PART 1 – Web viewINTRODUCTION. The Lockyer Valley Regional Council (Council) has resolved to seek tenders for the lease of various parcels of land at Grantham (Land

REQUEST FOR TENDERS

Tender: Grazing Lease of Various Lots at Grantham

Tender Number: LVRC-17-22

Release Date: 10 May 2017

Closing Time: 2.00 p.m. on 2 June 2017

Validity Period: 90 days

Tender Administrator: Jason Harm, Manager Regional DevelopmentEmail: [email protected]

Method of lodgement:

By VendorPanel Marketplace -

Vendorpanel Marketplace Registration

By email: [email protected]

The Tender Name and Number and the Tenderer’s name are to be included in the Subject line of the electronic submission.

By Council Tender Box:- Council Reception 26 Railway Street, Gatton

The Tender Name and Number are to be endorsed on the front of the sealed envelope. One hard copy (unbound). Tenderers may also wish to include an electronic copy with their hard copy submission.

LVRC-17-22 – Grazing Lease of Various Lots at Grantham Page 1 of 35

mailto:[email protected]

https://www.vendorpanel.com.au/marketplace.aspx?emcc=205bde2675b6


TABLE OF CONTENTS

PART 1 – SPECIFICATION 4

EXECUTIVE SUMMARY 51. INTRODUCTION 52. PURPOSE 53. TIMETABLE 64. BRIEFING AND INSPECTION 65. CLARIFICATIONS 6

MINIMUM LEASE TERMS 7

EVALUATION CRITERIA 7

IMPORTANT INFORMATION 7

PART 2 – TENDER CONDITIONS 8

INTRODUCTION 91 SPECIFIC DETAILS 92 DEFINITIONS 103 INTERPRETATION 124 STRUCTURE OF THE TENDER PROCESS 13

SUBMITTING TENDERS 135 TENDERS 136 HOW TO SUBMIT TENDERS 137 WHEN TO SUBMIT TENDERS 148 EFFECT OF SUBMITTING A TENDER 149 TENDERER’S RESPONSIBILITIES 1510 IMPORTANT MATTERS WHEN SUBMITTING A TENDER 1512 ALTERNATIVE TENDERS 1713 TENDER PROCESS 17

TENDER EVALUATION 1714 OPENING OF TENDERS 1715 NON-CONFORMING TENDERS 1716 EVALUATION OF TENDERS 1817 REFEREES 1818 TENDER MODIFICATION 1919 ACCEPTANCE AND REJECTION 19

POST-EVALUATION PROCESSES 1920 EFFECT OF LETTER OF ACCEPTANCE 1921 VALIDITY PERIOD 2022 POST-CLOSING TIME FEEDBACK 21

OTHER MATTERS 2123 PROBITY 2124 CONFIDENTIALITY 2225 ANNOUNCEMENTS AND PUBLICITY 2226 TENDERER’S PERSONNEL 2327 OFFICIAL NOTICES 23


28 APPROVALS 2429 RIGHT TO INFORMATION & DISCLOSURE 2430 INFORMATION PRIVACY 2431 GOVERNING LAW 25

PART 3 - TENDER FORM 26

PART 4 – AERIAL PLAN 32

PART 5 – LEASE 34


PART 1 – SPECIFICATION


EXECUTIVE SUMMARY


1. INTRODUCTION

The Lockyer Valley Regional Council (Council) has resolved to seek tenders for the lease of various parcels of land at Grantham (Land), adjacent to the Strengthening Grantham development, for grazing purposes on an ‘as is, where is’ basis.

Location: Tryhorn Street and Bowtells Road, Grantham

Real Property Description: Part of Lot 999 on SP251288Lot 1 on RP175538Lot 117 on CA3121Lot 118 on CA3121Lot 119 on CA3121Lot 2 on RP180489Lot 2 on RP175537Lot 2 on SP270096

Total Lease Area: Approximately 217 ha

Use: The Land has been, and is intended to be, used for the grazing of livestock in a rotational grazing system.

Improvements: There are no improvements on the Land, save and except for some fencing. Council has now disposed of two lots to the east of the Land that were originally part of the rotational grazing system and fencing adjustments will need to be made to align with the area now proposed for lease.

Water supply: Council will arrange for bore water and electricity to be supplied to the Land. The Successful Tenderer will be responsible for the reasonable costs of same.

2. PURPOSE

This Expression of Interest summarises the Council’s Objectives and expectations in seeking interest in leasing the Facility. The purpose of this Expression of Interest is to:-

(i) seek initial interest from competent parties (Tenderers), who are interested in participating in a competitive Tender Process for the purpose of leasing the Land;

(ii) to provide Tenderers with the opportunity to consider Council’s Minimum Lease Terms; and

(iii) to provide Tenderers with the Evaluation Criteria against which Applications will be assessed.

By submitting an Application, Tenderers acknowledge that the Tender Process will be conducted solely for the benefit of Council and that Council and the Tenderers do not intend to create any contract or other legally enforceable relationship between them. Council reserves the right to discontinue the Tender Process in its absolute discretion.

3. TIMETABLE

The following tables outline the timelines expected for this Expression of Interest Process:


Tender Opens: 10 May 2017

Clarifications Close: 26 May 2017

Tender Closes: 2pm on 2 June 2017

Assessment of Applications: 5 June 2017

Report to Council: 14 June 2017

Award of Tender and Lease Commencement: 15 June 2017

Council reserves the right to alter or amend the above timetable and/or process as appropriate to the quality and quantity of interest expressed in its absolute discretion.

4. BRIEFING AND INSPECTION

A Briefing and Inspection will not be held. Tenderers are required to familiarise themselves with the Land and seek clarification of any issues from the Tender Administrator where required.

5. CLARIFICATIONS

All clarifications are to be in writing via email or VendorPanel Marketplace. The deadline for clarification requests is 5pm Wednesday 26 May 2017.

Clarification of an issue requested by one prospective Tenderer may be provided to all prospective Tenderers.

