REQUEST FOR OFFER

DOCUMENT NUMBER (issued by Procurement after submission)

Date of Issue:

Bids Close:

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REQUEST FOR OFFER

1 INTRODUCTION

Queensland University of Technology (QUT) invites Offers for [Insert requirement here] as more specifically identified in the Brief to Respondents.

The objective of this Request for Offer (RFO) is to allow QUT to receive and evaluate Offers from Respondents for the provision of the goods and services specified in the Brief to Respondents. This RFO may be conducted on an open or closed basis at QUT’s discretion.

Respondents are urged to register their organisation’s interest (if they have not already done so,) by accessing the Queensland Government Marketplace eTender website at: https://secure.publicworks.qld.gov.au/etender/index.do from where this document can be downloaded electronically and further information regarding this tender can be obtained, progress of the tender monitored and from which additional information and addenda will automatically be transmitted by email direct to registered tenderers.

2 DEFINITIONS

In this document:

“Brief to Respondents” means the document in Annexure 2.

“Closing Date” means the time and date set out in Item 1 of Annexure 1.

“Confidential Information” means:

(a) any technical or commercial information, know-how, data, drawings, specifications or designs supplied or made available by QUT or brought into existence by the Respondent for the submission of the Offer, including (but not limited to) the information in the RFO Documents and the Respondent’s Offer;

(b) any information which by its nature is confidential or is designated as confidential or the Respondent or prospective Respondent ought to know if confidential,

and includes information:

(c) comprised of or relating to any intellectual property rights of QUT;

(d) concerning the internal management and structure, personnel, processes and policies, commercial operations, financial arrangements or affairs of QUT;

(e) that is of actual or potential commercial value to QUT;

(f) relating to the clients or suppliers of QUT,

but does not include information which;

(g) is in the public domain other than through a breach of an obligation of confidentiality;

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(h) was already in the possession of the Respondent or prospective Respondent and not subject to an obligation of confidentiality;

(i) is lawfully received from a third party or independently developed by the Respondent or prospective Respondent.

“Conflict of Interest” means having an interest (whether personal, financial or otherwise) which conflicts or may reasonably be perceived as conflicting with the ability of the Respondent to submit an Offer fairly and objectively.

“Contract” means a contract for the supply of the goods and/or services formed in accordance with clause 16 on the terms of the information submitted in the completed Response Form.

“Evaluation Criteria” means the criteria specified in Item 6 of Annexure 1.

“Government Agency” means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity.

“ICT products and/or services” includes all types of technology (data, voice, video, etc.) and associated resources, which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. All resources required for the implementation of ICT are encompassed, namely equipment, software, facilities and services, including telecommunications products and services that carry voice and/or data.

“Offer” means any Response Form lodged in response to the RFO.

“Process Terms” means the terms set out in clause 1 to 32.

“QUT Representative” means the person specified as the QUT representative in item 3 of Annexure 1.

“RFO Process” means the process of requesting Offers for the provision of the goods and/or services, the Respondent’s preparation and submission of an Offer, communication between the parties in relation to the RFO and/or Offer, evaluation of Offers and the subsequent acceptance or rejection of Offers.

“Respondent” means any person lodging an Offer.

“Respondent Representative” means the person nominated as the respondent representative in its Offer.

“Response Form” means the form in Annexure 3.

“Validity Period” means the period commencing on the date specified for release of the RFO and ending on the date specified in item 2 of Annexure 1.

3 RFO DOCUMENTS

3.1 The RFO comprises the following documents:

(a) Process Terms;

(b) the Brief to Respondents;

(c) the details of the Request as set out in Annexure 1; and3

(d) the Response Form,

(RFO Documents).

3.2 In the event of any inconsistency between the documents specified in clause 3.1, the document alphabetically first in the order (a) - (d) shall prevail to the extent of the inconsistency

4 ICT PRODUCTS AND SERVICESIf the goods and/or services the subject of the RFO comprise ICT Products and Services, the Respondent agrees to comply with the additional provisions in Annexure 4.

