THE ADMINISTRATION OF NORFOLK ISLAND

THE ADMINISTRATION OF NORFOLK ISLAND REQUEST FOR TENDER FOR THE SUPPLY OF FUEL AND FUEL PRODUCTS ADMINISTRATION OF NORFOLK ISLAND 14/2014 REQUEST FOR TENDER (INCLUDING TENDER RESPONSE SCHEDULE) Tender Reference: 14/2014 REQUEST FOR TENDER (INCLUDING TENDER RESPONSE SCHEDULE) NO. 14/2014 IN RELATION TO THE SUPPLY OF FUEL AND FUEL PRODUCTS TO ADMINISTRATION OF NORFOLK ISLAND Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 1

REQUEST FOR TENDER REQUEST FOR TENDER FOR THE SUPPLY OF FUEL AND FUEL PRODUCTS TO ADMINISTRATION OF NORFOLK ISLAND 1. Introduction 1.1. Invitation to Tender 1.1.1. The Administration invites Tenders for the supply of fuel to the Administration of Norfolk Island in accordance with this Request for Tender (RFT). 1.1.2. A summary of the Administration and the requirement for the Deliverables and Services are set out in Schedule1 Specifications and Contract. 1.1.3. While it is the intention of the Administration to contract for all Deliverables and Services set out in Schedule1 Specifications and Contract, the Administration reserves the right to contract for part only of the Deliverables and Services. 1.2. Key terms 1.2.1. The following table sets out the details of some key terms used in this RFT: ADMINISTRATION The Administration of Norfolk Island Closing Time 3:00pm Norfolk Island time on 22 September 2014 Contact Officer Deadline for written Submission of Tenderers Questions Deliverables Bruce Taylor Deputy Chief Executive Officer Administration of Norfolk Island Kingston Norfolk Island 2899 Phone: +6723 22001 Fax: +66723 22001 Email: deputyceo@admin.gov.nf 4:00pm Norfolk Island time on 12 September, 2014 The Deliverables set out in the Specifications and the Contract Contract The contract referred to in Schedule1 and Schedule 3 Offer Period 30 days after the Closing Time Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 2

Services Tender Tender Details the Services set out in the RFT and Contract any Tender submitted in response to this RFT The name of this Tender is Request for Tender 14/2014 for the supply of fuel and fuel products to the Administration of Norfolk Island Tenderer Response the Tender Response Forms set out in Schedule 2 Forms Tenderer any entity which submits a Tender or, where the context requires, is proposing to submit a Tender 1.3. Form of contract 1.3.1. The Administration proposes to enter into a contract with the successful Tenderer substantially in the form of the Contract in Schedule 3. 1.4. Governing law 1.4.1. This RFT is to be construed in accordance with, and any matter related to it is to be governed by, the law of Norfolk Island. The courts of Norfolk Island have non-exclusive jurisdiction to decide any matter related to this RFT. 2. Lodging Tenders 2.1. E-mail lodgement Only 2.1.1. Tenders must be lodged by email to tenders@admin.gov.nf and not by any other means. 2.2. Tender closing time and date 2.2.1. Tenders must be lodged by email and received by the Administration at that address on or before the Closing Time. 2.2.2. The Administration may extend the Closing Time, and will issue an addendum notifying any decision to extend. 2.2.3. The time displayed on Administration s email system as the time the Tender is received by Administration is deemed to be the correct time and will be the means by which Administration will determine whether a Tender has been lodged by the Closing Time. 2.3. Electronic lodgement 2.3.1. The judgment of the Administration as to the time a Tender has been lodged will be final. 2.3.2. In submitting their Tenders electronically, Tenderers warrant that they have taken reasonable steps to ensure that Tender response files are free of viruses, worms or other disabling features which may affect the Administration s computing environment. Tenders found to contain viruses, worms or other disabling features will be excluded from the evaluation process. 2.3.3. It is the responsibility of Tenderers to ensure that their infrastructure including operating system meet the minimum standards to transmit the Tender by email. The Administration takes no responsibility for any problems arising from Tenderers infrastructure and/or Internet connectivity. 2.4. Late Tenders, Incomplete Tenders and corrupted files 2.4.1. Any attempt to lodge a Tender after the Closing Time will be deemed to be a Late Tender. 2.4.2. Late Tenders, incomplete Tenders, including those with electronic files that cannot be read or decrypted, Tenders which the Administration believes to potentially contain any virus, malicious code or anything else that might compromise the integrity or security of the Administration s computing Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 3

