General Conditions of Offering

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REVISED 8 December 2006

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions, unless the context otherwise indicates and requires, the following terms shall have the meanings respectively assigned to them:

1.1.1 "Assignment" - means a Standing Offer Arrangement, a register of pre-qualified suppliers, a panel arrangement or a preferred supplier arrangement for the provision of Goods or rendering of a Service (as demand requires). An Arrangement does not constitute a Contract;

1.1.2 "Conditions" - the Queensland Police Service General Conditions of Offering as outlined in this document;

1.1.3 "Contract" - the agreement between the Queensland Police Service and the Contractor, for the supply of Goods or the rendering of a Service constituted by -

• Letter of Acceptance issued by the Queensland Police Service,
• Official Purchase Order,
• GITC Schedules (where applicable)
• Contracting Services Agreement or Standard Consultancy Agreement (where applicable)
• General Conditions of Contract - Queensland Police Service,
• General Conditions of Offering - Queensland Police Service,
• Invitation (including all conditions contained herein),
• Offer.

1.1.4 "Contract Authority" - means the Manager, Logistics, Queensland Police Service, or the person from time to time holding, occupying or performing the duties of the Manager, Logistics Branch;

1.1.5 "Contractor" - a person, business, partnership or company who has entered into a contract with the Queensland Police Service to supply the Goods or perform the Services offered;

1.1.6 "FIS" - Free in Store, including unloading by carrier;

1.1.7 "Goods" - means materials, plant and equipment supplied pursuant to an Agreement or Contract;

1.1.8 "GST" - means a goods and services tax imposed under A New Tax System (Goods and Services Tax) Act 1999;

1.1.9 "Invitation" - the notice (written or verbal) inviting prospective Offerers to submit Offers or Proposals for the supply of Goods or Services;

1.1.10 "Offer" - a response by an Offerer to an Invitation

1.1.11 "Offerer" - means the person, corporation or other entity submitting an Offer and shall apply equally to all and each of the persons, business, partnership or company, or to any single individual making an Offer;

1.1.12 "Procurement Delegate" - means the person managing the procurement process on behalf of the Queensland Police Service;

1.1.13 "Purchase Order" - means the official order issued by the Queensland Police Service which forms a Contract between the Offerer and the Queensland Police Service

1.1.14 "Queensland Police Service" - means the State of Queensland acting through the Queensland Police Service;

1.1.15 "Services" - means the services supplied pursuant to an Arrangement or Contract;

1.1.16 "State" - the Crown in right of the State of Queensland;

1.1.17 "Technical Authority" - means the Queensland Police Service technical representative responsible for the detail and accuracy of the specifiactions contained in the Invitation.

2.1 These Conditions shall apply, subject to any special conditions detailed in the Invitation, to Offers submitted to the Queensland Police Service.

2.2 In the event of any inconsistency between these Conditions and any Special Conditions of Offering in an Invitation, these Conditions will prevail to the extent of such inconsistency.

2.3 The Queensland Police Service may alter these Conditions from time to time.

3.1 The attention of Offerers is drawn to the provisions of the State Purchasing Policy issued by the Government of Queensland. Invitations are issued in accordance with the provisions of the Queensland Police Service Procurement and Contracts Manual. The Queensland Police Service will seek to advance the priorities of the Governemtn of the day through its procurement activities.

4.1 Every Offerer shall state in the Offer:

4.1.1 in the case of an Offer by an individual, full Christian or given names, surname, and address;

4.1.2 in the case of an Offer under a business name, the full names and addresses of all proprietors and the address of the principal place of business, and if a proprietor is a company, the Australian Business/Company Number, and the address of its registered office;

4.1.3 in the case of an Offer by a company, the full name of the company, the Australian Business/Company Number, and the address of the registered office of the company;

4.1.4 in the case of an Offer by a Public Sector Agency, the full name and address of the Agency, the name and title of the person signing the Offer on behalf of the Agency and the Australian Business Number.

5.1 Unless otherwise stated in the Invitation every Offer shall be submitted in the format as supplied by the Queensland Police Service.