5 REPRESENTATIVES5.1 All notices, instructions, information and other communications that the Respondent is

required to give to QUT in relation to the RFO must be given to the QUT Representative, except as otherwise provided. The QUT Representative may at any time delegate to any person any of the powers and duties vested in it and will provide the Respondent with notice in writing of this delegation.

5.2 The Respondent must identify the Respondent Representative in its Offer. The Respondent must notify QUT of the details of any replacement Respondent Representative.

5.3 The Respondent Representative represents and acts for the Respondent at all times and the Respondent will be bound by the actions of the Respondent Representative. Matters within the knowledge of the Respondent Representative are taken to be within the knowledge of the Respondent.

5.4 Any notices, instructions, information and other communications QUT provides to the Respondent Representative will be deemed to have been delivered to the Respondent.

6 RESPONDENT TO FULLY INFORM ITSELF

6.1 By lodging an Offer, the Respondent warrants to QUT that it has:

(a) read and understood the RFO Documents and any other information QUT makes available and has satisfied itself as to the correctness and sufficiency of those documents;

(b) carefully examined the contents of the RFO Documents and any other information made available by QUT for the purpose of submitting an Offer;

(c) examined all information relevant to the risks, contingencies and other circumstances having an effect on the Offer;

(d) if required, examined all physical areas and facilities relevant to the supply of the goods or performance of the services;

(e) informed itself of the nature of the obligations to be performed under the Contract, including the labour, plant, materials, mechanical plant and other resources necessary, suitable or desirable to perform the obligations under the Contract;

(f) satisfied itself as to the correctness and sufficiency of its Offer for the performance of the obligations under the Contract and that its rates and other prices (if any) include compliance with all its obligations under the Contract and of

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all matters and things necessary for the due and proper performance and completion of the Contract; and

(g) not relied on information provided by QUT or by any person for or on behalf of QUT or represented to be provided for or on behalf of QUT without independently verifying such information and independently satisfying itself of the adequacy, accuracy and correctness of such information.

6.2 The Respondent further warrants that:

(a) any Offer lodged is accurate and complete in all respects and complies in all respects with the RFO Documents and all applicable laws;

(b) there is no legal or other impediment to the Respondent entering into the Contract and doing all things required under the Contract;

(c) it is a solvent legal entity and under no form of insolvency, administration or legal disability to contract of any kind; and

(d) it has, after diligent inquiry and investigation, fully disclosed to QUT in the Offer all information (within its knowledge or which should have been within its knowledge) which could reasonably be regarded as affecting in any way the decision of QUT to accept or reject the Offer.

6.3 The warranties in clause 6.1 and 6.2 are given on the date the Offer is lodged and will continue during the RFO Process and any subsequent stage of QUT’s consideration of the project and any Contract with the Respondent.

6.4 The Respondent must inform QUT immediately in writing if any change in circumstances renders any information in its Offer inaccurate or incomplete.

7 CONTENTS OF OFFER

7.1 Offers must:

(a) be submitted on a fully completed Response Form, including any and all annexures;

(b) be submitted by the Closing Date in accordance with clause 8.1;

(c) be duly executed by the Respondent; and

(d) include any and all supporting documentation specified in the RFO.

7.2 QUT may strictly enforce the Closing Date, but reserves the right to accept late Offers. QUT may extend the Closing Date by notice in writing to the Respondent.

7.3 An Offer may be considered as non-conforming if:

(a) the Respondent fails to supply any of the information required to be supplied under the RFO;

(b) the Respondent fails to lodge the Offer by the Closing Date;

(c) it does not accord with the requirements of any of the RFO Documents; or

(d) it has been lodged on the basis of any condition or qualification.

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7.4 A Respondent may lodge alternative non-conforming Offers provided that non-conforming Offers are accompanied by a clear summary of all instances of non-conformance.

7.5 QUT may for any reason and at any stage during the RFO Process, decline to consider any non-conforming Offers. QUT is not obliged to provide reasons for non-acceptance of any non-conforming Offer.

8 LODGEMENT OF OFFER

8.1 Offers must be lodged electronically to the Queensland Government eTendering site at: https://secure.publicworks.qld.gov.au/etender/index.do or such other method specified in Annexure 1.

