Tender Cover Sheet

TENDER COVER SHEET

Tender Date:

Tenderer BusinessName:

TendererAddress:

Tenderer Authorised Contact:

Name & Email;

Phone & Fax;

In accordance with the following tender document and specifications, you are invited to supply a quotation for:

Provision of MeatProducts to Portland District Health

for the period 1 August 2014 to 31 July 2016

Ref: Meat Tender, 2014 - 004

Tender Schedule:

Tender Documents AvailableDate:Monday 14 July 2014

Last Date for enquiries / clarificationDate:Friday 18 July 2014, 10am

Tender ClosesDate:Wednesday 23 July 2014, 5pm

Evaluation Completion Target Date*Date:Friday 25 July 2014

* Subject to availability of evaluation systems

Notification of Tender OutcomeDate:Friday 1 August 2014

PDH Authorised Contact:

Ms Ros Jones

Director of Corporate Services

Portland District Health

Bentinck Street,

Portland VIC. 3305

Phone: (03) 5521 0322Fax: (03) 5521 0358E-mail:

INDEX

CONTENTS PAGE

TENDER COVER SHEET 1

INDEX 2

TENDER INTRODUCTION3

- Scope of Tender3

- Objectives3

- Principles3

- Tender Notice3

- Expressions of Interest3

TENDER - GENERAL CONDITIONS3

- Timetable – Schedule3

- Information/Clarification3

- Authorised Contact Person4

- Evaluation Process4

- Alternative Tender – Innovation4

- Tender Transmission Information4

- Late Tenders4

- Delivery Method4

- Insurance4

- Indemnity4

- Acceptance of Tender5

- Acceptance of Goods5

- Confidentiality5

- HPV Access (Piggy-back) Clause5

- HPV Common-use Clause6

- Licences, Permits, Compliance with relevant Standards and Regulations6

- Police Checks6

- Evaluation – Trials and Samples6

- Sub-Contacting6

- Assistance with EQuIP National and/or Aged Care Accreditation6

- Reference Sites6

- Compliance with Specifications6

-Tender Price/ GST and Validity Period7

- Submission and Payment of Accounts7

- Amplifying General Conditions of Tender7

TENDER RESPONSE8

- Questionnaire8, 9

- OtherDocumentation/Information for Tender Submission10

Timetable – Schedule

Refer to Tender Cover Sheet

Information / Clarification

The information contained in this document is provided to assist the preparation of a compliant tender response.

All information is provided in good faith, however none of the information is guaranteed, and it is the Tenderer’s responsibility to interpret and assess the relevance of the information provided.

Tenderers may seek further information and / or clarification in relation to this tender from the authorised contact person up to 10.00am on the date specifiedin the Tender Cover Sheet

Portland District Health reserves the right to inform all Tenderers of any question or matter raised, and answer given, without identifying any potential Tenderers by name.

We also reserve the right to respond or not respond to any query or matter raised after the last date for inquiries.

Authorised Contact Person

The authorised contact person for this tender is specified in the Tender Cover Sheet. All communication must be directed to that person in the first instance.

Evaluation Process

Tenders will be evaluated to identify the option that offers best value to Portland District Health.

Portland District Health will not necessarily accept the lowest priced tender, or any tender.

Alternative Tender – Innovation

Tenderers are encouraged to offer and describe any proposed solutions that incorporate innovative technology that can be demonstrated to improve the efficiency and effectiveness of any product or process covered by this tender.

Tenderers may offer an alternative product to that specified in Schedule "A", provided full details of such alternative are provided in your response. It is also in a tenderers interest to submit a response that complies with Schedule A.

Tender Transmission Information

Tenders will be accepted by fax, email or post, until the Closing date and timeat the addresses asspecified in the Tender Cover Sheet. Tenders should be titledMeat Tender, 2014 - 004.

NB: Portland District Health may, at its sole discretion, extend the closing date and time.