MINIMUM LEASE TERMS

The following table sets out the Minimum Lease Terms offered by Council. Interested parties should submit an Application which meets these Minimum Lease Terms. A draft Lease containing these Minimum Lease Terms and proposed to be entered into with the Successful Tenderer is included in PART 5 - LEASE.


It is Council’s intention that the lease will be entered into with the successful Tenderer to commence on 15 June 2017.

Term Requirement

Term 5 years plus a 5 year option.

Rent Review Unless an alternative is proposed by the Tenderer for Council’s consideration, it is intended that the rent will be reviewed annually in accordance with CPI indexation.

Outgoings The successful Tenderer will be responsible for all rates, electricity, water usage, fencing and land management costs.

Reservation to Council

Council reserves the right to terminate the lease without penalty in the event any part of the Land is required for disposal or development by Council. In this event, Council may consider entering into a new lease for the balance of the land with the Lessee for the remainder of the outstanding lease term.

Third Party Access Rights

The Lessee will allow Council and other third parties authorised by Council the right of access to the Land, or any part of it, on reasonable notice for the purpose of undertaking investigations in relation to strategic infrastructure and economic development projects proposed for the locality.

EVALUATION CRITERIA

The evaluation criteria that Council will consider in reviewing tender applications includes, but is not limited to, the Tenderer’s:-

- Financial offer and funding capacity.- Commitment to the Minimum Lease Terms.

IMPORTANT INFORMATION

It is the responsibility of each prospective Tenderer to satisfy themselves about what Approvals and authorisations are required for use of the Land (if any). Even though Council owns the Land, this does not guarantee the granting of any necessary Approvals by Council in its role as a local government. Council will process all required applications in the ordinary course based on their merits.


Tenderers are required to complete the Tender Form in PART 3 – TENDER FORM in response to the above EXECUTIVE SUMMARY, MINIMUM LEASE TERMS and EVALUATION CRITERIA.

PART 2 – TENDER CONDITIONS


INTRODUCTION

1 SPECIFIC DETAILS

1.1 Lockyer Valley Regional Council requests tenders from suitably competent individuals and organisations in response to this Request for Tenders.

1.2 This Request for Tenders is made under s.228 of the Local Government Regulation 2012.

1.3 The specific details of this Expression of Interest are as follows:

Expression of Interest Title Grazing Lease of Various Lots at GranthamExpression of Interest No. LVRC-17-22Closing Time 2 pm on 2 June 2017

Validity Period 90 days

Method of Lodgement By VendorPanel Marketplace:

Vendorpanel Marketplace Registration

By email: [email protected]

The Tender Name and Number and the Tenderer’s name are to be included in the Subject line of the electronic submission.

By Council Tender Box:- Council Reception 26 Railway Street, Gatton

The Tender Name and Number are to be endorsed on the front of the sealed envelope. One hard copy (unbound). Tenderers may also wish to include an electronic copy with their hard copy submission.

Tender Administrator Jason Harm, Manager Regional DevelopmentEmail: [email protected]

Will specific evaluation criteria apply?

Yes No

If Yes, details of the specific evaluation criteria are as follows:

The evaluation criteria that Council will consider in reviewing this Expression of Interest include the Tenderer’s:-

- Financial offer and funding capacity- Commitment to the Minimum Lease Terms

Is a site inspection scheduled? Yes No

If Yes, time and date:




https://www.vendorpanel.com.au/marketplace.aspx?emcc=205bde2675b6

1.4 This Request for Tender sets out the terms and conditions of the Tender Process.

2 DEFINITIONS

2.1 The following definitions apply to terms used in this document:

Alternative Tender see subclause 12.1.

Approval means an approval, consent or permission.

Business Day a day which is not a Saturday, Sunday or public or special holiday in Gatton, Queensland.

Claim an action, proceeding, demand, liability, obligation, cost (including legal costs on a full indemnity basis), loss, damage, expense and claim, including those arising under the terms of a compromise or settlement.

Closing Time see the table in subclause 1.3.

Confidential Information all information of or relating to Council or which is disclosed by Council which Council does not explicitly identify as not being confidential and, except as otherwise agreed in writing, includes without limitation:(a) information disclosed during the Tender Process; and(b) Council's financial and strategic information and

methods of conducting business; and(c) Council's Intellectual Property Rights; and(d) information which has been derived from or with the use

of any other Confidential Information.

Conflict of Interest a state of affairs, or combination of circumstances, which could reasonably be suspected to:(a) compromise an Tenderer’s ability to submit a Tender in

good faith and objectively;(b) give rise to the risk of such a compromise; or(c) cause a reasonable member of the public to apprehend

such a compromise or risk.

Land means the Land proposed for grazing in accordance with this Request for Tenders as described in PART 1 – SPECIFICATION and shown on the Plan in PART 4 – AERIAL PLAN.

Intellectual Property Rights

all copyright, registered and unregistered trademarks and service marks, patents and other proprietary intellectual property rights subsisting anywhere in the world, but does not include moral rights under the Copyright Act 1968 or corresponding rights elsewhere in the world.

IP Act means the Information Privacy Act 2009.

Lease means the lease in PART 5 – LEASE of this Request for Tenders.

Lease Document a document prepared by Council, based on the Lease, and embodying the terms of the Tendered Lease.


Letter of Acceptance a letter or document given by Council to a Tenderer notifying the Tenderer of Council’s acceptance of a Tender submitted by that Tenderer.

Method of Lodgement see the table in subclause 1.3.

Non-Conforming Tender see subclause 15.1.

Official Notice a notice, notification or other communication which:(a) an Tenderer is required or permitted to give to Council

under this Request for Tenders; or(b) Council is required or permitted to give to an Tenderer

under this Request for Tenders,if this Request for Tenders does not expressly, or by necessary intention, provide how the notice, notification or communication is to be given (other than in clause 28).

Personal Information has the meaning given to it in the IP Act.

Personnel in relation to an Tenderer:(a) its members, employees, officers, agents and

subcontractors; and(b) the members, employees, officers and agents of the

Tenderer’s agents and subcontractors; and(c) any other person for whose acts, omissions or conduct

the Tenderer is in law responsible,and in relation to Council: its delegates, employees, officers and agents.

