Appendix 1 DAA BC RFP.pdf

link to page 19 link to page 5 link to page 8 link to page 3

SECTION 1: Introduction

1.1  Context
a.  This Request for Proposal (RFP) is an invitation to suitably qualified suppliers to
submit a Proposal to develop a Business Case that will inform decisions on the

possible establishment of a Digital Arts and Cultural Agency for Aotearoa.
b.  This is a single stage RFP procurement process.
c.  Words and phrases that have a special meaning are shown by the use of capitals
e.g., Respondent, which means ‘a person, organisation, business or other entity
that submits a Proposal in response to the RFP. The term Respondent includes its
officers, employees, contractors, consultants, agents, and representatives. The term
Respondent differs from a supplier, which is any other business in the marketplace
that does not submit a Proposal.’. Definitions are at the end of Section 6.
1.2  Our timeline
a.  Here is our timeline for this RFP.

Steps in RFP process:
Date:
Deadline for initial Questions from suppliers:

18 06 21
Deadline for the Buyer to answer suppliers’ initial questions:
22 06 21
Deadline for further/final Questions from suppliers:
                 02 07 21
Deadline for the Buyer to answer suppliers’ final questions

06 07 21
Deadline for Proposals:
   4pm Friday 09 07 21
Contract award and commences                                                           06 08 21
Unsuccessful Respondents notified of award of Contract:
09 08 21
Respondents debriefs                                                                        11/12 08 21
b.  All dates and times are dates and times in New Zealand.
1.3  How to contact us
a.  All enquiries must be directed to our Point of Contact. We will manage all external
communications through this Point of Contact.

b. Our Point of Contact
  Name: Philip Crampton
  Title/role: Project Manager, Digital Capability Initiative
  Email address: philip.crampton@creativenz.govt.nz
1.4  Developing and submitting your Proposal
a.  This is a competitive process. The RFP sets out the step-by-step process and
conditions that apply.

b. Take time to read and understand the RFP. In particular:
i.  develop a strong understanding of our Requirements detailed in Section 2.
ii.  in structuring your Proposal consider how it will be evaluated. Section 3
describes our Evaluation Approach.
c.  For resources on tendering visit www.procurement.govt.nz/suppliers.
d. If anything is unclear or you have a question, ask us to explain. Please do so before
the Deadline for Questions. Email our Point of Contact.

link to page 12

e.  In submitting your Proposal, you must use the Response Form provided.  This is a
Microsoft Word document that you can download.
f.  You must also complete and sign the declaration at the end of the Response Form.
g.  Check you have provided all information requested, and in the format and order
asked for.
h. Submit your Proposal to us before the Deadline for Proposals.
1.5  Address for submitting your Proposal.
Proposals must be submitted by email to the following address:

  [email address]
1.6  Our RFP Process, Terms and Conditions
a.  Offer Validity Period: In submitting a Proposal the Respondent agrees that their
offer will remain open for acceptance by the Buyer for three calendar months from

the Deadline for Proposals.
b. The RFP is subject to the RFP Process, Terms and Conditions (shortened to RFP-
Terms) described in Section 6.
1.7  Later changes to the RFP or RFP process
a.  If, after publishing the RFP, we need to change anything about the RFP, or RFP
process, or want to provide suppliers with additional information we will let all

suppliers know by placing a notice on the Government Electronic Tenders Service
(GETS) at www.gets.govt.nz
b. [If you downloaded the RFP from GETS you will automatically be sent notifications
of any changes through GETS by email.]
Page 4 of 27

SECTION 2: About us
Creative New Zealand is Aotearoa’s national arts development agency. We encourage, promote and
support the arts for the benefit of all New Zealanders. Our vision is dynamic and resilient New Zealand arts
valued in Aotearoa and internationally.
Creative New Zealand was established under legislation (2014) that required it to:
•  recognise the cultural diversity of the people of New Zealand; and
•  recognise in the arts the role of Māori as tangata whenua; and
•  recognise the arts of the Pacific Island peoples of New Zealand.
For more about us see:   https://www.creativenz.govt.nz/
SECTION 3: Opportunity for an Agency
Background
Digital technology impacts all aspects of our arts and cultural sector and is rapidly evolving and developing.
The recent COVID – 19 pandemic has highlighted the need for the sector to respond effectively to the
challenges of the current environment and take advantage of the opportunities presented by technology,
so that our artists and arts organisations can be more dynamic and resilient.
In October 2020, the Council of Creative New Zealand adopted a Digital Framework.  The overarching
objective for CNZ in relation to digital technologies is:
To ensure the arts sector is positioned to maximise the opportunities associated with digital
technologies, for the benefit of the sector and all New Zealanders, in a way that recognises Aotearoa
New Zealand’s unique cultural context.
The areas of focus under the Digital Framework are:
•  Digital creation
•  Digital distribution
•  Digital access
•  Digital resilience.
Appendix 1 to the Draft Digital Framework is attached to this RFP.
The Draft Digital Framework is linked to CNZ’s strategic outcomes and the features set out in the
Investment Strategy Te Ara Whakamua 2018–2023. It is also strongly aligned with existing and planned
work under Te Hā o ngā Toi—Māori Arts Strategy 2019–2024 and the Pacific Arts Strategy 2018–2023.
The updated Te Hā o ngā Toi—Māori Arts Strategy Implementation Plan includes, under the Advance ngā
Toi Māori practice development focus area, an action to support digital skills development.
The Pacific Arts Strategy Phase 2 Response Plan includes carrying forward the #DigitalMoana Initiative (a
direct response to COVID-19) and nine actions delivering to the Strategy’s Va pou (An innovative and
networked Pacific arts environment exists, so that Pacific arts are strengthened for future success).
The CNZ Statement of Intent 2019–2029 identifies four perspectives by which the public value generated
by CNZ may be enhanced. Establishment of the Digital Agency will utilise CNZ resources (Creative New
Zealand perspective) to engage with stakeholders in the arts sector on how sector resilience may be
improved, and its potential more fully realised by taking full advantage of opportunities offered by the
digital world (Sector Perspective). A Digital Agency focussing on these opportunities will delivery tangible
outputs and increase the value we create (Outcomes and value perspective). In turn this will enhance our
standing in the external environment (Mana and support perspective).
Page 5 of 27

