Wellington Water – Network Maintenance and Operations Al iance – RFP response form

Request for Proposal
Response Form

Three Waters Maintenance and
Operations Al iance

RFP released: 04.05.2018
Deadline for Questions: 01.06.2018
Deadline for Proposals: 12:00hrs 29.06.2018

Our water, our future

Check list for Respondents

Task

1.  Complete al  sections of the Response Form.

2.  Delete all ‘supplier tip’ boxes from the Response Form.

3.  Remove all yellow highlight from the Response Form.
4.  Make sure that you have complied with the fol owing instructions:

•  the Response Form is limited to 100 A4 sides. The page limit does not
include:
  Cover Letter
  Overhead, profit and margin schedule
  Contract Principles table
  Declaration form
•  the font used is Calibri font size 11.
5.  Arrange for the declaration to be signed.

6.  Prepare your Proposal for delivery by arranging the printing of Five (5) hard

copies AND creating a final soft copy file on disk or memory device.
7.  Please provide the Overhead, profit and margin schedule in a separate
envelope and electronic folder.
8.  Where both hard and soft copies have been requested double check that the
hard copies and soft copy are identical.
9.  Arrange for the Proposal to be delivered before the Deadline for Proposals.

[insert your organisation name and logo or branding]

Response Form

In response to Request for Proposals
by: [insert organisation name]
for: Three Waters Maintenance and Operations Al iance
Date of this Proposal: [insert date of this document]

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,
Supplier
employees, contractors, consultants, agents and representatives. The term
tips
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 RFP Section 6.

04 May 2018
1. About the Respondent
•  The section gives the Buyer basic information about your organisation and
  identifies your Point of Contact for the duration of the RFP process.
•  If an item is not applicable e.g. you do not have a registered office complete the
Supplier
box by stating ‘not applicable’.
tips
•  If you are submitting a joint or consortium Proposal complete an ‘Our profile’
table for each Respondent. Cut and paste the table as appropriate. Provide only
one Point of Contact for your joint/consortium Proposal.
Our profile
This is a Proposal by [insert the name of your organisation] (the Respondent) alone to supply the
Requirements.
OR This is a [joint/consortium] Proposal, by [insert the name of your organisation] and [insert the
name of the other organisation/s] (together the Respondents) to supply the Requirements.
Item
Detail
Trading name:
[insert the name that you do business under]
Full legal name (if different):  [if applicable]
Physical address:
[if more than one office – put the address of your head office]
Postal address:
[e.g. P.O Box address]
Registered office:
[if you have a registered office insert the address here]
Business website:
[url address]
Type of entity (legal status):
[sole trader / partnership / limited liability company / other please
specify]
Registration number:
[if your organisation has a registration number insert it here e.g.
company registration number]
Country of residence:
[insert country where you (if you are a sole trader) or your
organisation is resident for tax purposes]
GST registration number:
[NZ GST number / if overseas please state]
Our Point of Contact
Item
Detail
Contact person:
[name of the person responsible for communicating with the Buyer]
Position:
[job title or position]
Phone number:
[landline]
Mobile number:
[mobile]
Email address:
[work email]
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04 May 2018
2. Response to the Requirements
•  In this section you are asked to provide your response to our Requirements (RFP
  Section 2) by demonstrating your organisation’s ability to meet our criteria (RFP
Section 3: Our Evaluation Approach). Carefully read RFP Sections 2 and 3 before
Supplier
completing this part.
tips
•  If there is anything that you do not understand ask our Point of Contact to clarify.
•  If any information you provide is commercially sensitive to your business you
must let the Buyer know. Please mark the information ‘commercially sensitive’ or
‘Confidential Information’. It is not acceptable to render this whole document
confidential unless this is truly the case. The Buyer has a duty to protect
Confidential Information, subject to the exceptions in the RFP-Terms (Section 6).
•  If some of an answer is in another document e.g. a marketing brochure, copy and
paste the relevant extract into this Proposal. Do not submit the whole brochure.
Please do not include any advertising brochures or similar material in your
Proposal.
•  You may include information not specifical y requested by us in your Proposal.
But only if it adds value and is relevant to the Requirements.

Pre-conditions
•  You must be able to answer ‘yes’ to each of these pre-conditions. Make sure you
  are able to verify that this is the case, if asked.
•  ‘Yes’ means that you can currently meet the pre-condition. It does not mean that
Supplier
you are planning to, or intend to at some time in the future.
tips
•  If you cannot answer ‘yes’ to all, your Proposal will not meet the basic
Requirements and is likely to be declined.

#
Pre-condition
Meets
1.
Please disclose any details of any existing or potential ownership changes within
[Yes/No]
your organisation.
2.
Please disclose any existing or pending litigation

3.
Please provide your interim financial statements to 31st December 2017

Overview of our solution
Please provide an overview of your solution, including key value add areas and how they will directly
benefit Wellington Water.
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04 May 2018

Questions relating to the evaluation criteria
•  Here you are asked to answer questions relating to the evaluation criteria. Your
  Proposal will be scored against your answers to these criteria. Aim to give
answers that are relevant, concise and comprehensive.
Supplier
•  Consider the % weighting for each criterion. The higher the weighting the more
tips
important it is. Take the weightings into account in deciding how much detail to
include.
•  If you have made any assumption about the Requirements or delivery, clearly
state the assumption.
•  There may be several questions that relate to one criterion. If these questions are
not individually weighted assume that they are of equal importance.

a)  Al iance Governance and Management
Weighting 5%
a)  The Al iance wil  report through the existing Wellington Water governance structure. How
will you integrate with this approach and manage the Alliance within this structure? What
particular approaches will you adopt to ensure success?
[insert your response here]
b)  What do you consider are the key factors in successful Alliance leadership and how will you
deliver these for, and with, Wellington Water under the governance structure? (Your
response should include who your proposed Al iance Leadership Team (ALT) members are
and why).
[insert your response here]
c)  The role of the Alliance Manager will be absolutely pivotal to the success of the Al iance.
Following the CD process, what particular skills, attributes and experience of your proposed
Alliance Manager do you think will drive the success of our Alliance?
[insert your response here]
d)  What wil  your approach be to ensure the Alliance integrates
i.
across its own delivery teams,
ii.
with the rest of the Wellington Water organisation,
iii.
across our Service Delivery workstreams and wider supplier community
iv.
with your wider business, and
v.
across the region.
[insert your response here]

