PDF Stage 2 Processes Procurement Plan 2008 09 11.pdf

Systems Replacement Project

Stage 2 Processes: Procurement Plan

Version: 1.1
Last Updated: 11 September 2008

Systems Replacement Project

Stage 2
1  Executive Summary
The Systems Replacement Project (SRP) aims to replace several  of The Correspondence School‟s
existing  business  applications,  including  Xtend  and  ākona,  with  new  systems,  and  to  provide
additional  content  management  functionality  for  managing  both  learning  materials  and  general
corporate documents.
The  approach  which  will  be  adopted  to  securing  new  applications  will  be  to  identify  commercial  off-
the-shelf products from the market, rather than to develop bespoke software. These products will be
secured by means of a competitive tender process, as set out in this document.
Three tenders are included in the scope of this document, namely:
•  Student Management System (SMS)
•  Learning Management System and Learning Content Management System (LMS/LCMS), which
we have “branded” as our Online Teaching and Learning Environment (OTLE)1
•  Electronic Document and Record Management System (EDRMS)
In broad detail, the tender process will proceed as follows:
•  RFP  documents,  including  detailed  requirements  and  a  model  contract,  have  been  widely
advertised, including on the NZ Government Electronic Tender Service website, which is widely
monitored by vendors.
•  Various  formal  avenues  for  intending  respondents  to  ask  and  have  answers  provided  to  their
questions have been defined.
•  Proposals will be logged and stored securely, but not opened until the tender closes.
•  All proposals will be opened together after the tender closes, and a précis prepared.
•  The  précis  and  copies  to  the  proposals  will  be  provided  to  evaluation  teams,  who  will  use  a
common  evaluation  template  to  score  responses  individually.  Then  the  evaluation  teams  will
each meet as a group to compile aggregate scores and rankings.
•  One team, the Business Evaluation Team, which is common to all three  tenders, will prepare a
short list of vendors with whom to proceed to presentations. All evaluation teams will document
their findings in brief Evaluation Reports.
•  As soon as the short lists are known, work will commence on updating the business cases.
•  Short  listed  vendors  will  present  their  proposals,  provide  generic2  demonstrations  of  their
offerings, and answer questions from TCS selection staff.
•  A Selection Panel will choose the preferred vendor(s), and commence due diligence, a primary
component of which is careful reference checking.
•  The Selection Panel will make final recommendations to the Board of Trustees for approval.
•  The contract(s) will be completed in two steps, because completing all of the schedules to the full
contracts  will  require  considerable  investigative  work  (actually,  the  beginning  of  the
implementation project) and take a few weeks. However, the principles of the agreement can be
settled relatively quickly, and documented in a heads of agreement ahead of the full contracts.
•  Unsuccessful  vendors  will  be  notified  and  thanked  for  their  participation.  At  TCS‟s  discretion,
debriefing meetings may also be provided.
The timetable for the process aims at completion of the contracts in November or December 2008.

1 We have done so to avoid being “typecast” as wanting a traditional LMS, because our requirements,
particularly in respect of cohort management, are atypical.
2 There will be insufficient time for vendors to perform any customisation of their products; what we
will see wil  be their “out of the box” product.
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Systems Replacement Project

Stage 2
2  Introduction
2.1  Project Background
The Systems Replacement Project (SRP) aims to replace several  of The Correspondence School‟s
existing  business  applications,  including  Xtend  and  ākona,  with  new  systems,  and  to  provide
additional  content  management  functionality  for  managing  both  learning  materials  and  general
corporate documents.
The approach which wil  be adopted to securing new applications will be to identify “commercial” off-
the-shelf products from the market, rather than to develop bespoke software.
The programme will progress in three stages, with approval “gates” between them:
Stage 1: Preparation of the tender documents (complete)
Stage 2: Tendering, evaluation, product selection, contract negotiations (described herein)
Stage 3: Implementation
Three systems fall within the scope of this procurement plan, namely:
•  Student Management System (SMS)
•  Online Teaching and Learning Environment (OTLE), in turn comprising:
o  Learning Management System (LMS)
o  Learning Content Management System (LCMS)
o  and possibly some additional collaboration components
•  Electronic Document and Record Management System (EDRMS)
Selection of one or more vendors to provide replacement software will be conducted by open tender,
as described herein.
The Procurement Plan is dependent upon the inclusion of complete and clear descriptions of the new
system  requirements  within  the  Request  for  Proposal  (RFP)  documents  prepared  during  project
Stage 1.
Abbreviations and common terms used in this Procurement Plan are defined in Appendix A.
2.2  Purpose
The  purpose  of  this  Procurement  Plan  is  to  define  the  process  that  TCS  will  employ  to  identify  and
engage external vendors to supply and implement the new SRP applications.
2.3  Scope
Three tenders are included in the scope of this document, namely:
•  Student Management System (SMS)
•  Learning Management System and Learning Content Management System (LMS/LCMS), which
we have “branded” as our Online Teaching and Learning Environment (OTLE)
•  Electronic Document and Record Management System (EDRMS)
In each case, the scope for the services to be supplied includes:
•  Specification and design
•  Analysis and definition of detailed functional requirements
•  Application configuration/customisation design
•  Establish host environment
•  Implementation
•  Integration
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Systems Replacement Project

