No Use of APET Software Version

ATTACHMENT 1 - Tender Checklist

The checklist in this Schedule is not required to be completed by Tenderers or included in submitted Tenders. It has been included to assist Tenderers to ensure that they have complied with this RFT and provided all required information.

Tenderers are solely responsible for ensuring compliance with all aspects of this RFT process and should not rely on this checklist as containing all requirements.

If there is any inconsistency between another part of this RFT and this checklist, the other part of this RFT will prevail.

Tenderers should consider whether they can tick each of the following boxes:

Will the Tender be submitted via the Grains Investment Portal before the Closing Time? /
Have all files and attachments comprising part of the Tender been successfully uploaded onto the Grains Investment Portal? /
Has the Tenderer complied with all Minimum Content and Format Requirements? /
Has the Tender been prepared by responding to the criteria in the Grains Investment Portal and addressing all the criteria in Attachment 2 – Response Template? /
Has the Tenderer reviewed the Draft Contract at Schedule 2 and completed the Contract Compliance Statement at paragraph 2.12 of Attachment 2? /
Has the Tenderer Deed Poll at Attachment 3 been properly signed and witnessed and included in the Tender? /

Attachment 2 – Response TEMPLATE

RFT Numberand title / [insert details]
Full name of Tenderer: / [insert name]
Tenderer’s Contact Officer:
Name, position/title:
Address:
Telephone:
Email: / [insert details]

NB: The Response Template addresses criteria that are in addition to the criteria set out in the Grains Investment Portal. The Tenderer must upload the completed Response Template as an attachment to form part of its Tender submitted via the Grains Investment Portal.

Instructions
Form of response

Before completing this RFT Response Template, the Tenderer should ensure that it has read and understood all Parts of the RFT documentation (Parts 1-3, and the Tender Checklist at Attachment 1). This RFT Response Template is in addition to information required to be supplied via the Grains Investment Portal.

The Tenderer:

a)should ensure that its Tender Response is substantially in the form of Attachments 2 and 3;

b)should fully address all requirements set out in this RFT in preparing its Tender; and

c)may attach additional details, tables etc as an appendix, as appropriate or necessary.

1.2.Completing this response

The Tenderer should complete all information requested in this RFT Response Template and upload as an attachment to its Tender using the Grains Investment Portal.

The Tenderer should type the information requested in each item in the space provided and generally notated ‘[insert details]’ or ‘[Yes/No]’. Tenders will be evaluated in accordance with Part 3 of this RFT. The Tenderer should ensure that enough detail is provided for the purposes of the evaluation. Information should be presented clearly and succinctly.The inclusion of general marketing or other information that does not address the Evaluation Criteria is discouraged.

Tables
Conditions for Participation

REQUIREMENT / RESPONSE
(a)The Tenderer must be a single legal entity or recognised firm of partners.
(b)The Tenderer must be financially viable. For the purposes of this condition, “financially viable” means that the Tenderer has not had any of the following events occur in respect of it: / [Yes/No]
[Yes/No]
(i) a meeting of creditors being called or held within the past five years;
(ii) the appointment of a liquidator, provisional liquidator or administrator within the past five years;
(iii) the appointment of a controller (as defined in section 9 of the Corporations Act
2001), or analogous person appointed, including in respect of any of its property within the past five years;
(iv) a failure to comply with a statutory demand in respect of the payment of any debt;
(v) an inability to pay debts as they fall due or otherwise becoming insolvent;
(vi)becoming incapable of managing its own affairs for any reason;
(vii) taking any step resulting in insolvency under administration (as defined in section
9 of the Corporations Act 2001);
(viii)entering into a compromise or arrangement with, or assignment for the benefit of, any of its creditors, or any analogous event.
(c)The Tenderer and any proposed subcontractor must not be named as not complying with the Workplace Gender Equality Act 2012.
(d)The Tenderer must include in its tender details of any known circumstances that may give rise to an actual or potential Conflict of Interest with GRDC in responding to this RFT or in the provision of any of the services. / [Yes/No]
[Yes/No]

2.2.Conflicts of Interest

The Tenderer should specify any actual, potential or perceived conflicts of interest. If a conflict of interest exists, the Tender should specify how it proposes to manage that conflict of interest. The Tenderer should confirm that it will promptly notify the GRDC of any change in the details in this table during the RFT process.

Conflict of Interest / Proposed response or mitigations
[insert details] / [insert details]

2.3.Insurance

Tenderers should provide details of insurance cover held and/or proposed in respect of the provision of the Services. Such details should include, but need not be limited to:

(a)types of insurance coverage held;

(b)details of any blanket policy held;

(c)amount of cover provided in policy; and

(d)exclusions.

Tenderers should provide copies of certificates of currency for public liability, workers’ compensation and professional indemnity insurance.

The Draft Contract at Schedule 2 describes the GRDC's expectations in regard to the type and amount of insurance cover for the proposed Services.

Insurance Details
[insert details] / [insert details]

2.4.Financial and related information

The Tenderers should provide financial and related information relating to their Tender in this table.