8.2 Lodgement Enquiries can be sent to [Insert].

8.3 Offers will not be publicly opened.

9 OWNERSHIP OF OFFER DOCUMENTS

9.1 The Offer and supporting documentation submitted by each Respondent in connection with this RFO become the property of QUT at the time of submission.

9.2 The Respondent grants to QUT and its advisers, contractors and consultants an irrevocable, world-wide, royalty-free, non-transferable, non-exclusive licence to copy, adapt, modify, disclose or otherwise use the intellectual property incorporated in the Offer for the purposes of:

(a) evaluating and clarifying the Offer; and

(b) negotiating, executing and performing the Contract, if any.

10 BINDING OBLIGATIONS

10.1 The Respondent agrees that submission of an Offer creates a contract between QUT and the Respondent governing the RFO Process on the terms of this RFO, including the Process Terms.

10.2 An Offer constitutes an offer binding on the Respondent and capable of acceptance by QUT at any time before the expiration of the Validity Period.

10.3 By submitting an Offer, the Respondent agrees:

(a) that its Offer, including terms and prices, will remain valid and irrevocable until the end of the Validity Period;

(b) not to replace, amend or supplement its Offer unless requested to do so by QUT; and

(c) any replacement, amendment or supplement to your Response will constitute a co-existing offer binding on you and capable of acceptance by QUT.

11 CHANGES TO REQUEST

At any time prior to the Closing Date QUT may issue, in writing, additional or different information to Respondents, which shall be taken into account in preparation of the Offer. Any such information will be posted to the Queensland Government eTendering site.

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12 AMENDMENT TO OFFER

12.1 The Respondent must not amend or withdraw its Offer during the Validity Period, unless QUT agrees.

12.2 If the Respondent purports to amend or withdraw its Offer (without the agreement of QUT), QUT may in its absolute discretion accept the Offer in the amended form or in the form originally submitted.

12.3 The Respondent must inform QUT promptly in writing of any material change:

(a) to any information in its Offer;

(b) in circumstances that may affect the truth, completeness, or accuracy of any of the information provided in connection with the Offer; or

(c) which could impact adversely on its ability to perform the obligations in relation to the good and/or services specified in the RFO.

12.4 If QUT accepts any amendment or supplementary information provided by a Respondent, then such amendment or supplementary information will be taken to form part of the Respondent’s Offer.

13 FURTHER INFORMATION

13.1 The Respondent must if requested by QUT:

(a) provide further information in relation to the Offer or any aspect of the Respondent’s capacity to perform the Contract;

(b) give a presentation at a time or place nominated by QUT in relation to the Offer;

(c) consent to and co-operate with a check or audit of the Respondent’s financial status by an auditor or other person appointed by QUT;

(d) allow QUT or its agent to inspect any facility or equipment proposed for use in the performance of the Contract; and

(e) allow QUT or its agents to contact any referee nominated by the Respondent and authorise QUT to obtain information about the Respondent from any third party whom QUT reasonably considers may be able to provide information about the Respondent or which is pertinent to the Offer.

13.2 QUT may prior to the Closing Date hold briefing and clarification sessions for prospective Respondents (whether separately or together) at times and venues to be advised by QUT.

13.3 After the Closing Date, QUT may (without limitation to any other action that may be open to QUT):

(a) request clarification or further information about any Offer;

(b) invite all Respondents to change their Offers in response to a change in RFO Documents; or

(c) enter into post-offer negotiations with a preferred Respondent or a shortlist of Respondents.

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13.4 Any information provided to the Respondent by or on behalf of QUT is:

(a) provided for the convenience of the Respondent only and unless expressly incorporated into the Contract or the RFO Documents shall not form part of the Contract or the RFO Documents; and

(b) not warranted or held out by QUT as accurate, correct or adequate.

14 EVALUATION CRITERIA

14.1 Offers will be evaluated by QUT by reference to the Evaluation Criteria.

14.2 The listing order of the Evaluation Criteria should not be interpreted as an indication of the weighting QUT will attribute to the Evaluation Criteria when reviewing the Offer.

