The Mini Minor Works (MMW) Contract Form Simplifies and Reduces the Cost of Contracting

[Insert Agency Logo, if applicable]

Request for Quote (RFQ)

[Insert digitisation project title]

Contract Name: / [Agency to supply]
RFQ Number:
Location: / [Location where services are to be provided e.g. agency premises, suppliers premises]

Lodgement details:

Closing Time:
Closing Date
Method: / [Postal or email lodgement]
Address: / [Postal or email address for receipt of quotes]

Agency Contact Person:

Name:
Position:
Telephone:
Email:
Address:
Fax:

RFQ Documents

Request for Quotation (RFQ), Template Purchase Order (this document) / .docx
Schedule 2. / [Statement of Requirements (SOR) Document. Agency to supplyThis should be a Collection specific SOR. Agency to determine whether sections detailed below in this Purchase Order are relevant or whether different requirements should be specified] / PDF
Additional documents
(supporting the SOR) / Annexures etc. [Agency to supply, if applicable]

Briefing

Location / [Location of briefing or collection material viewing, if conducted]
Date
Time
Attendance / Mandatory/Optional [Agency to decide]
Confidentiality
This RFQ, including any attachments, is made available on a commercial in confidence basis. Any person in receipt of this document must ensure that all information whether written or verbal concerning this document is kept confidential, except any information which is in the public domain (other than as a consequence of a breach of this confidentiality obligation).
The Contractor must keep confidential any information concerning the Agency as a result of or in connection with its submission of a Quote, unless otherwise agreed in writing.
Copies of this document or related documents must not be distributed except with the prior written consent of the Agency.
The Quote and any accompanying documents become the property of the Agency.
These obligations apply equally to any sub-contractor used by the Contractor.

Version Approved 040914

Information about this RFQ

Table of Contents

1.GENERAL INFORMATION

1.1Purpose of this RFQ

1.2Agency’s Contact Person

1.3Briefing

1.4Addendum

1.5The Agency’s discretion

1.6Contractor’s status

1.7Contractor’s Quote Costs

1.8Intellectual Property

1.9Code of Practice

1.10Conflict of interest

1.11Exchange of information between government agencies

1.12Financial Capability of Contractor

1.13Work Health & Safety

1.14Environmental Management

2.LODGEMENT

2.1Instructions for Contractors

2.2Closing Date & Time, Address, Method

2.3Extension to Closing Date and Time

2.4Late Quotes

2.5Electronic Lodgement

2.6Minimum Validity Period

2.7Further information

2.8Variation of Quotes

3.EVALUATION

3.1Evaluation methodology

3.2Evaluation Criteria

4.OUTCOME

4.1Negotiations

4.2Debriefing for unsuccessful Contractors

4.3Method of Acceptance - Contract

4.4Public disclosure

4.5Complaints

Template Purchase Order

1Customer’s Representative

1.1The Customer’s Representative is:

1.2The Customer’s address for service of notices:

2Period of Purchase Order

2.1Start Date

2.2Service Period

3Specified Personnel

4Collections’ Materials

4.1Description:

4.2Inventory:

4.3Collection Viewing Date and Time:

4.4Conditions or restrictions on use of the Collections Materials:

4.5Handling and preservation:

4.6Transportation of Collections’ Materials:

5Delivery and return of the Collections’ Materials

5.1Delivery method:

5.2Condition reports on delivery:

5.3Return of Collections’ Materials to the Principal:

5.4Condition reports on return:

6Customer’s obligations

6.1Facilities:

7General Services requirements

7.1Project management:

7.2Reports and Meetings:

7.3Location

7.4Statement of Requirements

7.5Insurance

7.6Privacy Management Plan

7.7Training

8Services and Deliverables

8.1Scope of Services

8.2Deliverables

9Services Standards/Specifications

10Schedule for the delivery of services

10.1Project schedule

(a)Proposed Schedule Example

(b)Specify:

11Methodology for performing the services

Fees and payment terms

(a)Contractor’s Bank Account

(b)The Fee

(c)Payment Terms

12Additional terms and conditions specific to this Purchase Order

12.1Order of Precedence

(a)Conflict of Interest

(b)Subcontractors

Version Approved 040914

1.GENERAL INFORMATION

1.1Purpose of this RFQ

The Agencyseeks digitisation services of the type described in the Statement of Requirements (Schedule 2 of this RFQ) from a qualified and competent service provider experienced in the digitisation of materials of the nature of [insert collection name] described in Schedule 2 -Statement of Requirements.

