The following terms and conditions apply to the Request for Proposals (RFP) process and the submission of proposals. Preparation of Proposals
All work undertaken by Respondents in the preparation of their Proposal, all communication with the New Zealand AIDS Foundation (NZAF), all meetings, discussions and presentations, and all other activities involved in preparing, presenting and discussing Proposals shall be entirely at the Respondent’s expense. Respondents are required to certify that their Proposal complies with the requirements detailed in this RFP. Any variations should be described in full, section by section relative to this RFP, clearly identifying the nature and consequence of the variation.
Acceptance of RFP Terms and Conditions By participating in the RFP process respondents accept that it is bound by the RFP terms and conditions (the RFP terms and conditions are non-negotiable and do not require a response). Due Date for Proposals and Late Proposals NZAF may extend the closing date for proposal responses at its discretion. The NZAF reserves the right to accept or decline late proposals at its discretion. Validity of Information While the NZAF has used reasonable efforts in compiling this RFP, the NZAF will not be liable in any way (including contract, tort (including negligence) or through any other cause of action) to respondents or any other party for any inaccuracy or omission in the RFP, associated appendices or any additional information the NZAF may provide in the RFP process. The NZAF is under no obligation to check any proposal for errors. Status of RFP This RFP does not constitute an offer by the NZAF to acquire services or enter into an agreement with any respondent. Changes to this RFP The requirements specified in this RFP are those presently known. Any information or changes to this RFP will, where practicable, be issued by written notice at least five days before the deadline for submission of proposals. Such information or change will be an addendum to, and will form part of, this RFP. Validity Period All Proposals are submitted by the Respondent on the basis that they must remain open for consideration by the NZAF
Rights Reserved to NZAF To the extent allowed by law, the NZAF reserves the unrestricted rights to at any time:
Change any date or time in this RFP or any subsequent process (e.g. extend or shorten time frames) Change any term or condition of this RFP or any subsequent process Suspend or terminate this RFP process or any part of it Apply, or change, and give whatever weighting it wishes to, any policy or criteria relating to participation in this RFP or any subsequent process or evaluation of responses Restrict the supply of, or access to, any of its personnel, information or property Reject or not consider any non-compliant response Provide to, or withhold from, any respondent or other person any information in relation to any question, answer or other information arising in relation to this RFP or any subsequent process Retain, return or destroy any information provided by any respondent or other person in relation to this RFP or subsequent process Delete or change any requirement under this RFP Negotiate arrangements with any respondents Not progress or accept the lowest price or any response, or recommend the approval of any respondent Accept part of a response from any respondent.
Advertising and Statements No advertising, press release, public statement or other information relating to this RFP, any proposal or subsequent contract shall be published by or on behalf of a respondent in any newspaper, magazine, journal or other medium (including on the Internet) or otherwise disclosed to a third party without the NZAF’s prior written consent. Privacy Each Respondent authorises the NZAF to collect any information from the respondent and relevant third parties (such as referees) and to use that information in evaluating the proposal. Collusion between Respondents Evidence of a proposal or proposals breaching the Commerce Act 1986 (including provisions relating to price fixing) will result in the automatic rejection of those proposals. Prices and Goods and Services Tax
All prices stated in each Proposal shall be deemed to include all direct, indirect and ancillary charges and costs, and must include all charges required to meet the requirements set out in this RFP. All Proposals must be made on the basis that the prices proposed are inclusive of GST.
For those fees or prices where GST is not applicable, please indicate that this is the case. All Proposals must be expressed in New Zealand dollars.
Assumptions If respondents have any doubt as to the meaning of any part of this RFP, they should request that the NZAF clarify this meaning. If this doubt arises after the closing date for RFP questions, respondents should, when submitting proposals, set out in a covering letter the interpretation that they have used. Any assumption made in preparing the proposal must be documented. To avoid doubt, respondents must not state any assumption that is contrary to the plain meaning of this RFP and must not state an assumption that has the effect of qualifying or disclaiming its proposal or any part of it. Clarification of Proposals To assist in examining and evaluating proposals, the NZAF may, at its discretion, seek further details or clarifications from respondents about any aspect of their proposal. NZAF will not be obliged to seek the same clarification or additional information from each respondent. Confidentiality Respondents shall take all responsible steps to ensure that any sub-contractors engaged, or people employed (either by the respondent or by the sub-contractors), do not disclose to anyone the contents of, or information relating to, any document or material which comes to their knowledge, or possession in connection with this RFP. All proposals supplied to the NZAF will become the property of the NZAF and will not be returned to the respondents. Except as required by law, the NZAF agrees not to communicate or divulge any commercially sensitive information supplied by respondents in their proposals. It will not be acceptable to identify the entire proposal as commercially sensitive. However, the NZAF expects information such as costing will be indicated as such. Participants to Inform Themselves Potential respondents will be responsible for ensuring that they have:
Examined the RFP and any documents referenced by the RFP and any other information made available by NZAF Identified and obtained any additional information it may require to design, cost and provide firm pricing for an appropriate solution which meets the NZAF's requirements Considered all the risks, contingencies and other circumstances having an effect on the Proposal Satisfied themselves as to the correctness of the proposal and of the costing stated in the proposal.