Request for Tenders this document including the conditions in it.

RTI Act means the Right to Information Act 2009.

Specification means the Specification comprising Part 1 of the Request for Tenders, including any amendment or addition to the Specification.

Statutory Requirement an obligation under any applicable:(a) Act of Parliament; or(b) regulation, order, by-law, rule, proclamation or other

statutory instrument or subordinate legislation under any Act of Parliament; or

(c) approval, consent, licence, authority, permit, notice, order, direction, instrument or requirement issued, given or made under any of the above.

Successful Tenderer see clause 20.1.

Tender means the Tender Form and any attachments submitted by a Tenderer in response to this Request for Tenders.

Tender Administrator see the table in subclause 1.3.

Tender Form means the Tender Form in Part 3 of this Request for Tenders to be submitted by Tenderers.

Tender Process the process of inviting, accepting and evaluating tenders and awarding the tender to the successful Tenderer.


Tendered Lease a lease on the terms of the Lease with:(a) the lessee named as the Successful Tenderer; and(b) any other amendments necessary to reflect the

Tender submitted by the Successful Tenderer.

Tenderer a person specified in an Tender Form who submits a Tender.

Validity Period the period starting when the Tender is submitted to Council and ending 90 days after the Closing Time.

3 INTERPRETATION

3.1 For the purposes of this Request for Tenders, unless it would lead to an absurd, impossible or obviously unintended result:(a) if the day on which any act, matter or thing must or may be done under this Request for

Tenders is not a Business Day, the act, matter or thing may be done on the next Business Day; and

(b) a reference to dollars or $ means Australian dollars and all amounts payable under this Request for Tenders are payable in Australian dollars; and

(c) a reference to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment and any subordinate legislation or regulations issued under that legislation or legislative provision; and

(d) a reference to a particular Act or statutory instrument, or to a particular provision of one, is taken to include:(i) a reference to that Act, statutory instrument or provision as amended from time to

time; and(ii) a reference to any Act, statutory instrument or provision into which the original

Act, statutory instrument or provision is relocated, consolidated or re-enacted from time to time; and

(iii) a reference to any Act, statutory instrument or provision which (after the repeal or expiry of the original Act, statutory instrument or provision) deals with the same, substantially similar or the most closely similar subject matter as the original Act, statutory instrument or provision; and

(iv) any other Act, statutory instrument or provision which applies to or affects the interpretation of any Act, statutory instrument or provision referred to above; and

(e) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented or replaced; and

(f) an expression importing any type of person includes a natural person, company, trust, partnership, joint venture, association, body corporate and governmental agency; and

(g) another part of speech or other grammatical form of a defined term has a corresponding meaning; and

(h) a word which denotes the singular also denotes the plural, a word which denotes the plural also denotes the singular, and a reference to any gender also denotes the other genders; and

(i) a reference to the word "include" or "including" (or to another word meaning much the same thing) is to be interpreted without limitation.

3.2 Headings, and any table of contents, are inserted for convenience only and cannot be used to help interpret this Expression of Interest.


3.3 A provision of this Request for Tenders is not to be read to the disadvantage of a party just because that party drafted this Request for Tenders or the provision or asked for or insisted on:(a) the inclusion of the provision in this Request for Tenders; or(b) how the provision was to be drafted when included in this Request for Tenders.

4 STRUCTURE OF THE TENDER PROCESS

4.1 Tenderers that meet Council’s Minimum Lease Terms are invited to submit a Tender.

4.2 The documents comprising this Request for Tender are, collectively:-(a) Part 1 – Specification (read and keep this part); and(b) Part 2 – Request for Tender Conditions (read and keep this part); and(c) Part 3 – Tender Form which, when competed by the Tenderer, comprises the Tender of

the Tenderer (complete and return this part); and(d) Part 4 – Aerial Plan (read and keep this part); and(e) Part 5 – Lease (read and keep this part).

4.3 All parts of this Request for Tender must be read and construed together so that all parts are as far as possible consistent. Where the documents are inconsistent, the documents should be read and construed in the above order of priority.

4.4 Council reserves the right to determine whether to proceed with or discontinue the Tender Process, amend the Specification and accept and assess any Tenders.

SUBMITTING TENDERS

5 TENDERS

5.1 A Tenderer must ensure that a Tender complies with this Request for Tenders.

5.2 A Tender must be in accordance with the Tender Form.

5.3 A Tenderer must:(a) respond to every requirement or question in the Tender Form (where relevant); and(b) complete the Tender Form by correctly following all directions and instructions in the

Tender Form (including directions and instructions requiring the inclusion in the Tender Form of additional information or documents); and

(c) clearly specify any departures from the Request for Tender which form part of the Tender.

5.4 A departure which is not clearly specified as required by clause 5.3(c) does not form part of a Tender.

5.5 A Tender must be written, typed or word processed in English. Electronic submissions must be in PDF format.

6 HOW TO SUBMIT TENDERS

6.1 A Tender must be either:-


(a) enclosed in a sealed envelope containing the original of the fully completed and signed Tender Form and any other documents forming part of the Tender; or

(b) submitted electronically with the Tender Form and any other documents forming part of the Tender attached in PDF format.

6.2 A Tender must be submitted in accordance with one of the Methods of Lodgement.

6.3 Tenderers should ensure that sufficient information is provided to enable Council to make informed judgments about the Tenderer’s qualifications, suitability and commitment to the Minimum Lease Terms.

6.4 Council reserves the right, in its absolute discretion, to require clarification or a presentation from any Tenderer in relation to its Tender.

6.5 The Tenderer’s Tender must be duly executed in a manner that binds the Tenderer.

7 WHEN TO SUBMIT TENDERS

7.1 A Tender must be submitted before the Closing Date and Time.

7.2 A purported Tender not submitted and received by Council in accordance with one of the Methods of Lodgement by the Closing Time may not be considered.