14.3 In addition, QUT may in its absolute discretion have regard to:

(a) its previous dealings and experience with the Respondent;

(b) any information about the Respondent that is in the public domain;

(c) any information obtained pursuant to any meetings conducted with the Respondent.

14.4 QUT reserves the right in its absolute discretion to:

(a) vary or amend the Evaluation Criteria at any time; or

(b) give preference to any one or more of the Evaluation Criteria over the other Evaluation Criteria.

14.5 Where QUT exercises its rights under clause 14.4(a), it will give the Respondent notice of the variation or amendment and give the Respondent opportunity to amend, vary or withdraw its Response by notice, in writing

14.6 It is the Respondent’s responsibility to ensure that its Offer addresses all the Evaluation Criteria.

15 ACCEPTANCE AND/OR REJECTION

15.1 After evaluation of all Offers received QUT may, without limiting other options available to it, do any one or more of the following:

(a) if indicated in Annexure 1, select a panel of suppliers from the Respondents;

(b) accept one Offer, or more than one Offer, for the whole of its requirements;

(c) accept separate Offers for any portion of its requirements;

(d) accept one Offer, or more than one Offer, for any portion of its requirements;

(e) accept any part of an Offer;

(f) accept an Offer that QUT considers the best solution, including:

(i) a non-conforming Offer;

(ii) an alternative Offer; and/or

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(iii) an innovative solution;

(g) not accept the lowest Offer;

(h) not accept any Offer; or

(i) commence a new process for calling Offers on a similar or different basis to that outlined in this RFO.

16 FORMATION OF CONTRACT

Notwithstanding that QUT may advise the Respondent that its Offer has been successful and that it wishes to enter into a Contract, the Contract shall not be formed until both parties have signed a written Contract.

17 ACCEPTANCE OF OFFER OR OTHER PERIODIC ARRANGEMENTS

If Respondents are invited for participation in either a register of pre-qualified suppliers, panel arrangement or preferred supplier arrangement QUT will not be obliged to purchase all or any of their requirements from the Respondent pursuant to the arrangement.

18 INSURANCE

18.1 In submitting a Offer, the Respondent must provide acceptable evidence of the following insurance policies which are to be maintained at the Respondent’s expense:

(a) Workers Compensation insurance in accordance with applicable legislation for the Respondent’s employees;

(b) public liability insurance to the value of at least the amount specified in item 7 of Annexure 1;

(c) professional indemnity insurance to the value of at least the amount specified in item 8 of Annexure 1, which shall be maintained by the Respondent for a period of 3 years after the expiry or termination of the Contract; and

(d) any other insurance specified in item 9 of Annexure 1.

18.2 The Respondent must provide in its Response a certificate of currency or other evidence satisfactory to QUT for each insurance policy specified in clause 18.1.

19 RIGHT TO INFORMATION AND DISCLOSURE

19.1 The Right to Information Act 2009 (Qld) (RTI Act) provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies, including QUT.

19.2 The RTI Act requires that documents be disclosed upon request, unless the documents are exempt or on balance, disclosure is contrary to the public interest.

19.3 Information contained in an Offer is potentially subject to disclosure to third parties.

19.4 If disclosure under the RTI Act, and/or general disclosure of its Offer, in whole or in part, would be of concern to a Respondent, because it would disclose trade secrets, information of commercial value, the purpose or results of research or other information of a confidential nature, this should be indicated in the Offer. However, QUT cannot guarantee that any information provided by the Respondent including information that is identified by the Respondent will be protected from disclosure under the RTI Act.

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19.5 Despite any other provision of the RFO, if the total value of the goods and/or services is $10,000 or more QUT is entitled to publish on the Department of Housing and Public Works’ website: http://secure.publicworks.qld.gov.au/etender/home under ‘ Procurement Transformation QTenders – view Awarded contracts’’ or by any other means, the following details for any Contracts :

(a) the name and address of the Respondent;

(b) a description of the goods or services tendered or contracted for;

(c) the contract commencement date or award date;

(d) the value of the contract;

(e) the name and address of the successful Respondent;

(f) if the total value of the goods and/or services is $500,000 or more, the procurement method used; and

(g) if the total value of the goods and/or services is $10 million or more, QUT is entitled to publish the following additional information:

(i) invitation details (including number of offers sought, evaluation criteria and weightings);

(ii) contract overview (including form of contract, deliverables, contract milestones and contract performance management);

(iii) reasons for non-disclosure of procurement results (if applicable).