Stage 2
•  Data migration
•  Testing
•  System documentation
•  Training
•  Support services
2.4  References
The following are the reference documents for this Procurement Plan:
Reference
Description
TCS Procurement
TCS Governance Policies, Procurement Policy, BOT reference March 2007, Item 13)
Policy
Programme
The PID is a reference document against which the Systems Replacement Project
Initiation Document
activities and deliverables can be assessed.
(PID)
Mandatory Rules for
Standards and procedural requirements for the conduct of procurement by government
Procurement by
departments. Published 2 May 2006.
Departments
http://www.med.govt.nz/templates/MultipageDocumentTOC
19669.aspx
Government
This Ministry of Economic Development guide explains the Governments procurement
Procurement in
principles and is intended to help government departments and other taxpayer-funded
New Zealand –
agencies to support the Government's Procurement Policy.
Policy Guide for
http://www.med.govt.nz/templates/MultipageDocumentTOC
29467.aspx
Purchasers
Procurement: A
The Auditor-Generals publication that sets out the principles of good practice and gives
Statement of Good
detailed advice on planning and conducting the procurement process and contract
Practice
management.
http://www.oag.govt.nz/2008/procurement-guide/
Guidelines for
These State Service Commission and Treasury guidelines set out the expectations and
Managing and
standards for managing and monitoring major IT projects within the New Zealand
Monitoring Major IT
Government sector.
Projects
http://www.ssc.govt.nz/display/document.asp?DocID=6418
In addition, several general policy documents (including the Code of Conduct, Privacy Procedures for
staff  including  contractors,  Media  and  Public  Enquiries  Policy,  and  the  draft  Conflict  of  Interest
Procedures for staff) were consulted, to ensure consistency with overall TCS policy.
2.5  Terms and Definitions
The definitions of terms and abbreviations used in this document can be found in Appendix A.
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Stage 2
3  Procurement
3.1  Regulatory Requirements
The New Zealand public sector is expected to conduct procurement activities based on the principles
of:
•  best value for money over whole of life;
•  open and effective competition; and
•  fair opportunity for domestic vendors
(refer Policy Guide for Purchasers, issued by the Ministry of Economic Development).
Although  not  required  to  do  so  by  law,  TCS  voluntarily  complies  with  the  Mandatory  Rules  for
Procurement  by  Departments,  published  by  the  Ministry  of  Economic  Development  (refer  to  TCS
Governance Policies → Procurement Policy, BOT reference March 2007, Item 13).
In  summary,  the  Mandatory  Rules  “reflect  and  reinforce  New  Zealand‟s  established  policy  of
openness and transparency in [public sector] procurement.”
These principles have also been applied in the preparation of this  Procurement  Plan, along  with the
best  practice  recommendations  and  rules  provided  in  the  other  documents  listed  in  the  references
section.
3.2  Approach
The procurement process comprises the following steps:
•  Publish  open  Requests  for  Proposal  on  the  New  Zealand  Government  Electronic  Tenders
(GETS) web site.
•  Initial scan to identify compliant/non-compliant responses
•  Evaluation Team scoring and ranking
•  Short-listing for presentations
•  Final selection
•  Rework Business Cases
•  Sign-off
•  Agree basic contract parameters; sign heads of agreement
•  Commence analytical work, partly to inform contract schedules
•  Sign full contract
A graphical view of the steps to this process is provided below.
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Stage 2
3.4  Overview and Timetable
An approximate timetable for the principal milestones is set out below. Milestones advised to vendors
in  the  RFP  documents  are  indicated  (“In  RFP?”  column)  together  with  quicker  and  slower  time
forecasts  which  are  not  necessarily  best  case  and  worst  case  estimates  (more like  lower  and  upper
quartile).
A more detailed timetable is maintained in the project documentation.
Event
In RFP?
Quicker
Slower
Issue SMS+OTLE RFP
Y (11 Aug)
11-Aug-08
11-Aug-08
Issue EDRMS RFP
Y (18 Aug)
18-Aug-08
18-Aug-08
Q&A SMS+OTLE
Y (25 Aug)
25-Aug-08
25-Aug-08
Q&A EDRMS