environment, will be excluded from evaluation. 2.5. Registering interest to tender 2.5.1. Tenderers must email the Contact Officer to register their interest to submit a Tender in order to be able to directly receive any addenda to the RFT documentation. 2.5.2. Tenderers should also regularly check the Administration website for any addenda or answers to Tenderers questions. 2.6. Security 2.6.1. Tenderers acknowledge that although the Administration has implemented security within its email system, the Administration does not warrant that unauthorised access to information and data transmitted via email will not occur. 2.6.2. Tenderers acknowledge that lodgement of their Tender on time and in accordance with this RFT is entirely their responsibility; and the Administration will not be liable for any loss, damage, costs or expenses incurred by Tenderers or any other person if, for any reason, a Tender or any other material or communication relevant to this RFT, is not received on time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised. 2.7. Requests for Additional Information 2.7.1. Requests for further information in relation to this RFT must be directed by email to the Contact Officer by the Deadline for Submission of Tenderers Questions. 2.7.2. The only point of contact for all matters relating to this RFT and the RFT process is the Contact Officer. 2.7.3. The Administration will determine what, if any, response should be given to a Tenderers question. The Administration may circulate Tenderers questions and the Administration s response to those questions to all other Tenderers without disclosing the source of the questions or revealing any confidential information of a Tenderer. 2.7.4. Tenderers should identify in their question what, if any, information in the question the Tenderers consider is confidential. Inappropriate identification of information as confidential will be considered by the Administration when determining what, if any, response will be given. 2.7.5. If a Tenderer believes it has found a discrepancy, error, ambiguity, inconsistency or omission in this RFT or any other information given or made available by the Administration, the Tenderer should promptly notify the Contact Officer setting out the error in sufficient detail so that the Administration may take the corrective action, if any, it considers appropriate. 2.8. Variation of the RFT The Administration may amend this RFT or the RFT process at any time. If the Administration does so prior to the Closing Time, the Administration will issue a formal addendum to the RFT by email and/or the website. 2.9. Termination of the RFT The Administration may terminate the Tender process at any time if the Administration determines that none of the Tenders submitted represents value for money or that it is otherwise in the public interest to do so. 2.10. Errors & alterations 2.10.1. Tenderers should ensure that any errors or alterations made to a Tender are clearly identified and, where appropriate, initialed. Any alteration or erasure made to a Tender that is not clearly identified may result in the Tender being excluded from consideration. 2.10.2. Tenders in which prices are not clearly and legibly stated may be excluded from consideration. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 4

2.10.3. If the Administration considers that there are unintentional errors of form in a Tender, the Administration may request the Tenderer to correct or clarify the error, but will not permit any material alteration or addition to the Tender. 3. Information management 3.1. The Administration s confidential information 3.1.1. Tenderers must not and must ensure that their employees, agents or subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the Administration, the Norfolk Island Government or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by the Administration and which the Administration indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential. 3.1.2. The Administration may require that all written information (whether confidential or otherwise and without regard to the type of media on which such information was provided to Tenderers) provided to Tenderers (and all copies of such information made by Tenderers) be: returned to the Administration - in which case Tenderers will be required to promptly return all such information to the address identified by the Administration; or destroyed by Tenderers - in which case Tenderers will be required to promptly destroy all such information and provide the Administration with written certification that the information has been destroyed. 3.1.3. The Administration may exclude from further consideration any Tender lodged by a Tenderer who has engaged in any behavior contrary to this paragraph. 3.2. Tenderer s confidential information 3.2.1. Subject to the following paragraphs, the Administration will treat as confidential all Tenders submitted by Tenderers in connection with this RFT. 3.2.2. The Administration will not be taken to have breached any obligation to keep information provided by Tenderers confidential to the extent that the information: is disclosed by the Administration to its advisers, officers, employees or subcontractors solely in order to conduct the RFT process or to prepare and manage any resultant contract; is disclosed to the Administration s internal management personnel, solely to enable effective management or auditing of the RFT process; (c) is disclosed by the Administration to the responsible Minister; (d) is disclosed by the Administration in response to a request by the Legislative Assembly of Norfolk Island or a House or a Committee of the Parliament of the Commonwealth of Australia; (e) is shared by the Administration within the Administration s organisation, or with the Commonwealth of Australia, where this serves the Commonwealth s legitimate interests; (f) is authorised or required by Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 5 (g) law to be disclosed; or is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality. 3.2.3. Once a contract is entered into with the successful Tenderer, the successful Tenderer's Tender will not necessarily be treated as confidential. Tenderers should clearly identify in their Tender response the information that they consider should be protected as confidential information should a contract be entered into with them.