7.3 Council may extend the Closing Time at its discretion.

8 EFFECT OF SUBMITTING A TENDER

8.1 When a Tender is submitted, it constitutes an offer by the Tenderer to enter into the Tender Process with Council.

8.2 A Tender, and any document given to Council with or in connection with a Tender, becomes Council's property on the earlier of:(a) when the Tender is submitted; or(b) when the document is given to Council,

but this does not mean that Intellectual Property Rights belonging to a person other than Council in the Tender or document become Council's property.

8.3 Copyright and any other intellectual property rights in the Tender will, as between Council and the Tenderer, belong to the Tenderer. However, the Tenderer grants to Council (and promises that it has the full right to effectively do so) a non-exclusive, fully paid up and royalty free, perpetual, assignable licence to use, reproduce and adapt the Tender as it sees fit for the purposes of the Tender Process (and any project or initiative which arises from or is aimed at meeting similar objectives whether in whole or in part).

8.4 The Council may reproduce the Tender for the purposes of evaluation.

8.5 A Tender is irrevocable for 90 days after the Closing Time.

8.6 By submitting a Tender to Council, a Tenderer agrees that it accepts and agrees to comply with the requirements set out in Parts 1 and 2 of this Request for Tenders.


9 TENDERER’S RESPONSIBILITIES

9.1 It is the responsibility of the Tenderer to:(a) read and familiarise itself with this Request for Tenders and each document referred to in

this Request for Tenders; and(b) be satisfied about conditions and requirements that may affect the Tenderer’s ability to

submit the Tender and comply with any specified requirements; and (c) carry out its own investigations about the feasibility of the Tender and rely on that

investigation; and(d) pay its own expenses of investigating, preparing and submitting a Tender; and(e) hold or have the ability to obtain, at the Tenderer’s cost, any and all of the relevant

licenses required; and(f) form its own views as to what information is relevant to its decisions and make its own

independent investigations.

9.2 A person who spends money, makes commitments or incurs liabilities on the basis of the Request for Tenders or a Tender does so at the person's own risk and expense.

9.3 Neither Council nor any of its respective Councillors, officers, employees, advisers, consultants or agents are liable to compensate or reimburse any person for any liabilities, costs or expenses incurred in reviewing, investigating or analysing any information in connection with this Request for Tenders or for the costs and expense of creating and submitting a Tender.

9.4 The Council will not be responsible for the payment of any expenses or losses incurred by the Tenderer in:-(a) preparing and lodging its Tender; or(b) participating in any post-Tender activities.

9.5 If a prospective Tenderer requires information or clarification concerning the Request for Tenders:(a) the prospective Tenderer must direct the enquiry to the Tender Administrator; and(b) Council will not be bound by any information or clarification provided orally; and(c) Council will be bound only by information or clarification provided in writing by the Tender

Administrator on behalf of Council; and(d) if after seeking information or clarification the prospective Tenderer still has any doubt

about the meaning of any part of the Request for Tenders, the Tenderer must include in its Tender a statement:(i) identifying the uncertainty; and(ii) specifying the interpretation on which the Tender is based.

9.6 A person may not claim from Council any expenses or extension of time on the grounds that insufficient or ambiguous information was given in the Request for Tenders.

10 IMPORTANT MATTERS WHEN SUBMITTING A TENDER

10.1 This Request for Tenders has been prepared to provide interested parties with information to assist interested parties in preparing a Tender.

10.2 Except to the extent required by law, neither Council nor any of its respective Councillors, officers, employees, advisers, consultants or agents make any representation or warranty,


express or implied, as to the accuracy, reasonableness, reliability or completeness of the information or any forecast contained in or referred to in this Request for Tenders or have any liability for the information contained in it, any omissions from it or for any other communication on this matter.

10.3 This Request for Tenders does not, and does not purport to, contain all of the information that interested parties and their advisers would desire or require in reaching decisions in relation to submitting a Tender.

10.4 This Request for Tender outlines Council’s expectations in relation to the Tender Process. Council reserves the right, in its absolute discretion, at any stage to:-(a) terminate further participation by any party in the Tender Process;(b) change the structure, procedures and timing of the Tender Process;(c) consider a Tender that does not comply with the requirements of this Request for

Tenders; and(d) terminate, suspend or reinstate the Tender Process.

10.5 Under no circumstances should an interested party or its advisers make any inquiries of, or hold any discussion with any Councillors, representatives, officers, employees, financiers, suppliers, consultants or agents of Council (other than the Tender Administrator) in connection with this Request for Tenders, without the prior written consent of the Tender Administrator.

10.6 The Request for Tenders is the property of Council and must not be used or copied other than for the purposes of preparing a Tender.

10.7 Where a prospective Tenderer submits a written request for clarification on any part of the Request for Tenders which the Council deems is likely to be of interest to all prospective Tenderers, the Council will distribute both the question and the answer to all other prospective Tenderers.

11. BRIEFING & SITE INSPECTION

11.1 If it is indicated in subclause 1.3 that an inspection and briefing is scheduled, a Tenderer or a prospective Tenderer (or their nominated representative) may attend at the location indicated on the date and time specified in subclause 1.3 to inspect and view the Land if the Tenderer or the prospective Tenderer notifies the Tender Administrator in accordance with the requirements of subclause 1.3:

(a) that the Tenderer or prospective Tenderer (or their nominated representative) will attend the inspection and briefing; and

(b) of the name of the Tenderer or prospective Tenderer (or their nominated representative) who will attend the inspection and briefing.

11.2 Any information provided to by or on behalf of the Council during the briefing and inspection:-(a) will be provided for the convenience of the Tenderer only, and unless expressly

incorporated into the Lease, will not form part of the Lease; and(b) is not warranted or represented by the Council as accurate, correct or adequate; and(c) may be distributed to each Tenderer or prospective Tenderer who has obtained a copy

of the Request for Tenders.


12 ALTERNATIVE TENDERS

12.1 An Tenderer may submit a Tender (Alternative Tender) on the basis of an alternative to the Request for Tenders, including an alternative method of grazing the Land or innovative solution.

12.2 A Tenderer submitting an Alternative Tender must include in the Tender details of the benefits to Council of the alternative.