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04 May 2018
e)  Outline your proposed management structure (down to AMT) and other key roles for the
Alliance. Where you propose using your resources for a role, please detail their relevant
experience, qualifications Alliance experience and why they would deliver best value for
Wellington Water and its customers in that role.
[insert your response here]
f)  How wil  you support the development and delivery of the wider Wellington Water business
strategy, in your role as our Alliance partner?
[insert your response here]
g)  What approaches will you adopt to ensure all Alliance staff have a clear set of performance
expectations and are managed appropriately?
[insert your response here]
h)  How will you ensure our tagline, Our Water, Our Future, is at the heart of the Alliance
approach?
[insert your response here]
i)  Identify what risks the governance structure may pose and how you wil  manage these with
us.
[insert your response here]
b)  Service Delivery
Weighting 9%
a)  Based on the Scope of Work, how will you drive the Alliance to deliver the day to day
operational scope in an integrated, efficient and effective manner? How will this translate
into improved levels of service for our customers?
[insert your response here]
b)  Describe how you will ensure the work completed by the Alliance will be of a consistently
high and sustainable quality.
[insert your response here]
c)  For each management area in this RFP (i.e. resilience, customer, H&S), outline how you will
ensure your approach is integrated with the physical work completed on the network.
[insert your response here]
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04 May 2018
d)  How will you foster an innovation culture through your service delivery approach?
[insert your response here]

c)  Service Planning
Weighting 12%
a)  Detail how the Alliance Maintenance Plan will initiate and drive the change from a highly
reactive strategy to a proactive and predictive maintenance strategy.
[insert your response here]
b)  Detail how you wil  introduce a robust planning function within the Al iance (including links
to the Customer Hub, Wellington Water PMO and the wider business) to deliver a proactive
asset management approach.
[insert your response here]
c)  How will you ensure that field staff understand asset management and display ‘Active
Curiosity’ when working on the network to capture and assessing network data?
[insert your response here]
d)  What approach wil  you take to ensure proactive, reactive and planned maintenance
activities are captured accurately against assets? How will you ensure accurate reports are
produced?
[insert your response here]
e)  Wellington Water is looking to generate savings in Traffic Management and Reinstatement
through effective planning and development of Alliance capability in these areas. Please
detail how you would approach the development of this capability and how the Al iance,
WWL and our Capex Contractor Panel could benefit from this approach.
[insert your response here]
f)  How can the Alliance help improve our knowledge of network performance?
[insert your response here]
g)  Where could the Alliance Partner share resources to assist Wellington Water to succeed as a
mature asset manager?
[insert your response here]
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04 May 2018
h)  What level and type of direction would you expect the Wellington Water Service Planning
team to provide to the Alliance on asset management?
[insert your response here]
i)  Describe any asset management ideas or processes you offer which are innovative. Describe
the benefits of these and how these benefits are measured.
[insert your response here]
j)  Describe how you will deliver Value for Money (from a Totex perspective) in meeting or
exceeding the overall maintenance and operations activities.
[insert your response here]
k)  What technologies will you provide that will help fill our asset performance (cost, benefits &
risk) data gaps?
[insert your response here]
l)  What resourcing is needed during implementation and integration to establish detailed
work processes and support tools to ensure the effective implementation of our service
planning framework?
[insert your response here]
m)  What auditing and inspection processes do you think are necessary to provide assurance
that maintenance practices are being implemented effectively in the field and achieving the
outcomes desired?
[insert your response here]
n)  How will we know that the asset data that is captured is accurate and in an acceptable
format?
[insert your response here]

d)  Customer Experience
Weighting 10%
j)  How will you support and drive the delivery of our Customer Plan, as our Alliance Partner?
Your response should individual y address our five key workstreams and refer to the
Appendices:
i.
Customer Culture and Behaviours
ii.
Stakeholder Management
iii.
Community Engagement
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04 May 2018
iv.  Customer Journey
v.  Customer Data
[insert your response here]
k)  The Customer and Operations Hub is integral to the delivery of positive customer services
for Wellington Water (including capex works). Detail how you will manage and integrate the
Hub, as part of the Alliance, to achieve our desired customer outcomes and strategies. Your
response should include details of previous experience in management of customer centric
operations.
[insert your response here]
l)  How will you ensure the context of individual customers (i.e. the impact of a supply outage
will affect customers differently, depending on their situation) is considered and addressed
when providing services to our customers?
[insert your response here]
m)  As the key, direct interface with most of our customers, how will you ensure Alliance staff
have the customer at the centre of their thinking in everything they do?
[insert your response here]
n)  As our Alliance Partner, how will you support Wellington Water’s community initiatives?
[insert your response here]
o)  How wil  you help ensure the activity of the Alliance is conducted in a culturally sensitive
manner and in concert with our local iwi?
[insert your response here]
p)  How will your approach to customer management help ensure our client Councils are
engaged in the process?
[insert your response here]

e)  Health & Safety
Weighting 5%
a)  Wellington Water is committed to continuously improving its H&S performance. What tools
and processes have you adopted to improve H&S performance in your own organisation
that will be utilised by the Alliance?
[insert your response here]
b)  How does your organisational H&S culture align with the Wellington Water Health and
Safety Vision? How will you help us embed this culture in all we do as an Alliance?
[insert your response here]
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04 May 2018
c)  As our Alliance Partner, how will you effectively support Wellington Water’s critical risk and
wellness programmes?
[insert your response here]
d)  In the event of a major Health and Safety incident (critical injury or significant near miss),
please describe in detail how you would respond.
[insert your response here]
e)  How have you ensured worker engagement in Health and Safety practices? How could these
be adopted by the Al iance?
[insert your response here]
f)  What is your greatest Health and Safety/Wellbeing achievement in the last three years?
What does this mean for Wellington Water?
[insert your response here]
g)  Detail how, as the Alliance Partner, you wil  contribute to ensuring we meet Wel ington
Water’s outcome of being ‘Respectful of the Environment’.
[insert your response here]

f)  Resilience
Weighting 5%
a)  Detail how your existing facilities will integrate with Wellington Water and Client Council
facilities to support a reliable and resilient response to a major event. How would you
establish new facilities, if required?
[insert your response here]
b)  Describe what additional resources are available in a major event and what benefit they
would have in the restoration of infrastructure.
[insert your response here]
c)  Detail how the Alliance will support Wellington Water’s 80-30-80 strategy in providing a
prompt response to a major event and how the Alliance would meet customer expectations
in restoration of infrastructure.
[insert your response here]
d)  Detail your experience in managing and maintaining the Health & Safety of resources for an
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04 May 2018
extended period fol owing a major event.
[insert your response here]
e)  Describe the reliability and resilience of your information and visualisation systems and how
they can support communications across islands in a major event.
[insert your response here]
f)  Detail how you are able to support continual improvement in incident and major incident
response and how this would link to our 80-30-80 strategy.
[insert your response here]
g)  Provide detail on how the Alliance wil  work with the Risk and Assurance function to ensure
systems and processes are fit for purpose and maintain a continuous improvement culture.
[insert your response here]
h)  How will you provide a resilient culture to respond to changing circumstances and needs?
[insert your response here]
i)  Provide detail on how the Alliance will ensure resilient resources ( people, systems, vehicles,
plant and equipment) to perform roles and responsibilities as well as respond to incidents
and emergencies
[insert your response here]

