Request for Proposal - Commercialisation of tropical ......0.5 1.0 1.5 2.0 2.5 3.0 34 36 53 71 78 241 279 Hybrid Number 2015 2016 0 2 4 6 8 10 12 14 16 16 16 16 16 16 16 16 16 16 16

www.nt.gov.au

DEPARTMENT OF PRIMARY INDUSTRY AND RESOURCES

Tropical Passionfruit

Request for Proposal

Commercialisation of tropical

passionfruit

Tropical Passionfruit RFP

Page i

Contents 1. Introduction .............................................................................................................................................................. 1

2. Background ............................................................................................................................................................... 2

2.1. Commercial production of passionfruit ...................................................................................................... 2

2.2. Territory research ............................................................................................................................................ 2

2.3. Varietal details .................................................................................................................................................. 3

Panama x edulis clones .......................................................................................................................................... 3

‘Pan2’ Panama Red clone ....................................................................................................................................... 3

3. The Opportunity ...................................................................................................................................................... 7

4. Evaluation Criteria ................................................................................................................................................... 8

4.1. Eligibility (Mandatory Criteria) ...................................................................................................................... 8

4.2. Entity Stability .................................................................................................................................................. 8

4.3. Financial Capacity ............................................................................................................................................ 8

4.4. Nursery and Production Capability .............................................................................................................. 8

4.5. Commercialisation Capability ........................................................................................................................ 9

4.6. Remuneration Terms ...................................................................................................................................... 9

4.7. Vision and Innovation ..................................................................................................................................... 9

4.8. Biosecurity and Sustainability ....................................................................................................................... 9

4.9. Local Industry participation ......................................................................................................................... 10

5. The RFP Process .................................................................................................................................................... 11

5.1. Release and Enquiries ................................................................................................................................... 12

5.2. Submission of Proposal ................................................................................................................................ 12

5.3. Assessment of Proposals ............................................................................................................................. 12

5.4. Shortlisting of Proponents ........................................................................................................................... 13

5.5. Negotiation Process ...................................................................................................................................... 13

5.6. Negotiation of Project Agreement and selection of the Successful Proponent ............................... 13

5.7. Timeframes for RFP Process ....................................................................................................................... 14

5.8. Changes during the process ........................................................................................................................ 14

6. Proposal requirements .......................................................................................................................................... 15

7. Probity ...................................................................................................................................................................... 16

8. Further information ............................................................................................................................................... 17

8.1. Due diligence .................................................................................................................................................. 17

8.2. Treatment of information in Proposals ..................................................................................................... 17

8.3. Communication and enquiries .................................................................................................................... 18

9. Terms and Conditions of the RFP Process ....................................................................................................... 19

Glossary - Definitions .................................................................................................................................................... 24


Page 1

1. Introduction

The Northern Territory Economic Development Framework identifies agribusiness as one of the priority sectors for growing the economy. The Department of Primary Industry and Resources (the Department) is committed to the development of agribusinesses and delivering greater ‘on farm’ impact of its research work.

The Department’s research has delivered promising new passionfruit varieties adapted to Top End conditions. Commercialisation of these varieties presents a valuable business opportunity and will contribute to the growth of the horticultural industry. This in turn supports those businesses along the value chain and helps the Territory to achieve scale.

This Project to commercialise tropical passionfruit offers the Successful Proponent:

Access to hybrid germplasm adapted to tropical conditions and selected for high fruit quality;

Germplasm that is free from passionfruit woodiness virus offering extended productivity

through longer vine life;

Potential for product supply to the high price domestic market window of

October/November which has limited supply by southern Australian production;

Exclusive access to potential new hybrids currently under assessment; and

Access to the Department’s horticultural expertise to assist in project delivery.

The Territory is seeking Proposals from suitably qualified proponents to commercialise tropical passionfruit germplasm. This will require a combination of nursery production, fruit production and marketing expertise. Commercialisation represents the opportunity to capitalise on years of research to produce a locally grown, high quality fruit that looks and tastes superb.

