Quotes for this RFQ must be submitted by email to the Point of Contact email address (Section 1.3a). Quotes submitted by any other means may be rejected as non-compliant.

e. Tenderers’ Quote must be named:

Tenderer Name - Procurement Title at Name of School Form of Quote

CONTRACT WORKS RFQ 2017-2 Page 3 of 17

1.5 RFQ Process Terms and Conditionsa. This RFQ is a closed Tender process and is subject to the RFx Process Terms and

Conditions at: School Property Procurement RFx Process Terms and Conditions (Conditions-of-Tendering) 2017-2.pdf

b. Offer Validity Period: In submitting a Quote the Tenderer agrees that their Quote will remain open for acceptance by the Principal for [number] calendar months from the Deadline for Quotes.

c. Any concern or complaint a Tenderer has in regard to this RFQ must be raised with the Point of Contact (Section 1.3) in the first instance.

d. If an issue or complaint remains unresolved following best endeavours at resolution with the Point of Contact, the issue or complaint may be escalated by emailing the Ministry’s Education Infrastructure Service Procurement Team: EIS.Procurement@education.govt.nz (Email title: Issue with Tenderer Name - Procurement Title at Name of School RFQ).

1.6 Tender Documentsa. Documents attached to this RFQ and which form part of this RFQ (Tender Documents)

are:

i. RFQ (pdf)ii. Form of Quote (Word document)

iii. Medium Works Contract (the Works Contract): The Contract Agreement

Part 1 – Special Conditions of Contract Part 2 – General Conditions of Contract for Medium Works Contract

Agreementiv. Drawings as listed: [appended to the RFQ as A3 documents with a drawing

register as a record. Drawings may be electronically issued providing a hard copy record is maintained]

[Drawing number – drawing title – description]v. Specifications as listed:

[Specification number – specification title – description]vi. [Other information (specify)][E.g. resource consent information, topographical

surveys, soil investigation reports, building survey reports, existing information related to utilities, asbestos survey records, information on known health and safety risks]

b. The order of priority of Tender Documents is stipulated in the Works Contract.

CONTRACT WORKS RFQ 2017-2 Page 4 of 17

SECTION 2: The Requirement2.1 Background[Describe the project (of which this procurement is a part) in sufficient detail to provide a context for understanding the overall Scope of Works. This may include:

Outcome sought History

Overview of the programme of which this project is a part requirements for phasing and/or staged handover of the project

Project consultants are:o [e.g. Project Manager]: [name]

o [e.g. Quantity Surveyor]: [name]

o [e.g. Lead Designer]: [name]

o [Other (specify)]: [name].].

2.2 Required solution (method and approach)a. The Contract Works required are detailed in the Tender Documents listed in Section

1.6 and in this regard:

i. the Principal is not bound to accept any Quote that contains any exclusion(s) or deviation(s) from the requirements of the Tender Documents (Tags)

ii. the Tenderer must price its Quote on the basis of full compliance with the Tender documents and failure to do so may result in the Quote being excluded from further evaluation and/or selection as preferred

iii. a Quote containing Tags may, at the Principal’s sole discretion, have price adjustments applied to the Quote price in order to maintain comparability between Quotes.

b. Timeframes are:i. [indicative/preferred/required] start date: [date]

ii. [indicative/preferred/required] [milestones]: [date]iii. [indicative/preferred/required] Due Date for Completion: [date]

iv. limitations (e.g. work to be completed during school holidays)].c. To satisfactorily deliver the Contract Works, the Contractor must:

i. have a comprehensive, workable programme for completing the Contract Worksii. have a robust method, approach, systems and processes to effectively manage

cost, time, quality and health and safety risksiii. operate a documented health and safety policy and health and safety system that

aligns with AS/NZS 4801:2001 and the requirements set out at Property projects: contractor health and safety.

iv. implement a [Option 1] [Site Specific Safety Plan (SSSP) for the Contract Works that aligns with the SSSP at: Property projects: contractor health and safety] [Option 2] [Task Analysis for the Contract Works that aligns with the Task Analysis at: Property projects: contractor health and safety]. [A SSSP should be required when indicated by the complexity and/or risks associated with the Contract Works (e.g. working at height, overhead/underground work, presence of asbestos)]

