Request for Quotation

Transcription

1 Request for Quotation PROVISION OF GOODS FOR Food Services QUOTATION NO EF15/12346 You are invited to submit a quotation for provision of goods as detailed on the attached schedule. Your quotation is to be submitted in accordance with the Conditions of Quotations on Page 2 and is to include: A completed Excel Spreadsheet Food and Beverage List Your quotation must be submitted to the following address prior to the closing date of 11:00am on 2 nd September Failure to submit a quotation prior to the closing date may exclude your offer from further consideration. Address for Quotations: quotations@manningham.vic.gov.au Should you require any further information regarding this request for quotation, please address your enquiry to Tim Lawson telephone Manningham City Council 699 Doncaster Road, Doncaster Vic 3108 PO Box 1, Doncaster Victoria 3108 t f e Manningham@manningham.vic.gov.au

2 1. Lodgement of Quotations 1.1 Responses must be lodged (a) in accordance with these Conditions of Quotations; (b) using, completing and signing the Quotation Form attached; (c) in conformity with Council s Specification (if any); and (d) by the time, date and at the location shown on the front page of this Request for Quotation. 1.2 Enquiries may only be made by contacting the contact officer in the manner disclosed on the front page of this Request for Quotation. 1.3 Council is committed to honesty, fairness and transparency in all its dealings with respondents and will adhere to the requirements of Council s Procurement Policy which can be accessed on Council s website. 1.4 If a respondent becomes aware of, or has information indicating, fraudulent or unfair activity in relation to this quotation process, the respondent is requested to inform Council s Chief Executive Officer. 2. Clarifications 2.1 Respondents should seek any necessary clarification about (a) this Request for Quotation; (b) the nature of the proposed contract; or (c) the quotation process, only from Council s designated contact officer whose name and contact details appear on the front cover of this Request for Quotation. 2.2 No statement made by any member of Council s staff may be construed as modifying this Request for Quotation unless confirmed in writing by Council. 2.3 Any advice, in whatever form, given by Council to a respondent for the purpose of clarifying the meaning of, or containing information relevant to this Request for Quotation, will also be given to all other respondents (without disclosing the name of the respondent who sought the clarification) in writing unless doing so would reveal commercial-in-confidence information or intellectual property of a respondent or sensitive information relating to a respondent. 3. No Canvassing 3.1 Any respondent who canvasses a Councillor or a Council staff member will be disqualified. CONDITIONS OF QUOTATIONS 4. Response 4.1 Responses must (a) be included in the Quotation Form attached complete with the required information and signed by the respondent; (b) indicate how any objectives, critical success factors and any other issues set out in Council s Specification (if any) will be met; and (c) clearly address the evaluation criteria in clause Responses (a) received other than by the method(s) stipulated on the front page; or (b) lodged after the closing time; will not be accepted. 4.3 Council accepts no responsibility for Responses (a) sent by mail; or (b) delivered by hand and not lodged in accordance with Clause Non-conforming Responses may be rejected. 5. Evaluation 5.1 Responses will be evaluated in accordance with the evaluation criteria listed below and any further criteria contained in this Request for Quotation, including (a) price; (b) experience; (c) capability; and (d) resources. 6. Further Information 6.1 Respondents must promptly provide any further information requested by Council after the lodgment of Responses. 7. Award of contract 7.1 Any contract awarded shall be subject to the Terms and Conditions for Purchase Orders attached. 7.2 All respondents will be promptly notified in writing by Council of the contract being awarded to any respondent. 7.3 Council is not bound to award a contract to any respondent. 8. Pricing 8.1 All prices submitted are to be firm for the duration of any resultant contract and are to be inclusive of GST, unless specified otherwise. 8.2 Quoted prices shall include all labour, material, overheads, transport and all other costs associated with delivery of the goods as described in this Request for Quotation.

3 SCHEDULE 1 QUOTATION FORM Please complete excel spreadsheet titled: Food Items. Complete worksheet Tender Information and Additional Information as mandatory field, then any other worksheet relevant to your business. Complete the pink fields provided.