1.2Agency’s Contact Person

Contractors should refer any requests for information concerning this RFQ to theAgency’sContact Person nominated on the cover of this RFQ. All requests must be in writing.

Any information given to a Contractor to clarify any aspect of this RFQ will also be given to all other Contractors if in theAgency’s opinion the information would unfairly favour the inquiring Contractor over other Contractors.

Contractors should notify theAgency’s Contact Person in writing on or before the Closing Date and Time if they find any discrepancy, error or omission in this RFQ.

Contractors must not contact any other Agency’sstaff directly in relation to this RFQ.

1.3Briefing

If details of a briefing are included on the cover of this RFQ, then a briefing will be held at the location and on the date and time nominated. Contractors should provide theAgency’sContact Person with the name of the persons who will be attending the briefing at least 2 working days prior to the date of the briefing. No more than 2 people from each Contractor should attend the briefing.

If attendance at the briefing is mandatory (as indicated on the cover of this RFQ), then Contractors must attend the briefing. Quotes submitted by Contractors who failed to attend will not be considered.

1.4Addendum

TheAgencymay change the RFQ by issuing an Addendum in writing to all Contractors. The Addendum becomes part of the RFQ documents.

1.5TheAgency’sdiscretion

TheAgencymay change any details in this RFQ or issue an Addendum.

TheAgencymay discontinue the RFQ process at any point for any reason, without making a determination regarding acceptance or rejection of any Quotes.

The Agencymay invite fresh quotes based on the same or different criteria.

The Agencyis not bound to accept the lowest or any Quote.

The Agencyhas discretion whether or not to accept Quotes which do not comply with all of the requirements of the RFQ documents, or which contain conditions or qualifications.

The Agencymay enter direct negotiations with one or more preferred Contractors.
Contractor’s status

Contractors must be registered for GST and state their ABN when they submit a Quote.

The Agencycontracts only with recognised, acceptable legal entities and does not contract with firms under any form of external administration. The Agencymay ask a Contractorto provide evidence of its legal status or capacity to contract.

1.7Contractor’s Quote Costs

The Contractor acknowledges that the Agencywill not be liable for any expenses or costs incurred by it as a result of its participation in this RFQ, including where the RFQ has been discontinued.

1.8Intellectual Property

All Quotes become the property of the Agencyupon submission.All intellectual property developed by the successful Contractor during the course of providing the services will vest in the Agency, unless expressly stated otherwise in the contract.

1.9Code of Practice

Contractors must comply with the NSW Government Code of Practice for Procurement, which is available from the In submitting Quotes, Contractors signify agreement to comply with the Code.

If a Contractor has failed to comply with the Code, this failure may be taken into account by the State Library when considering its Quote or any subsequent quote and may result in this or any subsequent quote being passed over without prejudice to any other rights of action or remedies available to the Agency.

1.10Conflict of interest

A conflict of interest arises when a Contractor, or a person or organisation associated with the Contractor, is in a position to benefit directly or indirectly from actions of the Contractor through an unfair or unintended imposition or loss on the Agencyor other party. A conflict of interest can also arise when a Contractor’s integrity, objectivity or fairness in performing the services is at risk due to a personal interest or conflicting business arrangements.

Contractors should disclose in their Quotes any potential or actual conflicts of interest that they may have or may be perceived to have in respect of their responsibilities to the State Government and other parties in the course of delivering services to the Agency, should they be selected as the successful Contractor.