5.2 Offers must be submitted on the forms provided which are to be completed in the full or the Offer may be rejected.

5.3 Covering letters or annexures should be avoided. If they are necessary, the salient points involved should be set out as briefly and concisely as possible. Descriptions of equipment, brochures and other details are to be restricted to actual items offered.

5.4 Offers, including brochures, etc., must be submitted in duplicate unless otherwise specified in the Invitation

5.5 Conditions and specifications issued with the Invitation should be retained by the Offerer and should not be returned with the Offer.

5.6 The Queensland Police Service will hold that the person/s whose signature/s appears on the offer, is authorised to sign on behalf of the Offeror.

6.1 Prices offered shall:

6.1.1 be in Australian Currency; (this condition may be varied for overseas Offerers);

6.1.2 be inclusive of GST, if any, and show the amount of the GST separately;

6.1.3 include suitable packaging and delivery FIS at the nominated location unless otherwise specified in the Invitation.

6.2 Any alteration or erasure of prices is to be initialled.

6.3 Offerers must indicate which of the following applies to the prices quoted:

6.3.1 Prices are firm

6.3.2 Prices are subject to $A exchange rate variations.

6.3.3 Prices are subject to increase at a specified date.

6.3.4 Prices are subject to negotiation of discount.

6.3.5 Other (details must be supplied).

7.1 Offers must include particulars of discounts, if any, deductible from the prices offered and how invoices will reflect the discount.

8.1 Where Goods of overseas manufacture are offered, particular attention is drawn to the Queensland Police Service requiring the completion of Part 1 of Form 2012 "Conditions Relating to Price Variations" attached to the Invitation, or the Offer may be rejected.

8.2 In this regard, Part 1 of Form 2012 must be completed in full for all imported Goods or components included in the Offer (a seperate form for each good or component is required).

8.3 In any event, a Contract will not be entered into for goods which are yet to be imported until all the information required in Part 1 of Form 2012 is submitted and/or definite arrangements are made regarding the effect of exchange rate fluctations and the method of calculating the prices to be paid.

9.1 The Queensland Police Service shall not enter into a contract for the privision of services which requires payment in advance for those services. Such a condition transfers unacceptable risk to the Queensland Police Service. The Queensland Police Service will only consider offers which incorporate payment in arrears for services already provided. The Queensland Police Service reserves the right to negotiate payment terms with any or all offerers at the discretion of the Contract Authority. Where deemed necessary, the Queensland Police Service may require the execution of a Deed of "Unconditional Financial Undertaking" or other relevant instrument of guarantee.

10.1 Offerers must specify:

10.1.1 how the Goods or Services will be delivered; and

10.1.2 the time for delivery after receipt of a Purchase Order.

11.1 Where any specific brand or model is stated by the Queensland Police Service in the Invitation, Offers may be submitted for Goods of other brands or model which, in the opinion of the Offerer, are the least equivalent to the brand or model specified.

12.1 Offers are encouraged to be submitted for:

12.1.1 all Goods/Services which conform with the description or specifications;

12.1.2 alternative Offers;

12.1.3 alternative technical and innovative solutions;

and the Queensland Police Service reserves the right to accept one Offer for the whole or separate Offers for any portion of the Goods/Services required in the Invitation and to accept any alternative Goods offered.

13.1 Offerers must furnish illustrated descriptive literature with full details of all Goods offered if requested in the Invitation.

14.1 All Goods, unless otherwise specified in the Invitation, shall be in accordance with Australian Standards where such exist. Where an Australian Standard does not exist, relevant International Organisation Standardisation (ISO) standards shall apply where such exist.

15.1 Offerers warrant that they hold and will continue to hold all requisite licenses, permits, permissions and/or authorities necessary for the provision of the Goods or Services and further that they will comply at all times with the relevant legislative, statuory or government requirements, including any appropriate Standards, governing the provision of the Goods or Services.

15.2 Offerers acknowledge that the warrant provided above is an essential term of any Contract/Agreement entered into pursuant to an Invitation, and failure to comply with which gives rise to an immediate right in the Contract Authority to terminate the Contract/Arrangement.