This document:

Informs Proponents of relevant information regarding the Project;

Invites Proponents to submit a Proposal;

Details the criteria for the evaluation of Proposals;

Sets out the process the Territory will follow in evaluating proposals and shortlisting

Proponents;

Details how the Territory will negotiate with the aim of entering into a Project Agreement; and

Contains the terms and conditions that will govern the RFP Process.

When reading this RFP, Proponents should ensure they familiarise themselves with the Glossary attached to this RFP which defines capitalised terms used throughout this document.


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2. Background

2.1. Commercial production of passionfruit

The majority of commercial passionfruit is grown along the east coast of Australia from far north Queensland to northern New South Wales. There are also smaller production areas in Victoria, Western Australia and South Australia. Horticulture Innovation Australia1 estimates that there was 80 commercial growers in 2014-15 producing 4,269 tonnes of passionfruit.

The passionfruit industry in the Northern Territory has historically been limited to semi-commercial producers on small blocks. There are currently around six growers in the Northern Territory supplying local markets and supermarkets as part of a mixed horticultural enterprise.

Passionfruit production in the Northern Territory has traditionally focussed on the Panama Red (Passiflora edulis forma flavicarpa) varieties as they are suited to a tropical climate. The purple edulis hybrid (P. edulis f. edulis x P. edulis f. flavicarpa) varieties grown in other States are known to have a greater depth of flavour and attract considerably higher prices at market. However, this germplasm is not suited to lowland tropical climates.

The market price of fresh passionfruit in Australia peaks in October and November due to limited supply from the traditional Australian production areas. Early indications are that supply of fruit into this seasonal window may be achievable with appropriate production and supply chain development linked with these new hybrid clones.

2.2. Territory research

Research on passionfruit in the Territory dates back to the 1970s by CSIRO and the Department. More extensive research recently undertaken has resulted in further development of the crop. This work has culminated in the development of new hybrid varieties with edulis fruit quality characteristics and the robustness of Panama types which are better adapted to the Northern Territory’s Top End and Katherine regions.

The new varieties have produced uniform, consistent, quality fruit in experimental plantings. Dry season flowering and fruit set is optimised by the absence of rain events, lower humidity and cooler temperatures. This enables potential supply into the high price market window of October/November in southern Australian markets.

New varieties have undergone preliminary evaluation by growers on commercial farms in the Darwin and Katherine region.

The production of disease free planting material is essential to successful development of new plant varieties and comprehensive disease surveys in conjunction with virus indexing were completed to ensure virus free plant material and disease tolerant rootstock were developed. The current germplasm was virus indexed using both polymerase chain reaction and standard indicator plant inoculations in early 2016 and shown to be free of viruses associated with the passionfruit woodiness virus complex and considered free of this serious disease. This represents a significant advantage for the Territory whilst freedom can be maintained.

Whilst the Department has taken all reasonable steps to ensure planting material is disease free, the germplasm is not guaranteed to be free from, or susceptible to, other plant pathogens (bacterial and fungal). The Department is aware of a single detection of a suspected bacterial infection in a plant which originated from the Department’s research and has subsequently been destroyed. Visual surveillance of plants that remain from this research trial was also conducted and no further

1 Horticulture Innovation Australia Limited. 2017. Passionfruit Strategic Investment Plan – 2017-2021. Accessed on-line at http://horticulture.com.au/wp-content/uploads/2017/04/HortInnovation-passionfruit-SIP.pdf

http://horticulture.com.au/wp-content/uploads/2017/04/HortInnovation-passionfruit-SIP.pdf


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detections were made. Confirmatory diagnosis is currently underway, and prospective Proponents will be offered a fuller description of the results of pathogen detection analysis once available.

To manage the risk of passionfruit woodiness virus entering the Northern Territory in association with passionfruit plants the Plant Health Act (NT), through the Plant Health Regulations, prohibits importations of passionfruit plants into the Northern Territory unless the plants are accompanied by a government certificate or plant health assurance certificate that demonstrates requirements relating to passionfruit woodiness virus have been met. Commercial production using these new varieties could therefore be used to supply interstate wholesale markets and export markets free from passionfruit woodiness virus, subject to interstate and international regulations.