1-Sep-08
1-Sep-08
Appoint administrator

1-Sep-08
8-Sep-08
Finalise functional evaluation matrices

8-Sep-08
8-Sep-08
Finalise functional evaluation teams

8-Sep-08
8-Sep-08
Brief functional evaluation teams

12-Sep-08
12-Sep-08
RFP Closes
Y (15 Sep)
15-Sep-08
15-Sep-08
Open and inventory responses

16-Sep-08
16-Sep-08
Take COI declarations

18-Sep-08
18-Sep-08
Précis responses, copying, etc.

22-Sep-08
29-Sep-08
October BOT meeting

1-Oct-08
1-Oct-08
Short-list
Y (6 Oct)
6-Oct-08
13-Oct-08
Revise business case

13-Oct-08
20-Oct-08
Presentation
Y
13-Oct-08
20-Oct-08
Final Selection

20-Oct-08
3-Nov-08
Reference Check
Y (27 Oct)
27-Oct-08
10-Nov-08
Revised BC approved

27-Oct-08
10-Nov-08
Commence Negotiation
Y (27 Oct)
27-Oct-08
10-Nov-08
Notification
Y (3 Nov)
3-Nov-08
17-Nov-08
Limited Commencement

3-Nov-08
17-Nov-08
November BOT meeting

5-Nov-08
5-Nov-08
Contract Completed

24-Nov-08
22-Dec-08

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Stage 2
4  RFP Procedures
The  purpose  of  the  RFP  process  is  to  solicit  responses  in  the  form  of  proposals  from  appropriate
vendors  to  supply  and  implement  suitable  applications,  assist  with  training,  and  provide  on-going
support  services  for  the  replacement  systems.  The  requirements  of  the  systems  are  detailed  in  the
Request for Proposal documents.
The RFP process must collect enough information to allow the selection of the preferred vendor and
for  the  planning  and  negotiation  of  an  engagement  contract.  The  RFP  documents  set  out  the
information required and include details of the following:
•  the deliverables and specific duties that the successful vendor will be required to perform;
•  the mechanisms for communications prior to contract awards, and terms and conditions that the
vendor must adhere to if awarded the contract;
•  instructions  that  cover  the  vendor‟s  proposal  content  as  wel   as  requirements  for  physical
preparation and delivery of the proposal, and
•  the criteria on which each proposal will be assessed.
The  key  principle  in  administrating  the  tendering  process  is  to  ensure  that  all  potential  vendors  are
treated  in  a  fair  and  equitable  manner.  The  following  sections  detail  the  RFP  process  activities  that
are to be performed to ensure that this principle is applied.
A  high  level  explanation  of  the  process,  together  with  strict  compliance  rules,  is  outlined  to
prospective RFP respondents in Part A of the tender documentation (especially Section 4.2).
4.1  RFP Issue
The RFP package will be posted on GETS (automatically picked up by the Australian Tenders.Net) to
ensure:
•  widest possible advice to potential vendors in the New Zealand market
•  effective  point-in  time  publication  ensures  no  vendor  receives  an  undue  time  advantage  or
disadvantage.
Additionally, individual vendors that have previously  indicated an interest  in providing to TCS  will  be
notified that the RFP is published, and advised of the GETS reference number.
4.2  Communications – General
4.2.1  Protocol
Respondents wishing to clarify the requirements of the RFP or requiring further information in order to
respond are required to observe the contact protocol set out below (Part A, Section 4.1.4):
1  TCS staff are not to be approached directly, or by phone, fax or letter.
2  Where there is a need for follow-up questions or clarification, these must be requested in writing
via e-mail to a purpose-built email address which is monitored by the Programme Manager, and
be  received  by  TCS  no  later  than  five  days  before  the  closing  date  for  the  submission  of
proposals.
3  The nature and the purpose of the request should be clearly stated by the Respondent.
4  At  its  discretion,  TCS  may  schedule  a  meeting  or  provide  clarification  or  further  information  by
other means.
4.2.2  Single Point of Contact
Proposals  are  required  to  include  the  name  and  full  contact  details  of  a  nominated  Coordinating