Identification of a conflict of interest or a perceived conflict of interest will not automatically exclude a Contractor from consideration. The Agencyreserves the right to assess the potential impact of the conflict or perceived conflict in relation to the quote before a final decision is made. However, the Agency‘sdecision about exclusion will be final.

1.11Exchange of information between government agencies

By submitting a Quote, the Contractor authorises the Agencyto gather, assess and communicate to Commonwealth, NSW and local government agencies and authorities any information about the Contractor, including its financial position and the Contractor’s performance in respect of any contract awarded as a result of this RFQ process. Such information may be used for assessment of suitability of future quote, tender, prequalification or contract opportunities.

The information that may be collected, exchanged and used in accordance with this provision includes “personal information” about a Contractor for the purposes of the Privacy and Personal Information Act 1998 (NSW).

The provision of information by the Agencyto any other agencies and authorities is agreed by the Contractor to be a communication falling within section 30 of the Defamation Act 2005 (NSW), and the Contractor shall have no claim against the Agency in respect of any matter arising out of the provision or receipt of such information, including any claim for loss to the Contractor arising out of the communication.

1.12Financial Capability of Contractor

The Agencyreserves the right to reject any Quote if the Agencyjudges the Contractor not to have appropriate financial capability.

The Agencywill not knowingly accept quotes from or award contracts to Contractors who are subject to exclusion from quoting as a result of a breach of the NSW Government Code of Practice for Procurement, are bankrupt, are subject to a winding up order, or are corporate entities with persons involved directly or indirectly in the management of the entity who are disqualified under corporations law.

1.13Work Health & Safety

The Contractor must conduct its own assessments and investigations regarding the work health and safety of all persons affected by the services sought under this RFQ. The successful Contractor (if any) will be required to comply with the Work Health & Safety Act 2011, any related regulations and codes of practice, and any directions, policies and guidelines given by the Agency.

1.14Environmental Management

If requested by the Agency, the Contractor must submit evidence of the Contractor’s environmental management system.

2.LODGEMENT

2.1Instructions for Contractors

Contractors must read all parts of this RFQ document and submit completed Template Purchase Order Form.

Before submitting a Quote, a Contractormust examine all information relevant to the risks and contingencies and other circumstances having an effect on its Quote.

A Contractor must satisfy itself that the Quote, including the quote price is correct, and that it is financially and practically viable for the Contractorto enter into and perform the proposed contract if it were chosen to do so by the Agency.

Prices, responses and other information provided in the Quote are to be in writing and in English.

All pricing information provided in the quote must be inclusive of GST. GST must be separately identified in the quoted prices. All prices must be quoted in Australian dollars.

Contractors must provide any attachments to their Quotes clearly labelled and cross-referenced.

Contractors may submit quotes for one, two or three( i.e. all) digitisation projects
Closing Date & Time, Address, Method

Contractors must submit the Template Purchase Order by the Closing Date and Time,and to the Address and using the Method, stated on the cover of this RFQ.

2.3Extension to Closing Date and Time

The Agencymay, in its discretion, extend the Closing Date and Time.

2.4Late Quotes

The Agencymay consider late quotes where the Agencyis satisfied that the integrity and competitiveness of the RFQ process has not been compromised.The Agencyshall not penalise any Contractor whose Quote is received late if the delay is due solely to mishandling by the Agency.

2.5Electronic Lodgement

If the method of lodgement stated on the cover of this RFQ includes electronic lodgement, quotes submitted electronically will be treated in accordance with the Electronic Transactions Act 2000 (NSW), and given the highest level of confidentiality and probity.

Quotes are to be submitted to: [Insert email address for receipt of tenders]

Electronically submitted Quotes may be made corrupt or incomplete, for example by computer viruses. The Agencymay decline to consider for acceptance a Quote that cannot be effectively evaluated because it is incomplete or corrupt.