g)  Technology
Weighting 12%
a)  a) Outline the operational systems which would be provided through the Alliance to support the
delivery of our outcomes and describe how these systems would benefit Wellington Water and
our customers.
[insert your response here]
b)  b) Please provide details of your event management system capable of running daily operations
and service requests while integrating with Wellington Water data warehouse and council
systems. This may include workforce, customer management, planned and unplanned
maintenance and job costing.
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04 May 2018
[insert your response here]
c)  c) Please provide details of your asset information system capable of managing ongoing and
preventative maintenance cycles of plant and linear assets.
[insert your response here]
d)  d) Detail available operational technology which supports maintaining the Three Waters
Networks including monitoring, service strike detection and situational awareness.
[insert your response here]
e)  e) Detail your resources available to work with the TGG in building the technology roadmap,
including discovery and alignment of technology resources and capabilities.
f)  [insert your response here]
g)  f) Please provide details of your resources who could assist in development with, and within,
Wellington Water’s GIS system
[insert your response here]
h)  g) Provide details of technical expertise in system architecture and integration between
Wellington Water/Alliance Partner and Wellington Water/Council systems.
[insert your response here]
i)  h) How will you manage relationships with the TGG and Council stakeholders?
[insert your response here]

h)  Al iance Implementation and Change Management
Weighting 15%
a)  Outline your Alliance implementation plans for the fol owing phases:
i.
The Interim Alliance Agreement (IAA) phase (Jan – June 2019)
ii.
The Final Al iance Agreement (FAA) phase (June 2019 onwards)
[insert your response here]
b)  How will you manage the change process for the implementation of the Alliance? (Your
response should include management of Wellington Water staff moving to the Alliance
team, those interfacing with the Alliance group and wider audiences)
[insert your response here]
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04 May 2018
c)  How will you ensure your management team and other resources coming into the Alliance
are focused on Wellington Water’s needs and outcomes, and are fully aligned across your
team.
[insert your response here]
d)  Wellington Water has an inclusive, open and supportive company culture (see our Company
Values) and strives to improve this culture. Outline how, as our Alliance Partner, you will fit
with and further develop this culture.
[insert your response here]
e)  This is Wellington Water’s first Alliance.  How can we collaboratively develop and adopt
genuine Alliancing behaviours between our organisations to take the Alliance beyond the
expected.
[insert your response here]
f)  What do you consider the key risks are in the initial implementation of, and over the life of,
the Alliance and how will you manage/mitigate them?
[insert your response here]
g)  In addition to the preceding sections, how will your wider organisation provide additional
value to Wellington Water and its customers?
[insert your response here]

i)  Commercial
Weighting 12%
a)  The Charter of Behaviours will be key to the success of the Alliance. Based on your
knowledge of what Wellington Water is looking to achieve through the Alliance, what would
you see the Charter containing?
[insert your response here]
b)  How wil  you achieve value for money through the procurement and management of
suppliers and services as the Alliance and how will this value be accurately measured?
[insert your response here]
c)  How will you ensure the collaborative nature of the Alliance extends to its supply chain and
sub-contractors?
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04 May 2018
[insert your response here]
d)  We expect that there wil  be a range of Alliance reporting for internal purposes and for our
client Councils, which we will co-develop with our Al iance Partner. Please provide (as
appendices) existing examples of reports that are used to demonstrate and drive Value for
Money, improved performance, cost reporting and service enhancements for your
customers.
[insert your response here]
e)  What recommendations do you have for the Alliance performance framework (including
KRAs and KPIs)?
[insert your response here]
f)  How will you deliver effective budget and claim management within the Alliance?
[insert your response here]
g)  Please complete the Overheads and Profit table at Section 3. [*NB – of the 12% weighting for
this section, the Overheads and Profit table has 5% of that weighting with the remaining 7%, equally
spread across the remaining questions in this section.]
[insert your response here]

Weighting 15%
j)  Al iance Values and Behaviours
(Evaluated at CD stage)
Your organisation’s behaviours and values have been evaluated and scored against our expected
Alliancing behavioural framework throughout the Competitive Dialogue process.

Assumptions
Please state any assumptions you have made in relation to the requirements. Where you have made
assumptions in relation to the costs and pricing information please state these in the next section.

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04 May 2018
3. Price
•  In the RFP Section 4 we have outlined the pricing information that we are
  seeking. This should inform you how to present your proposed price. Where we
have provided a template you must use this for your pricing information.
Supplier
•  In preparing your pricing information you must consider all risks, contingencies
tips
and other circumstances relating to the delivery of our Requirements and include
adequate provision for them. You must also document any assumptions that you
have made in costing the ful  delivery of the Requirements.
•  If asked for a ‘whole-of-life’ cost this is the total cost to the Buyer over the whole
of the life of the Contract. See Guide to Total Cost of Ownership and TCO
calculator (listed under ‘T’).
•  If we have asked for a two envelope response you must put all financial and
pricing information in a separate sealed envelope or separate soft copy
document.
Overheads and Profit schedule
Please submit your financial information using the following pricing schedule
Commercial Framework
Year One
Year Two  Year Three

Cost Framework

Corporate Overhead: (these are costs that would not be
considered as part of the day to day running costs of the
Alliance)
Cost one
$
$
$
Cost two
$
$
$
Cost Three
$
$
$

Information Technology Charges: (please list each system
and charge)
Costs that you would expect to charge the al iance for the  $
$
$
system setup and integration
Costs for support of the systems specified in your RFP
$
$
$
submission (including licencing)
Please confirm how future system enhancements or new  $
$
$
systems would be charged for to the Alliance
Any other costs
$
$
$

Subcontractors:
We would expect our Al iance partner to pay
%
%
%
subcontractor invoices on the Alliance's behalf, please
specify if there would be any mark-up on invoices

Plant, Equipment and Vehicles:
Please provide a schedule of charges
$
$
$

Al iance Management Team (AMT):
As per your proposed AMT please provide the estimated
$
$
$
Total Fixed Remuneration (including any potential
bonuses) for each role based on the skil s and experience
you would expect in the role (regardless of which
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04 May 2018
organisation that role may come from)

Related Party and Third Party Arrangements:
If your RFP includes the use of related party or third party  $
$
$
goods or services please specify the term and costs of
these

Profit % (Please split proposed Profit and KPI %):
Please specify your desired profit % noting there will be
%
%
%
no cost savings sharing
KPI %:
%
%
%

KPI Payments:

We are proposing to have the desired profit % made up of
profit and KPI % to reflect the risk profile of the alliance
and the principal of no pain, how do you feel about this
and do you have any other suggestions