CONTRACT WORKS RFQ 2017-2 Page 5 of 17

d. Safety hazards and associated critical risks that have been identified as specific to the Contract Works and which must be included in the [SSSP [OR] Task Analysis] are:i. [List safety hazards and associated critical risks identified to date].

e. Contractor’s personnel (including those of all subcontractors) who are likely to have unsupervised (not chaperoned by a school staff member or parent) access to students at the School during normal school hours must be Police vetted (a review by the school Board of Trustees of a person’s criminal conviction and other relevant information held by the New Zealand Police Vetting Service). An adverse police vet may result in the vetted person being refused access to the School.

f. [Include if the Contract Works include installation of ICT cabling]ICT network installations must be conducted by an installer from the Ministry Approved ICT Cabling Installer List.xls in compliance with the standards at: ICT Cabling Infrastructure policy and standards for schools.

g. The Ministry will provide Contract Works Insurance for accidental loss and/or damage under the Proposed Contract. An Excess of $5,000 will apply to all Contracts, except $25,000 for loss arising from testing and commission (the supplier will be liable for the Excess). Further information is available at: Insurance for school property projects.

h. The Principal will be responsible for maintaining insurance for existing structures within the defined boundary of the site. Existing structures and relevant insurance policies will be identified in the Works Contract. The Contractor will be liable for paying any excess on such policies where it is responsible for damage to the existing structures.

i. The Contractor will be required to maintain insurances as detailed in the Works Contract:

i. A minimum of $2 million Public Liability insurance.ii. a minimum of third party motor vehicle insurance for all vehicles to be used in

delivering the Contract Worksiii. sufficient insurance for the plant and equipment used to complete the Contract

Works.

2.3 Capability (skills and expertise)a. The Contractor must have sufficient capability to satisfactorily deliver the Contract

Works as evidenced by:

i. relevant, recent experience (delivering Contract Works of a similar nature in a comparable setting)

ii. a good track record (supported by confirmation from referees and any other information the Principal may have or obtain).

b. [Optional]The Contractor must nominate specific individuals (Key Personnel) for the following key roles:

i. [e.g. Contract Representative]ii. [e.g. Site Manager]

iii. [e.g. Site Foreman]iv. [e.g. Quality Manager]

v. [e.g. Health and Safety Manager]c. Key Personnel must have sufficient capability to enable the Contractor to satisfactorily

deliver the Contract Works as evidenced by the Key Personnel having:i. relevant, recent experience

CONTRACT WORKS RFQ 2017-2 Page 6 of 17

ii. a good track record (supported by confirmation from referees and any other information the Principal may obtain or have in its possession)

iii. [Optional]The following qualification/certification/accreditation/professional membership:

[Specify the key role, the qualification/certification/accreditation/professional membership and whether it is required or preferred].

d. [Optional] The Contractor must confirm subcontracting arrangements for the following key trades: i. [Key Trade]

e. Subcontractors for key trades must have sufficient capability and experience of working with the Tenderer to enable the Contractor to satisfactorily deliver the Contract Works.

f. The Contractor must be capable in relation to health and safety as evidenced by accreditation to one of the following health and safety accreditations or to a comparable health and safety accreditation:

i. AS/NZS 4801:2001 (Occupation Health and Safety Management Systems)ii. One of the industry based health and safety accreditations listed at Property

projects: contractor health and safety.

2.4 Capacity (resources and availability)The Contractor must have sufficient capacity to satisfactorily deliver the Contract Works by the Due Date for Completion as evidenced by:

i. sufficiency and availability of organisational resourcesii. sufficiency and availability of Key Personnel

iii. [Optional]contingency: adequacy of the back-up resources (including for Key Personnel).

