COMMERCIAL
GMC Lite GOODS and/or SERVICES (3rd Edition)
Description
Delivery date
Specific Standards (if any)
Price (exc GST)
methodologies for
determining UEFs and
calculating emissions.
Price
The total price payable under this Contract is up to NZ$10,000 excluding GST.
This price is calculated as follows: s hours of consultation services at an hourly
rate of
9(
s 9(2)
(b)(ii)
Invoice and
The Supplier will invoice the Buyer for the goods and/or services when all goods
payment
and/or servies have been provided.
If delivery of the goods and/or services has been satisfactory, and the Buyer
receives a valid tax invoice:
on or before the 5th business day of the month, the Buyer must pay
that tax invoice by the 20th calendar day of that month; and
after the 5th business day of the month, the Buyer must pay that tax
invoice by the 20th calendar day of the following month.
Start date
This Contract will start on 3/10/2022.
End date
This Contract will end on 30/10/2022.
Term
This Contract starts on the Start Date. Goods and/or services must not be
delivered before the Start Date.
This Contract ends on the End Date.
Standards
FOR SERVICES: (as applicable) The Supplier will provide the services with due
care, skill and diligence and to the Specific Standards specified above (if any).
FOR GOODS: (as applicable) All conditions and warranties under the Contract
and Commercial Law Act 2017, Part 3, Subparts 1 - 6 apply to the supply of
goods under this Contract.
The Supplier must comply with the
Supplier Code of Conduct issued by the
Procurement Functional Leader (see procurement.govt.nz).
On-Site
If the Supplier (including the Supplier’s personnel and subcontractors) is at the
Requirements
Ministry's premises, the Supplier must observe the Ministry's policies and
procedures, including those relating to security requirements and health and
safety.
Intellectual
Pre-existing intellectual property rights remain the property of their current
Property
owner. New intellectual property rights in any tangible output of the services
(deliverables) become the property of the Buyer when they are created. The
Supplier grants to the Ministry a perpetual, non-exclusive, worldwide and
royalty-free licence to use, for any purpose, all intellectual property rights
incorporated in the deliverables by the Supplier that are not owned by the
Buyer. The Supplier will not infringe any third party intellectual property rights
in developing any deliverables under this Contract.
Confidentiality
Each Party confirms that it has adequate security measures to safeguard the
other Party's confidential information from unauthorised access or use by third
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COMMERCIAL
COMMERCIAL
GMC Lite GOODS and/or SERVICES (3rd Edition)
parties, and that it will not use or disclose the other Party's confidential
information to any person or organisation other than:
1. to the extent that use or disclosure is necessary for the purposes of
providing the goods or services or in the case of the Buyer, using the goods or
services,
2. if the other Party gives prior written approval to the use or disclosure,
3. if the use or disclosure is required by law (including under the Official
Information Act 1982), government Ministers or parliamentary convention, or
4. in relation to disclosure, if the information has already become public, other
than through a breach of the obligation of confidentiality by one of the Parties.
On termination or expiry of this Contract, the Supplier must, if requested by the
Buyer, immediately return or securely destroy all confidential information and
other material or property belonging to the Buyer.
Resolving
The Parties will use their best endeavours to resolve any dispute or difference
disputes
that may arise under this contract through direct negotiation. If the Parties
cannot resolve a dispute by negotiation, either Party may refer the matter to
mediation. The Party requesting mediation must notify the other Party in
writing. Each Party will meet their own costs of resolving the dispute.
Contractual
Nothing in this Contract constitutes a legal relationship between the Parties of
Relationship
partnership, joint venture, agency, or employment. Neither Party has authority
to bind or represent the other party in any way or for any purpose.
Conflicts of
The Supplier warrants that as at the Start Date, it has no conflict of interest in
Interest
providing the goods and/or services or entering into this Contract. The Supplier
must do its best to avoid situations that may lead to a conflict of interest arising.
The Supplier must tell the Buyer immediately, and in writing, if any conflict of
interest arises in relation to the goods and/or services or this Contract.
Publicity
The Supplier may disclose the existence of this Contract but must obtain the
Buyer's prior written approval before making reference to the Buyer or this
Contract in its publications, public statements, promotional material or
promotional activities about this Contract.
Records
The Supplier must keep and maintain records relating to this Contract in
accordance with prudent business practice and all applicable laws.
Law
This Contract will be governed and interpreted in accordance with New Zealand
law.
Signed for and on behalf of the Buyer:
Signed for and on behalf of the Supplier:
_________________________________
(signature)
___
______________________________
(signature)
3
COMMERCIAL
COMMERCIAL
GMC Lite GOODS and/or SERVICES (3rd Edition)
Name:
James Coombes
Name:
Kevin Brown
Position:
Manager
Position:
Partner
Date:
30/09/2022
Date
28/09/2022
4
COMMERCIAL
Are there privacy considerations within this procurement?
No
Will the supplier require or have access to SENSITIVE, RESTRICTED or
SECRET or TOP SECRET official information?