The Administration will only consider a request for confidentiality where: the information to be protected is identified in specific rather than global terms; the information is by its nature confidential; and (c) disclosure would cause detriment to the parties concerned. 3.2.4. The Administration will only keep information contained in, or obtained or generated in performing, any contract entered into with the successful Tenderer confidential in accordance with the terms of the contract. Tenderers should include in Attachment 7: Statement of Compliance with Contract any request for such information to be treated as confidential following the award of contract to it. 3.3. Use of Tender documents 3.3.1. All Tenders become the property of the Administration upon submission. 3.3.2. Notwithstanding the above paragraph and without prejudice to anything agreed in any subsequent contract, ownership of intellectual property in the information contained in a Tender remains unchanged. 3.3.3. However, the Administration may use any material contained in a Tender, or otherwise provided by the Tenderer, for the purposes of the RFT process and the preparation and management of any resultant contract. of information improperly obtained or in breach of an obligation of confidentiality. 4.1.3. Tenderers must not: (c) (d) engage in misleading or deceptive conduct in relation to their Tenders or the RFT process; engage in any collusive Tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the preparation of their Tender or the RFT process; attempt to solicit information from or influence improperly any current or former officer, employee, contractor or agent of the Administration, or violate any applicable laws or Norfolk Island Government policies regarding the offering of inducements in connection with the RFT process; otherwise act in an unethical or improper manner or contrary to any law. 4.1.4. The Administration may exclude from consideration any Tender lodged by a Tenderer that has engaged in any behavior contrary to this section. In addition, the Administration may refer the matter to relevant Commonwealth, State or Territory authorities. This right is in addition to any other remedies the Administration may have under law or in any contract with a successful Tenderer. 4. Policy and law 4.1. Ethical dealing 4.1.1. The Administration s policy is to engage in the highest standards of ethical behavior and fair dealing throughout the RFT process. The Administration requires the same standards from those with whom it deals. 4.1.2. Tenders must be compiled without improper assistance of current or former officers, employees, contractors or agents of the Administration and without the use 4.2. Conflicts of interest 4.2.1. Tenderers should represent and declare in Attachment 2: Tenderer s Deed in Schedule 2 whether, at the time of lodging their Tender, a conflict of interest concerning itself or a related entity exists, or might arise during the term of the contract or in relation to the Tender. 4.2.2. A conflict of interest means any matter, circumstance, interest, or activity affecting the Tenderer (including the officers, employees, agents and subcontractors of the Tenderer) which may or may appear to impair the ability of the Tenderer Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 6