Officer,  acting  for  the  Respondent  as  a  single  point  of  contact  through  which  further  discussion  or
information about its proposal can be co-ordinated (Part A, Section 4.1.6).
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4.2.3  Registration of Intent to Respond
Vendors have been advised (but are not required) to “register” their intention to respond (RFP Part A,
Section 4.1.5).
The Programme Manager will maintain the register.
All communications are via purpose-built email accounts; copies of all emails will become part of audit
log which will be included as an appendix to the Tender Evaluation Report.
The  Programme  Manager  will  monitor  email  accounts  and  coordinate  responses  (with  appropriate
advice).
4.3  Requests for Additional Information
The following procedures will be applied when vendors request additional information:
•  the RFP specifies the single point of contact at TCS for requests for additional information or for
clarification on the interpretation of the requirements;
•  the mandatory recording of the questions and responses given;
•  the maintenance of an Intending Respondent register to record RFP package copy holders, and
•  any  amendment  to,  or  clarification  of,  the  tender  documents  are  passed  to  the  RFP  package
copy holders by way of a formal notification.
4.4  Receiving Responses
4.4.1  On Time
The following procedures are to be implemented for the receipt of responses to the RFP:
•  the date and time of receipt of each response is to be recorded;
•  responses will be securely stored until they are opened, and
•  responses will not be opened until the nominated closing time.
4.4.2  Late Responses
Where a late proposal  is received, the time and date of receipt shall be noted  on the document and
endorsed  by  the  recipient.  Late  and  incomplete  proposals  may  be  admitted  to  evaluation  at  the
absolute  discretion  of  TCS  (RFP  rules,  Part  A,  Sections  4.2.2  and  4.2.29).  In  deciding  whether  to
admit a late proposal for evaluation, the TCS may take into account any factors it considers relevant,
including without limitation:
•  whether the late vendor is likely to have had an opportunity to obtain some unfair advantage from
a late submission;
•  the lateness of the proposal;
•  the reasons given for lateness and evidence available;
•  whether the proposal was mishandled by the TCS, by an official postal service or by a reputable
delivery service, and
•  evidence of unfair practices.
4.4.3  Individual Vendor Extensions
TCS will not agree to a request by an individual vendor to extend the time for submitting a proposal,
unless there are exceptional circumstances.
In  such  a  case,  the  extension  will  be  advised  by  means  of  an  addendum  to  the  RFP  documents,
which  is to be  given  to al   vendors‟  with sufficient notice to enable all to  benefit  (RFP rules,  Part A,
Sections 4.2.11).
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Stage 2
4.5  RFP Recall
TCS has reserved the right (Part A, Section 4.2.30) in its sole discretion to withdraw, cancel or amend
this RFP at any time.
The RFP may be recalled if:
•  all of the responses received are non-compliant – whether contractually or technically;
•  the  responses  received  cannot  be  adequately  or  fairly  compared,  in  the  view  of  the  Evaluation
Teams;
•  there is evidence of collusion between vendors, or
•  there has been a significant change to the requirement.
All vendors will be formally advised that tenders have been recalled, and the reasons for the decision.
However,  TCS  will  not  be  liable  to  compensate  any  Respondent  if  the  RFP  process  is  cancelled,
withdrawn or amended.
TCS has reserved the further right (Part A, Section 4.2.29) to “not accept the lowest or any proposal,
or enter into any contract”
4.6  Extending the Tendering Period
If  it  becomes  necessary  to  recall  the  RFP  and  reissue,  the  tender  period  is  to  be  extended  as
appropriate.
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Stage 2