Subsequent to approving the Draft Digital Framework the Council agreed that management should proceed
with the development of a Business Case to support the establishment of a new Digital Arts and Cultural
Agency.
The Agency – concept
The Agency will be a Treaty honouring organisation guided by Māori values. Cultural and creative practices
from Aotearoa and the wider Pacific, including an understanding of mātauranga, whakapapa, connection
with communities and mana tuku iho (identity and belonging), are valued and acknowledged for the
contribution they make to our wellbeing (social, cultural, environmental and economic).
It is envisaged that Agency will be a small, agile, independent, national organisation that:
•  provides services to artists and arts organisations in Aotearoa, consistent with CNZ’s Digital Framework
and in line with current objectives to increase the arts sector’s digital capability; and
•  enables the work of our arts and cultural practitioners to be more accessible to wider local and
international audiences, including engaging with people with disabilities.
The Agency could provide the following types of services consistent with the focus areas of creation,
distribution, access and resilience:
•  assist arts organisations and artists to engage new audiences and new platforms for digital content.
•  commission digital content/art across multiple platforms and provide immersive or interactive
experiences.
•  provide training or skill development in terms of digital engagement including e-commerce platforms,
digital rights, digital safety and IP, including preservation and protection of Mātauranga Māori.
•  broker partnerships and networks across industries nationally and globally to develop or realise a
project.
•  ensure that digital content is available to the broadest range of New Zealanders to ensure content can
be accessed by those with disabilities and reach communities of high users, for example young Pasifika
artist/arts organisations
A precedent for such an Agency exists in the UK (see https://www.thespace.org/who-we-are) .

SECTION 4: Our Requirements
What we require
We require an author to develop a Business Case that will enable our Council and other possible
stakeholders to make very well-informed decision about investing in the establishment and operation of
the Digital Arts and Cultural agency.
The Business Case is expected to include the following components:
a)  Industry research and benchmarking – a snapshot of the current digital capability needs of
Aotearoa’s arts organisations and audiences, analysis of current international and national services
and models.
b)  Strategic purpose and outcomes – scope and mandate; target audiences and users; alignment
with Creative New Zealand’s public value model and strategies; proposed success measures and
evaluation framework.
c)  Service model – segment, target and prioritise services based on needs analysis and current
providers using the Digital Framework (eg, creation, distribution, access and resilience).
d)  Operating model – scalable options for governing and managing the service delivery including
potential revenue streams and risk-share models.
Page 6 of 27

e)  Investment and partnership plan – including the commitment from key stakeholder- investors
that Creative New Zealand has secured (or may need to secure for viability/sustainability).
f)  Feasibility of options – risk and benefit analysis of costed options with a recommended option
based on rationale. Note, options should include scale-ability to reflect the investment plan for
example, a pilot/commissioning specific services where resources are limited.
In developing the Business Case we expect that the author will:
•  engage with key industry organisations and practitioners, as agreed, within the creative industries
sector and technological/digital sector.
•  examine solutions to digital capability development in the arts and culture and other sectors
nationally and globally.
•  consider how current providers of similar services operate in a viable and sustainable way.
•  acknowledge and give effect to Te Ao Māori and Kaupapa Pasifika.
Our Project Manager for the Digital Capability Initiative will actively guide and assist the selected Business
Case author throughout the term of the contract.
We have budget approval for up to $100,000 excl. GST for the development of this Business Case.
What we don’t want
The following are out of scope for this procurement:
•  procuring and appointing a party to operate an Agency.
•  revising the Draft Digital Framework.
Why should you bid?
This is a unique opportunity to make a material contribution to the resilience of the arts communities of
Aotearoa and thereby to contribute to the wider wellbeing of our society.
Questions
You may seek clarification to our requirement by submitting questions to [email address]
The final date for submission of any questions is 2 July 2021.
We will release answers to all questions we receive in two batches on 22 June and 6 July.
Contract term
We expect to the Contract will commence in July 2021 and end in December 2021.
Key deliverables
The key Contract actions and deliverables are:
Description
Expected
date
1.  Initiation meeting with successful Respondent
10 August
2.  First meeting with Reference Group and Stakeholder reps
16 August
3.  Deliverable: Test early findings with Reference Group, Stakeholder reps and
10 September
Sponsoring Manager
4.  Deliverable: First Draft Business Case presented to Reference Group, Stakeholder reps
24 September
and Sponsoring Manager
Page 7 of 27

5.  Deliverable: Final Business Case submitted to CNZ
1 October
6.  Deliverable: final power point presentation to CNZ
13 October
7.  Presentation of Business Case to Council (to be confirmed)
20 October
8.
Oct to Dec
  Presentation of the Business Case to up to 4 other key stakeholder – investors (as
required)
Other relevant documents
In addition to this RFP please refer to the following documents.
a.
Te Hā o ngā Toi (see Te Hā o ngā Toi—Māori Arts Strategy 2019–2024
b.
Pacific Arts Strategy 2018 to 2013 (see https://www.creativenz.govt.nz/about-creative-new-
zealand/corporate-documents/creative-new-zealand-pacific-arts-strategy-2018-2023)
c.
Investment Strategy Investment Strategy Te Ara Whakamua 2018–2023
SECTION 5: Your Proposal
Proposal Template
Accompanying this RFP is a Proposal Template in MS Word format. You should develop and submit your
Proposal using this template.
Re conditions
We wish to receive a small number of high-quality Proposals from suitable experienced Respondents.
For that reason, we will strictly apply the seven Pre-conditions set in Section 5a below.
If you are unable to meet all our pre-conditions, it is unlikely that you will benefit from submitting a
Proposal.
Pricing information to be provided by Respondents.
We have budget approval for up to $100,000 excl. GST for the development of the Business Case.
In submitting your price, please ensure that you:
a.
use the pricing table provided.
b.
document all assumptions and qualifications you make about the delivery of the Requirements,
including in the financial pricing information. Any assumption that Creative New Zealand or a third
party will incur any cost related to the delivery of the Requirements is to be stated, and the cost
estimated if possible.
c.
consider all risks, contingencies and other circumstances relating to the delivery of the Requirements
and include adequate provision in your Proposal and pricing information to enable you to manage
such risks and contingencies.
d.
price in NZ$.
Where you lodge a joint venture or consortium Proposal your pricing schedule must include all costs, fees,
expenses and charges chargeable by all parties to your joint venture or consortium.

