Dominion Observatory proposal terms, conditions, and definitions

RFP Period/submission of Proposals

Proposals must be accepted by 5:00 pm on 14 April 2020.

Proposals received after this date will not be considered unless it can be shown that the proposal was delivered late due to unanticipated factors out of their control.

Email

Proposals can be emailed to dliddell@doc.govt.nz

Mail

Written Proposals will be accepted at the:

Department of Conservation Hamilton Office
Level 4
73 Rostrevor Street
Private Bag 3072
Hamilton 3240

Written proposals must be addressed to Darcy Liddell, Permissions Advisor, and marked on the top outside left-hand corner “Request for Proposals – Dominion Observatory.”

Complete Proposals/Applications

Only Proposals which are complete that include the applicant details in the application form and refer to all of the criteria in paragraphs 5.1 to 5.2 (including all information requested within the subparagraphs) will be considered.

Applications from a partnership or unincorporated joint venture must include the full names and addresses of all partners or members of the joint venture.  If an Application is signed by one person, that person may be asked to provide evidence of authority to act on behalf of the other partners or members.

The cost of preparing and submitting a Proposal shall be borne by the Respondent.

Applications must be accompanied by the RFP Lodgement Fee. Any Proposal received without the RFP Lodgement Fee will not be accepted.

No concession application

The Proposal Documents and any other information provided under this process shall not be treated as a concession application pursuant to Conservation Act 1987. Proposals will be assessed for the purposes of selecting the most suitable Proposal(s). A Respondent may be invited to apply for a concession once all Proposals have been considered.

Ownership/confidentiality

The RFP Documents and any other documents resulting from this RFP process are the property of the Minister.

Subject to other legislative requirements, Respondents may ask for their Proposal Documents to be returned in a reasonable condition within two months after the closing date of the RFP Period. 

The Minister will take reasonable steps to protect the Proposal Documents and, subject to the provisions below, will not disclose the Respondent’s Confidential Information to a third party without the Respondent’s prior written consent.

The Minister may disclose the Respondent’s Confidential Information to any person who is directly involved in the RFP process on its behalf, such as officers, employees, consultants, contractors, or professional advisors, evaluation panel members, but only for the purpose of participating in the RFP.

The Minister’s obligations are subject to requirements imposed by the Official Information Act 1982, the Privacy Act 1993, parliamentary and constitutional convention and any other obligations imposed by law.

Third-party information

Each Respondent authorises the Minister to collect additional information, except commercially sensitive pricing information, from any relevant third party (such as a referee or a previous or existing client) and to use that information as part of its evaluation of the Respondent’s Proposal.

Each Respondent is to ensure that all referees listed in support of its Proposal agree to provide a reference.

To facilitate discussions between the Minister and third parties each Respondent waives any confidentiality obligations that would otherwise apply to information held by a third party, with the exception of commercially sensitive pricing information.

Amendments to RFP Documents

Where any amendment to the RFP Documents is considered necessary by the Minister, a notice of amendment (Notice of Amendment) shall be published on the Department’s website and sent to all Respondents and persons who have previously expressed an interest in the RFP process. Any such amendment shall, upon notification, become part of the RFP Documents.

Where the Minister issues a Notice of Amendment, Respondents have the right to withdraw their proposal, modify it in light of the Notice of Amendment and resubmit their proposal within the time specified in the Notice of Amendment.

Statutory or other requirements

It will be the sole responsibility of the Respondent to ensure they can meet any statutory or other requirements to carry out their proposal.

Lodgement Fee

Respondents must pay a non-refundable lodgement fee of $500.00 + GST with their proposal to offset the costs of running the Request for Proposals process.

Respondents to be satisfied

Respondents are considered to be fully aware of the conditions relating to this RFP process and to have examined the RFP Documents and any other information supplied in writing.

Respondents are deemed to have satisfied themselves before applying as to the accuracy and sufficiency of their Proposal Documents.

No obligation

The Minister has no obligation whatsoever to compensate or indemnify any Respondent for any expenses or loss that the Respondent may incur in the preparation of their RFP. There is no guarantee that any Proposal will be accepted, and/or subsequent process run, and/or any concession granted.

The Minister will give written notice to all Respondents who have submitted bona fide proposals advising the outcome of the RFP process.

The Minister is not bound to:

1. Accept any Proposal;
2. Give any reason to any person for the rejection or otherwise of any Proposal;
3. Complete the RFP process.

The Minister reserves the right:

1. To reject any Proposal;
2. At any time to withdraw the Reserve or any part of the Reserve from the RFP notwithstanding that proposals may have been called for and or received;
3. At any time to withdraw the RFP or again call for proposals or consider further proposals received in accordance with Part IIIB of the Conservation Act 1987.

No contract

Neither the RFP nor the RFP process, creates a process contract or any legal relationship between the Minister and any Respondent.

The fact that this RFP process is being conducted is in no way to be taken as an indication that a concession will be granted. That decision is one for the Minister to make under Part IIIB of the Conservation Act 1987 and is entirely separate from this RFP process.

Disclaimer

The Minister will not be liable in contract, tort, equity, or in any other way whatsoever for any direct or indirect damage, loss or cost incurred by any Respondent or any other person in respect of the RFP process.

Nothing contained or implied in the RFP, or RFP process, or any other communication by the Minister to any Respondent shall be construed as legal, financial or other advice. The Minister has endeavoured to ensure the integrity of such information. However, it has not been independently verified and may not be up to date.

To the extent that liability cannot be excluded, the maximum aggregate liability of the Minister, its agents and advisors is $1.

Respondents’ Enquiries

Should interested parties have any questions in relation to the RFP process, please get in contact with the Department:

Darcy Liddell, Permissions Advisor

Department of Conservation

Private Bag 3072

Hamilton 3240

Subject Line: Dominion – Request for Proposals  or;

Email: dliddell@doc.govt.nz

Definitions

“Application” means an application.

“Confidential Information” is information that:

• is by its nature confidential (including culturally sensitive information)
• is marked by either the Minister or a Respondent as ‘confidential’, ‘commercially sensitive’, ‘sensitive’, ‘in confidence’, ‘top secret’, ‘secret’, classified’ and/or ‘restricted’
• is provided by the Minister, a Respondent, or a third party in confidence
• the Minister or a Respondent knows, or ought to know, is confidential.

Confidential information does not cover information that is in the public domain through no fault of either the Minister or a Respondent.

“Proposal” means a proposal submitted in accordance with the RFP process.

“Proposal Documents” means all documents submitted in support of a Proposal.

“Respondent" means a person who submits a Proposal. The term Respondent includes the individual submitting the proposal and any entity or group on whose behalf it is submitted, together with its officers, employees, contractors, consultants, agents and other nominated contact persons.

“RFP Documents” means all documents that form part of this Request for Proposals, including the appendices, schedules and attachments and any Notices of Amendment.

“RFP Period” means the period from 9:00 am Monday 16 March 2020 to 5:00 pm 14 April 2020.