4 1. Definitions The following terms will, if not inconsistent with the context, have the meanings indicated: Council means Manningham City Council. "Goods" means the goods and/or services described in the Purchase Order. "Purchase Order" means the Purchase Order placed by Council including these Terms. Purchase Price means the total amount shown on the Purchase Order. "Supplier" means the party described as such in the Purchase Order. 2. Completion The Supplier must supply the Goods on or before the Delivery Date in accordance with the Purchase Order. 3. Warranties In addition to other warranties in the Purchase Order and implied by law, it is a condition of the Council's purchase of the Goods that: 3.1 the Goods will be new, unless agreed otherwise; 3.2 the Goods will be fit for the purpose for which items of the same kind are commonly supplied; 3.3 the Goods are merchantable quality and free from defects; and 3.4 the Supplier is capable of passing title in the Goods free of encumbrances and all other adverse interests at the time they are supplied to the Council. 4. Variation or Termination 4.1 The Council may, at any time, by giving written notice to the Supplier, terminate the Purchase Order and the Supplier must on receipt of such notice immediately cease all work in connection with the supply of the Goods and take all appropriate action to mitigate any loss or prevent further costs being incurred. In such event the Council will pay the reasonable fees and expenses of the Supplier in accordance with the Purchase Order but not any loss of prospective profits. In no circumstances must the fees or expenses payable exceed the fees or expenses that would have been paid had the Purchase Order been completed. 4.2 The Council may at any time give written notice to the Supplier proposing a variation to the quantity of the Goods. The Supplier must, as soon as possible, or in any event within 7 days, provide a written proposal as to the varied Purchase Price that will apply for the provision of the varied Goods. The Council may accept the varied Purchase Price proposal within 7 days of receipt from the Supplier but in the absence of such acceptance the Purchase Order will continue as if no proposal under this sub-clause had been made. 5. Confidentiality The Supplier will not disclose, and will ensure that its employees, agents and contractors do not disclose, any confidential information relating to the Council or its affairs which may come to its or their knowledge during the term of the Purchase Order. 6. Rejection of Goods The Council may reject any of the Goods which do not comply in all respects with the Purchase Order. The Council is not required to make payment for any rejected Goods. 7. Payment If the Supplier complies with its obligations under the Purchase Order, the Council must pay the Purchase Price to the Supplier by the method agreed with the Supplier. Payment shall be made within 30 days after delivery of the goods and receipt of a correctly rendered invoice 8. Goods and Services Tax ("GST") The Purchase Price is inclusive of GST. Where the Council is required to pay the Supplier any amount under the Purchase Order on account of GST, the amount representing GST will only be payable by the Council to the Supplier where the Supplier supplies to the Council a tax invoice for GST purposes, in a form approved by the Council. 9. Default by Supplier If the Supplier defaults in the performance or observance of any obligation it has under the Purchase Order, the Council may give notice to the Supplier specifying the default and requiring that such default be remedied within 14 days. If, within 14 days after receipt of the notice, the Supplier fails to remedy the default, to the satisfaction of the Council, the Council (without prejudice to any other rights that it may have under the Purchase Order or at common law against the Supplier) may: 9.1 suspend payment under the Purchase Order; or 9.2 terminate the Purchase Order and any other purchase order between the parties. TERMS AND CONDITIONS FOR PURCHASE ORDERS FOR GOODS 10. Insolvency of Supplier If the Supplier being a person, commits any act of bankruptcy; or 10.2 being a company, commits any act of insolvency - the Council may terminate the Purchase Order immediately. 11. Sub-Contracting and Assignment The Supplier must not, except with the written consent of the Council, sub-contract or assign the whole or any portion of its rights and obligations under the Purchase Order, and no sub-contractors or assignees will have any rights under the Purchase Order against the Council or be entitled to receive any payments under the Purchase Order from the Council. Where the Council gives its consent to the Supplier in accordance with this sub-clause, the Supplier remains fully responsible for performance under the Purchase Order. 12. Statutory Requirements The Supplier must obey and must ensure that its employees, sub-contractors and agents obey any Acts, regulations and local laws in any way applicable to the performance of the Purchase Order, including, without limitation, any occupational health and safety legislation. 13. Indemnity and Advance Release The Supplier indemnifies and holds harmless the Council, its Councillors and staff from and against all actions, claims, losses, damages, penalties or demands consequent upon, occasioned by or arising from its performance or purported performance of its obligations under the Purchase Order, including, without limitation, any acts or omissions of the Supplier's agents and employees. 14. Amendment This Purchase Order may only be varied or replaced by a document duly executed by the parties. 15. Further Assurance Each party must promptly execute and deliver all documents and take all other action necessary or desirable to effect, perfect or complete the transactions contemplated by the Purchase Order. 16. Time of the Essence Time is of the essence as regards all dates, periods of time and times specified in the Purchase Order. 17. No Relationship Nothing in the Purchase Order will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties. Nothing in the Purchase Order will be deemed to authorise or empower any of the parties to act as agent for or with any other party. 18. Number and Gender In the Purchase Order, a reference to: 18.1 the singular includes the plural and vice versa; and 18.2 a gender includes the other genders. 19. Whole Understanding The Purchase Order constitutes the whole understanding between the parties and embodies all terms on which the Goods are to be supplied by the Supplier. If the Supplier's acceptance or supply of the Purchase Order contains any terms in conflict with the Purchase Order, the Purchase Order will have precedence unless otherwise agreed by the Council in writing. 20. Governing Law The law of the State of Victoria governs the Purchase Order and any legal proceedings under the Purchase Order. 21. Joint and Several Obligations If the Supplier consists of two or more parties, the Purchase Order binds each of them severally and jointly. 22. Method of Giving Notices A notice required or permitted to be given by one party to another under the Purchase Order must be in writing, addressed to the other party and: 22.1 delivered to that party's address; or 22.2 transmitted by facsimile to that party's facsimile number. 23. Receipt of Notices A notice given to a party in accordance with Term 22 must be treated as having been duly given and received: 23.1 if delivered to a party's address, on the day of delivery; or 23.2 if transmitted by facsimile to a party's facsimile number and a correct and complete transmission report is received, on the day of transmission. 24. Occupational Health and Safety For the avoidance of doubt the Supplier must comply with all occupational health and safety legislation. The supplier must provide a current safe work method statement or equivalent to Council prior to the commencement of work to the satisfaction of Council.

5 SPECIFICATION This is a standing offer arrangement for one year and to be reviewed on the anniversary of the issued successful letter. The supplier is to provide goods specified in their submission to the agreed delivery times and prices as negotiated between the supplier and Council. Council does not guarantee the supplier any work over the course of the agreement. Council and the supplier can terminate the relationship at anytime and engage another quoter to provide the goods set out in this offer.