Late Tenders

Late Tenders may not be considered.

Delivery Method

Please provide details as to how the products will be delivered and confirmation that the transport vehicle(s) conforms to all regulatory requirements for the transport of the product. All Delivery costs should be included in your tender response.

Insurance

Your tender submission should include details of insurance coverage with an insurer approved by The Australian Prudential Regulatory Authority – as a minimum; the followinginsurance arrangements should be in place:

Public Liability Insurance -Minimum $10m coverage.

Product Liability Insurance - Minimum $10m coverage.

Professional Indemnity Insurance- Minimum $10m coverage.

The Tenderer must comply with and observe the terms of the insurance policies and must not do anything which could result in any such policy being avoided or unenforceable or which may entitle the insurer to limit or reduce the amount otherwise payable under the policy. The provisions of this clause survive the expiration or earlier termination of this Agreement.

Indemnity

1(a) The Tenderer indemnifies and agrees to keep indemnified Portland District Healthand its officers and employees in respect of Loss incurred or suffered as a result of:

(i) any breach of this agreement by the Tenderer; or

(ii)any negligent act, error or omission in connection with the performance of this agreement by the Tenderer or its officers, employees or agents;

PROVIDED THAT this indemnity does not apply to the extent that Loss is caused by or contributed to by Portland District Health or its officers, employees or agents.

1(b) This indemnity includes, without limitation, Loss due to bodily injury, sickness or death or loss, destruction of damage to property.

1(c) This indemnity survives the expiration or termination of this agreement.

1(d) For the purposes of this clause, “Loss” includes loss, damage or liability of every kind, unless too remote but does not include pure economic loss not recoverable at common law.

2(a) Portland District Health indemnifies and agrees to keep indemnified the

Tenderer and its officers and employees in respect of Loss incurred or suffered as a result of:

(i)any breach of this agreement by Portland District Health; or

(ii) any negligent act, error or omission in connection with the performance of this agreement by Portland District Health or its officers, employees or agents;

PROVIDED THAT this indemnity does not apply to the extent that Loss is caused by or contributed to by the Tenderer or its officers, employees or agents.

2(b) This indemnity includes, without limitation, Loss due to bodily injury, sickness or death or loss, destruction of damage to property.

2(c) This indemnity survives the expiration or termination of this agreement.

2(d) For the purposes of this clause, “Loss” includes loss, damage or liability of every kind, unless too remote but does not include pure economic loss not recoverable at common law.

Acceptance of Tender

The lowest or any Tender may not necessarily be accepted, and no Tender shall be deemed to have been accepted, until acceptance has been confirmed in writing. A draft agreement is detailed in Enclosure 1.

Acceptance of Goods

If the goods required are not supplied or do not comply with the standards specified, whether the inspection occurs prior to, or after delivery to Portland District Health, the goods may be rejected wholly or at the discretion of Portland District Health. The cost for removal and replacement of the rejected goods will be borne by the Tenderer.

Confidentiality

Information supplied by or on behalf of Portland District Health is confidential to Portland District Health and Tenderers are obliged to maintain its confidentiality. The Tenderer may disclose information to a third party engaged for the purpose of responding to this tender, providing they preserve the confidentiality of that information.

HPV Access (Piggyback) Clause

The following clause provides the option of permitting another health service to take advantage of any contractual arrangements relating to this tender.

If, during the Agreement Period, a public hospital, and/or a metropolitan health service (as listed in schedules 1 and 5 of the Health Services Act 1988 (Vic)) gives notice to the parties that it wishes to purchase the Goods on the terms and conditions of this document, and Portland District Health agrees, each party shall execute a document and do all things necessary to give effect to that intent.