13 TENDER PROCESS

13.1 Council's conduct of the Tender Process does not give rise to any legal or equitable relationship.

13.2 The Council will provide prospective Tenderers with the Request for Tenders. No fee is payable for the supply of the Request for Tenders.

13.3 Council may decide to abandon the Tender Process at any time.

13.4 An Tenderer or prospective Tenderer may not make a Claim against Council for any matter arising out of the Tender Process, including but not limited to a failure by Council:(a) to comply with the Request for Tenders, either generally or in relation to a Tender

submitted by that Tenderer or by another Tenderer; or(b) to exercise a right under the Request for Tenders, either generally or in relation to a

Tender submitted by that Tenderer or by another Tenderer.

TENDER EVALUATION

14 OPENING OF TENDERS

14.1 After the Closing Time, the Tenders will be opened.

14.2 Tenders will not be opened publicly.

14.3 Particulars of the Tenders may at Council's discretion be provided to the Tenderers if an Information Session is later held subject to clause 23. The only exception is any information in a Tender which is clearly marked "not for public disclosure".

15 NON-CONFORMING TENDERS

15.1 If the requirements of the Request for Tenders have not been complied with in relation to a Tender (Non-Conforming Tender), Council:(a) may decide not to consider the Non-Conforming Tender; but(b) assumes no obligation to do so and may nevertheless proceed to consider the Non-

Conforming Tender.

15.2 A Tender may be considered as non-conforming if the Tenderer:

(a) has failed to supply any of the information required by the Request for Tenders;

(b) does not comply with any of the requirements of the Request for Tenders;

(c) does not specify that their Tender is an Alternative Tender and the reasons why; or


(d) lodges their Tender subject to any condition or qualification.

16 EVALUATION OF TENDERS

16.1 Council will evaluate Tenders on the basis of:(a) any evaluation criteria set out in the Request for Tenders; and(b) the information provided in the Tenderer’s Tender Form; and(c) (where relevant) the sound contracting principles in s.104(3) of the Local Government

Act 2009, which are:(i) value for money; and(ii) open and effective competition; and(iii) the development of competitive local business and industry; and(iv) environmental protection; and(v) ethical behaviour and fair dealing; and

(d) other matters that Council considers relevant.

16.2 Council may decide the weight that is to be given to the matters on the basis of which it evaluates Tenders.

16.3 Council may in evaluating a Tender:(a) require a presentation from the Tenderer; and(b) interview an Tenderer or the Tenderer’s Personnel; and(c) contact referees for an Tenderer; and(d) carry out investigations concerning a Tender or the Tenderer or its Tenderer’s

Personnel; and(e) take into account the information obtained by Council from doing any of the above.

16.4 Council may negotiate with a Tenderer in an endeavour to reach an agreement or compromise concerning any matter covered by their Tender.

16.5 Tenderers must give the members of the evaluation panel of the Council any cooperation and assistance reasonably requested of them to facilitate consideration of their Tender.

16.6 If a Tenderer’s Tender Form for a Tender is not fully completed or does not include all supporting documents and materials required by the Request for Tenders or the Tenderer’s Tender Form, the Tender may be rejected in Council’s sole discretion.

17 REFEREES

17.1 The Tenderer authorises Council to contact any referee named in the Tender Form and to:(a) disclose to the referee that Council is considering a Tender submitted by the Tenderer;

and(b) ask the referee to give Council information about the Tenderer and any current or

previous business dealings between the Tenderer and the referee.

17.2 The Tenderer agrees, for the benefit of both Council and the referee, that:(a) the referee may give Council any information that Council requests from the referee,

about the Tenderer and any current or previous business dealings between the Tenderer and the referee; and


(b) neither Council nor the referee will be under any obligation to tell the Tenderer whether Council contacted the referee, and if so what information Council requested from the referee or what information the referee gave to Council; and

(c) the Tenderer will not sue the referee for any loss or damage alleged to have been suffered by the Tenderer because the referee gave or omitted to give Council any information unless the Tenderer can prove that the referee acted in bad faith.

17.3 In this clause, a reference to a referee named in the Tender Form also includes:(a) a person identified by reference to a position within an organisation (in which case the

current and any past occupant of that position is taken to be included, as well as the organisation itself and the current occupant of any superior position within that organisation); and

(b) a person whose identity is apparent but who is not mentioned by name or who is mentioned by an incorrect name.

18 TENDER MODIFICATION

18.1 Before making a decision on Tenders, Council may invite all Tenderers to modify their Tenders if Council decides to change the Request for Tenders or Specification.

19 ACCEPTANCE AND REJECTION

19.1 Council may:(a) accept one Tender, or more than one Tender, for the whole of Council’s

requirements; or(b) accept one Tender, or more than one Tender, for a portion of Council’s requirements, and, in doing so, may:(c) accept a Tender that Council considers to present the best solution (even if the

Tender is an Alternative Tender or a Non-Conforming Tender); and(d) accept a Tender which is not the lowest Tender.

19.2 Council may decide not to accept any Tender.

19.3 If Council accepts a Tender, it will give the Tenderer a Letter of Acceptance.

19.4 If Council decides not to accept a Tender:(a) it will notify the Tenderer that they have been unsuccessful; but(b) any failure by Council to give, or delay by Council in giving, that notification does not

confer any legal rights on the Tenderer.

POST-EVALUATION PROCESSES

20 EFFECT OF LETTER OF ACCEPTANCE

20.1 If Council gives an Tenderer a Letter of Acceptance:(a) that Tenderer is called the Successful Tenderer; and(b) the giving of the Letter of Acceptance gives rise to an agreement by Council to grant,

and the Successful Tenderer to accept, the Tendered Lease; and


(c) Council will issue the Lease Document to the Successful Tenderer; and(d) within 14 days after Council does so, the Successful Tenderer must:

(i) execute the Lease Document in triplicate and give it back to Council; and(ii) ensure that subclause 22.1 of this Request for Tenders is complied with; and(iii) give Council any evidence of insurance that the Lease Document requires the

Successful Tenderer to give to Council on or before taking possession of the Land, regardless of whether Council has actually made that request; and

(iv) pay to Council any costs (such as legal fees, survey fees and registration fees) payable by the Successful Tenderer under the Lease Document in respect of the preparation, negotiation, execution and registration of the Lease Document and any survey plan relating to the Lease Document or the Land to which they apply, whether or not they would otherwise have yet fallen due for payment; and

(v) give to Council any bank guarantee required to be given to Council under the Lease Document, whether or not the time for the Successful Tenderer to do so would otherwise have yet arrived.