2.5 Pricea. Pricing information required from Tenderers and the format for its presentation are

detailed in Section 4 Form of Quote.b. The Price must:

i. include a breakdown of the costs, fees, expenses and charges associated with the satisfactory delivery of the Contract Works and remedying of defects in the whole

ii. clearly state the total Contract Price in NZ$ exclusive of GSTiii. specify all rates (either hourly or daily or both as required) where the Price, or part

thereof, is based on fee ratesiv. take into account all risks, contingencies and other circumstances relating to the

satisfactory delivery of the Contract Works including adequate provision in the Price to manage such risks and contingencies.

v. Include reference to all assumptions and qualifications made about the satisfactory delivery of the Contract Works, including in the financial Pricing information. Any assumption that the Principal or a third party will incur cost related to the delivery of the Contract Works must be stated, and the cost estimated, if possible.

c. Unless otherwise agreed, the Principal will arrange contractual payments in NZ$.

d. If a quoted Price is substantially lower than other Quotes (an abnormally low bid), or the Principal is not satisfied that the quoted Price is not adequate to meet the

CONTRACT WORKS RFQ 2017-2 Page 7 of 17

obligations of the Contract, the Principal may exclude the Tenderer from further evaluation or selection as preferred or seek to verify that the Tenderer is capable of satisfactorily delivering the Contract Works and meeting all of the conditions of the Proposed Contract for the price quoted.

e. The Principal is under no obligation to check Tenderers’ pricing for errors or omissions.

f. If the Principal discovers price errors and/or omissions in a Quote, the Principal will notify the relevant Tenderer and the Tenderer may be given the opportunity to:

i. correct such error and/or omission so long as by the correction there would be no material prejudice to any other Tenderer (as determined by the Principal in its sole discretion),

ii. confirm that its Quote remains open for acceptance notwithstanding the error, or

iii. withdraw its Quote.g. Acceptance of a Quote that contains (an) error(s) will not invalidate the Contract

formed by that acceptance.

CONTRACT WORKS RFQ 2017-2 Page 8 of 17

SECTION 3: Evaluation of Quotes3.1 Evaluation Method

a. Quotes will be evaluated using a Conformance and Value evaluation method:

1. Quotes will be scored for each of the following non-price criteria: Required Solution: comprehensiveness, deliverability and robustness of

method, approach, systems and processes (including for health and safety) Capability: skills and expertise (organisational and of personnel) as

evidence by qualifications, recent relevant experience and track record Capacity: sufficiency of resources and availability

A Quote that scores 4/10 or less for any criterion will be deemed not to conform (meet the requirement) and may be excluded from further evaluation and/or selection. A Quote evaluated as being unacceptable for health and safety will be scored 4/10 or less (deficient or unacceptable) for Proposed Solution and/or Capability and may be excluded from further evaluation/selection.

2. Prices and non-price scores of conforming Quotes will be compared and the Quote that is determined represents best value for money will be selected as preferred. Additionally, Quote prices may be compared with those of recent, comparable engagements and/or with evaluators’ experience to determine whether they are within reasonable market expectations.

3. A quote may be excluded from further evaluation or selection subject to due diligence.

b. The criteria scoring scale is:

Rating Definition Score

EXCELLENT Exceeds the criterion to provide substantial additional benefit and/or reduction of risk 9-10

GOOD Exceeds the criterion to provide some additional benefit and/or reduction of risk 6-8

ACCEPTABLE Meets the criterion 5

MINOR DEFICIENCY Does not meet the criterion due to minor deficiency or risk 3-4

MAJOR DEFICIENCY Does not meet the criterion due to major deficiency or risk 1-2

UNACCEPTABLE Does not comply, insufficient information provided or unacceptable deficiency or risk 0

3.2 Due Diligencea. Due diligence may be undertaken on one or more Quote/Tenderer and the results may

be taken into account in the evaluation/selection process. Due diligence may include:

i. reference checksii. clarifications, interviews, and/or presentations

iii. Police vetting of personneliv. other checks (e.g. validity of proposal, financial, probity, legal)

CONTRACT WORKS RFQ 2017-2 Page 9 of 17

SECTION 4: Form of Quote[QUESTIONS IN THIS SECTION (4: FORM OF QUOTE) ARE SAMPLES ONLY AND MUST BE AMENDED/ADDED TO/DELETED TO SUIT THE REQUIREMENTS OF THE PROCUREMENT.]