19.6 Any proposed variations by the Respondents to clause 18 which purport to take away or reduce the entitlements that would otherwise be provided to QUT under that clause will be null and void.

20 CONFIDENTIAL INFORMATION

20.1 The Respondent:

(a) acknowledges that the Confidential Information is sensitive and that it remains at all times the valuable and exclusive property of QUT;

(b) shall not at any time use for any purpose (other than to submit an Offer) or disclose to any person who is not a Relevant Person any of the Confidential Information;

(c) shall ensure that all documents and materials comprising the Confidential Information are properly and securely used, handled, kept and stored by the Respondent in such manner as will keep it confidential at all times;

(d) unless required for the purposes of preparing or submitting an Offer shall not copy any papers, documents or other records containing or embodying the Confidential Information;

(e) shall return to QUT upon request all copies of the RFO Documents;

(f) shall only allow access to the Confidential Information by those of its officers, employees and agents for the degree to which is reasonably necessary for the preparation and submission of the Offer and shall not permit relevant persons to

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whom the Confidential Information is disclosed to use or disclose the Confidential Information other than in accordance with the terms of this RFO; and

(g) shall obtain from QUT prior written consent to the disclosure of the Confidential Information to any third party, which consent may be given on such terms and conditions as QUT thinks fit, including that the third party execute a deed in like terms to this clause 20 in favour of QUT.

20.2 If requested by QUT, the Respondent or prospective Respondent must execute a deed of confidentiality, in a form acceptable to or provided by QUT, from itself and from each of its officers, employees, agents and/or sub-contractors who receive the information.

20.3 The obligations on the part of the Respondent in this clause 20 are of a continuing nature.

20.4 QUT reserves the right to:

(a) supply the Confidential Information to third parties; and

(b) deny access to or refuse to grant consent for the disclosure of Confidential Information to any officers, employees or agents of the Respondent or any third party.

21 TENDERED PRICES

Prices specified in the Offer must:

(a) be in Australian currency;

(b) indicate GST exclusive amount, GST component and GST inclusive amount and if applicable, any other government taxes or duty (e.g. import duty, etc); and

(c) include the costs of suitable packaging, delivery and installation, unless otherwise specified in the RFO.

22 NO ADVERTISING

The successful Respondent must not, and must ensure that its officers, employees, agents and/or sub-contractors do not, make any public announcement or advertisement in any medium in relation to the RFO Process without the consent of QUT.

23 COMPETITIVE NEUTRALITY

Offers submitted by a government owned business, local government, State or Commonwealth agency or authority must be priced to comply with the competitive neutrality policy of the Respondent’s respective jurisdiction.

24 COMMISSIONS OR INCENTIVES

24.1 The Respondent must not, and must ensure that its officers, employees, agents and/or sub-contractors do not, give or offer anything to QUT or any officer or employee of QUT, or to a parent, spouse, child or associate of an officer or employee of QUT, including any commission, inducement, gift or reward, which could in any way tend or be perceived as attempting to, influence QUT’s actions in relation to an Offer.

24.2 If QUT discovers at any time that the Respondent breached clause 24.1, QUT may elect, in addition to any other action, not to consider that Offer.

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25 CONFLICTS OF INTEREST

25.1 The Respondent warrants that to the best of its knowledge, as at the date of the Offer neither the Respondent nor any of its officers, employees, agents and/or sub-contractors have, or are likely to have, any Conflict of Interest in any matters connected with the RFO Process, except as expressly disclosed in its Offer.

25.2 If a Conflict of Interest or risk of Conflict of Interest arises during the RFO Process, the Respondent must immediately give written notice of the Conflict of Interest or the risk of it to the QUT Representative.