16.1 The Queensland Police Service will only select a particular Good or Service if the quality is consistent over time and if the supply and service is reliable.

16.2 Offerers supplying manufactured Goods to the Queensland Police Service are required to meet the specified level of Quality Assurance or industry Standard as specified in the Invitation.

17.1 Generally Offer deposits are not required.

17.2 If an Offer deposit or security deposit is required from an Offerer it shall be in the amount and form specified in the Invitation.

17.3 The Queensland Police Service, at its sole discretion, reserves the right to levy charges to potential Offerers for copies of Invitation documents.

18.1 If the Offer is for on-site Services, it is the responsibility of Offerers to visit the site and satisfy themselves of local conditions and facilities at the site.

19.1 Offerers shall submit samples of the Goods offered if so directed in the Invitation document. Such samples shall be clearly labelled with Offerer's name and the Invitation number.

20.1 Offers submitted by a government owned corporation, local government, State or Commonwealth agency or authority must be priced to comply with the applicable competitive neutrality policy of their jurisdiction.

21.1 All payments and royalties payable in respect of any letter, patent, design, trade mark or name, copyright or other protected right, shall be included by the Offeror in their Offer.

22.1 Offers which contain alterations or erasures which have not been initialled or in which any details are not legible may not be considered by the Queensland Police Service.

23.1 Unless otherwise stated in the Invitation, every Offer shall:

23.1.1 be sealed,

23.1.2 be addressed to the Manager, Logistics, Queensland Police Service, 200 Roma Street, Brisbane, and

23.1.3 be endorsed on the bottom left hand corner on the front of the envelope with the Invitation Number, closing time and date.

24.1 Unless otherwise stated in the Invitation, Offers shall be lodged in the Offer/Tender Box located on the Ground Floor, Police Headquarters Building, 200 Roma Street, Brisbane before the time specified for the closing of Offers. The Queensland Police Service reserves the right not to accept any Offer not so lodged before the specified closing time. The Offerer may be required to produce to the Queensland Police Service satisfactory documentary evidence that such Offer:

24.1.1 was delivered to the office of the Queensland Police Service before the specified closing time; or

24.1.2 was despatched to the office of the Queensland Police Service via a third party in sufficient time before the specified closing time to reach that office under normal circumstances but was still in the course of delivery at the specified closing time.

24.2 The Queensland Police Service may consider an Offer received after the closing date in circumstances where there has been no possibility of the integrity of the Offer process being compromised. Such consideration is contingent upon the approval of the Manager, Procurement and Contracts Section at his/her absolute discretion.

24.3 Offers transmitted by facsimile or e-mail will not be accepted unless the Invitation so states.

25.1 Estimated annual requirements as detailed in the Invitation are estimates only and the Queensland Police Service accepts no responsibility for their accuracy.

26.1 The Queensland Police Service will provide prospective Offerers with any amendments or additional information in relation to the Invitation document within a reasonable time before the closing date.

27.1 Offers shall close and shall be opened in accordance with these Conditions at the office of the Queensland Police Service, Brisbane on the day, date and time shown in the Invitation.

27.2 Offers will not be opened publicly unless the Invitation so states.

27.3 The Queensland Police Service reserves the right to alter the closing date nominated in the Invitation. If the closing date is altered, written notice will be provided to all prospective Offerers.

28.1 Verbal advice or information given or obtained in respect of the Invitation shall not constitute a warranty or a representation to the Offerer or prospective Offerer and shall not be binding on Queensland Police Service. The Queensland Police Service shall be bound only by advice or information furnished to the Offerer in writing by the Contract Authority, or by the Procurement Delegate nominated in the Invitation document.

29.1 Any Offer which does not comply in every respect with the requirements of the Invitation may be rejected.

30.1 The Queensland Police Service shall reserve the right to accept an Offer with minor departures from the specified requirements, where after taking all factors into consideration it is deemed this Offer provides the best value for money solution.