Page 8 of 27

SECTION 5a: Evaluating your Proposal.
Evaluation model
Our evaluation and selection model will comprise the following steps.
1.
Test against compliance with the Precondition as shown in below.
2.
Evaluate the quality attributes of compliant Proposal as shown below.
3.
Rank Proposals in order of weighted score for quality attributes
4.
Select the Proposal with the highest ranked quality score that is affordable to Creative New Zealand
as the Preferred Proposal/Respondent
5.
Negotiate with the Preferred Respondent, with the intention of agreeing and signing a Contract.
Pre-conditions
We wish to receive a small number of high-quality proposals from suitable experienced Respondents. For
that reason, we will apply the six Pre- conditions set out below.
If your proposals fail to meet one or more Pre- condition it will most likely be eliminated from further
consideration.
Therefore, if you are unable to meet all our pre-conditions it is unlikely that you will benefit from
submitting a Proposal.
#
Pre-condition
1.
The Proposal is received on or before the Deadline
2.
The Proposal is complete in all material respects
3.
The Respondent warrants that it has substantial recent experience in the arts and/or creative
industries
4.  The Respondent warrants that it has substantial knowledge of Te Ao Māori and experience
engaging with Māori as tangatawhenua
5.  The Respondent warrants that it has the capability to develop a Business Case that will reflect
that the proposed Agency will be a Treaty - honouring organisation guided by Māori values
6.  The Respondent warrants that it has the capability to develop a Business Case that will reflect
that the proposed Agency will recognise and give effect to Kaupapa Pasifika.
7.  The Respondent warrants that it has the capacity to deliver the Business Case within the
available time
Evaluation criteria
Proposals which meet all pre-conditions will be evaluated on their merits according to the following
evaluation criteria and weightings.
1.
Core Capabilities                                                                                       (60%)
1.1.  Knowledge and experience in the Arts and/or Creative industries sectors
20
1.2.  Knowledge of Te Ao Māori and experience engaging with Māori as tangatawhenua
15
1.3.  Knowledge of Kaupapa Pasifika
5
Page 9 of 27

1.4.  Knowledge and experience of the public sector, in particular government agencies
10
and Te Tiriti o Waitangi
1.5.  Experience in the development of a relevant/comparable Business Case, including
10
technical skills regarding organisational and business models
2.  Approach and Methodology to Business Case Development
40%
2.1.  Understanding of our Requirements
10
2.2.  Understanding of Opportunities, Threats and Risks
10
2.3.  Approach to Engagement
5
2.4.  Approach to market research/environmental scan
10
2.5.  Development Plan and Timeline
5
Total
100%
Scoring
We will use the following scoring scale in evaluating Proposals.
Scores by individual panel members will be superseded by a consensus score through a moderation
process that will involve the whole of our evaluation panel.
Rating
Definition
Score
EXCELLENT
Exceeds the criterion. Exceptional demonstration by the
significantly exceeds
Respondent of the relevant ability, understanding, experience,
the criterion
skills, resource and quality measures required to meet the
9-10
criterion. Proposal identifies factors that will offer potential
added value, with supporting evidence.
GOOD
Satisfies the criterion with minor additional benefits. Above
exceeds the criterion  average demonstration by the Respondent of the relevant ability,
in some aspects
understanding, experience, skills, resource and quality measures
7-8
required to meet the criterion. Proposal identifies factors that
will offer potential added value, with supporting evidence.
ACCEPTABLE
Satisfies the criterion. Demonstration by the Respondent of the
meets the criterion
relevant ability, understanding, experience, skills, resource, and
5-6
in full, but at a
quality measures required to meet the criterion, with supporting
minimal level
evidence.
MINOR
Satisfies the criterion with minor reservations. Some minor
RESERVATIONS
reservations of the Respondent’s relevant ability, understanding,
3-4
marginally deficient
experience, skills, resource and quality measures required to
meet the criterion, with little or no supporting evidence.
SERIOUS
Satisfies the criterion with major reservations. Considerable
RESERVATIONS
reservations of the respondent’s relevant ability, understanding,
significant issues
experience, skills, resource and quality measures required to
1-2
that need to be
meet the criterion, with little or no supporting evidence.
addressed
UNACCEPTABLE
Does not meet the criterion. Does not comply and/or insufficient
significant issues not
information provided to demonstrate that the Respondent has
0
capable of being
the ability, understanding, experience, skills, resource and quality
resolved
Page 10 of 27

measures required to meet the criterion, with little or no
supporting evidence.
Price
We wish to obtain the best value-for-money over the whole-of-life of the Contract. This means achieving
the right combination of fit for purpose, quality, on time delivery, quantity and price.
If a Respondent offers a price that is substantially lower than other Proposals (an abnormally low bid), the
Buyer may seek to verify with the Respondent that the Respondent is capable of fully delivering all of the
Requirements and meeting all of the conditions of the Proposed Contract for the price quoted.
Due diligence
In addition to the above, we will at our discretion undertake the following additional steps in relation to
you/your Proposal.
a.
undertake reference check on your organisation and named personnel.
b.
interview you.
c.
request that you make a presentation.
d.
undertake other checks that we consider appropriate.
The findings will be taken into account in our evaluation process.
SECTION 5b: Our Proposed Contract
We will utilise GMC Form 2 non-Crown Services (3rd Edition) sourced from Procurement.govt to document
our agreement with the successful Respondent.
A draft of that Proposed Contract is included as Attachment 2 to this RFP.
Note that under the terms of the Contract:
a.  We will make payments by the 20th of the month following delivery of the services.
b.  The amount and timing of each payment making up the total price will be nominated by you in your
Proposal, subject to negotiation with us.
c.  All new Intellectual Property arising from the Contract will be the property of Creative New Zealand.
In submitting your Proposal, you must let us know if you wish to question and/or negotiate any of the
terms or conditions in the Proposed Contract or wish to negotiate new terms and/or conditions.
Our Response Form contains a section for you to state your position.
If you do not state your position, you will be deemed to have accepted the terms and conditions in the
Proposed Contract in full.