No
CONFLICTS OF INTEREST
Do the people completing this procurement (including evaluators) have any
actual, potential or perceived conflicts of interest?
No
If you have answered ‘Yes’ or ‘Potentially’ above, please contact your Procurement Business Partner
before this Plan is signed, and provide details here (otherwise state N/A): N/A
Have you sent a Conflict-of-Interest form for the Supplier’s nominated
personnel to complete?
External Conflict of Interest form & Management Plan.docx
Yes
If the Supplier has declared a conflict, the conflict of interest management
plan must be completed and passed to the financial delegation holder for
consideration and approval, alongside
the procurement plan being signed.
[Select one]
Has this task been completed?
CONTRACT TYPE
MfE Lite Contract
If you have selected other, please
detail here: N/A
Have Legal reviewed the contract?
No
BUSINESS NEEDS
KEY OBJECTIVE
To provide professional advice to MfE on recommended updates to the
Emissions Trading Scheme regulations relating to geothermal activities for
default and unique emissions factors and prescribed methodologies and
procedures.
KEY RISKS
N/A
DESCRIPTION OF
The Buyer requires the Services for the purpose of informing decisions related to
SERVICES
the Emissions Trading Scheme annual regulations update for 2023.
The Supplier will provide a report detailing current methodologies used in
geothermal activities and recommended updates to current regulations. These
recommendations should consider changes to current default emissions factor
tables as well as improvements to underlying methodologies for determining
UEFs and calculating emissions.
The supplier work will involve communicating with operators in the geothermal
sector to gather information and provide a summary report for the scope of the
work described above. The report will also include recommendations for updates
to the default and unique emissions factor regulations to account for changes to
geothermal plant operating methods.
DELIVERABLES
Description of
Specific Standards
Required Delivery Date
Service/Deliverables
(if any)
Summary report on
Involving geothermal
current geothermal
plant operators.
methodologies and
30/10/22
recommended
Delivered in Word or PDF
regulations updates.
format.
Procurement Approach:
Direct Source (non-panel)
Suppliers approached:
1. Geokem
Written Quotes:
Yes
Direct source
Supplier recommendation received from the New Zealand
Geothermal Association following a survey of geothermal plant
operators.
SUPPLIER AND EVALUATION
Preferred Supplier
Name: Geokem (Dr Kevin Brown)
Address: P.O. Box 30-125, Barrington, Christchurch 8244
Confirm that you have considered, and the supplier has demonstrated the
Completed
following:
1. The proposed solution is fit for purpose
Yes
2. The preferred supplier has the skills and expertise to carry out the work
Yes
3. The preferred supplier can carry out the work in the timeframe required
by the Ministry
Yes
4. The preferred supplier’s price is public value
Public Value means the best available results for New Zealand for the
money spent. It includes using resources effectively, economically and
Yes
responsibly.
SUPPLIER NOTIFICATION
Have any non-selected suppliers been notified and,
if requested, feedback has been provided?
Not Applicable
Supplier Conflict of Interest Declaration
This Declaration must be completed by an authorised signatory of the supplier in order to contract with the Ministry
for the Environment (MfE).
This Declaration must be completed for each contract, prior to execution of the contract, even if the Ministry has
previously engaged the supplier.
The purpose of this Declaration is to identify conflicts of interest (potential, perceived or actual) that may exist
between the supplier, the supplier’s representatives, employees and any subcontractors (if appliable) and MfE at
the time of the appointment and thereby protect the supplier and the Ministry from allegations of bias or
preferential treatment and to assist the Ministry to operate in a transparent manner.
This Declaration requires that the supplier identifies organisational level interests and, where relevant , the interests
of key staff including: company owner/s, director/s and staff who are directly involved in the contract negotiation,
management and delivery of the contract requirements.
If you are a sole trader, individual contractor or a member of an advisory board, you do not need to complete Page
Two.
Suppliers: When determining if a conflict of interest exists consider if your organisation and key staff:
• Has or could be perceived to have any political, legal, financial or personal interest in the contract with
MfE that may affect the Ministry’s reputation or the way it is perceived
• Could give the appearance that you might be conflicted with the contract or engagement with the
Ministry
• Has any obligations, loyalties or bias that could influence or affect the way you deliver the requirements
of your contract/engagement with the Ministry
• Knows any Ministry employee involved in this contract that has an ownership or financial interest in the
Supplier you represent. Or that the Ministry employee would have a personal financial gain or other
benefit from this contract or engagement
• Has engaged a previous employee of the Ministry (less than 2 years) to be involved in the delivery of this
contract.
For further guidance, please refer to the Office of the Auditor- General’s good practice guide on Managing conflicts of
interest: Guidance for Public For each conflict declared you will need to complete a proposed plan to remove, manage or mitigate the
conflict. This plan will need to be agreed with MfE prior to execution of contract and commencement of
work.
V.1. February 2022
V.1. February 2022