to perform the contract diligently and independently. 4.2.3. A conflict of interest may exist if: Tenderers or any of their personnel have a relationship (whether professional, commercial or personal) with the Administration s personnel involved in the evaluation of Tenders; or Tenderers have a relationship with, and obligations to, an organisation which would affect the performance of the contract or would bring disrepute to or embarrass the Administration. 4.2.4. If at any time prior to entering into the contract, an actual or potential conflict of interest concerning itself or a related entity arises or may arise for any Tenderer that Tenderer should immediately notify the Contact Officer. 4.2.5. If a conflict of interest arises, the Administration may: (c) exclude the Tender from further consideration; enter into discussions to seek to resolve the conflict of interest; or take any other action it considers appropriate. 4.3. Tenderers to inform themselves 4.3.1. Information in this RFT concerning current or past requirements, volumes, location, environment or other relevant matters has been prepared from information available to the Administration and may not have been independently verified. Such information may be based on projections from information on available historical information which may not be accurate and may assume trends or events or other matters that may not be valid or eventuate as and when expected or at all. In addition, the Administration does not guarantee that this information will remain true at any future point in time. 4.3.2. The Administration has no liability to any Tenderer should any information or material provided with respect to this RFT or the Services be inaccurate or incomplete or if actual volumes, locations, environments or other relevant matters vary from the Administration s current expectations. 4.3.3. Tenderers are considered to have: examined this RFT, any documents referenced in this RFT and any other information made available by the Administration to Tenderers for the purpose of Tendering; examined all further information which is obtainable by the making of reasonable inquiries relevant to the risks, contingencies, and other circumstances having an effect on their Tenders; (c) satisfied themselves as to the correctness and sufficiency of their Tenders including tendered prices; (d) made their own independent assessments of actual workload requirements under any resultant contract and all prices will be presumed by the Administration to have been based upon Tenderers own independent assessments; and (e) satisfied themselves as to the terms and conditions of the Contract and their ability to comply with the Contract, subject to their responses to Attachment 7: Statement of Compliance with Contract in Schedule 2. 4.3.4. In preparing their Tenders, Tenderers must not rely on: any representation, letter, document or arrangement, whether oral or in writing, or other conduct as adding to or amending this RFT other than amendments in accordance with this contract; or Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 7 any warranty or representation made by or on behalf of the Administration of Norfolk Island, except as are expressly provided for in this RFT.

4.3.5. The Administration will not be responsible for any costs or expenses incurred by Tenderers in complying with the requirements of this RFT. 4.4. Disclaimer 4.4.1. This RFT is an invitation to treat and is not to be taken to be or relied upon as an offer capable of acceptance by any person or as creating any form of contractual (including a process contract), quasi contractual, restitution or promissory estoppel rights, or rights based on similar legal or equitable grounds. 4.4.2. The Administration is not liable to any Tenderer on the basis of any contract or other understanding (including any form of contractual, quasi contractual, restitutionary or promissory estoppel rights or rights based on similar legal or equitable grounds) whatsoever, or in negligence, as a consequence of any matter relating or incidental to this RFT or a Tenderer s participation in this RFT process, including instances where: a Tenderer is not invited to participate in any subsequent process as part of or following (c) (d) completion of this RFT process; the Administration varies the RFT process; the Administration decides to terminate the RFT process or not to contract for all or any of the requirements; or the Administration exercises or fails to exercise any of its other rights under or in relation to this RFT. 5. Matters concerning Tender response 5.1. Tender response requirements 5.1.1. Tenderers should address each of the evaluation criteria specified in the table below by completing the Tender Response Forms contained in Schedule 2. Tenderers may include additional information in their Tenders; however the Tenderer s response to each of the Tender Response Forms will form the basis of the evaluation. Each Tender Response Form should commence on a new page. Item Evaluation Criterion Required Information Tenderer Checklist 1 N/A Tenderers should provide their details by completing the form at Attachment 1: Tenderer s Details in Schedule 2. 2 N/A Tenderers must complete and execute the Attachment 2: Tenderer s Deed in Schedule 2 3 Methodology Tenderers should provide details of how they would provide the Services by completing Attachment 3: Methodology in Schedule 2. 4 Tenderer's experience and key management personnel Tenderers should provide details of their experience and details about their management capability and key personnel by completing Attachment 4: Tenderer's Experience and Key Management Personnel in Schedule 2. 5 Pricing information Tenderers should complete the price schedule at Attachment 5: Price Schedule in Schedule 2. 6 Insurance Tenderers should complete the Attachment 6: Insurance Details in Schedule 2. 7 Tenderer s compliance with the Contract Tenderers should indicate their compliance with the Contract by completing Attachment 7: Statement of Compliance with Contract in Schedule 2. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 8