2.6Minimum Validity Period

All Quotes must remain valid for a minimum of 90 days from the Closing Date.

2.7Further information

The Agencymay request a Contractor to provide further information after the Closing Date to assist the evaluation process. The Contractor should submit such information in the format and by the time requested.

2.8Variation of Quotes

At any time before the Agencyaccepts a Quote, a Contractor may vary its Quote by providing the Agencywith further information by way of explanation or to correct a mistake (so long as the original Quote is not substantially altered or the Contractor is not given an unfair advantage over other Contractors). The Agencymay provide all other Contractors whose Quotes have similar characteristics with the opportunity of varying their Quotes in a similar way.

Version Approved 040914

3.EVALUATION

3.1Evaluation methodology

The objective of the evaluation is to identify the Quote(s) that best meet the Agency’srequirements and represent best value for money for the Agency.

Quotes may be evaluated against the criteria set out in the Evaluation Criteria, which list is not exhaustive. A Quote which is rated unsuitable/unsatisfactory against one or more of those criteria may be excluded from further consideration.

The Agencymay also take into account any other considerations such as financial viability (including bankruptcy or insolvency) of the Contractor or any other information about the Contractor that the Agencyreceives from any other source.

3.2Evaluation Criteria

In evaluating Quotes, the Agencymay take into consideration factors including, but not limited to, the following criteria which are listed in no particular order:

Price
Delivery time - Capacity
Methodology for the performance of the Services
Other at Agency’s discretion

4.OUTCOME

4.1Negotiations

Before making any determination as to acceptance or rejection of Quotes the Agencymay, at its discretion, elect to conduct limited negotiation with preferred Contractors or a preferred Contractor.

4.2Debriefing for unsuccessful Contractors

All Contractors will be informed of the outcome of their Quote at the conclusion of the RFQ process.

Unsuccessful Contractors may be offered the opportunity for a debriefing in a manner specified by the Agency. Details for arranging the debriefing may be given to Contractors in writing at the conclusion of the RFQ process.

4.3Method of Acceptance - Contract

No Quote is accepted unless and until the Agencysigns the Template Purchase Order. The Agencyreserves the right to make changes to the template Purchase Orderbefore entering into a final contract with the successful Contractor.

4.4Public disclosure

The Agencymay be required to publicly disclose details of any Quotes submitted in response to the RFQ, and details of any contract awarded, in accordance with the Premier’s Memorandum M2007-01, and the Government Information (Public Access) Act 2009.

4.5Complaints

It is the NSW Government’s objective to ensure that industry is given every opportunity to win Government contracts. Should any person or entity feel that it has been unfairly excluded from quoting or unfairly disadvantaged by the terms of this RFQ, they are invited to write to:

Chairperson

NSW Procurement Board

Level 22, McKellBuilding

2-24 Rawson Place

Sydney NSW 2000

Template Purchase Order

Between the parties
Customer / [Insert Agency name, address and ABN]
Contractor / Contractor to complete
Purchase Order No. / # TBA

This Purchase Order is established under the Master Digitisation Services Agreement between the Library Council of New South Wales ABN 19 665 924 697 and InsertContractor Namedated DD/MM/YYYY

1Customer’s Representative

1.1The Customer’s Representative is:

Name:
Title:
Telephone:
Facsimile:
Email:

1.2The Customer’s address for service of notices:

[Insert agency “i.e. customer” postal address]

2Period of Purchase Order

2.1Start Date

The Services commence on [insert date] or as agreed.

2.2Service Period

The Service period commences on the Start Date and continues until the [insert date]or as agreed.

3Specified Personnel

The Specified Personnel are:

Name / Role / Qualifications and Experience
Contractor to complete

4Collections’ Materials

4.1Description:

[Insert description of collection or materials to be digitised]

4.2Inventory:

Item / Item description (condition/other comments) / Quantity

4.3Collection Viewing Date and Time: [If appropriate]

[insert date],[specific viewing times to be confirmed with Contractor.]