20.2 Council will grant the Tendered Lease to the Successful Tenderer if:(a) the Successful Tenderer complies with subclause 20.1; and

(b) the documents referred to in subclause 20.1 are to Council’s satisfaction; and

(c) the Successful Tenderer would not be in default under the Tendered Lease immediately upon Council granting the Tendered Lease.

20.3 Council is not obliged to grant the Tendered Lease to the Successful Tenderer, and may withdraw any acceptance of the Successful Tenderer’s Tender, if:(a) the Successful Tenderer has not complied with subclause 20.1 on time; or

(b) the documents referred to in subclause 20.1 are not to Council’s satisfaction; or

(c) the Successful Tenderer would be in default under the Tendered Lease immediately upon Council granting the Tendered Lease.

20.4 If subclause 20.3 applies, Council may:(a) re-evaluate the Tenders submitted to Council in response to this Request for Tenders;

and

(b) exclude the previously Successful Tenderer from the re-evaluation; and

(c) accept another Tender during the Validity Period.

21 VALIDITY PERIOD

21.1 During the Validity Period:(a) a Tenderer cannot withdraw their Tender (or the offer constituted by it) except with

Council's approval; and(b) Council may accept the Tender under clause 19 of this Request for Tenders.

21.2 Nothing here prevents Council from accepting a Tender after the Validity Period if the Tenderer has not withdrawn the Tender.


22 POST-CLOSING TIME FEEDBACK

22.1 Council may provide an information session for unsuccessful Tenderers.

22.2 At an information session Council may reveal:(a) the name of, and the total price range submitted by, the Successful Tenderer; and(b) the names of, and the total price range submitted by, other Tenderers; and(c) the reasons for unsuccessful Tenders not being accepted.

22.3 The giving of reasons for unsuccessful Tenders not being accepted at an information session does not:(a) imply an obligation on Council's part to give those reasons; or(b) mean that the reasons given are binding on Council; or(c) limit the reasons which may be given by Council in any proceedings concerning the

Tenders.

OTHER MATTERS

23 PROBITY

23.1 A Tenderer will not directly or indirectly offer or give to:(a) Council; or(b) any Councillor, officer, employee, adviser, consultant or agent of Council; or(c) any parent, spouse, child, relative or associate of a Councillor, officer, employee,

adviser, consultant or agent of Council,any commission, inducement, gift or reward which is calculated to, or could reasonably be expected as tending to, influence decisions made or to be made in connection with the Tenders by Council or any person representing Council.

23.2 A Tenderer will not counsel, procure, assist or encourage any other person to do a thing which would breach subclause 23.1 if it had been done by the Tenderer.

23.3 A Tenderer warrants that:(a) its Tender is in all respects an independent Tender; and(b) no collusion has taken place between the Tenderer and any other Tenderer (or

prospective Tenderer) in connection with:(i) the Tenderer’s Tender; or(ii) another Tenderer’s Tender; or(iii) a decision by another prospective Tenderer not to submit a Tender.

23.4 A Tenderer warrants that, to the best of its knowledge, no Conflict of Interest exists at the time of the submission of the Tenderer’s Tender.

23.5 If a Conflict of Interest arises before Council has notified the Tenderer of the acceptance or rejection of the Tenderer’s Tender, the Tenderer must immediately give notice of it to Council.


24 CONFIDENTIALITY

24.1 A Tenderer must not, and must ensure that its Personnel do not, use or disclose Confidential Information except if and to the extent that:(a) Council consents to the use or disclosure; or(b) the use or disclosure is required by law; or(c) the use or disclosure is required in order for the Tenderer to comply with this Request for

Tenders; or(d) the Confidential Information is disclosed by the Tenderer to any of its Personnel who

need to know the Confidential Information in order for the Tenderer to submit a Tender and:(i) the Tenderer makes those Personnel aware that the Confidential Information is

confidential, must be kept confidential and must not be used or disclosed except if and as allowed by this Request for Tenders; and

(ii) if required by Council, the Tenderer obtains from those Personnel a confidentiality deed in a form acceptable to Council; or

(e) the Confidential Information is disclosed on a bona fide basis by the Tenderer to a lawyer, accountant or auditor for the Tenderer.

24.2 If:(a) the Tenderer uses or discloses Confidential Information; and(b) the Confidential Information comes into the possession of, or to the knowledge of, a

person as a result of the Tenderer’s use or disclosure of the Confidential Information (whether permitted by, or in breach of, this Request for Tenders); and

(c) that person uses or discloses the Confidential Information in a way that would have constituted a breach of this Request for Tenders had that use or disclosure been made by the Tenderer,

the Tenderer is liable in relation to that last use or disclosure as if it had been made by the Tenderer personally.

24.3 The Tenderer must, on Council's written demand, give to Council any documents or other media in its possession, power or control containing any of the Confidential Information.

24.4 The Tenderer acknowledges that Council may be required to disclose information concerning the Tenderer or a Tender in order to comply with (or to enhance compliance with) Statutory Requirements, including those arising under the Right to Information Act 2009 and the Local Government Act 2009. The Tenderer agrees not to make any claim against Council in connection with any such disclosure.

24.5 All Tenders are made on the basis that Council will be under no confidentiality restraints in respect of information in a Tender. Accordingly a Tenderer should not apply any confidentiality markings to a Tender. Any Tenders which indicate that the information contained is confidential may not be evaluated.