KPI is deemed to have been met for the first 18 months of
the contract to establish baselines through a co-design
process

The TOC:

We would like to co-design the TOC in the first 18 months
can you please describe how you will go about driving
efficiency and productivity to reduce the TOC over time
including any initiatives you may have

Depots:
If you are proposing utilising any other depots in the
$
$
$
region please set-out the costs that the al iance would be
expected to pay

Supplier Relationships:

Please list any strategic supplier relationships that you
have and what benefits will be available

Transition/Implementation:
Please provide a proposed budget for the
$
$
$
transition/implementation with supporting calculations
and assumptions as wel  as options on how to fund this

Asset purchases:

Wellington Water has limited capability to purchase items
that are Capital in nature, please provide some options
around how we could contribute to funding these future
items

Other:

Are there any other costs that would be incurred by the
al iance that is in your RFP submission but not captured
above

Assumptions
Please state any assumptions you have made in relation to the cost and pricing information.
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04 May 2018
4. Proposed Contract Principles
•  In the RFP Section 5 we have detailed the terms and conditions of our Proposed
  Contract Principles. We need to know whether or not you are prepared to do
business based on these principles.
Supplier
•  If you have any points that you wish to make about the Proposed Contract
tips
Principles this is where you tell us. Note below any suggestions or changes you
wish to propose.
•  It is important that, if asked, you are able to explain why your changes are
important to you.
•  In deciding which Respondent/s to shortlist the Buyer wil  take into account each
Respondent’s wil ingness to meet the Proposed Contract Principles.

THREE WATERS MAINTENANCE AND OPERATIONS ALLIANCE
Alliance principles

Introduction

Under this RFP, Wellington Water ("WWL") is seeking proposals from Respondents to enter into a
collaborative alliance arrangement for the operation and maintenance of network assets managed
by WWL in the Wellington area.

A draft of the Three Waters Network Maintenance and Operations Alliance Agreement has not been
included with this RFP.  However, set out below are (at a high level) the key principles that WWL
expects it wil  require in the IAA / FAA with the successful Respondent.

This document is not intended in any way to limit the solutions and innovation to be suggested and
offered up by Respondents in their responses to this RFP. However, Respondents are required to
identify any proposed departures from the key principles identified below and provide reasons
(including anticipated benefits to the Al iance) for such proposed departures.  Where necessary,
Respondents should also expand on the key principles set out below and provide information on how
the Respondent wil  satisfy such key principles.

Please also note that the below does not limit the other provisions that may be required by WWL,
and if required at WWL's sole discretion, the form of IAA / FAA presented to the proposed Alliance
Partner for consideration may be different from what is set out below.

Responding to this document

Take time to read and understand the principles set out below. Consider whether, and to what
extent, your proposal supports and / or incorporates these principles.

•  Departures:  If your proposal contains any departures from the principles set out below,
please indicate and describe these in the "Departures" column.

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04 May 2018
•  Reason(s) for Departures / Comments, and References:

-  If you have identified a Departure, please explain the reason(s) for such Departure
(including any benefits to the Alliance).   Please explain how your proposal will satisfy
the principles set out below.
-  Even if you have not identified any Departure, please elaborate on how your
proposal will satisfy the relevant key principles.  If useful, please insert, in the final
column of the table below, cross-reference(s) to the relevant other section(s) of your
proposal.

Key defined terms used below:

Al iance Partner  =  The successful Respondent with whom WWL enters into the IAA / FAA
ALT
=  Alliance Leadership Team
AMT
=  Alliance Management Team
FAA
=  (Final) Three Waters Network Operations and Maintenance Alliance
Agreement
IAA
=  Interim Three Waters Network Operations and Maintenance Alliance
Agreement
Participants
=  Both Wellington Water and the Alliance Partner
Services
=  Final scope of services to be provided by the Alliance

Note: Feedback to the Contract Principles is not evaluated, but wil  be used to develop the IAA.

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04 May 2018
Reference

Principle
Departures
Reason(s) for Departures / Comments
to section in
your
Proposal
Implementation and integration
1.
IAA: An Interim Al iance Agreement wil  be agreed

between the Participants to cover the period from
contract award of the IAA until the signing of the FAA.
2.
Pre-commencement activities: Under the IAA, the

Participants will, prior to the commencement of the
Al iance:

(a)
develop the Al iance Behaviours Charter, which

wil  set out the shared behaviours and aspirations
of the Participants for the Al iance;

(b)
develop the final scope of services to be provided

by the Al iance, ie the Services, including the
Al iance Partner's responsibilities for ensuring that
the Al iance meets the expectations of the IAA /
FAA;

(c)
develop and implement a mobilisation and

integration plan to set up the Al iance;

(d)
negotiate contract terms with the contractors

currently used by WWL in connection with
network operation and / or maintenance.  Such
contractors wil  be included in the Al iance, and
the contracts with those contractors will be
entered into with the Al iance Partner, or if
already entered into with WWL, wil  be novated by
WWL to the Al iance Partner. This is to occur by 1
July 2019;
17

link to page 23 04 May 2018
Reference

Principle
Departures
Reason(s) for Departures / Comments
to section in
your
Proposal

(e)
agree the FAA, based on the key principles set out

in this document and the IAA, by April 2019

(f)
appoint the ALT, who wil  in turn appoint a

mobilisation and integration project team
responsible for the implementation of the
mobilisation plan and integration into the Al iance;
and

(g)
develop an Al iance organisational structure and

the associated resourcing strategy, which wil
utilise personnel from both Participants, and
ensure such personnel undertake training and
participate in other Al iance-related induction and
implementation activities.

The Al iance Partner wil  resource the Al iance Manager

position from the date of commencement of the IAA – see
paragraph 8 below for more detail. The Al iance Manager
wil  be available from that time to drive the mobilisation
and implementation activities, to enable timely
commencement of the FAA by 1 July 2019.
3.
Cultural integration: The Al iance is expected to

seamlessly integrate with WWL and operate in alignment
with the then current standards and maturity level of
WWL's organisation as a whole.  The Al iance is not
intended to operate as a separate entity with different
standards of excellence and performance that would
distance the Al iance from the rest of WWL's organisation.
Rather, the expectation is that the Al iance wil  continue to
drive improvements and excel ence, which wil  enhance
the culture within WWL, such that the Al iance and WWL
as a whole wil  continue to remain aligned in culture
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during the term of the Al iance.
4.
Operational integration: The Al iance is required to work

with WWL's:

(a)
contractors panel; and

(b)
consultants panel.