5.2. Offers and acceptance of offer 5.2.1. Lodging a Tender will constitute an offer by the Tenderer to provide the Services on the terms and conditions set out in the Contract, subject to any exceptions notes in its response to Attachment 7: Statement of Compliance with Contract in Schedule 2 for a period of not less than the Offer Period. 5.2.2. A Tender will not be taken to have been accepted until a formal contract has been executed by the Tenderer and the Administration. Notice by the Administration to any Tenderer that it is, or is not, a preferred or successful Tenderer will not constitute an acceptance or rejection of any Tender. 5.3. Complaints 5.3.1. Any complaints arising out of the RFT process should be directed to: Complaints Officer, Administration of Norfolk Island Kingston, Norfolk Island 2899. 6. General matters 6.1. Prices and units 6.1.1. The Tender must be written in English. 6.1.2. All measurements must be expressed in Australian legal units of measurement. 6.1.3. Tendered prices should be inclusive of: all costs of complying with this RFT; and all costs associated with doing all things necessary for the due and proper completion of the proposed contract. 6.1.4. The Administration prefers to effect payment to its suppliers by electronic funds transfer direct to suppliers bank accounts, unless exceptional circumstances exist where a supplier has limited access to banking facilities in remote areas. 7. Evaluation of Tenders 7.1. Evaluation process 7.1.1. Following the Closing time, Tenders will be evaluated to identify the Tender that represents best value for money. Value for money is a comprehensive assessment that takes into account both cost represented by the price assessment and value represented by the technical assessment in the context of the risk profile presented by the Tenderer and its Tender, including any request by a Tenderer to limit or cap its liability under the Contract. 7.1.2. Tenders will be evaluated against the evaluation criteria specified in the table above. The Administration may take into account information provided by a Tenderer in response to one criterion in its evaluation of another criterion. 7.1.3. The evaluation criteria are not specified in any order of importance. If any additional criteria are intended to be applied in evaluating Tenders, the Administration will notify Tenderers who will be given an opportunity to respond. 7.1.4. The Administration may at any time exclude a Tender from consideration if the Administration considers that the Tender is incomplete or clearly not competitive. 7.1.5. The Administration is not bound to accept the lowest priced (or any) Tender. 7.2. Security, probity and other checks 7.2.1. The Administration may perform such security, probity and financial investigations and procedures as the Administration may determine are necessary in relation to Tenderers, their employees, officers, partners, associates, subcontractors or related entities and their officers, employees and subcontractors. 7.2.2. Tenderers should promptly provide the Administration with such information or documentation that the Administration requires in order to undertake such investigations. The Administration may exclude a Tender from further consideration if the Tenderer does not promptly provide all reasonable assistance to the Administration in this regard, or based on the outcomes of the investigations or procedures. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 9

7.2.3. The Tender evaluation process may involve: visits to some or all Tenderers' sites; or discussions with, and/or visits to, customers or subcontractors of some or all Tenderers, whether or not the customers are provided as referees by the relevant Tenderer. 7.2.4. The Administration may also make independent enquiries about any matters that may be relevant to the evaluation of a Tender. 7.3. Essential requirements 7.3.1. The Administration will exclude a Tender from further consideration if at any time before a contract is executed the Administration considers that the Tender does not comply with an essential requirement identified in Item 2 of Schedule 1. 7.4. Clarification, short-listing and negotiations 7.4.1. The Administration may: use any relevant information obtained in relation to a Tender (provided in the Tender itself, otherwise through this RFT or by independent inquiry) in the evaluation of Tenders; seek clarification or additional information from any Tenderer for the purposes of Tender evaluation; (c) shortlist one or more Tenderers and seek further information from them; (d) enter into negotiations or discussions with one or more Tenderers; (e) discontinue negotiations or discussions with a Tenderer, (f) whether or not the Tenderer has been notified that it is the preferred Tenderer; or invite one or more Tenderers to make a presentation to the Administration for the purpose of explaining or clarifying a Tender. However, Tenderers should not assume that there will be an opportunity to make a presentation. Each Tenderer should ensure that its Tender is complete in itself. 7.4.2. Tenderers should nominate in their Tender a person for the purpose of responding to any clarification requests which may arise during Tender evaluation or receiving other notices during the RFT process. Tenderers should include the name, address and contact details of that person in the form at Attachment 1: Tenderer s Details in Schedule 2. The person nominated by the Tenderer must be authorised to represent and bind the Tenderer in relation to this RFT. 8. Other Matters 8.1. Public Statements 8.1.1. Except with the prior written approval of the Administration, Tenderers must not make a statement, issue any document or material or provide any other information for publication in any media, concerning Tender evaluation, the acceptance of any Tender, commencement of negotiations, creation of a shortlist, or notification that a Tenderer is the preferred Tenderer. 8.1.2. The Administration may exclude a Tender from further consideration if the Tenderer does not comply with this requirement. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 10

