Rules governing this invitation and the Expression of Interest (EOI) process
1. Application of these rules
Participation in the EOI process is subject to compliance with the rules contained in this Appendix 1.
The rules contained in this Appendix 1 of the invitation apply to:
(a) the invitation and any other information given, received or made available in connection with the invitation including any additional materials, any revisions or addends;
(b) the EOI process; and
(c) any communications (including any briefings, presentations, meetings or negotiations) relating to the invitation or the EOI process.
2. Structure of invitation
This invitation consists of the following parts:
(a) Introduction – contains an overview of the opportunity presented in, and the objectives of, this invitation
(b) Part A – Conditions of the EOI process sets out the rules applying to the invitation documents and to the EOI process. These rules are deemed to be accepted by all applicants and by all persons having received or obtained the invitation
(c) Part B – Overview of Requirements describes the goods and/or services in respect of which the Authority invites EOIs from interested persons
(d) Part C – Applicants Response specifies the information to be provided in this EOI and may also specify any information to be provided by an applicant by other means. Part C is an electronic form that must be completed and electronically submitted.
3. Invitation
3.1 Status of invitation
The invitation is not an offer. It is an invitation for persons to submit an EOI for the provision of the goods and/or services set out in the overview of requirements, contained in Part B – Overview of Requirements, of this invitation.
Nothing in this invitation is to be construed as creating any binding contract for the supply of the goods and/or services (express or implied), between the WGCMA and any applicant, until the WGCMA and the applicant enter into a final, binding contract.
3.2 Accuracy of invitation
While all due care has been taken in connection with the preparation of this invitation, the WGCMA does not warrant the accuracy of the content of the invitation and the WGCMA, will not be liable for any omission from the invitation.
3.3 Additions and amendments to the invitation
The WGCMA reserves the right to change any information in, or to issue addenda to, this invitation.
3.4 Representations
No representation made by or on behalf of the WGCMA in relation to the invitation (or its subject matter) will be binding on the WGCMA unless that representation is expressly incorporated into any contract(s) ultimately entered into between the WGCMA and an applicant.
4. Communications during the EOI process
4.1 Authority representatives
Refer item 3, Part A – Conditions of the EOI Process
4.2 Requests for clarification or further information
All communications relating to the invitation and the EOI process must be directed to the Project Manager Administration, including any questions or requests for further information or clarification of the invitation or its associated documents in writing, preferably by email.
Technical information can be obtained from the Project Manager Technical, in relation to Part B – Overview of requirements.
The WGCMA may restrict the period during which it will accept questions or requests for further information or for clarification and reserves the right not to respond to any question or request, irrespective of when such question or request is received. Except where the WGCMA is of the opinion that issues raised apply to an individual applicant. Questions submitted and answers provided will be made available to all applicants without identifying the person or organisation having submitted the question. In all other cases, the WGCMA may deliver any written notification or response to an applicant by leaving or delivering it to the address of the registrant (as notified to the Project Manager).
4.3 Improper assistance
Applicants must not seek or obtain the assistance of employees, agents or contractors of the WGCMA in the preparation of their EOI’s. In addition to any other remedies available to it under law or contract, the WGCMA may, in its absolute discretion, immediately disqualify an applicant that it believes has sought or obtained such assistance.
4.4 Complaints about the EOI process
Any complaint about the invitation or the EOI process must be submitted to the Project Manager Administration in writing immediately upon the cause of the complaint arising or becoming known to the applicant. The written complaint statement must set out:
(a) the basis for the complaint (specifying the issues involved)
(b) how the subject of the complaint (and the specific issues) affect the person or organisation making the complaint
(c) any relevant background information and
(d) the outcome desired by the person or organisation making the complaint.
5. Submission of EOI
5.1 Lodgement
EOI’s must be lodged only by the means set out in Item 5 – Lodgement of EOIs in Part A – Conditions of the EOI process.
All EOI’s must be lodged via the electronic form Part C – Applicants Response on our website. Please attach any necessary documentation to this form before submitting.
5.2 Late EOIs
EOIs must be lodged by the closing time. The closing time may be extended by the WGCMA in its absolute discretion by providing written notice to applicants.
EOIs lodged after the closing time or lodged at a location or in a manner that is contrary to that specified in this invitation will be disqualified from the EOI process and will be ineligible for consideration, except where the applicant can clearly demonstrate (to the reasonable satisfaction of the WGCMA) that late lodgement of the EOI:
(a) resulted from the mishandling of the EOI
(b) was hindered by a major incident and the integrity of the EOI process will not be compromised by accepting an EOI after the closing time.
The determination of the WGCMA as to the actual time that an EOI is lodged is final. Subject to paragraphs (a) and (b) above, all EOIs lodged after the closing time will be recorded by the WGCMA, and will only be opened for the purpose of identifying a business name and address of the applicant. The WGCMA will inform an applicant whose EOI was lodged after the closing time of its ineligibility for consideration. All such EOIs will be returned at the conclusion of the EOI process.