Page 11 of 27

link to page 4 link to page 19 link to page 3

SECTION 6: RFP Process, Terms and Conditions

Note to suppliers and Respondents
1. In managing this procurement the Buyer will endeavour to act fairly and reasonably in all of its dealings
with interested suppliers and Respondents, and to follow due process which is open and transparent.
2. This section contains the government’s standard RFP Process, Terms and Conditions (shortened to RFP-
Terms) which apply to this procurement. Any variation to the RFP-Terms will be recorded in Section 1,
paragraph 1.6. Check to see if any changes have been made for this RFP.
3. Words and phrases that have a special meaning are shown by the use of capitals e.g. Respondent,
which means ‘a person, organisation, business or other entity that submits a Proposal in response to the
RFP. The term Respondent includes its officers, employees, contractors, consultants, agents and
representatives. The term Respondent differs from a supplier, which is any other business in the market
place that does not submit a Proposal.’ Definitions are at the end of this section.
4. If you have any questions about the RFP-Terms please email our Point of Contact.
Standard RFP process

Preparing and submitting a proposal
o  Preparing a Proposal
a.  Respondents are to use the Response Form provided and include all information

requested by the Buyer in relation to the RFP.

b.  By submitting a Proposal the Respondent accepts that it is bound by the RFP Process,
Terms and Conditions (RFP-Terms) contained in Section 6 (as varied by Section1,

paragraph 1.6, if applicable).

c.  Each Respondent will:

•

  examine the RFP and any documents referenced in the RFP and any other information

provided by the Buyer

•

  consider all risks, contingencies and other circumstances relating to the delivery of the

Requirements and include adequate provision in its Proposal to manage such risks and

contingencies

•

  document in its Proposal all assumptions and qualifications made about the delivery of

the Requirements, including any assumption that the Buyer or a third party will deliver

any aspect of the Requirements or incur any cost related to the delivery of the

Requirements

•

  ensure that pricing information is quoted in NZ$ exclusive of GST

•  if appropriate, obtain independent advice before submitting a Proposal

•

  satisfy itself as to the correctness and sufficiency of its Proposal, including the

proposed pricing and the sustainability of the pricing.

d.  There is no expectation or obligation for Respondents to submit Proposals in response to

the RFP solely to remain on any prequalified or registered supplier list. Any Respondent on

such a list will not be penalised for failure to submit a Proposal.

Page 12 of 27

o
Offer Validity Period

9.  Proposals are to remain valid and open for acceptance by the Buyer for the Offer Validity

Period.

o
Respondents’ Deadline for Questions

g)  Each Respondent should satisfy itself as to the interpretation of the RFP. If there is any
perceived ambiguity or uncertainty in the RFP document/s Respondents should seek

clarification before the Deadline for Questions.
h) All requests for clarification must be made by email to the Buyer’s Point of Contact. The
Buyer will endeavour to respond to requests in a timely manner, but not later than the

deadline for the Buyer to answer Respondents’ questions in Section 1, paragraph 1.2.a, if
applicable.

i)  If the Buyer considers a request to be of sufficient importance to all Respondents it may
provide details of the question and answer to other Respondents. In doing so the Buyer
may summarise the Respondent’s question and will not disclose the Respondent’s

identity. The question and answer may be posted on GETS and/or emailed to participating

Respondents. A Respondent may withdraw a request at any time.

j)  In submitting a request for clarification a Respondent is to indicate, in its request, any

information that is commercially sensitive. The Buyer will not publish such commercially

sensitive information. However, the Buyer may modify a request to eliminate such

commercially sensitive information, and publish this and the answer where the Buyer

considers it of general significance to all Respondents. In this case, however, the

Respondent will be given an opportunity to withdraw the request or remove the

commercially sensitive information.

o
Submitting a Proposal
6  Each Respondent is responsible for ensuring that its Proposal is received by the Buyer at

the correct address on or before the Deadline for Proposals. The Buyer will acknowledge
receipt of each Proposal.

7  The Buyer intends to rely on the Respondent’s Proposal and all information provided by

the Respondent (e.g. correspondence and negotiations). In submitting a Proposal and
communicating with the Buyer each Respondent should check that all information it

provides to the Buyer is:

i.  true, accurate and complete, and not misleading in any material respect

ii.  does not contain Intellectual Property that will breach a third party’s rights.

8  Where the Buyer requires the Proposal to be delivered in hard and soft copies, the

Respondent is responsible for ensuring that both the hard and soft copies are identical.

9  Where the Buyer stipulates a two envelope RFP process the following applies:

•

  each Respondent must ensure that all financial information and pricing components of

its Proposal are provided separately from the remainder of its Proposal

•

  financial information and pricing must be contained either in a separate sealed

envelope or as a separate soft copy file (whichever option has be requested by the

Buyer)

•

  the pricing information must be clearly marked ‘Financial and Pricing Information.’ This

is to ensure that the pricing information cannot be viewed when the package

containing the other elements of the Proposal is opened.

Assessing Proposals

Page 13 of 27

o
Evaluation panel
a.  The Buyer will convene an evaluation panel comprising members chosen for their relevant

expertise and experience. In addition, the Buyer may invite independent advisors to

evaluate any Proposal, or any aspect of any Proposal.

o
Third party information

i.  Each Respondent authorises the Buyer 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.

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

provide a reference.

iii. To facilitate discussions between the Buyer 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.

o
Buyer’s clarification

i.  The Buyer may, at any time, request from any Respondent clarification of its Proposal as

well as additional information about any aspect of its Proposal. The Buyer is not required

to request the same clarification or information from each Respondent.

ii.  The Respondent must provide the clarification or additional information in the format

requested. Respondents will endeavour to respond to requests in a timely manner. The

Buyer may take such clarification or additional information into account in evaluating the

Proposal.

iii. Where a Respondent fails to respond adequately or within a reasonable time to a request
for clarification or additional information, the Buyer may cease evaluating the
Respondent’s Proposal and may eliminate the Proposal from the RFP process.

o
Evaluation and shortlisting

1.  The Buyer will base its initial evaluation on the Proposals submitted in response to the

RFP. The Buyer may adjust its evaluation of a Proposal following consideration of any

clarification or additional information as described in paragraphs 6.6 and 6.7.
2.  In deciding which Respondent/s to shortlist the Buyer will take into account the results of

the evaluations of each Proposal and the following additional information:

3.  each Respondent’s understanding of the Requirements, capability to fully deliver the

Requirements and willingness to meet the terms and conditions of the Proposed

Contract

4.  except where the price is the only criterion, the best value-for-money over the whole-

of-life of the goods or services.

3.  In deciding which Respondent/s, to shortlist the Buyer may take into account any of the

following additional information:

1.  the results from reference checks, site visits, product testing and any other due

diligence

2.  the ease of contracting with a Respondent based on that Respondent’s feedback on the

Proposed Contract (where these do not form part of the weighted criteria)

3.  any matter that materially impacts on the Buyer’s trust and confidence in the

Respondent

4.  any other relevant information that the Buyer may have in its possession.