5  Evaluation Process
Processes must be constructed and carried out ethically and with probity, to ensure those involved in
purchasing  activities  act  with  honesty  and  maintain  the  highest  ethical  standards  in  all  business
dealings.
They must ensure:
•  that the tendering processes is conducted with honesty, fairness and in good faith;
•  any conflict of interest or potential conflict of interest will be managed as soon as possible after it
has been declared or discovered;
•  participants in the procurement and evaluation process do not engage in any practice, including
an improper inducement, which gives anyone an unfair advantage over another;
•  vendors submitting responses and proposals must be prepared to attest to their probity, and not
engage in any form of collusive practice;
•  each  potential  vendor  must  be  subject  to  the  same  terms  and  conditions  of  tendering  as  every
other potential vendor;
•  all  requirements  must  be  clearly  specified  in  the  tender  documents  and  criteria  for  evaluation
must be clearly indicated;
•  evaluation  of  proposals  must  be  based  on  the  conditions  and  selection  criteria  defined  in  the
tender documents and evaluation plans;
•  to  protect  the  integrity  of  the  procurement,  appropriate  standards  of  confidentiality  must  be
maintained by all Evaluation Team members and key individuals, and
•  all participants meet their legal obligations.
Sourced from Procurement Statement of Good Practice, Office of the Auditor-General (OAG)
5.1  Précis
The  Programme  Administrator  will  prepare  a  précis  of  responses  for  evaluation  teams,  including
whether  conforming  to  RFP  rules,  key  features  of  response;  make  additional  copies  or  excerpts  as
required.
5.2  Evaluation Teams
Three  Evaluation  Teams  will  be  established,  each  with  a  specialist  focus:  (1) functional/operational,
(2) financial,  and  (3) business.  They  will  be  supported,  where  required,  by  additional  specialist
(e.g. legal) advice.
5.2.1  General Responsibilities
The Evaluation Teams will be responsible for:
•  maintaining probity;
•  validation of the evaluation criteria and weightings;
•  evaluating the responses in accordance with the criteria and methodology;
•  documenting the evaluation process;
•  preparing an Evaluation Report;
•  assisting  the  Programme  Board,  as  may  be  requested,  with  final  selection  and  reference
checking;
•  debriefing the unsuccessful respondents.
Additionally, the business  Evaluation Team will be charged with the further responsibility of collating
the scores and comments of all three teams, to develop an overall ranking.
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5.2.2  Composition of Teams
5.2.2.1  Business Evaluation Team
The Business Evaluation Team comprises the CEO and three DCEs, and the same team will assess
proposals for all applications: SMS, OTLE and EDRMS.
The focus of the business evaluation is two-fold:
•  Suitability  of  the  vendor  as  a  business  partner  for TCS,  including  consideration  of  the  vendor‟s
acceptance, or proposed changes, of the pro forma contract included in the RFP
•  Risk assessment of the vendor, the product, the contract, and the implementation plan (informed
by appropriate input from Financial and Functional Teams)
5.2.2.2  Financial Evaluation Team
The Financial Evaluation Team comprises the DCE Capability Services and CFO.
The same team will assess proposals for all applications: SMS, OTLE and EDRMS.
The focus is:
•  Financial security of vendor
•  Assessment of cost schedule (coherent, comprehensive, total cost over lifetime)
5.2.2.3  Functional Evaluation Teams
The Functional Evaluation Teams will assess both (1) the functional  and operational suitability of the
products and (2) the Respondents‟ implementation plans, against the defined business needs.
Subject to possible final adjustments, the membership of each of the teams is:
Person
SMS
OTLE
EDRMS