SCHEDULE 1 BACKGROUND AND ESSENTIAL REQUIREMENTS; DELIVERABLES & 1. Overview CONTRACT The Administration of Norfolk Island is a body politic constituted under the Norfolk Island Act 1979 (Cth). 2. Essential Requirements Tenders must meet the essential requirements for the sale, prompt and timely supply, proper transport, loading and unloading and delivery safely to the Administration as and when and where required by the Administration of various types of fuels and fuel products and fuel like products as well as proper disposal of out of date, contaminated and/or unfit fuel or fuel products and for prevention & prompt resolution at all times of any spillage, fire, explosion, pollution, leakage, gas or vapours/fumes, damage, injury or deaths in relation to any fuel or fuel products or fuel like products being supplied or transported under this agreement in addition to any other requirements and obligations arising under or connected in any way to the provision of any and all services under the tender or contract for services as well as under any and all applicable laws and standards. 3. Time Frame The resultant contract is expected to commence on 01 November, 2014 and conclude 04 October, 2017 and. Expressions of interest are sought for ongoing provision of services as per Attachment 3 in Schedule 2. 4. Contract The successful tenderer will be required to enter into a contract substantially as per the Service Agreement in Schedule 3 subject to any exceptions noted in the tenderer s response to Attachment 7: Statement of Compliance with Contract in Schedule 2. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 11

SCHEDULE 2 TENDER RESPONSE FORMS Tenderers should ensure that their Tenders include each of the Tender Response Forms attached to this Schedule 2. Attachment 1: Tenderer s Details Attachment 2: Tenderer s Deed Attachment 3: Methodology Attachment 4: Tenderer s Experience and Key Management Personnel Attachment 5: Price Schedule Attachment 6: Insurance Details Attachment 7: Statement of Compliance with Contract In addition to Attachments 1 to 7, Tenderers should ensure that their Tenders include, as a minimum, the following information: copies of all certificates relating to qualification and membership required as an essential requirement; all information, references, documents and other supporting corroboration of the matters listed as essential requirements. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 12

Attachment 1: Tenderer s Details Tenderers should provide full responses in completing the following information to enable the ADMINISTRATION to clearly identify the entity responding to the RFT. Full legal name of Tenderer: Trading or business name (including where registered): Australian and/or Norfolk Island Company Number: Australian and/or Norfolk Island Business Number: Tenderer street address: Tender postal address: Tenderer s Contact who is authorised to represent and legally bind the Tenderer: Name: Position: Telephone Number: Fax Number: Email: Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 13

Attachment 2: Tenderer s Deed Tenderers must complete the Tenderer's Deed and include it within their Tender response (refer to clause 4.2.1 of this RFT). 1.1 DEED POLL Date: ^insert date^ By: ^insert full legal name of Tenderer^ (Tenderer) 1.2 Context Request for Tender in relation to ^details^ (RFT). 1.3 Interpretation In this Deed, terms not otherwise defined have the meaning ascribed to them in the RFT. 1.4 Compliance with RFT The Tenderer represents that it has read and understood, and that it s Tender is submitted in accordance with, the RFT. The Tenderer undertakes that it will continue to participate in the RFT process in accordance with the RFT and on the basis of its Tender. 1.5 Offer The Tender constitutes an offer (Offer) to provide the Services on the terms and conditions set out in the Contract, subject to any exceptions noted in its Statement of Compliance with the Contract submitted as part of its Tender, and accordingly is capable of immediate acceptance by the Administration of Norfolk Island so as to form a binding contract. The Offer remains open for acceptance by the Administration of Norfolk Island for the Offer Period. The Tenderer undertakes not to withdraw, vary or otherwise compromise the Offer during the Offer Period. If directed by the ADMINISTRATION, the Tenderer will execute a contract in the form set out in Schedule 3 Contract, subject to any amendments noted in the Tenderer s Statement of Compliance with the Contract, without entering into further negotiation. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 14