5.  The Buyer will advise Respondents if they have been shortlisted or not. Being shortlisted

does not constitute acceptance by the Buyer of the Respondent’s Proposal, or imply or

create any obligation on the Buyer to enter into negotiations with, or award a Contract for

Page 14 of 27

delivery of the Requirements to any shortlisted Respondent/s. At this stage in the RFP
process the Buyer will not make public the names of the shortlisted Respondents.

o
Negotiations

i.  The Buyer may invite a Respondent to enter into negotiations with a view to contract.

Where the outcome is unsatisfactory the Buyer may discontinue negotiations with a
Respondent and may then initiate negotiations with another Respondent.

ii.  The Buyer may initiate concurrent negotiations with more than one Respondent. In

concurrent negotiations the Buyer will treat each Respondent fairly, and:

•  prepare a negotiation plan for each negotiation

•  advise each Respondent, that it wishes to negotiate with, that concurrent negotiations

will be carried out

•

  hold separate negotiation meetings with each Respondent.

iii. Each Respondent agrees that any legally binding contract entered into between the
Successful Respondent and the Buyer will be essentially in the form set out in Section 5,
the Proposed Contract.

o
Respondent’s debrief

a.  At any time after shortlisting Respondents the Buyer will offer all Respondents who have

not been shortlisted a debrief. Each Respondent will have 30 Business Days, from the date

of offer, to request a debrief. When a Respondent requests a debrief, the Buyer will

provide the debrief within 30 Business Days of the date of the request, or of the date the
Contract is signed, whichever is later.

b.  The debrief may be provided by letter, email, phone or at a meeting. The debrief will:

1.  provide the reasons why the Proposal was or was not successful

2.  explain how the Proposal performed against the pre-conditions (if applicable) and the

evaluation criteria

3.  indicate the Proposal’s relative strengths and weaknesses

4.  explain, in general terms, the relative advantage/s of the successful Proposal
5.  seek to address any concerns or questions from the Respondent
6.  seek feedback from the Respondent on the RFP and the RFP process.

o
Notification of outcome

i.  At any point after conclusion of negotiations, but no later than 30 Business Days after the

date the Contract is signed, the Buyer will inform all unsuccessful Respondents of the
name of the Successful Respondent, if any. The Buyer may make public the name of the
Successful Respondent and any unsuccessful Respondent. Where applicable, the Buyer will
publish a Contract Award Notice on GETS.

o
Issues and complaints

a.  A Respondent may, in good faith, raise with the Buyer any issue or complaint about the

RFP, or the RFP process at any time.

b.  The Buyer will consider and respond promptly and impartially to the Respondent’s issue or

complaint.

c.  Both the Buyer and Respondent agree to act in good faith and use their best endeavours

to resolve any issue or complaint that may arise in relation to the RFP.

d.  The fact that a Respondent has raised an issue or complaint is not to be used by the Buyer
to unfairly prejudice the Respondent’s ongoing participation in the RFP process or future
contract opportunities.

Standard RFP conditions

Page 15 of 27

o
Buyer’s Point of Contact
a.  All enquiries regarding the RFP must be directed by email to the Buyer’s Point of Contact.
Respondents must not directly or indirectly approach any representative of the Buyer, or

any other person, to solicit information concerning any aspect of the RFP.

b.  Only the Point of Contact, and any authorised person of the Buyer, are authorised to

communicate with Respondents regarding any aspect of the RFP. The Buyer will not be
bound by any statement made by any other person.

c.  The Buyer may change the Point of Contact at any time. The Buyer will notify Respondents

of any such change. This notification may be posted on GETS or sent by email.
d.  Where a Respondent has an existing contract with the Buyer then business as usual

communications, for the purpose of managing delivery of that contract, will continue using

the usual contacts. Respondents must not use business as usual contacts to lobby the Buyer,
solicit information or discuss aspects of the RFP.

o
Conflict of Interest

a.  Each Respondent must complete the Conflict of Interest declaration in the Response Form

and must immediately inform the Buyer should a Conflict of Interest arise during the RFP
process. A material Conflict of Interest may result in the Respondent being disqualified

from participating further in the RFP.

o
Ethics

d.  Respondents must not attempt to influence or provide any form of personal inducement,
reward or benefit to any representative of the Buyer in relation to the RFP.

e.  A Respondent who attempts to do anything prohibited by paragraphs 6.13.a. and d. and

6.15.a. may be disqualified from participating further in the RFP process.
f.  The Buyer reserves the right to require additional declarations, or other evidence from a

Respondent, or any other person, throughout the RFP process to ensure probity of the RFP

process.
o
Anti-collusion and bid rigging

i.  Respondents must not engage in collusive, deceptive or improper conduct in the

preparation of their Proposals or other submissions or in any discussions or negotiations

with the Buyer. Such behaviour will result in the Respondent being disqualified from
participating further in the RFP process. In submitting a Proposal the Respondent warrants

that its Proposal has not been prepared in collusion with a Competitor.

ii.  The Buyer reserves the right, at its discretion, to report suspected collusive or anti-
competitive conduct by Respondents to the appropriate authority and to give that

authority all relevant information including a Respondent’s Proposal.

o
Confidential Information

i.  The Buyer and Respondent will each take reasonable steps to protect Confidential
Information and, subject to paragraph 6.17.c. and without limiting any confidentiality

undertaking agreed between them, will not disclose Confidential Information to a third
party without the other’s prior written consent.

ii.  The Buyer and Respondent may each disclose Confidential Information to any person who

is directly involved in the RFP process on its behalf, such as officers, employees,
consultants, contractors, professional advisors, evaluation panel members, partners,

principals or directors, but only for the purpose of participating in the RFP.

iii. Respondents acknowledge that the Buyer’s obligations under paragraph 6.17.a. are
subject to requirements imposed by the Official Information Act 1982 (OIA), the Privacy

Act 1993, parliamentary and constitutional convention and any other obligations imposed

by law. The Buyer will not be in breach of its obligations if Confidential Information is
disclosed by the Buyer to the appropriate authority because of suspected collusive or anti-
Page 16 of 27

competitive tendering behaviour. Where the Buyer receives an OIA request that relates to
a Respondent’s Confidential Information the Buyer will consult with the Respondent and
may ask the Respondent to explain why the information is considered by the Respondent

to be confidential or commercially sensitive.

o
Confidentiality of RFP information

1.  For the duration of the RFP, to the date of the announcement of the Successful
Respondent, or the end of the RFP process, the Respondent agrees to keep the RFP strictly

confidential and not make any public statement to any third party in relation to any aspect

of the RFP, the RFP process or the award of any Contract without the Buyer’s prior written
consent.