6. EOI documents
6.1 Format and contents
Applicants must ensure that:
(a) their EOI is submitted in the required format as set out in Part C – Applicants Response; and
(b) all the mandatory information fields in Part C – Applicants Response, are completed and contain the information requested.
The WGCMA may in its absolute discretion reject an EOI that does not include the information requested or is not in the format required.
Unnecessarily elaborate responses or other presentations beyond what is sufficient to present a complete and effective proposal are not desired or required.
EOI must be in the English language, with all sections completed. Expressions of Interest must conform to the requirements of the EOI document including these conditions.
It must be clear whether the person, firm or company applying does so as principal or agent, and if tendering as agent, the name of the principal must be set out.
Applicants should fully inform themselves in relation to all matters arising from the invitation, including all matters regarding the WGCMA requirements for the provision of the goods and/or services. An applicant for registration on the panel under this EOI process (applicant) in submitting an EOI registration warrants and agrees that it:
(a) has examined carefully and acquired actual knowledge of the EOI and any other information made available in writing by the WGCMA to the parties for the purpose of the EOI
(b) has examined all information which is relevant to risks, contingencies and other circumstances having an effect on the EOI and which is obtainable by making reasonable enquiry
(c) is satisfied as to the correctness and sufficiency of the EOI and that the hourly rates contained in their EOI cover the cost of complying with all relevant obligations and all matters an things necessary for the due and proper performance and completion of the work described in the EOI.
6.2 Illegible content, alteration and erasures
Incomplete EOIs may be disqualified or evaluated solely on the information contained in the EOI.
The WGCMA may disregard any content in an EOI that is illegible and will be under no obligation whatsoever to seek clarification from the applicant.
The WGCMA may permit an applicant to correct an unintentional error in it’s EOI where that error becomes known or apparent after the closing time, but in no event will any correction be permitted if the WGCMA reasonably considers that the correction would materially alter the substance of the applicant’s EOI.
6.3 Obligation to notify errors
If, after an EOI has been submitted, the applicant becomes aware if an error in the EOI (excluding clerical errors which would have no bearing on the evaluation of the EOI) the applicant must promptly notify the WGCMA of such error.
6.4 Preparation of EOIs
The WGCMA will not be responsible for, nor pay for, any expense or loss that may be incurred by applicants in the preparation of their EOIs.
6.5 Disclosure of EOI contents and EOI information
EOIs will be treated as confidential by the WGCMA. The WGCMA will not disclose EOI contents and EOI information, except:
(a) as required by law (including, for the avoidance of doubt, as required under the Freedom of Information Act 1982 (Vic)
(b) for the purpose of investigations by the Australian Competition and Consumer Commission or other Government Authorities having relevant jurisdiction
(c) to external consultants and advisers of the WGCMA engaged to assist with the EOI process
(d) to other government departments or agencies in connection with the subject matter of the EOI process or
(e) general information from applicants required to be disclosed by government policy.
6.6 Use of EOIs
Upon submission in accordance with the requirements of Section 5 of this Appendix 1, all EOIs become the property of the WGCMA.
Each applicant, by submission of their EOI, is deemed to have licensed the WGCMA to reproduce the whole, or any portion, of their EOI for the purpose of enabling the WGCMA to evaluate the EOI.
6.7 Withdrawal of EOI
An applicant who wishes to withdraw an EOI previously submitted by it must immediately notify the WGCMA of that fact. Upon receipt of such notification, the WGCMA will cease to consider that EOI.
6.8 Status of EOI
Each EOI constitutes a non-binding proposal by the applicant to the WGCMA to provide the goods and/or services required under, and otherwise to satisfy the requirements of, the Overview of Requirements (Part B of this invitation).
7. Capacity to comply with the Overview of Requirements
Part B, of this invitation gives an overview of the WGCMA requirements with regard to the goods and/or services the subject of this invitation. It is acknowledged that some applicants will be capable of providing all of the goods and/or services in full whilst others may specialise in one or more areas. Applicants must state which goods and/or services they are expressing interest in providing to the WGCMA through this EOI process.
8. Evaluation of EOIs
8.1 Evaluation process
Following the closing time, the WGCMA intends to evaluate the EOIs received. During the evaluation process, the applicant should be prepared to discuss the EOI in detail. The information furnished in the EOI and during discussions through the evaluation process will be used in assessing the applicant’s resources and technical and financial capabilities to complete the work as specified.
An EOI will not be deemed to be unsuccessful until such time as the applicant is formally notified of that fact by the WGCMA.