Procurement Title at Name of School and Reference number (if available)]

4.1 Tenderer’s Details

Tenderer’s name: [Tenderer’s trading name]

Full legal name (if different)

[Legal name]

Physical address [Main or head office]

Postal address [E.g. P.O Box address]

Registered office [Registered office if applicable]

GST registration number [NZ GST number OR Overseas based]

4.2 Tenderer’s Contact Person

Contact person [Full name of the person authorised to represent the Tenderer]

Title/position [Title/position of the Tenderer’s contact person]

Telephone number [Area code - number]

Mobile number [Prefix - number]

Email address [Email address]

4.3 Required Solution (Method and Approach)

4.3.1 Describe the Tenderer’s (your) proposed method and approach for satisfactorily delivering the Contract Works including:

outline construction management plan construction methods your systems and processes key benefits of your quote identification of key risks and a description of how each will be managed.

[Answer]

4.3.2 Provide (as a [number] x A3 page appendix to your Quote) a preliminary works programme for satisfactorily delivering the Contract Works by the required completion date including:

critical path phasing/staging.Provide a supporting statement outlining:

key dependencies and risks opportunities and options for completing the works earlier if feasible.

[Answer (supporting statement)] [Append preliminary Works programme to your Quote]

4.3.3 [To be included if the works include the requirement for Information and

CONTRACT WORKS RFQ 2017-2 Page 10 of 17

4.3 Required Solution (Method and Approach)

Communication Technology (ICT) network installation]Confirm that ICT Network products and installations proposed will comply with the Ministry’s ICT Cabling Infrastructure Policy and Standards for Schools and that you are (or will subcontract ICT installation to) one of the Ministry’s Approved ICT Installation Contractors. If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.3.4 Confirm that you operate a documented health and safety policy and system that aligns with AS/NZS 4801:2001 and the requirements set out at Property projects: contractor health and safety.If confirmed, state how long your organisation has operated its health and safety policy and system. If not confirmed, provide an explanation.

[Confirmed: [state how long your organisation has operated its health and safety policy and system] / Not Confirmed: [Explanation]]

4.3.5 Append a draft [SSSP [OR] Task Analysis] for this Works Contract or a previous example of a [SSSP [OR] Task Analysis] that includes the management of the site specific safety hazards and associated critical risks listed at Section 2.2d.

[Append a draft SSSP]

4.4 Capability (Skills and Expertise)

4.4.1 Describe your relevant experience and provide two recent examples of the delivery of delivering Contract Works of a similar nature in a comparable setting.

[Answer]

4.4.2 Nominate specific personnel (Key Personnel) for each of the key roles listed in Section 2.3b and for each; provide the following:

full name relevant qualifications/certifications/accreditations membership of relevant professional bodies/associations a brief overview of recent employment history including:

o employers and locations

o dates employed

o roles and responsibilities

a description of recent, comparable engagements that the nominated person has acted in the key role.

[List the key roles for which the Tenderer is required to nominate a Key Personnel as listed in Section 2.3b]

[e.g. Contract Representative]: [nominated person information] [e.g. Site Manager]: [nominated person information] [e.g. Site Foreman]: [nominated person information] [e.g. Quality Manager]: [nominated person information] [e.g. Health and Safety Manager]: [nominated person information]

4.4.3 List the nominated subcontractors for each of the key trades listed in Section 2.3c and for each, provide the following information:

CONTRACT WORKS RFQ 2017-2 Page 11 of 17

4.4 Capability (Skills and Expertise)

nominated subcontractor’s name contact person/telephone number relevant experience key personnel and their relevant experience track record working with your organisationWhere a key trade is not to be subcontracted, state “In house”.

[List the key trades as detailed in Section 2.3c]

[Key trade 1]: [subcontractor information] [Key trade 2]: [subcontractor information]

4.4.4 Confirm your accreditation to one of the following health and safety accreditations or to a comparable health and safety accreditation:

AS/NZS 4801:2001 (Occupation Health and Safety Management Systems) One of the industry standard health and safety accreditations listed at Property

projects: contractor health and safety.

If confirmed, specify which accreditation and append evidence. If not confirmed, provide an explanation.

[Confirmed: [specify which accreditation and append evidence] / Not Confirmed: [Explanation]]

4.5 Capacity (Resources and Availability)

4.5.1 Describe how you will ensure that sufficient suitable resources (personnel (including subcontractors), plant and equipment) will be available for the satisfactory delivery of the Contract Works by the Due Date for Completion including:

what resources will be assigned to carry out the Contract Works (numbers and whether employees or subcontractors)

local presence of the your resources potential resource constraints or circumstances that may affect capacity (e.g.

other engagements) any other capacity related risks and how you intended to manage them back-up resource (contingency) planning.