25 ANNOUNCEMENTS AND PUBLICITY

25.1 The Tenderer must:(a) not either itself or through its Personnel disclose to the media any information regarding

a Tender or the Request for Tenders or anything done in connection with the Request for Tenders; and


(b) refer all enquiries from the media relating to any matter regarding a Tender or the Request for Tenders or anything done in connection with the Request for Tenders to Council as soon as possible after receiving such an enquiry; and

(c) notify Council immediately on becoming aware of any event arising in the course of a Tender or the Request for Tenders or anything done in connection with the Request for Tenders which may receive media attention.

26 TENDERER’S PERSONNEL

26.1 A Tenderer will:(a) ensure that the Tenderer’s Personnel comply with the Tenderer’s obligations under this

Request for Tenders; and(b) be liable for the acts, omissions and conduct of the Tenderer’s Personnel as if they were

the personal acts, omissions or conduct of the Tenderer; and (c) ensure that it and any of its Personnel conduct themselves with propriety and do not

engage in anti-competitive conduct.

27 OFFICIAL NOTICES

27.1 An Official Notice to the Tenderer is taken to have been effectively and properly given only if it is in writing, signed by or on behalf of Council and:(a) delivered to any street address for the Tenderer specified in the Tender or any additional

or substitute street address that the Tenderer has notified to Council for the purpose; or(b) sent by prepaid post to any street address or postal address for the Tenderer specified in

the Tender or any additional or substitute street address or postal address that the Tenderer has notified to Council for the purpose; or

(c) sent by electronic transmission to any email address for the Tenderer specified in the Tender or any additional or substitute email address that the Tenderer has notified to Council for the purpose; or

(d) if the Tenderer is or includes an individual – delivered to that individual; or(e) if the Tenderer is or includes a company – served in a way provided by the Corporations

Act 2001.

27.2 An Official Notice to the Tenderer is taken to have been given at the following time:(a) if it is delivered – when it is delivered; or(b) if it is sent by prepaid post to an address in Australia – 2 Business Days after it is

properly addressed and posted; or(c) if it is sent by prepaid post to an address outside Australia – 7 Business Days after it is

properly addressed and posted; or(d) if it is sent by electronic transmission between the hours of 9am and 5pm on a Business

Day – at the time at which, according to an electronic transmission report produced by the machine from which it was sent, it was successfully transmitted in full to the correct email address; or

(e) if it is sent by electronic transmission before 9am or after 5pm on a Business Day, or on a day which is not a Business Day – the next time it is 9am on a Business Day but only if, according to an electronic transmission report produced by the machine from which it was sent, it was successfully transmitted in full to the correct email address.


27.3 An Official Notice to Council is taken to have been effectively and properly given only if it is in writing, signed by or on behalf of the Tenderer and served under s.238 of the Local Government Act 2009.

28 APPROVALS

28.1 If this Request for Tenders provides or allows for Council to give an Approval:(a) the Approval is not taken to have been given unless it is given in writing and signed by a

delegate of Council having authority to give the Approval; and(b) if the Approval is given, it may be given on conditions, including conditions that:

(i) operate as conditions precedent to the Approval (in which case the Approval is not taken to have been given unless those conditions are satisfied); or

(ii) require the Tenderer to do something or refrain from doing something (in which case the Approval is not taken to have been given unless the Tenderer complies with those conditions); and

(c) Council is not obliged to give the Tenderer any reasons for a decision about the Approval (including a decision to give the Approval, to impose conditions on an Approval or not to give the Approval) unless this Request for Tenders says otherwise; and

(d) the decision about the Approval is to be made in the absolute discretion of Council unless this Request for Tenders says otherwise.

28.2 Whenever this Request for Tenders refers, in words or to the effect, to a matter or thing being to the "satisfaction" of Council that means to the satisfaction of Council in its absolute discretion.

29 RIGHT TO INFORMATION & DISCLOSURE

30.1 The RTI Act provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies (including local governments).

30.2 The RTI Act requires that documents be disclosed upon request, unless the documents are exempt or, on balance, disclosure is contrary to the public interest.

30.3 Information provided by the Tenderer is potentially subject to disclosure to third parties pursuant to the RTI Act.

30.4 If disclosure under the RTI Act, or general disclosure of information provided by the Tenderer, would be of substantial concern to the Tenderer, because it would disclose trade secrets, information of commercial value, the purpose or results of research or other information of a confidential nature, including Personal Information, this should be indicated by the Tenderer in its Tender. The Council cannot guarantee that any information provided by the Tenderer will be protected from disclosure under the RTI Act.

30.5 The Tenderer must familiarise itself with the relevant provisions of the RTI Act dealing with the requirements for disclosure of information by agencies, and the grounds on which access to information may be refused.

30.6 The Council accepts no responsibility for the accuracy or adequacy of any information it provides to Tenderers concerning the content or effect of the RTI Act.


30 INFORMATION PRIVACY

30.1 The Council is bound by the provisions of the IP Act.

30.2 By submitting a Tender, the Tenderer warrants that it has obtained the consent of each individual whose Personal Information is included in the Tender for:-

(a) the inclusion of their Personal Information in the Tender; and(b) the use of the Personal Information by the Council for the purpose of evaluating the

Tender; and(c) the disclosure of the Personal Information to other parties (including professional

advisers) as may be involved in assisting the Council with the evaluation of the Tender.

30.3 The Tenderer must indemnify the Council against any claim, damage or loss (including legal costs and expenses) that the Council may incur as a consequence of a breach by the Tenderer of the warranty in clause 30.2.

30.4 Any Personal Information exchanged between the Tenderer and Council must be dealt with in accordance with the IP Act.

30.5 The Tenderer must immediately notify Council upon becoming aware of any breach of this clause 30.

31 GOVERNING LAW

31.1 This Request for Tenders and the Tender Process are governed by the laws of Queensland.

31.2 The courts and tribunals of Queensland at Gatton, Ipswich and Brisbane, and the courts and tribunals of appeal from the courts and tribunals of Queensland, have non-exclusive jurisdiction to deal with any dispute concerning this Tender Process:-(a) within their respective jurisdictional limits as regards the subject matter of the dispute,

the amount involved in the dispute and the relief sought; and(b) without regard to the geographical or territorial jurisdictional limits that would otherwise

apply.