26 COLLUSION

26.1 In submitting its Offer, the Respondent warrants to QUT that:

(a) the Offer was not prepared with any consultation, communication, contract, arrangement or understanding with any competitor (including any other Respondent or prospective Respondent) regarding:

(i) prices;

(ii) methods, factors or formulas used to calculate prices;

(iii) the intention or decision to submit or not to submit an offer;

(iv) the submission of an offer that is non conforming;

(v) the quality, quantity, specifications or delivery particulars of goods and/or services (including the goods and/or services) to which the Offer relates; or

(vi) the terms of its Offer or a competitor’s offer;

(b) it has not (and will not unless and until any Contract is entered between the Respondent and QUT):

(i) provided any benefit (including money) directly or indirectly to, or entered into any contract, arrangement or understanding to provide any benefit (including money) directly or indirectly to any competitor (including any other Respondent or prospective Respondent) relating in any way to the RFO;

(ii) received any such benefit directly or indirectly, or entered into any contract, arrangement or understanding to receive any such benefit directly or indirectly from any competitor (including any other Respondent or prospective Respondent) relating in any way to the RFO; or

(iii) consulted, communicated or entered into any contract, arrangement or understanding to provide any benefit (including money), whether directly or indirectly, to a trade, industry or other association (above the published standard fee) relating in any way to the RFO; and

(c) the Respondent and its employees, agents and contractors associated with the Offer (including directors and senior management) are not and have never been subject to proceedings relating to anti-competitive conduct in Australia or overseas; and

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(d) any proceedings relating to anti-competitive conduct in Australia or overseas to which the Respondent and/or any corporation or person associated with the Offer, including directors and senior management, have been subject requires full disclosure of:

(i) the names of the parties to the proceedings;

(ii) the case number;

(iii) the general nature of the proceedings; and

(iv) the outcome or current status of the proceedings.

26.2 QUT reserves the right, at its entire discretion, to exclude the Respondent from the entire RFO Process if:

(a) the Respondent or its employees, agents and contractors (including directors or senior managers) associated with the Offer, have ever contravened any anti-competition laws in Australia (including the Competition and Consumer Act 2010 (Cth)) or equivalent laws overseas; or

(b) full disclosure of any or all contraventions of the anti-competitive provisions of the Competition and Consumer Act 2010 (Cth) or equivalent laws in Australia or overseas, has not been made as is required in clause 26.2(a).

26.3 In submitting its Offer, the Respondent acknowledges that if QUT accepts the Offer and enters into a Contract, QUT will do so in reliance of the warranties in this clause 26.

27 COSTS

27.1 The Respondent must bear all costs it incurs during the RFO Process including in relation to the preparation, lodgement and evaluation of its Offer and the negotiation of a resulting Contract (if any).

27.2 QUT is not responsible for, and will not pay, any costs, expenses or losses the Respondent incurs in the preparation, clarification or negotiation of its Offer or in connection with the RFO Process.

28 NO RECOURSE FOR UNSUCCESSFUL RESPONDENTS28.1 QUT’s decision in the above matters will be final and (subject to statutory rights that

cannot be excluded or modified) no Respondent is entitled to any redress or claim against QUT as a result of QUT exercising any or all of its rights as mentioned above or otherwise in the RFO including these Process Terms.

28.2 QUT is not liable for any:

(a) indirect or consequential loss; and

(b) any loss of revenue, loss of profit or loss of business opportunities,

suffered by the Respondent in connection with the RFO, including these Process Terms and the RFO Process, whether under contract, tort (including negligence) or otherwise.

29 WARRANTIES

29.1 The RFO does not, and does not purport to, comprehensively describe the scope of the project or contain all the information that prospective Respondents would need to make a

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decision in relation to the project. The Respondent must form its own views as to what information is relevant to such decisions.

29.2 Neither QUT nor any of its employees, agents, advisors, contractors or consultants, warrants, guarantees or makes any representation or accepts any liability for the information in the RFO or any advice, correspondence, clarifications or information given by QUT with respect to accuracy, adequacy, suitability or completeness and QUT accepts no responsibility for any interpretations placed on the information by the Respondent. Any marketing, financial and statistical data provided is only an indication of projected levels of activities.