2.  A Respondent may disclose RFP information to any person described in paragraph 6.17.b.

but only for the purpose of participating in the RFP. The Respondent must take reasonable
steps to ensure that such recipients do not disclose Confidential Information to any other

person or use Confidential Information for any purpose other than responding to the RFP.

o
Costs of participating in the RFP process

iii. Each Respondent will meet its own costs associated with the preparation and presentation
of its Proposal and any negotiations.

o
Ownership of documents

i.  The RFP and its contents remain the property of the Buyer. All Intellectual Property rights
in the RFP remain the property of the Buyer or its licensors. The Buyer may request the

immediate return or destruction of any or all RFP documents and any copies. Respondents

must comply with any such request in a timely manner.
ii.  All documents forming the Proposal will, when delivered to the Buyer, become the

property of the Buyer. Proposals will not be returned to Respondents at the end of the

RFP process.

iii. Ownership of Intellectual Property rights in the Proposal remain the property of the
Respondent or its licensors. However, the Respondent grants to the Buyer a non-exclusive,

non-transferable, perpetual licence to retain, use, copy and disclose information
contained in the Proposal for any purpose related to the RFP process.

o
No binding legal relations

a.  Neither the RFP, nor the RFP process, creates a process contract or any legal relationship

between the Buyer and any Respondent, except in respect of:
i.  the Respondent’s declaration in its Proposal

ii.  the Offer Validity Period

iii.  the Respondent’s statements, representations and/or warranties in its Proposal and in

its correspondence and negotiations with the Buyer
iv.  the Evaluation Approach to be used by the Buyer to assess Proposals as set out in

Section 3 and in the RFP-Terms (as varied by Section 1, paragraph 1.6, if applicable)

v.  the standard RFP conditions set out in paragraphs 6.13 to 6.26

vi.  any other matters expressly described as binding obligations in Section 1, paragraph
1.6.

b.  Each exception in paragraph 6.21.a. is subject only to the Buyer’s reserved rights in

paragraph 6.23.
c.  Except for the legal obligations set out in paragraph 6.21.a. no legal relationship is formed

between the Buyer and any Respondent unless and until a Contract is entered into

between those parties.

Page 17 of 27

o
Elimination
•  The Buyer may exclude a Respondent from participating in the RFP if the Buyer has

evidence of any of the following, and is considered by the Buyer to be material to the RFP:
•

the Respondent has failed to provide all information requested, or in the correct
format, or materially breached a term or condition of the RFP

•  the Proposal contains a material error, omission or inaccuracy

•  the Respondent is in bankruptcy, receivership or liquidation

•  the Respondent has made a false declaration
•  there is a serious performance issue in a historic or current contract delivered by the

Respondent

•  the Respondent has been convicted of a serious crime or offence

•  there is professional misconduct or an act or omission on the part of the Respondent
which adversely reflects on the integrity of the Respondent

•  the Respondent has failed to pay taxes, duties or other levies

•  the Respondent represents a threat to national security or the confidentiality of

sensitive government information
•  the Respondent is a person or organisation designated as a terrorist by New Zealand

Police.

o
Buyer’s additional rights

a.  Despite any other provision in the RFP the Buyer may, on giving due notice to
Respondents:

1.  amend, suspend, cancel and/or re-issue the RFP, or any part of the RFP

2.  make any material change to the RFP (including any change to the timeline,

Requirements or Evaluation Approach) on the condition that Respondents are given a
reasonable time within which to respond to the change.

b.  Despite any other provision in the RFP the Buyer may:

1.  accept a late Proposal if it is the Buyer’s fault that it is received late
2.  in exceptional circumstances, accept a late Proposal where it considers that there is

no material prejudice to other Respondents. The Buyer will not accept a late Proposal

if it considers that there is risk of collusion on the part of a Respondent, or the
Respondent may have knowledge of the content of any other Proposal

3.  in exceptional circumstances, answer a question submitted after the Deadline for

Questions, if applicable

4.  accept or reject any Proposal, or part of a Proposal
5.  accept or reject any non-compliant, non-conforming or alternative Proposal

6.  decide not to accept the lowest priced conforming Proposal unless this is stated as

the Evaluation Approach

7.  decide not to enter into a Contract with any Respondent
8.  liaise or negotiate with any Respondent without disclosing this to, or doing the same

with, any other Respondent

9.  provide or withhold from any Respondent information in relation to any question
arising in relation to the RFP. Information will usually only be withheld if it is deemed

unnecessary, is commercially sensitive to a Respondent, is inappropriate to supply at

the time of the request or cannot be released for legal reasons
10.  amend the Proposed Contract at any time, including during negotiations with a

shortlisted Respondent

Page 18 of 27

11.  waive irregularities or requirements in or during the RFP process where it considers it
appropriate and reasonable to do so.
c.  The Buyer may request that a Respondent/s agrees to the Buyer:

12.  selecting any individual element/s of the Requirements that is offered in a Proposal

and capable of being delivered separately, unless the Proposal specifically states that

the Proposal, or elements of the Proposal, are to be taken collectively
13.  selecting two or more Respondents to deliver the Requirements as a joint venture or

consortium.

o
New Zealand law

i.  The laws of New Zealand shall govern the RFP and each Respondent agrees to submit to
the exclusive jurisdiction of the New Zealand courts in respect of any dispute concerning

the RFP or the RFP process.

o
Disclaimer

c.  The Buyer 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.
d.  Nothing contained or implied in the RFP, or RFP process, or any other communication by
the Buyer to any Respondent shall be construed as legal, financial or other advice. The
Buyer has endeavoured to ensure the integrity of such information. However, it has not
been independently verified and may not be updated.
e.  To the extent that liability cannot be excluded, the maximum aggregate liability of the
Buyer, its agents and advisors is $1.
o
Precedence
1.  Any conflict or inconsistency in the RFP shall be resolved by giving precedence in the
following descending order:
1.  Section 1, paragraph 1.6
2.  Section 6 (RFP-Terms)
3.  all other Sections of this RFP document
4.  any additional information or document provided by the Buyer to Respondents
through the Buyer’s Point of Contact or GETS.
2.  If there is any conflict or inconsistency between information or documents having the
same level of precedence the later information or document will prevail.