PART 3 - TENDER FORM

EOI Number: LVRC-17-22EOI Title: Grazing Lease of Various Lots at Grantham

Content in this form which is shaded and headings are NOT to be altered in any way.

If the format of any section of this form is unsuitable, or if there is insufficient space in any section of this form, include an attachment with the necessary responses and complete the relevant section of this form as "See Attachment". Any such attachment MUST repeat the relevant heading and question from this form and be placed directly following the Tender Form in your proposal.

This Tender Form relates to Council's Request for Tenders identified above. Any terms defined in the Request for Tenders have the same meanings when used in this Tender Form unless indicated otherwise.

Part 2 of this Request for Tenders sets out the conditions for tendering. By submitting this Tender Form, the Tenderer agrees to the conditions in the Request for Tenders and intends that this Tender Form will be a Tender for the purposes of the conditions in the Request for Tenders.

1 TENDERER DETAILS

Name of Tenderer ¹ If Tenderer is a company – specify the

full company name and company directors.

If Tenderer is a trust – specify the names of each trustee of the trust.

If Tenderer is an individual or partnership, specify the full name of each individual or partner.

If Tenderer trades under a business name, specify the registered business name.

Tenderer’s ACN If Tenderer is a company.

Tenderer’s ABN

Tenderer’s postal address

Tenderer’s street address

Tenderer’s phone number

Tenderer’s contact person Name:

Direct Phone:


For enquiries during the Tender Process, notices and other enquiries.

Email Address:

2 LEASE OFFER

Financial Offer

Does your proposal meet Council’s Minimum Lease Terms

Yes No

If No, provide details of any departure from the Minimum Lease Terms and how this benefits Council:

Provide details of any factors that may impact on your ability to commence the Lease on 15 June 2017

Provide details of any proposed innovation with respect to the Tender offer

If submitting an Alternative or Non-Conforming Tender , please outline the benefits to Council

Does this Tender conform to the Request for Tenders in every respect?

Yes No

If No, set out details of each departure requested by the Tenderer:

3 FINANCIAL CAPACITY

Tenderers are to provide financial statements for the last 3 years. Are these financial statements attached:

Yes No


Tenderers are to provide details of any factors that may impact on their ability and capacity to fund their proposal

4 EXPERIENCE

Provide a summary of the Tenderer’s experience in undertaking grazing activities

Provide any other comments in support of your suitability for leasing the Land

5 TENDERER’S INSURANCE

Details of Tenderer's Workcover insurance

Insurer:

Policy number:

Sum insured:

Current to:

Details of Tenderer's public liability insurance

Insurer:

Policy number:

Sum insured:

Current to:

PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE FOR EACH INSURANCE POLICY MENTIONED ABOVE.

6 LEGAL COMPLIANCE

Has the Tenderer or any of the Tenderer's Personnel ever been found guilty of an offence under environmental or other legislation?

Yes No

If Yes, give details:

Has the Tenderer or any of the Tenderer's Personnel ever received notice from a relevant authority of an alleged breach of environmental or other legislation?

Yes No


Is the Tenderer aware of any Yes No


currently existing circumstances which would place the Tenderer or any of the Tenderer's Personnel in breach of any environmental or other legislation?


7 CONFLICTS OF INTEREST AND MATERIAL INTERESTS

Does a Conflict of Interest exist?

Yes No


Does a material interest exist, or the risk of a material interest exist, between the Tenderer and any councillor, officer, employee, adviser, consultant or agent of Council in relation to the Tender Process?

Yes No


8 RIGHT TO INFORMATION ACT REQUIREMENTS

Is there any part of the Application of concern to the Tenderer, if released under the RTI Act or the IP Act?Note: This information is being sought for the purposes of applying any relevant exemptions that might be available under the RTI Act or the IP Act. However, Council cannot give any guarantee to the Tenderer that the information will be protected from disclosure.

Yes No

If Yes, please specify the component of your Tender and which of the following categories it relates to:

Trade Secret Commercial Value Results of Research Confidential nature

9 REFEREES

Does the Tenderer wish to name any referees?

Yes No

Name of Referee Organisation Contact detailsAddress, phone, email

Why have you named this refereeDetails of your previous/current dealings with this referee, when they took place and why they are relevant to assessment of your Tender


10 SIGNING

In signing this Tender Form, the persons named below certify that in submitting the Tender on behalf of the Tenderer:-(i) they have read, understood and complied with the requirements of the Request for

Tenders; and(ii) the enclosed Tender Form and all supporting materials are a true and accurate account

of their Tender; and(iii) they are duly authorised on behalf of the Tenderer to submit this Tender and bind the

Tenderer.

10.1 Is the Tenderer an individual (i.e. sole trader)? If Yes – complete signing clause below. If No – proceed to10.2.

Yes No

Signature of Tenderer:

Print full name of Tenderer:

Insert date of signing:

10.2 Is the Tenderer a partnership? If Yes – complete signing clause below. If No – proceed to 10.3.

Yes No

Signature of each partner in the partnership:

Print full name of each person signing above:


10.3 Is the Tenderer a company? If Yes – complete question and

signing clause below. If No – proceed to 10.4

Yes No

How many directors does the Tenderer have: If the Tenderer has only one

director, that person must sign below.

If the Tenderer has 2 or more directors, at least two directors must sign below.

One 2 or more

Signature(s) of director(s) required to sign:

Print full name of each director signing above:



11 PRIVACY STATEMENT

Council is collecting Personal Information from the Tenderer for the purpose of administering the Tender Process and any subsequent Lease. This Personal Information may be shared with Queensland Government departments or agencies, Queensland Government bodies, Non-Government Organisations and/or Commonwealth, States or Territories where required for the purpose of administering the Tender Process and any subsequent Lease. Personal Information will not be otherwise disclosed to any other third party without the consent of the Tenderer, except where authorised or required by law.


PART 4 – AERIAL PLAN



PART 5 – LEASE


Documents

PART 1 – Web viewINTRODUCTION. The Lockyer Valley Regional Council (Council) has resolved to seek tenders for the lease of various parcels of land at Grantham (Land