HPV Common Use Clause

If Health Purchasing Victoria enters into a contract in respect of the Goods with the Contractor which may apply to all Victorian public hospitals, and/or metropolitan health services (as listed in schedules 1 and 5 of the Health Services Act 1988 (“the Statewide contract”), then:

Portland District Health may give notice to the Contractor that it wishes to purchase the Goods on the terms and conditions of the Statewide contract from a future specified date; and
this Agreement shall end on the date specified by Portland District Health; and
the Contractor shall have no claim against Portland District Health or its agents, employees, officers or servants in respect of this Agreement ending or Portland District Health exercising its rights under this clause.

Licenses, Permits, Compliance with Relevant Standards and Regulations

Goods offered must comply with HACCP guidelines and any current Australian Standards relevant to the products specified.

Documented evidence of compliance, e.g. evidence as a HACCP compliant company, MUST be submitted with your quotation.

Police Checks

Police checks are required for all persons acting on behalf of the successful tenderer who, as part of the supply of the tendered goods and or services are required to be present on Portland District Health premises other than for normal delivery and pickup services.

Evaluation – Trials & Samples

Portland District Health reserves the right to request a reasonable quantity of samples for trial as part of the evaluation process if appropriate.

Subcontracting

Tenderers must state where they are intending to sub-contract all or part of this tender to one or more third parties. Comprehensive details of all sub-contractors, including their role and scope in this tender must be submitted with your response.

Assistance with EQUIP National and / or Aged Care Accreditation

Successful Tenderers must agree to abide by and support the Quality, Service and Accreditation programs undertaken by Portland District Health, including external accreditation processes such as the Aged Care Standards Accreditation and Australian Council on Healthcare Standards EquIP Accreditation.

Reference Sites

Your tender response should include at least three(3) reference sites using these goods and or services including the name and position of a contact person at each site.

Compliance with Specifications

Tenderers should indicate clearly any area in which the goods offered fail to comply with the requirements of the specifications given or where any of the required conditions will not be met. Notification of this non-compliance must occur with the submission of your tender / quotation – see Schedule B.

Tender Price / GST and validity period

Tenderers are invited to submit their best offer, GST inclusive andexpressed in Australian currency. (NB: GST amounts where applicable, must still be quantified.)

Prices tendered shall be fixed for a minimumperiod of ninety (90) days, covering one-off supply or initial supplies and delivery of goods and or services as specified Schedule A.

Please indicate any discounts offered for payment of accounts within a specified period.

Submission and payment of accounts

The contractor shall submit a valid Tax Invoice for payment on a monthly* basis as agreed upon. Portland District Health upon checking the account and being satisfied as to the accuracy will forward payment to the contactor within 30* days. Any GST liability should be clearly identified on Tax Invoices.

(* Invoice and payment frequency may be varied)

Amplifying General Conditions of Tender

Should the contractor fail to supply any article at the time mentioned in the order, the articles may be sought elsewhere and the expenses over and above the agreement price will be deducted from the contractor’s account;

The contractor is to ensure a delivery docket with item, price per unit and date is signed by the food services Facilitator or his/her deputy and left with them;

Should the contractor fail to deliver goods of the correct quality mentioned in this tender, the officer receiving the supplies is empowered to reject those goods and if not immediately replaced with the correct quality and quantity, cause a supply to be sought elsewhere; the extra expense associated with this action will be charged as in clause (i) above;

In the event of a difference between the contractor and the officer receiving the supplies as to the quality or quantity, any variation shall be decided by the authorised Portland District Health representative;

Any repetition of irregularity in the quality or quantity of supply, or delay in delivery or replacing when required, or in the performance of the agreement, can lead to the immediate termination of the agreement;

The contractor is to ensure the premises from which the product is provided, is fully compliant in regards to hygiene and any other requirement as it pertains to the provision of the goods specified in Schedule A to this Tender document. In this regard, the contractor is to allow the Portland District Health representative to inspect their premises on a regular basis;

………………………………………………………………………………………

Director of Corporate ServicesDate

TENDER RESPONSE

Tenderers are required to submit such information as is necessary to enable Portland District Health to assess the Tenderer’s ability to fulfill the tender requirements. (This questionnaire has been prepared to assist Tenderer’s in providing therequired information.)