Definitions
In relation to the RFP the following words and expressions have the meanings described below.
Advance Notice
A notice published by the buyer on GETS in advance of publishing the RFP. An
Advance Notice alerts the market to a contract opportunity. Where used, an Advance
Notice forms part of the RFP.
Business Day
Any week day in New Zealand, excluding Saturdays, Sundays, New Zealand (national)
public holidays and all days from Boxing Day up to and including the day after New
Year’s Day.
Buyer
The Buyer is the government agency that has issued the RFP with the intent of
purchasing the goods or services described in the Requirements. The term Buyer
includes its officers, employees, contractors, consultants, agents and representatives.
Page 19 of 27

Competitors
Any other business that is in competition with a Respondent either in relation to the
goods or services sought under the RFP or in general.
Confidential
Information that:
Information
•  is by its nature confidential
•  is marked by either the Buyer or a Respondent as ‘confidential’, ‘commercially
sensitive’, ‘sensitive’, ‘in confidence’, ‘top secret’, ‘secret’, classified’ and/or
‘restricted’
•  is provided by the Buyer, a Respondent, or a third party in confidence
•  the Buyer 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 Buyer or a Respondent.
Conflict of Interest
A Conflict of Interest arises if a Respondent’s personal or business interests or
obligations do, could, or be perceived to, conflict with its obligations to the Buyer
under the RFP or in the provision of the goods or services. It means that the
Respondent’s independence, objectivity or impartiality can be called into question. A
Conflict of Interest may be:
i.
actual: where the conflict currently exists
ii.
potential: where the conflict is about to happen or could happen, or
iii.
perceived: where other people may reasonably think that a person is
compromised.
Contract
The written Contract/s entered into by the Buyer and Successful Respondent/s for the
delivery of the Requirements.
Contract Award
Government Rules of Sourcing, Rule 45 requires a Buyer to publish a Contract Award
Notice
Notice on GETS when it has awarded a contract that is subject to the Rules.
Deadline for
The deadline that Proposals are to be delivered or submitted to the Buyer as stated in
Proposals
Section 1, paragraph 1.2.
Deadline for
The deadline for suppliers to submit questions to the Buyer as stated in Section 1,
Questions
paragraph 1.2, if applicable.
Evaluation Approach  The approach used by the Buyer to evaluate Proposals as described in Section 3 and in
Section 6 (as varied by Section 1, paragraph 1.6, if applicable).
GETS
Government Electronic Tenders Service available at www.gets.govt.nz
GST
The goods and services tax payable in accordance with the New Zealand Goods and
Services Tax Act 1985.
Intellectual Property   All intellectual property rights and interests, including copyright, trademarks, designs,
patents and other proprietary rights, recognised or protected by law.
Offer Validity Period  The period of time when a Proposal (offer) is held open by the Respondent for
acceptance by the Buyer as stated in Section 1, paragraph 1.6.
Point of Contact
The Buyer and each Respondent are required to appoint a Point of Contact. This is the
channel to be used for all communications during the RFP process. The Buyer’s Point
of Contact is identified in Section 1, paragraph 1.3. The Respondent’s Point of Contact
is identified in its Proposal.
Price
The total amount, including all costs, fees, expenses and charges, to be charged by the
Successful Respondent for the full delivery of the Requirements. Each Respondent’s
Proposal must include its Price.
Page 20 of 27

Proposal
The response a Respondent submits in reply to the RFP. It comprises the Response
Form, the Respondent’s bid, financial and pricing information and all other
information submitted by a Respondent.
Proposed Contract
The Contract terms and conditions proposed by the Buyer for the delivery of the
Requirements as described in Section 5.
RFP
Means the Request for Proposal.
Registration of
A formal request by a Buyer asking potential suppliers to register their interest in a
Interest
procurement. It is the first step in a multi-step tender process.
Request for
The RFP comprises the Advance Notice (where used), the Registration of Interest
Proposal (RFP)
(where used), this RFP document (including the RFP-Terms) and any other schedule,
appendix or document attached to this RFP, and any subsequent information
provided by the Buyer to Respondents through the Buyer’s Point of Contact or GETS.
RFP-Terms
Means the Request for Proposal - Process, Terms and Conditions as described in
Section 6.
RFP Process, Terms
The government’s standard process, terms and conditions that apply to RFPs as
and Conditions
described in Section 6. These may be varied at the time of the release of the RFP by
(shortened to RFP-
the Buyer in Section 1, paragraph 1.6. These may be varied subsequent to the release
Terms)
of the RFP by the Buyer on giving notice to Respondents.
Requirements
The goods and/or services described in Section 2 which the Buyer intends to
purchase.
Respondent
A person, organisation, business or other entity that submits a Proposal in response to
the RFP. The term Respondent includes its officers, employees, contractors,
consultants, agents and representatives. The term Respondent differs from a supplier,
which is any other business in the market place that does not submit a Proposal.
Response Form
The form and declaration prescribed by the Buyer and used by a Respondent to
respond to the RFP, duly completed and submitted by a Respondent as part of the
Proposal.
Successful
Following the evaluation of Proposals and successful negotiations, the Respondent/s
Respondent
who is awarded a Contract/s to deliver all or part of the Requirements.

Page 21 of 27

Attachments
Attachment 1: Appendix to Creative New Zealand Digital Strategy

Attachment 2: Draft Contract
Draft Contract for Services
Contract Details

Business Case for the establishment of a Digital Arts and
Cultural Agency for Aotearoa
The Parties
The Buyer:
Creative New Zealand
NZBN Insert the New Zealand Business Number of the Buyer
2-12 Allen St, WELLINGTON
And
The Supplier:

NZBN Insert New Zealand Business Number of the Supplier
Insert the legal name of the Supplier For a company, use the registered office. For others use physical
address.
Contract Management and Personnel
Start Date
9/07/2021
Reference Schedule 2 clause 1
End Date
24/12/2021
Reference Schedule 2 clause 1
Renewal
not applicable.
Reference Schedule 2 clause 1
Contract Managers
Reference Schedule 2 clause 4

Buyer’s Contract Manager
Supplier’s Contract Manager
Name:
Philip Crampton

Title / position:
Project Manager, Digital Agency

Address:
2-12 Allen St, WELLINGTON

Phone:
021 543 946

Email:
[email address]