Financial and related information / Response
Is the Tenderer subject to any petitions, claims, actions, judgements, or decisions, etc. which is likely to adversely affect your performance of the contract (not including decisions which have been rectified or are under appeal). / [Yes/No]
(if yes, provide details)
The Tenderer is:
[delete non-applicable types] / Sole Trader
Partnership
Incorporated Association
Company (specify type)
Trust
Government
Research Organisation
The Tenderer has been in business for:
[delete non-applicable periods] / Less than 12 months
1–2 years
2–4 years
4–6 years
6–8 years
longer than 8 years
Most recent annual report / [attached/not attached]

2.5.Subcontractors

The Tenderer should, in the table below, identify and provide details of any subcontractors it intends to utilise for the supply of major elements of the Requirement. The Tenderer should detail the major elements each proposed subcontractor will provide.

SUBCONTRACTORS
Subcontractor Name and Details (including as applicable the ABN, ACN, RBN and addressof each proposedSubcontractor) / Major elements of the Requirement which are to be provided by each Subcontractor

2.6.Confidential Information

The Tenderer may specify any information which is contained in its Tender, or which may be provided by it during the RFT process, that it considers should be protected as confidential information by the GRDC in respect of any resulting contract. The Tenderer should also provide appropriate reasons why any such information should be protected as confidential information.

REQUIREMENT / Proposed Confidential Information / Reason(s) why this information should be protected as confidential information*
Confidential Information:

2.7.Contract Compliance Statement

Tenderer’s should refer to the Draft Contract of this RFT.

The Tenderer should, in the table below, indicate any provision of the Draft Contract with which the Tenderer does not comply, or with which the Tenderer partially complies.

The Tenderer is not required to list provisions with which it does comply—where a clause, schedule, attachment or annexure of this RFT is not listed in the table below, the Tenderer will be deemed to have agreed to that clause, schedule, attachment or annexure in full. The GRDC does not intend to negotiate in relation to any matter which is not included in the table below.

Clause/Schedule/Attachment/Annexure / Does not Comply/Partially Complies* / Reasons for partial or non- compliance and any alternative proposal and/or drafting

*Instructions for completing the compliance statement

When completing the Compliance Statement, the Tenderer may group clauses where the response is the same for each of those clauses. For example “clauses 2.1 to 2.6 – partially compliant”.

The following expressions are defined:

Compliant - means:

(i)in the case of a clause which is of an informative nature only, the clause has been read and understood;

(ii)in the case of a clause which imposes a contractual condition, that the condition is agreed; and

(iii)in the case of a clause which directs that an action be taken, that this has occurred/will occur.

Partially Compliant - means in the case of a clause which imposes a contractual condition, that the Tenderer can meet the condition subject to certain qualifications.

Not Compliant - means:

(i)in the case of a clause which imposes a contractual condition, that the Tenderer does not agree with that condition; and

(ii)in the case of a clause which directs that an action be taken, that this has not occurred/will not occur.

Attachment 3- Tenderer Deed Poll

Name of Tenderer: / [insert full name]
ABN / ACN: / [insert ABN & ACN(if applicable)]

(“Tenderer”)

Offer to provide Services

1.The Tenderer offers to provide the Services described in the Request for Tender No. GRDC EXP00017 (“RFT”) issued by the GRDC (“GRDC”), at the fees and charges tendered in its tender and subject to the terms and conditions of the RFT.

2.The Tenderer acknowledges that:

(a)it has the capacity to offer the services as described in its Tender and there is no restriction under any relevant law to prevent it from making such an offer;

(b)it has sufficient financial resources to deliver the services, including in respect of any guarantees or warranties related to the delivery of those services;

(c)there are no current or impending legal action (either formal proceedings or notification of legal action) which the Tenderer is aware that could impact on the financial viability of the Tenderer or the delivery of the services; and

(d)it complies with all Conditions for Participation set out in this RFT.

Conflict of Interest

3.At the time of submitting its Tender, the Tenderer has made reasonable enquiries and is not aware of any Conflict of Interest, other than those disclosed in its Tender, that exists or may arise in the provision of the services should the Tenderer be successful as a result of this RFT process.

Offer Period

4.The Tenderer’s offer, as comprised in its Tender, remains open for the Offer Period.

5.The Tenderer will notify the GRDC of relevant details if there is any ‘material change’ in the Tenderer or the Tender after lodgement of this Tender, as required under this RFT.

Compilation of Tender

6.The Tender has been compiled without the improper assistance of employees or former employees of the GRDC and without the use of illegally obtained information.

7.Neither the Tenderer, nor any of its officers, employees, agents, subcontractors and/or proposed consortium members (if any), has attempted to, or will attempt to, improperly influence an officer of the GRDC in connection with the preparation or assessment of this tender.

Judicial decisions

8.The Tenderer represents that it does not have a judicial decision against it (apart from a decision which has been rectified or is under appeal) relating to employee entitlements where the Tenderer has not paid the claim.

False or misleading statements

9.The Tenderer is aware that giving false or misleading information is a serious offence, pursuant to section 137.1 of the Criminal Code Act 1995 (Cth).

This Deed Poll is provided for the benefit of the Grains Research and Development Corporation in accordance with the laws of the Australian Capital Territory.

SIGNED, SEALED AND DELIVERED AS A DEED POLL for the benefit of the Grains Research and Development Corporation.
Signature of authorised officer of the Tenderer*:
Full name of authorised officer of the Tenderer:
Signature of Witness:
Full name of Witness:
Date:

*By signing, the authorised officer warrants that they are legally authorised to sign this document on behalf of the Tenderer described in this Deed Poll.