5.
Branding: The branding for the Al iance wil  be aligned

with WWL’s brand and customer messaging, and as
otherwise agreed between the Participants. This branding
wil  be used to identify and promote the Al iance in the
performance of the Services.
Governance and structure
6.
ALT:

(a)
The Al iance wil  be accountable to WWL through

the ALT. The ALT comprises members of WWL's
Senior Leadership Team and the Al iance Partner's
leadership team.

(b)
The Al iance Manager wil  report to the ALT.

(c)
The ALT wil  also provide strategic guidance and

direction to the Al iance (through the Al iance
Manager and the AMT).

(d)
Composition of the ALT wil  be 50:50 between the

Participants.
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(e)
The ALT wil  appoint a Chair of the ALT to convene

meetings. During the initial 18 months, meetings
of the ALT wil  be held fortnightly or as otherwise
agreed.  Fol owing the initial 18 months, meetings
wil  be held monthly or as otherwise agreed.

(f)
Decisions of the ALT wil  be by unanimous vote. In

the event unanimity cannot be reached, the
Participants wil  seek to settle any disagreements
in good faith with reference to the Al iance Charter
and, if further information is required, the Chair of
the ALT may set the issue aside for a subsequent
meeting. The ALT wil  have due regard to
submissions by the AMT and Al iance Manager in
making decisions and wil  ensure that al  members
of the ALT have access to such information
reasonably required to make the decision. If no
decision can be reached unanimously within a
reasonable period of time, the matter wil  be
referred to WWL's Board for final determination.
7.
AMT: The AMT wil  be responsible for day-to-day

operation and delivery of the Services. Membership of the
AMT wil  be as agreed between the Participants, and wil
include the Al iance Manager. Meetings of the AMT wil
be convened by the Al iance Manager and wil  be held
weekly or as otherwise agreed.
8.
Alliance Manager:

(a)
The Participants wil  jointly appoint an Al iance

Manager who wil  provide leadership and
guidance to the AMT. The initial Al iance Manager
wil  be nominated and resourced by the Al iance
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Partner, for approval by WWL. The initial Al iance
Manager is expected to be in the role for no less
than three years or for such other period agreed
by the Participants.

(b)
It is expected that the Al iance Manager position

wil  be used to develop and deepen the
management expertise in both Participant entities.
Therefore, unless otherwise agreed by the
Participants, the Participants wil  alternate in
making nominations for and resourcing the role.
9.
Replacement: ALT and AMT members may be replaced

from time to time (on 30 days' notice) during the term of
the Al iance by the relevant Participant who nominated
them. Either Participant's nominee must first be approved
by WWL (such approval not to be unreasonably withheld
or delayed).
10.    Reports and records:

(a)
The AMT wil  provide such reporting, at such

frequency, as required in the IAA / FAA and as
agreed between the Participants.

(b)
Under the IAA, the AMT wil  provide to the ALT

progress reporting against the milestones to
implement the Al iance, and such other reports as
required by the ALT, fortnightly or from time to
time, or as agreed between the Participants.

(c)
The Participants wil  keep and maintain

operational, financial and asset-related records
and information relevant to the Alliance for the
term of the Al iance and for seven years fol owing
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the expiry or termination of the Al iance, during
which time each of the Participants can access
these records and information with reasonable
notice to the other Participant.
Personnel, subcontractors, equipment and premises
11.
Personnel:

(a)
Subject to the WWL personnel joining the Al iance,

the Al iance Partner wil  provide al  personnel,
processes and resources, to set up and operate
the Al iance, so as to perform the scope of Services
and perform the relevant services set out in the
FAA.

(b)
Some roles required to provide the Services may

sit outside the Al iance. For example, some roles
may not be FTEs, while others may be fil ed (in
part or whole) by current WWL roles that
integrate with the Al iance.

(c)
Each Participant wil  undertake al  employer

responsibilities (eg salary, administering annual
and sick leave etc) in respect of those of its
personnel joining the Al iance.
12.   Key Personnel: The FAA wil  name certain members of the

Al iance as Key Personnel, on the basis that such personnel
are critical to the Al iance's success. This wil  include the
Participants' nominees for the ALT and the Al iance
Manager. The Participants are not to remove any Key
Personnel without good reason (such as sickness or
resignation) or as otherwise agreed between the
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Participants.
13.   Equipment: Subject to the equipment to be provided by

WWL, the Al iance Partner wil  provide al  other
equipment (including vehicles and tools) required by the
Al iance.
14.   Premises:

(a)
Subject to access to and use of the premises to be

provided by WWL, the Al iance Partner wil
provide al  premises required by the Al iance.

(b)
WWL wil  provide office accommodation at its

usual office premises, for use by the Al iance's
office-based roles and the customer hub.
15.
Non-solicitation: Neither Participant may actively solicit

for employment any employee or individual contractor of
the other Participant (although this wil  not prevent either
Participant from employing any person who responds to a
genuine public advertisement placed by the Participant).
16.
Secondments: The Participants recognise that

secondments of staff (including staff outside of the
Al iance) may be an appropriate means to develop the
Al iance. The Participants wil  actively consider a
programme for staff secondments, including to al ow
participation by members of WWL's graduate programme.
The terms of such secondments (including graduate
programme placements) wil  be as agreed between the
Participants.
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Data, technology and innovation
17.
Data: The Al iance wil  col ect al  the data required as part

of the Services. Al  data col ected by the Al iance wil  be:

(a)
owned by WWL; and

(b)
col ected in such format so as to be standardised

with other asset data held or to be held by WWL,
including in a single asset management system.
18.
Provision of technology: The Al iance Partner wil  provide

to the Al iance, and to WWL, during the term of the
Al iance, the technology proposed in its tender response
and described in the IAA / FAA.
19.
Continuity: Where the Al iance Partner proposes critical

Al iance systems to be provided by a third party, the
Al iance Partner shal  ensure that arrangements are in
place with the relevant third party / subcontractor to
ensure ongoing access and continuity of service during the
entire term of the FAA.
20.
Innovation: The Al iance Partner wil  bring and apply

innovation when performing the IAA / FAA, so as to ensure
that it is continual y open to seeking and applying creative
but fit for purpose solutions to achieving Al iance
outcomes and remedying Al iance issues, including relating
to the provision of Services.
Invoicing and payments
21.
IAA remuneration: WWL wil  remunerate the Al iance

Partner in the manner and to the amounts agreed and
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specified in the IAA. The IAA wil  include a detailed
schedule of costs and rates that make up the charges
payable by WWL to the Al iance Partner.
22.
FAA remuneration:

(a)
WWL wil  remunerate the Al iance Partner in the

manner and to the amounts agreed and specified
in the FAA. The FAA wil  include a detailed
schedule of costs and rates that make up the
charges payable by WWL to the Al iance Partner.

(b)
The Participants wil  review the FAA remuneration

framework in three year intervals from the
commencement of the FAA, to consider if the then
applicable remuneration framework remains
appropriate. This wil  not include a review of the
Al iance Partner's profit limb of the remuneration
framework.