Tenderer Profile

Tenderer’s Name: …………………………………………………………..

Tenderer’s ABN: …………………………………………………………..

Tenderer’s ACN (if applicable): …………………………………………..

Address: …………………………………………………………….

……………………………………………………………..

Phone & Fax:……………………………………………………………..

After Hours Ph:………….………………………………………………………

E-Mail:………………………………………………………………

Is Tenderer an individual, partnership, or limited liability company?

……………………………………………………………..

If partnership, provide names and addresses of partners:

………………………………………………………………

How many years has Tenderer been in business under its current business name?

………………………………………………………………

How many years has Tenderer been in business providing goods / services relating to this tender?

……………………………………………………………….

Does the Tenderer have a financial interest in any other types of business? (If yes, specify).

……………………………………………………………….

Supply details / references for products / services Tenderer has previously provided relating to the requirements of this tender.

…………………………………………………………………………………..

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Where appropriate, list principal individuals / personnel involved in provision of services relating to this tender, and their experience.

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List specific equipment that will be utilized in the provision of services relating to this tender:

…………………………………………………………………………………….

……………………………………………………………………………………..

………………………………………………………………………………………

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Provide details of tenderer’s financial ability to meet the terms, conditions and service requirements as outlined in this tender document:

………………………………………………………………………………………..

Provide bank details or other financial institutions where references may be obtained:

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Provide names and details of3 professional referees:

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Other documentation and information to be provided by Tenderer in support of the tender submission:

Proof of insurance as per General Tender Conditions.

Completion of Statutory Declaration – Annex A.

Completion of Tender Prices for goods – Schedule A.

Completion of Minimum Quality Standards Certificate – Schedule B.

HACCP or equivalent Compliance Certificatesas per General Tender Conditions.

Copy of ongoing Continuous Quality Improvement Program.

Police Checks(may be required) refer to General Tender Conditions.

Specific Cultural Accreditations.

Any other relevant supporting documentation.

Annex A Statutory Declaration

Definitions:

Bidder;Any business entity who submits a response to this tender, including the Tenderer.

Industry Association;Any organization of which the bidders are members.

Tenderer price;The amount indicated by the bidder in their tender response.

Tenderer; The person or entity completing this response – namely,

…………………………………………………………………………………………… (Tenderer’s name)

I / We …………………………………………………………… do solemnly and sincerely declare that

ii)I am the Tenderer and make this declaration on my own behalf or

iii)I hold the position of ……………………………………………………………… with the Tenderer and am duly authorised to make this declaration on behalf of the Tenderer.

(Cross out above option as appropriate.)

No knowledge of tender prices:

Prior to submission of this tender, neither the Tenderer nor any of its employees or its agents had knowledge of the tender price of any other bidder, individual or entity that proposed to submit a response to this tender.

Disclosure of tender price or information:

Prior to the close of tender responses, neither the Tenderer nor any of its employees nor agents disclosed the Tenderer’s tender price or information relating to this tender to:

a)Any other bidder who responded to this tender.

b)Any person, company, or other entity proposing to submit a response to this tender.

c)Any person or organization associated with a bidder, person, company or other entity of any kind referred to in a) or b) above.

Genuine Competition:

The Tenderer is genuinely competing to win this tender, and has not entered into any contract, agreement, arrangement or understanding that bidders for this tender would include an identical or similar condition or qualification in their tender response.

Industry Association Agreements / Unsuccessful Tenderer’s Fees:

Neither the Tenderer, nor any of its employees or agents has entered into any contract, agreement, arrangement or understanding (other than as disclosed to Portland District Health in the Tenderer’s tender response) that the successful bidder for this tender will pay any money to, or provide any other benefit or financial advantage to an Industry Association or Unsuccessful Bidder in respect to this tender.