31.1 Unless otherwise stated in the Invitation, the Queensland Police Service reserves the right to conduct post offer negotiations with any or all Offerers.

32.1 On the release of an Invitation, any previous undertakings, representations, promises or conditions in respect of the subject matter of that Invitation shall not be binding on the Queensland Police Service.

33.1 Following the release of the Invitation, all enquiries must be made in writing through the Procurement Delegate. Offerers should note that the Procurement Delegate is the only point of contact for the respective Invitation.

34.1 This Invitation process is not intended to give rise to any legal or equitable relations between the Queensland Police Service and an Offerer, until the Offerer has received a letter of acceptance and / or Purchase Order, in which case legal relations only exist between the Queensland Police Service and the successful Offerer.

34.2 The Queensland Police Service may cancel, vary, supplement or supersede this Invitation process at any time, whether before or after the closing date.

34.3 No Offerer shall be entitled to claim compensation or loss from the Queensland Police Service for any matter arising out of the Invitation process.

35.1 An Offerer warrants that they:

35.1.1 have read the Invitation and any associated documents;

35.1.2 understand the documents referred to in paragraph 36.1.1; and

35.1.3 are satisfied that the information in the documents referred to in paragraph 36.1.1 is correct and contains sufficient details to make the Offer.

35.2 In Offerer acknowledges that the Queensland Police Service will rely on the representations and warranties made in an Offer and no variations shall be made to an Offer except in the manner herein provided.

36.1 The Queensland Police Service reserves the right not to accept an Offer if the Offerer (or a representative of the Offerer), gives or offers anything to any representative of the Queensland Police Service (or their agent) as an inducement or reward which could in any way tend to influence the person's actions in relation to the Offer.

36.2 For the purposes of this clause, "agent" includes the parent, spouse, child or associate of the Queensland Police Service representative.

37.1 No Offer shall be deemed to be accepted by the Queensland Police Service until a letter of acceptance and / or Purchase Order has been received by the successful Offerer.

37.2 The Queensland Police Service reserves the right to accept the whole or part of any Offer. The Queensland Police Service may elect not to accept any Offer.

37.3 Verbal advice will not constitute acceptance of an Offer.

38.1 Unsuccessful Offerers shall be formally notified in writing that they have been unsuccessful.

39.1 The successful Offerer will not make public announcements or advertisements in any medium in relation to the awarding of any Arrangement or Contract entered into pursuant to the Invitation, without the prior written approval of the Queensland Police Service.

40.1 Offerers are advised that information provided in Offers may be subject to disclosure resulting from an application made by any party under the Freedom of Information Act 1992.

If Offers are invited for an Arrangement -

41.1 The Contractor shall carry sufficient stocks of Goods to meet the anticipated demand during the currency of the Arrangement.

41.2 The Queensland Police Service shall not be under any legal obligation to purchase any specific quantity of the Goods and or Services offered, and the successful Offerer shall be bound to supply the quantity ordered from time to time during the currency of the Arrangement. The Queensland Police Service may give consideration to assisting the successful Offerer to dispose of reasonable stocks of otherwise unsaleable Goods at the expiration of the Arrangement either by extending the Arrangement or other method as determined appropriate by the Queensland Police Service.

41.3 Notwithstanding any Arrangement that may be established, the Queensland Police Service reserves the right to enter into separate special purpose Contracts with other Contractors.

41.4 The Queensland Police Service shall issue a separate Purchase Order to the Contractor on a needs basis (or other mutually agreeable basis). Each separate Purchase Order shall form a separate Contract.

41.5 The Queensland Police Service reserves the right to negotiate with the Contractor in relation to bulk quantities of any particular Goods and or Services. Alternatively, the Queensland Police Service reserves the right to invite competitive Offers for such bulk quantities.

41.6 Where prices are fixed by a statutory body, prices shall be applicable from the date fixed by that body.

41.7 The Contractor shall advise the Queensland Police Service of reductions in prices due to reductions in duty, or currency exchange rate, or price factor fluctuations.

THESE CONDITIONS SHOULD BE RETAINED FOR FUTURE REFERENCE