[Answer]

4.5.2 Confirm the full availability of all Key Personnel nominated in Section 4.4.2. If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.6 Price

State your Total Contract Price in NZ$ exclusive of GST for the satisfactory delivery of the Contract Works (including remedying defects in the whole) and provide a breakdown of the costs, fees, expenses and charges that make up your quoted Total Contract Price.

[List enough significant price components to be able to determine whether the quoted Price

CONTRACT WORKS RFQ 2017-2 Page 12 of 17

4.6 Price

is likely to be adequate to meet the obligations of the Contract]

The Total Contract Price is composed of:

[Key trade] price component: $[Amount] [Key trade] price component: $[Amount] Other trades price component: $[Amount]

[List the trades that comprise the “other trades price component”]

[key preliminary and general] price component: $[Amount] [key preliminary and general] price component: $[Amount] Other preliminary and general price component: $[Amount]

[List the preliminary and general items that comprise the “other preliminary and general price component”]

Total Contract Price: $[Amount]

4.7 Police Vetting [To be included if the Contract Works are likely involve unsupervised access to students at the School during normal school hours for that school]

Confirm that all personnel (including all subcontractors) who are likely to have unsupervised access to students at the school during normal school hours agree to be Police vetted. If unable to confirm, provide an explanation.

Note:

“unsupervised” means not chaperoned by a school staff member or parent. A Police vet is a review by the School of a person’s criminal conviction and other

relevant information held by the New Zealand Police Vetting Service.

[Confirmed / Not Confirmed: [Explanation]]

4.8 Insurance

4.8.1 Confirm that for this engagement you agree to be insured for accidental loss and/or damage under the Ministry’s Contract Works Insurance (including an excess of $5,000 except for an excess of $25,000 for loss arising from testing and commissioning) (Insurance for school property projects). If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.8.2 Confirm that for the Contract Works, you agree to maintain a minimum of $2 million Public Liability insurance. If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.8.3 Confirm that you maintain a minimum of third party motor vehicle insurance for all vehicles to be used to deliver the Contract Works. If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.8.4 Confirm that you maintain sufficient insurance for all plant and equipment to be used

CONTRACT WORKS RFQ 2017-2 Page 13 of 17

to deliver the Contract Works. If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.9 Due Diligence

The Principal may undertake checks to assess the risk of entering into a Contract with a Tenderer. A Quote may be excluded from further evaluation or selection as preferred if the Principal determines that entering into a Contract with a Tenderer represents a significant risk to the principal.

4.9.1 Confirm that there are no events, matters or circumstances, actual, contemplated or threatened, that have or may represent a risk to the Principal or affect your ability to satisfactorily deliver the Contract Works including (but not limited to):

actions of insolvency proceedings, bankruptcy, administration (voluntary or otherwise), statutory management, compulsory winding up, receivership or similar

legal proceedings, investigation or the threat of investigation by any regulatory or investigative authority such as the Commerce Commission, Serious Fraud Office or the Financial Markets Authority

structural/ownership changes (e.g. merger, sale, restructure) disputes (e.g. union dispute, legal dispute, court action) being declared a threat to national security or the confidentiality of sensitive

government information being designated as a terrorist by New Zealand Police.If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.9.2 Confirm that your organisation is not a “phoenix” organisation or similar (an organisation which has an association with (e.g. common directors/shareholders) or that is used to take on the business of a failed organisation or an organisation considered to have a poor reputation). If unable to confirm, provide an explanation including the name of the organisation from which your organisation is a phoenix organisation.

[Confirmed / Not Confirmed: [Explanation]]

4.9.3 Confirm that that no director, principal or Key Personnel of your organisation:

is the subject of any legal proceedings, investigation or the threat of investigation by any regulatory or investigative authority such as the Commerce Commission, Serious Fraud Office or the Financial Markets Authority

has been convicted of a criminal offence related to business or professional conduct

has been declared to be bankrupt, in receivership or liquidation has made a false declaration has had a serious performance issue in relation to previous Contract Works has been convicted of professional misconduct or any serious crime or offence

(or has any pending) has performed an act or omission which has adversely reflected on the

commercial integrity of your organisation has failed to pay taxes, duties or other levies has been declared a threat to national security or the confidentiality of sensitive

CONTRACT WORKS RFQ 2017-2 Page 14 of 17

government information is a person or organisation designated as a terrorist by New Zealand Police. If unable to confirm, provide an explanation.