(c)
For the avoidance of doubt, there wil  not be a

pain component in the event the Al iance fails to
meet the relevant KPIs.
23.
Invoicing: The charges agreed in the IAA and FAA wil  be

the sole compensation payable by WWL to the Al iance
Partner. The charges can be set out in a single invoice,
provided that, as required by WWL, there are
accompanying schedules separately setting out the
charges in respect of works relating to:

(a)
each client Council;

(b)
in respect of each client Council, on a per water

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basis; and

(c)
minor capex works.

24.
Transparency: The Al iance Partner acknowledges that it is

of paramount importance to WWL that all commercial
aspects of the Al iance are administered in a transparent
manner. Full and proper books of account and records
relating to the Al iance shal  be kept by the Al iance in
accordance with applicable accounting practice. This
financial information shal  be available at al  times for
inspection by each Participant and for audit purposes by
each Participant's respective auditors.
25.
Audit:  An audit of the financial records and other

information shal  be undertaken every 12 months from the
commencement of the FAA (or such other period agreed
by the ALT) by an independent auditor. The Participants
shal  ensure that al  costs are al ocated separate cost
codes to meet audit requirements. The costs incurred in
respect of the independent auditors shal  be borne by the
Al iance.
Performance Framework
26.
Standards of service: The Al iance Partner wil :

(a)
comply with al  applicable laws and maintain al

licences, approvals and permits required to
perform its obligations under the IAA / FAA;

(b)
ensure that al  its personnel, and al  WWL

personnel, are, when performing Al iance works,
suitably skil ed, experienced, qualified, and hold al
necessary licences, approvals and permits, for the
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relevant tasks or responsibilities undertaken by
such personnel;

(c)
comply with al  reasonable directions of the ALT;

(d)
provide the Services to meet or better the KRAs

and KPIs and to best industry standards;

(e)
maintain each work site, and each premises it

occupies, in a safe, clean and tidy condition;

(f)
ensure that al  services and materials provided to

the Al iance are suitable for their intended use;

(g)
not damage or adversely affect the property,

operations, reputation or goodwil  of WWL or any
WWL clients or the ultimate customers;

(h)
ensure that the Al iance does not damage any

third party property;

(i)
establish, implement and maintain, in consultation

with WWL, an Asset Operations and Maintenance
Plan, Quality Management Plan, and such other
plan or strategy that would be useful to facilitate
and ensure compliance with the terms of the FAA;

(j)
co-operate at al  times with WWL and third party

suppliers in relation to any matter relating to the
Al iance;

(k)
in recognition of the critical nature of the assets

managed by WWL, ensure appropriate and
adequate business continuity planning is
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undertaken and implemented (including the
Al iance to develop, within three months of the
commencement of the FAA, and tested and
updated annual y during the term of the Al iance,
a disaster recovery and business continuity plan
approved by WWL), so that the Services remain
available at al  times, including during and after
natural disasters, business disruptions, and
unexpected events; and

(l)
in performing the Services, exercise al  reasonable

care that would reasonably and ordinarily be
expected from a skil ed, reasonable and
experienced provider in the same or similar
circumstances, with reference to best
international standards and practice for the same
or similar services.
27.
Key Result Areas ("KRAs"): The FAA wil  specify the KRAs

that are important to WWL and its council clients. These
wil  be developed and formulated into specific KPIs.
28.
Key Performance Indicators ("KPIs"): Performance of the

Al iance wil  be measured by agreed KPI levels in
accordance with the fol owing principles:

(a)
The Al iance wil  report on al  KPIs at such

frequency and in such manner set out in the IAA /
FAA.

(b)
KPI performance wil  determine whether the

Al iance Partner receives the performance
incentive component of the remuneration under
the FAA (this is subject to paragraph 22).
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(c)
The Al iance wil  be deemed to have met al  KPIs in

the initial 18-month period from commencement
of the FAA.

(d)
The period of assessment of performance against

KPIs wil  be on a calendar year basis, ie from1
January to 31 December of each year of the
Al iance.
Health and Safety
29.
Policies and procedures: The Participants wil  agree, in

consultation with any relevant subcontractors or third
parties, detailed health and safety policies and procedures
for the Al iance to ensure compliance with al  applicable
health and safety laws and regulations.
30.
General: Without limiting the above, the Participants must

ensure that they, and ensure that their personnel (other
than those who are in the Al iance, which the Al iance wil
be responsible for):

(a)
comply with al  relevant health and safety

legislation, including the Health and Safety At
Work Act 2015;

(b)
have in place policies and procedures to ensure

compliance with al  applicable health and safety
laws and regulations;

(c)
maintain an agreed health and safety vision and

develop a health and safety culture;
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(d)
take all practicable steps to ensure that no act or

omission gives rise to, or is likely to give rise to,
the issue of any improvement or prohibition
notice, enforcement action or prosecution under
any health and safety legislation;

(e)
advise the ALT as soon as possible of:

(i)
any hazards or risks the Participant

identifies or creates and al  accidents,
incidents, and near misses, relating to the
Al iance;

(i )
al  notifiable events (as defined in the

Health and Safety At Work Act 2015)
relating to the Al iance; and

(i i)
any contact by any regulatory agency

regarding any health, safety and / or
environmental matter relating to the
Al iance; and

(f)
comply with the ALT's instructions in relation to

any health and safety matter, including the right to
removal any personnel.
31.
Removal: In accordance with any applicable employment

procedures, each Participant wil  promptly remove those
of its personnel who does not comply with health and
safety requirements when undertaking Al iance work.
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Intel ectual property
32.
New IP rights: Al  new intellectual property developed in,

or in connection with, the Al iance, wil  vest in the
Participants jointly, provided that WWL may, at any time
during or after the term of the Al iance, use any of the new
IP rights for any purposes in connection with its business,
without having to obtain the prior consent of the Al iance
Partner. Any use of the jointly owned IP rights by the
Alliance Partner, during or after the term of the Alliance,
wil  be subject at al  times to the confidentiality provisions
of the IAA / FAA. To the extent that any new IP does not
vest in WWL, the Al iance Partner wil  assign and / or
transfer such new IP rights to WWL (jointly with the
Al iance Partner) immediately upon its creation or, if this
cannot be achieved, grant or otherwise procure for WWL a
non-exclusive, royalty-free, irrevocable licence to use the
new IP for any purposes related to WWL's business during
or after the term of the Alliance.
33.
Existing WWL IP rights: Subject to the confidentiality

provisions, WWL wil  grant the Al iance Partner a non-
exclusive, royalty free, for the term of the Al iance, licence
to use existing IP rights of WWL for the purposes of
performing the Al iance Partner's obligations under the
IAA / FAA.
34.
Existing Alliance Partner IP rights: The Al iance Partner

wil  grant to WWL a non-exclusive, royalty free,
irrevocable licence to use existing IP of the Al iance
Partner for the purpose of the IAA / FAA.
35.
Warranty: Each Participant ("provider party") warrants

that use of the IP it provides wil  not infringe any third
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party IP rights. Each provider party wil  indemnify the
other Participant against al  costs, losses, damages and
claims that the other Participant (including each of its
personnel, agents, contractors, other representatives and
clients) incurs as a result of any claim that the IP rights
provided by the provider party under the IAA / FAA
infringes the IP rights of any third party.
Liability and dispute resolution
36.
No blame dispute resolution: The FAA wil  set out the

individual responsibilities of WWL and the Al iance
Partner, and the joint responsibilities of both Participants.
The Al iance wil  have a 'no blame' culture such that:

(a)
each Participant wil  waive al  rights of action

against the other Participant ("In-scope Dispute"),
other than in the event of wilful default, breach of
IP rights, breach of confidentiality or any loss or
damage incurred by a Participant that is not
related to, or in connection with, work undertaken
by the Al iance ("Out-of-scope Dispute");

(b)
In-scope Disputes wil  be resolved through good

faith negotiations (not arbitration or litigation)
with regard to the Al iance Charter, and escalated
as necessary to the ALT for decision-making (and if
necessary, determination as contemplated in
paragraph 6(f) above);

(c)
the Al iance wil  be responsible for any third party

claims against the Al iance, which wil  be satisfied
in the first instance, through the insurances
required at paragraph 38. Any amount of liability
to third parties not covered by insurance wil  be
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borne 50:50 by the Participants; and

(d)
the ALT wil  conduct and / or settle any

negotiations and / or litigation resulting from any
third party claims on behalf of the Al iance.
37.
Out-of-scope Dispute: Any Out-of-scope Dispute that is

not resolved by negotiation wil  be final y determined by
arbitration by one arbitrator, in Wellington, with the costs
of arbitration to be borne equally by the Participants
(subject, however, to any cost award by the arbitrator).
Insurance
38.
Insurance: The fol owing insurances must be effected and

maintained by the Participants as applicable, at their
respective own costs, and with reputable insurer(s) that is
/ are AA rated or better:

(a)
WWL wil  hold public liability cover of $20 mil ion

per event and in aggregate, which wil  be
extended to cover public liability incurred by the
Al iance;

(b)
each Participant wil  insure, to full replacement

value, each item of construction machinery that it
leases or owns, and that is used for the purposes
of the Al iance, where such item of construction
machinery has a market value of more than
$50,000;

(c)
each Participant wil  insure, to full replacement

value, each premises that it leases or owns, and
that is used for the purposes of the Al iance; and
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(d)
each Participant will, in respect of each motor

vehicle that it leases or owns, and that is used for
the purposes of the Al iance, hold insurance cover
of not less than $10,000,000 per claim and in
aggregate.

Other than in the event of wilful default of either

Participant, al  deductibles wil  be paid by the Al iance. In
the event of liability or damage being caused by the wilful
default of either Participant, that Participant will bear the
cost of the relevant deductibles.
39.
Notification: Each Participant must, as soon as practicable,

notify the ALT in writing of any occurrence relating to the
Al iance that may give rise to a claim under any of the
insurance policies (and shal  keep the ALT informed of
subsequent developments relating to the potential claim).
40.
Waiver of subrogation: Each insurance policy shal  include

a waiver of subrogation provision so that the insurer is
required to waive al  rights of subrogation or action in
respect of incidents in connection with the Al iance against
any of the Participants apart from rights of subrogation or
action arising out of wilful default by that other
Participant.
Term and termination
41.
Term: It is anticipated that the entire Al iance

arrangement (under the FAA) wil  span 10 years from 1
July 2019, after which WWL may, at its sole discretion in
each instance, extend the term by a further three years,
and after that, by a further two years.
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42.
Disengagement: The Al iance wil  develop, within 12

months of the commencement of the FAA, and updated
annual y during the term of the Al iance, a disengagement
plan approved by WWL, so that upon termination or
expiry of the FAA, the Al iance Partner wil :

(a)
provide al  reasonable assistance to WWL for up to

12 months in accordance with the disengagement
plan, or as agreed between the Participants, to
transition and handover provision of the Services
to WWL or any alternative supplier and to
minimise any business disruption arising from the
handover to WWL or an alternative supplier; and

(b)
wil  provide options for WWL to purchase

resources and equipment used by the Al iance
during the term of the Al iance (other than those
already owned by WWL) if WWL wishes to do so.
43.
Suspension / termination: WWL may suspend or

terminate (in whole or in part) the IAA / FAA by written
notice to the Al iance Partner in the event the Al iance
Partner:

(a)
is in material breach of the IAA / FAA and fails to

properly or promptly remedy the breach within 10
business days after written notice from WWL of
the breach;

(b)
suffers an insolvency event or ceases to carry on

al  or substantial y al  of its business or operations;

(c)
has a direct or indirect change of control or

change of ownership without WWL's consent;
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(d)
assigns, or attempts to assign, directly or

indirectly, the IAA / FAA other than in accordance
with paragraph 50 below; or

(e)
is unable to perform its obligations under the IAA /

FAA as a result of a force majeure event for 20
consecutive business days or an aggregate of 20
business days in any 12-month period.
44.
Direct loss: WWL shall have a right to recover any direct

costs, losses and damages incurred or suffered by WWL as
a result of any termination of the IAA / FAA as
contemplated in paragraph 43, including the reasonable
costs of retendering.
45.
Termination for convenience: WWL shal  be entitled to

terminate the IAA / FAA for convenience on 12 months'
notice. If such termination right is exercised, WWL wil
pay to the Al iance Partner the amount of actual and
reasonable sunk costs incurred by the Al iance Partner for
the Al iance (which could not be redeployed by the
Al iance Partner), up to an amount equivalent to the cost
of the Al iance to the Al iance Partner (excluding any profit
element) in the 12-month period immediately prior to the
notice of termination being given by WWL.
46.
Accrued rights: Expiry or termination of the IAA / FAA

does not affect any rights of the Participants that have
accrued before the date of termination of the IAA / FAA.
Confidentiality and media
47.
Confidentiality: Each Participant wil :

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(a)
ensure that al  confidential information of the

other Participant is kept absolutely secure and
confidential and is not disclosed to any person
other than those personnel whom disclosure is
necessary for the purposes of performing the IAA /
FAA; and

(b)
effect and maintain adequate security measures to

safeguard the other Participant's confidential
information from loss, unauthorised access, use,
modification or disclosure by unauthorised
persons.
48.
No media etc: Subject to carrying out any communications

plan agreed as part of the Services:

(a)
No media releases, public announcements or

public disclosures by any Participant relating to the
Al iance shal  be made without the prior written
approval of WWL.