8.2 Clarification of EOI
If, in the opinion of the WGCMA, an EOI is unclear in any respect, the WGCMA may, in its absolute discretion, seek clarification from the applicant. Notwithstanding any other requirements of the process, the WGCMA may require the applicant to submit additional information to allow further consideration of the EOI. Failure to supply clarification to the satisfaction of the WGCMA may render the EOI liable to disqualification.
The WGCMA is under no obligation to seek clarification of anything in an EOI and the WGCMA reserves the right to disregard any clarification that the WGCMA considers to be unsolicited or otherwise impermissible in accordance with the rules set out in Part A – Conditions of the EOI process.
8.3 Evaluation Criteria
To the extent that the WGCMA evaluates any EOI received in responses to this invitation, the WGCMA will have regard to:
(a) each of the specific evaluation criteria identified in the table below; and
(b) the overall proposition presented in the EOI.
9. Next stage
9.1 Options available to the WGCMA
(a) prepare a panel of preferred contractors for provisions of on-ground goods and services
(b) invite quotes from preferred contractors as required under the categories of this EOI; and
(c) enter into contractual negotiations with preferred contractors for the delivery of discrete work programs as required.
Other options available to the WGCMA may include:
(d) a call for quotes from the market generally for the goods or services or any similar or related goods or services
(e) decide not to proceed further with the EOI process or any other procurement process for the goods or services; or
(f) commence a new process for calling for EOIs on a similar or different basis to that outlined in this invitation.
9.2 No legally binding contract
Being shortlisted does not give rise to a contract (express or implied) between the successful applicant and the WGCMA. No legal relationship will exist between the WGCMA and a successful applicant relating to the supply of the goods or services unless and until such time as a binding contract is executed by them.
10. Applicant warranties
By submitting an EOI, an applicant warrants that:
(a) in lodging the EOI they did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of the WGCMA, its officers, employees, agents or advisors other than any statement, warranty, or representation expressly contained in the invitation documents
(b) they did not use the improper assistance of WGCMA employees or information unlawfully obtained from the WGCMA in compiling the EOI
(c) the invitation has been examined, and any other documents referenced or referred to herein, and any other information made available in writing by the WGCMA to applicants for the purposes of submitting an EOI
(d) they have sought and examined all necessary information which is obtainable by making reasonable enquiries relevant to the risks and other circumstances affecting their EOI
(e) they have otherwise obtained all information and advice necessary for the preparation of the EOI
(f) they are responsible for all costs and expenses related to the preparation and lodgement of their EOI, any subsequent negotiation, and any future process connected with or relating to the EOI process
(g) they otherwise accept and will comply with the rules set out in Part A of this invitation
(h) they will provide additional information in a timely manner as requested by the WGCMA to clarify any matters contained in the EOI; and
(i) they are satisfied as to the correctness and sufficiency of their EOI.
11 Authority’s rights
Not withstanding anything else in this invitation, and without limiting its rights at law or otherwise, the WGCMA reserves the right, in its absolute discretion at any time to:
(a) vary or extend any time or date specified in this invitation for all or any applicants or other persons
(b) terminate the participation of any applicant or any other person in the EOI process.
12 Governing law
This invitation and the EOI process is governed by the laws applying to the State of Victoria.
Each applicant must comply with all relevant laws in preparing and lodging it’s EOI and on taking part in the EOI process.
13 Interpretation
13.1 Definitions
In this invitation for EOIs, unless a contrary intention is apparent:
WGCMA means the West Gippsland Catchment Management Authority.
Closing time means the time specified as such in item 4 of Part A – Conditions of the EOI process, by which the EOIs must be received.
Expression of Interest (EOI) means a document lodged by an applicant in response to this invitation containing a proposal to provide goods and/or services
EOI process means the process commenced by the issuing of an invitation for EOIs and concluding upon formal announcement by the WGCMA of the selection of shortlisted applicant(s) or upon the earlier termination of the process
Goods means the goods or other products required by the WGCMA, as specified in Part B – Overview of Requirements
Invitation for EOIs or invitation means this document (comprising each of the parts identified in Section 2 – Structure of Invitation, of this Appendix) and any other documents so designated by the WGCMA
Overview of Requirements means the overview of the WGCMA requirements contained in Part B – Overview of Requirements of this invitation
WGCMA representatives means the persons so designated in item 3 of Part A of the reference schedule
Reference Schedule means the schedule so designated forming part of Part A of the invitation
Services means the services required by the WGCMA, as specified in Part B – Overview of Requirements of this invitation
Applicant means a person or organisation that submits an EOI.
13.2 Instruction
In this invitation for EOIs, unless expressly provided otherwise:
(a) a reference to :
- “includes” or “including” means includes or including without limitation
- “$” or “dollars” is a reference to the lawful currency of the Commonwealth of Australia
- Words importing persons shall include firms and corporations
- Words in the singular shall include the plural and words in the plural shall include the singular
- Words importing genders shall include all genders and
(b) if a word or phrase is defined its other grammatical forms have corresponding meanings.