To the extent that the Tender does not include complete information relating to matters required for the completion of the Contract, the Administration of Norfolk Island may complete the contract at its reasonable discretion, and the Tenderer shall execute the resultant contract. 1.6 Confidentiality The Tenderer will ensure that its employees, agents or subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the ADMINISTRATION, the Administration of Norfolk Island or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by the ADMINISTRATION and which the ADMINISTRATION indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential. 1.7 Ethical Dealing The Tenderer represents that its Tender has been compiled without the improper assistance of any current or former ADMINISTRATION officer, employee, contractor or agent and without the use of information obtained unlawfully or in breach of an obligation of confidentiality to the ADMINISTRATION. The Tenderer represents that it has not: engaged in misleading or deceptive conduct in relation to its Tender or the RFT process; engaged in any collusive Tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the preparation of their Tender or the RFT process; (c) attempted to solicit information from or influence improperly any current or former officer, employee, contractor or agent of the ADMINISTRATION, or violate any applicable laws or Norfolk Government policies regarding the offering of inducements in connection with the RFT process; or (d) otherwise acted in an unethical or improper manner or contrary to any law. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 15

1.8 Conflict of Interest The Tenderer represents that, having made all reasonable enquiries the following represents its only known actual or potential conflicts of interest in respect of the RFT, its Tender or the provision of the Services: ^insert list or, where no conflict exists, write none ^ The Tenderer undertakes to advise the ADMINISTRATION in writing immediately upon becoming aware of any actual or potential conflicts of interest in respect of the RFT, its Tender or the provision of the Services. 1.9 Employee entitlements The Tenderer represents that, having made all reasonable enquiries, as at the date of this declaration, it is not subject to any judicial decisions relating to employee entitlements (not including decisions under appeal) which claims have not been paid. EXECUTED AS A DEED POLL for the benefit of the ADMINISTRATION OF NORFOLK ISLAND Dated this ^insert day^ day of ^insert month^ 201^year^ SIGNED SEALED AND DELIVERED by ^insert name of Tenderer^ by its duly authorised representative: ) ) ) Name of signatory Signature Dated In the presence of: Name of witness Signature of witness Dated Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 16

Attachment 3: Methodology Tenderers must provide a statement of the methodology to be adopted to ensure continuity of supply of fuel to the Administration of Norfolk Island. Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 17

Attachment 4: Tenderer's Experience and Key Management Personnel Tenderers must provide a statement setting out details of its capability and experience in projects and/or service of a similar nature having particular regard to the nature and requirements of the task of obtaining, storing, selling, supplying \, transporting, loading and unloading and delivery safely of different types of fuel and fuel related products such as oil as well as similar products by way of kerosene and methylated spirits to the Administration of Norfolk Island including by way of correct safe and prompt on-time delivery to nominated Administration fuel storage tank facilities at the Norfolk Island Airport and at the Public Works depot and to any other locations nominated by the Administration through the Administration contact officer or the Public Works Manager and having regard to the following supporting information: Demonstrated experience (preferably within Australia); Key personnel, including CVs for drivers and technicians / compliance testers and details of qualifications held that meet compliance with the requirements listed; Proposed subcontractors (if any); Name and contact details of any referees; Any other statements that the Tenderer may wish to make in support of its Tender and regarding its qualifications and experience in performing work of a similar nature. Tenderer's Experience and Key Management Personnel Tenderers must provide details of its key management personal and experience in projects of a similar nature: Previous experience: Name of customer Description of project $ Value Date of project Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 1

Key Personnel (also attach CVs): Name Qualifications/experience Role Proposed subcontractors: (if any) Company Name Qualifications/experience Role Name and contact details of referees: Name Contact details Company & Role Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 2

Request for Tender (No 14/ 2014) in relation to the supply of fuel &fuel products to Administration of Norfolk Island Page 3