If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.10 Conflicts of Interest

4.10.1 Confirm that you are not aware of any circumstance that may represent an actual, potential or perceived Conflict of Interest between your interests and your duties and responsibilities in delivering the Contract Works. If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.10.2 Confirm that you are not aware of any of the Principal’s personnel having any interest in, or association with you that may give rise to any perceived, potential or actual Conflicts of Interest. If unable to confirm, provide an explanation.

[Confirmed / Not Confirmed: [Explanation]]

4.11 Respondent’s Declaration

Subject Declaration Declaration

4.11.1 RFx Process Terms and Conditions

I have read and fully understand this RFQ including the RFx Process Terms and Conditions (detailed in Section 1.5) and related notifications (notices and clarifications). I confirm that the Tenderer agrees to be bound by them.

[Agree/Disagree]

4.11.2 Collection of further information

The Tenderer authorises the Principal to:

a. collect any information about the Tenderer, except commercially sensitive pricing information, from any relevant third party, including a referee, or previous or existing client

b. use such information in the evaluation of this Quote.

The Tenderer agrees that all such information will be confidential to the Principal.

[Agree/Disagree]

4.11.3 The Requirement

I have read and fully understand the nature and extent of The Requirement (Section 2). I confirm that the Tenderer has the necessary capability and capacity to meet or exceed the Requirement (satisfactorily deliver the Contract Works by the Due Date for completion).

[Agree/Disagree]

4.11.4 Ethics In submitting this Quote the Tenderer confirms that it:

a. has not entered into any improper,

[Agree/Disagree]

CONTRACT WORKS RFQ 2017-2 Page 15 of 17

4.11 Respondent’s Declaration

illegal, collusive or anti-competitive arrangements with any Competitor

b. has not directly or indirectly approached any representative of the Principal (other than the Point of Contact) to lobby or solicit information in relation to the RFQ

c. has not attempted to influence, or provide any form of personal inducement, reward or benefit to any representative of the Principal.

4.11.5 Offer Validity Period

I confirm that this Quote, including the Price, remains open for acceptance for the Offer Validity Period stated in Section 1.6b.

[Agree/Disagree]

4.11.6 Conflict of Interest declaration

All Conflicts of Interest that the Tenderer is aware of have been reported in the Conflict of Interest Section of the Form of Quote. Where a Conflict of Interest arises during the RFQ process the Tenderer will report it immediately to the Principal’s Point of Contact.

[Agree/Disagree]

DECLARATION

I declare that in submitting this Quote and declaration:

a. the information provided is true, accurate and complete and not misleading in any material respect

b. the Quote does not contain Intellectual Property that will breach a third party’s rights

c. I have secured all appropriate authorisations to submit this Quote, to make the statements and to provide the information in the Quote and I am not aware of any impediments to entering into a Contract to deliver the Contract Works.

d. I understand that the falsification of information, supplying misleading information or the suppression of material information in this declaration and the Quote may result in the Quote being eliminated from further participation in the RFQ process and may be grounds for termination of any Contract awarded as a result of the RFQ.

By signing this declaration the signatory below confirms that he/she has been authorised by the Tenderer to make this declaration on its behalf.

Signature: [Signature of the person authorised to represent the Tenderer]

Full name: [Full name of the person authorised to represent the Tenderer]

Title/position: [Title/position of the person authorised to represent the Tenderer]

Tenderer’s name: [Tenderer’s trading name]

Date: [Date]

CONTRACT WORKS RFQ 2017-2 Page 16 of 17

4.12 Tenderer’s Checklist

4.12.1 All sections of the Form of Quote have been completed.

4.12.2 The Tenderer’s Declaration has been completed and signed by the person authorised to represent the Tenderer

4.12.3 The following documents are being submitted by the Tenderer:

Form of Quote (completed) Draft or example SSSP Evidence of health and safety accreditation [Specify].

CONTRACT WORKS RFQ 2017-2 Page 17 of 17