(b)
The Al iance Partner wil  not use WWL as a

reference site or client, nor refer to WWL in any
way, including on social media, without WWL's
prior written approval.
Miscellaneous
49.
Amendments: Any amendments to the IAA / FAA are to

be agreed in writing between the Participants.
50.
No assignment: The Al iance Partner wil  not directly or

indirectly (including through change of control or change
of ownership) assign, transfer or otherwise dispose of its
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rights or interests in, or any of its obligations or liabilities
under, or in connection with the IAA / FAA, without WWL's
prior written consent.  Such consent wil  not be
unreasonably withheld, provided that WWL can withhold
its consent if it has concerns regarding:

(a)
the ability of the proposed assignee or transferee

to discharge the Al iance Partner's obligations
under the FAA;

(b)
the financial substance and / or reputation of the

proposed assignee / transferee, including where
that may lead to disrepute of WWL or any of its
client councils; or

(c)
the proposed timing of the proposed assignment

or transfer.
51.
No joint venture: Neither the IAA nor the FAA is intended

to create any legal partnership, joint venture or fiduciary
relationship between the Participants. A Participant shal
not have authority to act for, or to incur any obligation on
behalf of, the other Participant, except as expressly
provided in the IAA / FAA.
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Choose one and delete the other:
Having read and understood the Proposed Contract principles, I confirm that these terms and
conditions are acceptable. If successful, I agree to sign an agreement based on the Proposed
Principles, or such amended terms and conditions as are agreed with Wellington Water following
negotiations. OR
Having read and understood the Proposed Contract principles, I have the fol owing suggestions to
make. If successful, I agree to sign an agreement based on the Proposed Principles subject to
negotiating the following clauses:

5. Referees
•  Here you are asked to provide the names and contact details of your referees.
  These must be work related referees i.e. not a friend or family member.
•  The best referees are those for whom you have recently delivered similar goods
Supplier
or services.
tips
•  Before including their details check with them to make sure that they consent to
acting as referee on behalf of your organisation.
Please supply the details of two referees for your organisation. Include a brief description of the
goods or services that your organisation provided and when.
Please note: in providing these referees you authorise us to collect any information about your
organisation, except commercially sensitive pricing information, from the referees, and use such
information in the evaluation of your Proposal. You also agree that all information provided by the
referee to us will be confidential to us.

First referee


Name of referee:
[insert name of the referee]
Name of organisation:
[insert name of their organisation]
Goods/services provided:
[brief description of the goods/services you provided to this referee]
Date of provision:
[insert the date when you provided the goods/services]
Address:
[insert street address]
Telephone:
[insert mobile or landline]
Email:
[insert email address]

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04 May 2018
Second referee

Name of referee:
[insert name of the referee]
Name of organisation:
[insert name of their organisation]
Goods/services provided:
[brief description of the goods/services you provided to this referee]
Date of provision:
[insert the date when you provided the goods/services]
Address:
[insert street address]
Telephone:
[insert mobile or landline]
Email:
[insert email address]

Please contact me before you approach a referee for a reference
Yes/Not required

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04 May 2018
6. Our declaration
•  Here you are asked to answer questions and make a formal declaration.
  •  Remember to select ‘agree’ or ‘disagree’ at the end of each row. If you don’t you
wil  be deemed to have agreed.
Supplier
tips
•  Remember to get the declaration signed by someone who is authorised to sign
and able to verify each of the elements of the declaration e.g. chief executive or
a senior manager.
•  If you are submitting a joint or consortium Proposal each Respondent (supplier
involved in the joint or consortium Proposal) must complete a separate
declaration.

Respondent’s declaration


Topic
Declaration
Respondent’s
declaration
RFP Process, Terms
I/we have read and ful y understand this RFP,
[agree / disagree]
and Conditions:
including the RFP Process, Terms and Conditions
(shortened to RFP-Terms detailed in Section 6, as
amended by Section 1, paragraph 1.6. if applicable).
I/we confirm that the Respondent/s agree to be
bound by them.
Collection of further  The Respondent/s authorises the Buyer to:
[agree / disagree]
information:
a.  collect any information about the Respondent,
except commercially sensitive pricing
information, from any relevant third party,
including a referee, or previous or existing client
b.  use such information in the evaluation of this
Proposal.
The Respondent/s agrees that all such information will
be confidential to the Buyer.
Requirements:
I/we have read and fully understand the nature and
[agree / disagree]
extent of the Buyer’s Requirements as described in
Section 2. I/we confirm that the Respondent/s has the
necessary capacity and capability to fully meet or
exceed the Requirements and will be available to
deliver throughout the relevant Contract period.
Ethics:
In submitting this Proposal the Respondent/s warrants
[agree / disagree]
that it:
a.  has not entered into any improper, illegal,
collusive or anti-competitive arrangements with
any Competitor
b.  has not directly or indirectly approached any
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04 May 2018
representative of the Buyer (other than the Point
of Contact) to lobby or solicit information in
relation to the RFP
c.  has not attempted to influence, or provide any
form of personal inducement, reward or benefit
to any representative of the Buyer.
Offer Validity
I/we confirm that this Proposal, including the price,
[agree / disagree]
Period:
remains open for acceptance for the Offer Validity
Period stated in Section 1, paragraph 1.6.
Conflict of Interest
The Respondent warrants that it has no actual,
[agree / disagree]
declaration:
potential or perceived Conflict of Interest in
submitting this Proposal, or entering into a Contract
to deliver the Requirements. Where a Conflict of
Interest arises during the RFP process the
Respondent/s will report it immediately to the Buyer’s
Point of Contact.
Details of conflict of interest: [if you think you may have a conflict of interest briefly describe the conflict
and how you propose to manage it or write ‘not applicable’].
DECLARATION
I/we declare that in submitting the Proposal and this declaration:
a.  the information provided is true, accurate and complete and not misleading in any material
respect
b.  the Proposal does not contain intel ectual property that wil  breach a third party’s rights
c.  I/we have secured al  appropriate authorisations to submit this Proposal, to make the
statements and to provide the information in the Proposal and I/we am/are not aware of any
impediments to enter into a Contract to deliver the Requirements.
I/we understand that the falsification of information, supplying misleading information or the
suppression of material information in this declaration and the Proposal may result in the Proposal
being eliminated from further participation in the RFP process and may be grounds for termination of
any Contract awarded as a result of the RFP.
By signing this declaration the signatory below represents, warrants and agrees that he/she has been
authorised by the Respondent/s to make this declaration on its/their behalf.

Signature:
Full name:
Title / position:
Name of
organisation:
Date:

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Document Outline