30 COMPLIANCE WITH LAWS

The Respondent must comply with all applicable laws and all requirements of Government Agencies.

31 IMPLIED TERMSAny implied terms, conditions warranties or representations are to the extent permitted by law excluded from the Process Terms.

32 GENERAL

32.1 The RFO is governed by the laws of Queensland. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.

32.2 If any provision of the RFO is invalid, the provision is enforceable to the extent that it is not invalid, whether it is in severable terms or not.

32.3 Neither the Respondent nor QUT may rely on the words or conduct of the other as a waiver of any right, unless the waiver is in writing and signed by the party granting the waiver, and stated to be a waiver granted under this clause 32.3.

32.4 If the Respondent comprises two or more persons then their Offer will bind them jointly and each of them severally.

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ANNEXURE 1

RFO DETAILS

1 Closing Date: 2pm (A.E.S.T.) on [INSERT DATE]

2 Validity Period [Insert period which any offer must remain valid (such as “60 days from the Closing Date”)]

3 Name and contact details for QUT Representative

[Insert details for QUT representative]

4 Lodgement requirements [Insert whether QUT requires alternative lodgement of Offers to the Queensland Government eTendering]

5 Is it QUT intention to select a panel of suppliers from respondents to this Offer?

[Insert “Yes” or “No”]

6 Evaluation Criteria Includes (not necessarily in order of priority):

[Insert Evaluation Criteria]

7 Public liability insurance [Insert minimum amount of public liability insurance required]

8 Professional indemnity insurance

[Insert minimum amount of professional indemnity insurance required]

9 Other insurance [Insert whether any other insurance is required]

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ANNEXURE 2

BRIEF TO RESPONDENTS

1 BACKGROUND

The Queensland University of Technology (QUT), has a requirement for [Insert requirement here].

QUT has prepared a Request for Offer (RFO) with a view to fulfilling QUT’s requirements in this regard.

QUT may accept supply of [Insert requirement here] from different suppliers, where such acceptance represents best value for money for QUT.

The performance of the supplier(s) will be reviewed at regular intervals and the arrangement may be terminated if performance is deemed unsatisfactory.

2 STATEMENT OF REQUIREMENT

[Insert requirement here]

3 SELECTION PROCESS

Responses to the RFO will be reviewed by a panel comprising representatives from across QUT.

From these responses the panel may select a shortlist of parties who meet these requirements. Each Respondent acknowledges and accepts that QUT may in its absolute discretion apply whatever selection criteria it deems appropriate in the selection of a shortlist, or may decide to take no further action following receipt of responses to the RFO.

At the conclusion of the evaluation process all respondents will be notified of the outcome.

4 INDICATIVE QUANTITIES

The following is QUT’s best guide at the present time to its anticipated requirements for this RFO:

[Insert indicative quantities here]

5 EVALUATION CRITERIA

Offers will be evaluated having regard to evaluation criteria indicated herein, using a methodology decided upon by the evaluation panel prior to the closing date of this RFO.

The Evaluation Criteria will include, but is not limited to the criteria set out below. These criteria are not necessarily in order of priority:

[Insert Evaluation criteria from Annexure 1]

* All claims made regarding the compliance of equipment to QUT’s requirements must be verified by manufacturers brochures or documentation included in the Response Form.

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6 QUALITY ASSURANCE

[STATE HERE WHETHER A DOCUMENTED QUALITY ASSURANCE IS REQUIRED]

The Respondent may wish to supply up to three (3) relevant reference sites that can vouch for the supply, performance and reliability and service delivery of the offered products and related supplies. These sites may be asked by QUT’s panel to comment or provide information regarding the performance of the solution and the equipment provided to them.

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ANNEXURE 3

RESPONSE FORM (Procurement to enter number)

TO: THE QUEENSLAND UNIVERSITY OF TECHNOLOGY

SCHEDULE OF PARTICULARS

Company NamePostal addressCity, State, PostcodeABN

Contact personPositionEmail addressContact numbers Ph Fax Mob.