 chair

 chair






















 chair


















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Person
SMS
OTLE
EDRMS






5.2.3  Specialist Advice and Support
Evaluation  Teams  may,  as  required,  call  upon  specialist  advice  to  assist  in  the  evaluation  process.
The areas of experience may include:
•  subject matter knowledge, from operational staff
•  probity
•  legal issues
5.3  Team Conduct
Evaluation  team  members  must  perform  their  duties  and  conduct  themselves  in  a  manner  which
maintains the integrity of the process and results in a fair and unbiased treatment for all vendors.
5.3.1  Communication with Vendors
It is possible that some aspects of Respondents‟ proposals may be unclear to the Evaluation Teams,
and clarification may be sought from individual Respondents.
Informal  communication  between  the  Evaluation  Team  and  Respondents,  however,  could  prejudice
the  integrity  of  the  procurement  evaluation.  Thus,  all  communication  with  external  parties  is  to  be
conducted as follows:
•  The  text  of  the  communication  will  be  reviewed  and  approved  by  the  Chairperson  of  the
Evaluation Team.
•  A  copy  will  be  provided  to  the  Programme  Manager,  who  will  record  it  and  file  the  copy  in  the
audit log which will be included as an appendix to the Tender Evaluation Report.
Such  communications  shall  not  be  revealed  to  any  other  party,  except  in  accordance  with  this
Procurement Plan.
5.3.2  No Canvassing/Undisclosed Benefits
Evaluation team members may not accept any gifts, including, without limitation, hospitality, from any
of the Respondents, for a specified period after the evaluation.
The  RFP  rules  (RFP  Part  A,  Section  4.2.19)  forbid  Respondents‟  representatives  from  directly  or
indirectly  canvassing  or  offering  any  form  of  inducement  or  reward  to  any  TCS  representative  in
respect of this RFP, and advises that the likely consequence of any such behaviour is the immediate
rejection of the Respondent‟s proposal.
Any  evaluation  team  member,  believing  themselves  to  have  been  improperly  contacted,  should
immediately  inform  the  Programme  Manager  who  will  record  the  details  in  the  audit  log  and
immediately escalate the matter to the Programme Board.
5.3.3  Declarations of Interest
“Impartiality and transparency in public administration are essential to maintaining the integrity of the
public  sector.  Where  activities  are  paid  for  by  public  funds  or  are  carried  out  in  the  public  interest,
members of Parliament, the media, and the public will have high expectations.”
However,  “[i]n  a  small  country  like  ours,  conflicts  of  interest  in  our  working  lives  are  natural  and
unavoidable. The existence of a conflict of interest does not necessarily mean that someone has done
something  wrong,  and  it  need  not  cause  problems.  It  just  needs  to  be  identified  and  managed
carefully”  (from  Managing  conflicts  of  interest:  Guidance  for  public  entities,  Office  of  the  Auditor-
General).
Evaluation Team members are required to disclose any actual or apparent conflict of interest and take
steps  to  avoid  that  conflict.  The  responsibility  lies  with  each  Evaluation  Team  member  to  promptly
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identify and disclose to the chairperson any actual, perceived or potential conflicts of interest involving
themselves, their immediate family or any other relevant relationship.
All disclosures of conflicts should be fully documented.
5.3.4  Confidentiality of Information
The RFP (Part A, Section 4.2.13) commits TCS to using best efforts to maintain the confidentiality of
information  submitted  in  Respondents‟  proposals,  while  noting  that  TCS  is  “subject  to  various
disclosure obligations, such as the Official Information Act 1982.” Respondents are advised to clearly
indicate those parts of their proposals which they regard as commercially sensitive and confidential.
Maintaining  the  highest  levels  of  confidentiality  is  essential  to  ensuring  the  probity  and  fair  dealing
within  the  procurement  process.  Confidentiality  is  essential  at  all  stages  of  the  process  and
information should only be provided to people outside the Evaluation Team only on a „need to know‟
basis. The number of persons given access or having access to the information should be kept to an
absolute minimum.
The  disclosure  of  information  contained  in  responses  may  prejudice  the  commercial  interests  of  the
companies  concerned  and  the  bargaining  position  of  the  TCS  during  subsequent  contract
negotiations.
Where  consultants  are  engaged  to  provide  specialist  advice  or  undertake  part  of  the  evaluation  of
tenders  they  will  be  required  to sign  a  Confidentiality  Agreement,  and  undertake  not  to disclose  any
confidential information for a specified period after the evaluation.
All documents and proceedings of the procurement process are „Commercial-in-Confidence‟ and are
to be secured when not in use by members of the Tender Evaluation Team.
5.4  Briefing
All members of the Evaluation Teams are to be made aware of their responsibilities, required conduct,
and the need to demonstrate impartiality and equity to all respondents.
5.5  Methodology
5.5.1  Filtering
Non-compliant  proposals  may  be  considered  at  TCS‟s  sole  discretion  (RFP  rules,  Part  A,  Sections
4.2.2 and 4.2.29).
Proposals  may  be  initially  eliminated  from  further  consideration  for  such  deficiencies  as  late
submission, poor preparation, or an evident lack of understanding TCS‟s requirements.
Proposals  so  eliminated  will  be  set  aside,  and  only  re-admitted  to  consideration  if  the  qualifying
responses fail to meet expectations.
5.5.2  Scoring