Addresses for Notices
Reference Schedule 2 clause 14

Buyer’s address
Supplier’s address
For the attention of:
Belinda Jones

c.c. Contract Manager
Philip Crampton

Delivery address:
Creative New Zealand

2-12 Allen St, WELLINGTON
Email:
[email address]

  The Contract
Agreement
The Buyer appoints the Supplier to deliver the Services described in this Contract and the Supplier accepts
that appointment. This Contract sets out the Parties' rights and obligations.
Parts of this Contract
The documents forming this Contract are:
3.
Contract Details: This section
4.
Schedule 1: Description of Services
5.
Schedule 2: Standard Terms and Conditions GMC Form 2 SERVICES | Schedule 2 (3rd Edition)
available at: www.procurement.govt.nz
6.
Any other attachments described at Schedule 1.
How to read this Contract
•  Together the above documents form the whole Contract
•  Any Supplier terms and conditions do not apply
•  Clause numbers refer to clauses in Schedule 2
•  Words starting with capital letters have a special meaning. The special meaning is stated in the
Definitions section at clause 17 (Schedule 2).
  Acceptance
In signing this Contract each Party acknowledges that it has read and agrees to be bound by it.
Signed for and on behalf of the Buyer:
Signed for and on behalf of the Supplier:

_________________________________
_________________________________
(signature)
(signature)

Name:
Insert name
Name:
Insert name
Position:
Insert position
Position:
Insert position
Date:
Select date
Date
Select date

Page 24 of 27

Schedule 1: The Services
3.  Context
Digital technology impacts all aspects of our arts and cultural sector and is rapidly evolving and developing.
The  recent  COVID  –  19  pandemic  has  highlighted  the  need  for  the  sector  to  respond  effectively  to  the
challenges of the current environment and take advantage of the opportunities presented by technology, so
that our artists and arts organisations can be more dynamic and resilient.
In  October  2020,  the  Council  of  Creative  New  Zealand  adopted  a  Digital  Framework.    The  overarching
objective for CNZ in relation to digital technologies is:
To  ensure  the  arts  sector  is  positioned  to  maximise  the  opportunities  associated  with  digital
technologies, for the benefit of the sector and all New Zealanders, in a way that recognises Aotearoa
New Zealand’s unique cultural context.
4.  Description of Services
The Supplier will develop a Business Case that will enable the Council of Creative New Zealand and other
possible  stakeholders  to  make  very  well-informed  decision  about  investing  in  the  establishment  and
operation of a Digital Arts and Cultural Agency for Aotearoa.
The Agency could provide the following types of services consistent with the focus areas of creation,
distribution, access, and resilience:
•  assist arts organisations and artists to engage new audiences and new platforms for digital content.
•  commission digital content/art across multiple platforms and provide immersive or interactive
experiences.
•  provide training or skill development in terms of digital engagement including e-commerce platforms,
digital rights, digital safety, and IP, including preservation and protection of Mātauranga Māori.
•  broker partnerships and networks across industries nationally and globally to develop or realise a
project.
•  ensure that digital content is available to the broadest range of New Zealanders to ensure content can
be accessed by those with disabilities and reach communities of high users, for example young Pasifika
artist/arts organisations
The Business Case is expected to include the following components:
k)  Industry research and benchmarking – a snapshot of the current digital capability needs of Aotearoa’s
arts organisations and audiences, analysis of current international and national services and models.
l)
Strategic  purpose  and  outcomes  –  scope  and  mandate;  target  audiences  and users;  alignment  with
Creative New Zealand’s public value model and strategies; proposed success measures and evaluation
framework.
m)  Service model – segment, target and prioritise services based on needs analysis and current providers
using the Digital Framework (eg, creation, distribution, access, and resilience).
n)  Operating model – scalable options for governing and managing the service delivery including potential
revenue streams and risk-share models.
o)  Investment  and  partnership  plan  –  including  the  commitment  from  key  stakeholder-  investors  that
Creative New Zealand has secured (or may need to secure for viability/sustainability).
p)  Feasibility of options – risk and benefit analysis of costed options with a recommended option based
on rationale. Note, options should include scale-ability to reflect the investment plan for example, a
pilot/commissioning specific services where resources are limited.
In developing the Business Case the Supplier will:
Page 25 of 27

•  engage with key industry organisations and practitioners, as agreed, within the creative industries sector
and technological/digital sector.
•  examine solutions to digital capability development in the arts and culture and other sectors nationally
and globally.
•  consider how current providers of similar services operate in a viable and sustainable way.
•  Acknowledge and give effect to Te Ao Māori and Kaupapa Pasifika.
5.  Deliverables and Milestones
Deliverable/Milestone
Performance Standards
Due date
Invoice date   Amount payable
(exc GST)
tbc
tbc
tbc
tbc
tbc
tbc
tbc
tbc
tbc
tbc
  Total (excl GST)  $
6.  Specific code of conduct / policies/ health & safety / protective security
[Attach a copy and/or provide web address where the document can be located.]
7.  Supplier’s Reporting Requirements
Reference Schedule 2 clause 5.2
Report to:
Description of report
Due date
Contract Manager
tbc
tbc
tbc
tbc
tbc
8.  Price
Reference Schedule 2 clause 3
The Supplier’s Price will be calculated as follows:
A fixed Price of $       excluding GST, payable in the amounts and on the dates shown in Invoices below.
9.  Expenses
No Expenses are payable.
10. Invoices
Reference Schedule 2 Subject to clauses 3 and 11.7
The Supplier must send the Buyer an invoice for the Charges On the following dates subject to completion
of the relevant Deliverables/Milestones.
Deliverable/Milestone
Due date
Amount due (exc GST)
tbc
tbc
$ tbc
tbc
tbc

Total (exc GST)
$
11. Address for invoices
Reference Schedule 2 clause 3
Buyer’s address

For the attention of:
Philip Crampton
Address:
[email address]

Other instructions regarding invoicing
Page 26 of 27

12.   Insurance
Reference Schedule 2 Clause 8.1
The Supplier must have Professional indemnity insurance of $1 million per claim and $2 million for all
claims in the insurance policy period.

13.   Changes to Schedule 2 and attachments
Schedule 2 of this Contract is amended as follows:
•  All new Intellectual Property arising from the Contract will be exclusively the property of Creative
New Zealand.
Attachments
Reference 'Contract documents' described at Page 1
Page 27 of 27