Quality System implemented (if applicable) ISO Assessing Org.:Approved Govt Supplier No. (If applicable)GITC No. Q-

Do the services offered under the terms and conditions of this offer comply fully with the specifications detailed in (Procurement to enter number)

Yes No

If No, please amplify variations. (If space insufficient, attach schedule).

QUT’s preferred trading terms are nett 30 days.

Please advise your acceptance of this condition.

YES NO

Does your company accept payment by any of the following means?Corporate Visa Card Yes No Electronic Funds

Transfer (EFT) *Yes No

Corporate Cheque Only

Yes No

* EFT details to be provided on separate form – available on request.

Note to Respondents: In completing this form and the attached schedule, you are not constrained to the space allowed in the form outline. You may also include additional text by way of annexures, diagrams, tables, charts and graphs to illustrate any information provided. Provided that you have included all information sought by the RFO Documents you may include any additional information you think relevant to your Offer.

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OFFER

The Respondent offers to carry out the work and/or provide the goods or services described in:

(a) the RFO Documents;

(b) any addenda issued after the date of the RFO as listed below; and

(c) in accordance with the information, standards and representations contained in the Respondent’s Offer, including this Response Form and completed schedules.

Addendum Number Date Issued______________________________ ___________________________________________________________________ _____________________________________

FURTHER AGREEMENT

The Respondent agrees that in submitting this Offer it is bound by the terms of and gives all warranties required by the RFO.

All terms used in this Offer shall bear the meanings assigned to them in the RFO and the Contract where appropriate.

The company detailed herein makes this offer “Commercial in Confidence”, on the understanding that the contents thereof will remain the property of QUT.

Executed as a Deed

For a company:EXECUTED by

))

..............................................................……..Company Secretary/Director

..............................................................……..Name of Company Secretary/Director (print)

..............................................................……..Director

..............................................................……..Name of Director (print)

..............................................................……..Date

..............................................................……..Date

For an individual:SIGNED SEALED AND DELIVERED

by..............................................................……..Name (print)

in the presence of:

))) ..............................................................……..

..............................................................……..Witness

..............................................................……..Name of Witness (print)

Date ……………………………………..

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RESPONSE OFFERED

All Respondents must complete and submit a schedule for each Offer provided. Respondents are free to offer as many options as they desire.

Please use a separate schedule for each Response if necessary.

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ANCILLARY GOODS & SERVICES

List all ancillary (not specifically requested) goods/services you include in this Response and their respective prices.Note: manufacturers brochures with specifications must be supplied where applicable, otherwise full details are to be suppliedGoods/Services Cost

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VALUE ADDED GOODS & SERVICES

Please list any value added (cost free) goods &/or services, in-kind support or grants you include in this Response. Respondents are advised that the value of these items must clearly indicate the value inclusive of GST.

Note: Detailed information is required, and such goods must be offered to QUT, not to individuals.

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ANNEXURE 4

1 ADDITIONAL CONDITIONS FOR ICT PRODUCTS AND SERVICES

1.1 If the goods and/or services the subject of the RFO comprise ICT Products and Services, any Contract formed pursuant to clause 16 must be formed accordance with the Queensland Government's Information Technology Conditions (GITC) Version 5.03 (as amended from time to time).

1.2 Respondents must be, or arrange to be, a QAssure certified and an accredited GITC supplier and sign a Deed of Agreement with the State of Queensland in accordance with the GITC framework.

1.3 The successful Respondent must hold and maintain their QAssure certification and their GITC accreditation during the period of the Contract.

1.4 QUT reserves the right not to consider any contract conditions proposed by a Respondent where those conditions derogate from GITC.

1.5 As part of its Offer, the Respondent must advise:

(a) if the Respondent is not a current signatory to GITC - that it will sign a GITC Agreement with the State of Queensland; or

(b) if the Respondent is a current signatory to GITC:

(i) its GITC agreement number;

(ii) the modules which comprise its GITC agreement; and

(iii) whether it has proposed a Schedule A2(A) (Variation to Agreement) to GITC.

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