Each  Evaluation  Team  will  consider  each  of  the  proposals  using  the  agreed  evaluation  criteria,
scoring and weightings.
Each Evaluation Team member is asked first to read and evaluate each proposal independently: The
RFP  response  evaluation  scoring  will  be  completed  individually  by  each  Evaluation  Team  member
using  an  Evaluation  Spreadsheet  created  for  this  purpose.  All  the  Evaluation  Team  members  will
participate  in  the  evaluation  of  responses,  and  there  will  be  no  reviewer  weightings  applied  to  the
score each generates.
Questions  arising  during  scoring  may  be  posed  to  the  Respondent  using  the  protocol  described  in
Section 4.3.
The  Evaluation  Team  will  then  meet  to  examine  their  aggregate  scores,  and  use  this  and  the
evaluation of proposal risk and cost/ price evaluation to determine the most suitable vendors from the
perspective of their evaluation focus.
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5.5.3  Evaluation Report
Each  Evaluation  Team  is  to  complete  an  evaluation  report  at  the  end  of  the  evaluation  process,  for
consideration by the Selection Panel. The following information is included in the evaluation report:
•  background to the process;
•  the evaluation process, including
o  the order of preference of tenders;
o  comments and scores against each criteria;
•  any further recommendations, such as
o  proposed methods for management of risks;
o  identification of any matters which should be resolved by negotiation, and
o  recommendations for vendor engagement.
5.5.4  Short Listing (Down Select)
The Business Evaluation Team will collate the scores and comments of all three teams, to develop an
overall ranking.
The exact number of short-listed vendors will depend upon the construction of the proposals (whether
individual or joint) and whether TCS needs to confirm a specific consortium.
Notwithstanding practical limitations to the number of vendors which can be investigated in detail in a
reasonable  time,  good  proposals  should  not  be  excluded  at  this  stage  simply  to  “keep  the  numbers
down”.
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6  Selection Process
6.1  Selection Panel
Final  selection  will  be  made  by  a  Selection  Panel,  comprising  the  Systems  Replacement  Project
Board members.
6.2  Revision of Business Case
Proposals  are  required  to  present  high-level  project  plans  and  full  financials  for  the  supply  and
implementation  of  the  applications.  Using  this  information,  it  will  be  possible  to  revise  the  existing
business cases and perform risk modelling for the short-listed responses.
A final revision will be prepared upon final vendor selection.
6.3  Presentations
Short listed Respondents will asked to present their proposals.
The  presentations  will  provide  them  with  an  opportunity  to  highlight  the  key  strengths  of  their
proposals  and  demonstrate  the  key  features  of  their  applications.  A  Q&A  session  will  provide  TCS
staff with the opportunity to probe key aspects of each short-listed proposal.
Minutes  will  be  taken  at each  session,  to  record  any  deviations  or  information  which  is  additional  to
that provided in the proposals. The Programme Manager will request the vendor to confirm any such
departures in writing, as soon as practical after the presentations.
The Selection Panel may reassess proposal scores after the presentations.
6.4  Final Selection
The final step is to compile a final, overall ranking of the short-listed Proposals from consideration of:
•  the Evaluation Reports from the separate teams;
•  the presentations by short-listed Respondents;
•  the revised business case, including the risk analysis; and
•  the qualitative aspects of the vendors and proposals, which are not easily captured with scores
and weightings.
Final  selection  will  be  performed  by  the  Selection  Panel.  In  the  event  the  Panel  is  not  unanimous,
additional  weight  will  be  accorded  the  views  of  the  TCS  employees,  whose  association  with  the
chosen vendors and products will be longer those that of the external members.
Following final selection, a recommendation forwarded from the Systems Replacement Project Board
to the BOT.
A  summary  of  key  considerations  and  notification  of  the  final  selection  should  be  provided  to  the
Programme Manager for inclusion in the Tender Evaluation Report.
6.5  Due Diligence
Having  made  a  final  selection,  the  Selection  Panel  will  commission  all  necessary  research  of  the
short-listed vendors to assure their likely performance.
The key element of the research will be careful and detailed reference checking, preferably in person.
The  person  performing  reference  checking  should  not  be  a  member  of  the  Selection  Panel,  but
another trusted senior TCS manager.
Accurate records of due diligence enquiries and findings will be copied to the Programme Manager for
inclusion in the revised Business Case, and the Tender Evaluation Report.
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7  Agreement and Notification
7.1  Two Step Process
Once  TCS  is  satisfied  that  the  provider  can  deliver  the  services,  the  next  step  is  to  negotiate  the
contract itself. The contract sets out each party‟s undertakings to the other and is based on the criteria
defined in the RFP and the vendor‟s response. The content and wording of the expected contract is
included in the RFP document and the vendor‟s acceptance, or proposed changes, of that contractual
framework is to be considered as part of the RFP response evaluation.
As  further  elaborated  below,  the  tender  documents  included  firm  and  specific  guidance  to  the  form
and content of the final contract which TCS expects to execute with the successful vendors.
Completing  all  of  the  schedules  to the  contract  will  require  considerable  investigative  work (actually,
the  beginning  of  the  implementation  project)  and  take  a  few  weeks.  However,  the  principles  of  the
agreement can be settled relatively quickly, allowing us to notify the unsuccessful vendors, and move
forward with the implementation more confidently.
Accordingly,  a  two  step  process  is  planned,  in  which  an  initial  heads  of  agreement  is  reached,
followed by the completion of the full contract schedules and signing of the contract itself two or three
weeks later.
7.2  Negotiation
7.2.1  Heads of Agreement
Negotiation  can  commence  once  the  revised  Business  Case,  and  the  Selection  Panel‟s
recommendation, have been accepted.
The initial focus of negotiation with the preferred Respondent is the heads of agreement.
This  step  will  end  with  the  signing  a  heads  of  agreement  which  gives  both  parties  sufficient
confidence to commence the initial work required to populate the schedules of a full contract.
The heads of agreement will be reviewed by legal counsel before it is signed.
7.2.2  Essential Terms and Conditions
A draft Supply and Implementation Agreement is included with the RFP documents. Subject to supply
of  the  necessary  detailed  content,  TCS  expects  to  execute  this  Supply  and  Implementation
Agreement with the successful Respondent.
All  Respondents  are  required  to acknowledge  in  their  proposals  that  they  have  read  and  accept  the
terms and conditions set forth in the agreement as the basis of a contractual relationship with TCS, if
selected as the supplier. The willingness of Respondents to meet TCS‟s contractual requirements is a
factor that will be taken into account in the evaluation of proposals.
Where any provision of the terms and conditions is not acceptable to a Respondent, the Respondent
must in each case:
•  identify the specific provision that is not accepted;
•  provide the reasons for non-acceptance;
•  propose  alternative  wording  for  the  clause  that  would  reasonably  protect  the  interests  of  both
parties; and
•  confirm that all other clauses in the agreement are acceptable.
TCS  will,  at  its  absolute  discretion,  take  such  proposed  amendments  into  account  during  the
evaluation process, but TCS is under no obligation to accept any such proposed amendments.
TCS has reserved the right to amend or replace all or any part of the terms and conditions at any time
prior to the execution of any agreement pursuant to the RFP process.
Respondents  are  required  to  agree  that,  if  successful,  their  RFP  response  will  be  part  of  the
agreement with TCS.
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7.3  Notification
Letters advising the outcome of the process will be sent to all respondents to the RFP process. The
letters advising unsuccessful outcomes will include the following:
•  a statement demonstrating the TCS‟s appreciation for the submission received;
•  a statement demonstrating the TCS‟s regret that they were unsuccessful;
•  encouragement to submit offers in the future; and
•  advice  that,  should  negotiations  with  the  preferred  Respondent  not  proceed  as  expected,  they
may be contacted again, to discuss their earlier proposal.
The  RFP  documents  (Part  A,  Section  4.1.9.3)  indicates  that  TCS  may,  at  its  discretion,  provide
debriefings  for  unsuccessful  Respondents  after  the  announcement  of  the  outcome,  upon  request.
How TCS exercises that discretion will be decided by the Project Board, taking account of the number
of requests received and any other pertinent considerations.
7.4  Completion
Completions  of  the  final  contracts  are  expected  prior  to  Christmas  (late  November  in  the  best  case
scenario).
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8  Stage Closure
8.1  Tender Completion Report
All activities, decisions, and findings, as outlined above, will be compiled by the Programme Manager
into a full tender Completion Report. It will include, at least:
•  a summary of all proposals received;
•  reasons for not admitting any tender;
•  evaluation results;
•  selection results and explanation; and
•  the log of auditable communications and activities, as described herein.
8.2  Update Project Documentation
Systems Replacement Project documentation will be updated to reflect the new information available
from the Respondents‟ proposals and the development of the Business Case, including:
•  any changes in the project governance structure to support the management of the contract;
•  addressing how the performance of the contract will be measured and reported;
•  defining the administrative and financial arrangements;
•  updating the high level project risks and risk management strategies; and
•  updating the project schedule.

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Appendix A: Abbreviations & Common Terms
This appendix contains a list of common terms and abbreviations used within this document.
Abbreviation
Description
BOT
Board of Trustees
Business Case
The fundamental document underpinning the justification for the project. It sets
out the costs and benefits expected from the new system and provide
information on the deliverables and timeframes for the investment.
EDRMS
Electronic Document and Record Management System
GETS
Government Electronic Tenders Service
heads of
A non-binding document outlining the main issues relevant to a tentative
agreement
partnership agreement. Generally, it is the agreed draft which serves as an
interim guideline for two (or more) parties who are in the process of completing
a contract.
LCMS
Learning Content Management System
LMS
Learning Management System
OAG
Office of the Controller and Auditor-General
OTLE
Online Teaching and Learning Environment, our “branding” of the LMS/LCMS
solution
RFP
Request for Proposal
SMS
Student Management System
SMT
Senior Management Team
SRP
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