2.3. Varietal details

Panama x edulis clones

Field data were collected from single plant plots of a number of clones in 2015. These were grafted to a selected flavicarpa rootstock seed line and established at Berrimah Research Farm. Vines were planted in March 2015 and were hand pollinated for the period of the first flowering.

Based on this data and other observations, the Department has selected seven (7) advanced clones of panama x edulis. Selection has been primarily based on fruit quality parameters, yield and harvest period. Fruit, flowering and harvest characteristics for these clones are summarised in Table 1.

Figure 1 presents a subjective assessment of external fruit quality rating based on skin colour, shine, smoothness, scarring and fruit shape. Figure 2 presents the cumulative vine yield averaged over five vines of each hybrid. Note that due to the implementation of hand pollination yield data reflects the maximum potential fruit set.

The three most promising selections for the Darwin region are considered to be hybrids 53, 78 and 279.

‘Pan2’ Panama Red clone

A high yielding, good quality clone of Panama Red ‘Pan 2’ has been selected and has also been tested as passionfruit woodiness virus free.


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Table 1: Summary of mean 2015 hybrid fruit characteristics

Hybrid no. 34 36 53 71 78 241 279

Characteristic

Weight (g) 97 77 77 90 90 79 75

Rind (mm) 6.5 5.5 5 5.5 5.5 4.7 5

Pulp pH (unit) 3.2 3.3 3.2 3.3 3.3 3.2 3.1

Brix (o) 17.4 16.7 16 18.3 18.3 16.9 17.5

Pulp (%) 47 49 45 44 44 45 37

Pulp weight (g) 45 38 34 39 39 36 28

Shelf life (days) 15 14 13 14 13 14 13

Fruit photograph

Time from planting to flowering

Start (week number)

14 14 11 13 15 10 15

End (week number)

18 20 20 20 20 18 20

Duration (weeks)

4 6 9 7 5 8 5

Time from planting to harvest

Start (week number)

22 23 20 22 24 19 23

End (week number)

28 29 28 29 30 30 29

Duration (weeks)

6 6 7 7 6 11 6


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Hybrid no. 34 36 53 71 78 241 279

Characteristic

Time from flower to harvest

Duration (weeks)

8 9 9 9 9 9 8

Total fruit per vine (number) 160 202 214 165 178 157 185

Total yield per vine (kg) 12.2 13.7 13.4 13.4 13.6 11.0 12.1

Fruit set (%) 50.3 47.6 43.8 53.7 48.5 55.3 44.2

Estimated yield from 900 vines

(tonne per ha) 11.0 12.3 12.1 12.1 12.3 9.9 10.9


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Figure1: External fruit quality rating. Note that ratings are a combined subjective measurement of skin colour, shine, smoothness, scarring and fruit shape observed over the harvest seasons of 2015 and 2016.

Figure 2: Hybrid vine cumulative yield. Mean single vine yield of five vines for the 2016 harvest season.

0.0

0.5

1.0

1.5

2.0

2.5

3.0

34 36 53 71 78 241 279

Hybrid Number

2015 2016

0

2

4

6

8

10

12

14

16

18

-Au

g-1

6

25

-Au

g-1

6

01

-Sep

-16

08

-Sep

-16

15

-Sep

-16

22

-Sep

-16

29

-Sep

-16

06

-Oct

-16

13

-Oct

-16

20

-Oct

-16

27

-Oct

-16

03

-No

v-1

6

kg

53 34 36 71 279 78 241

Poor

Medium

Good


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3. The Opportunity

The Territory’s contribution to the Project will be the provision of the tropical passionfruit stock and Intellectual Property associated with that stock, as it has been developed to date.

The Territory will provide to the Successful Proponent at a negotiated time:

Research quantities of propagules of the 3 Flavicarpa selections.

Research quantities of 7 of the 2015 selections and the 1 ‘Pan2’ Panama Red clone.

Exclusive access to potential new hybrids currently being selected and assessed. This

germplasm has yet to be publicly released and there is early indication of promising

selections.

Support from the Department’s horticultural officers for a period of 6 months from the

commencement of the Project Agreement, capped at 40 hours excluding travel time. Any

further assistance will be negotiated on a time and cost basis.

A Project Agreement will be developed to include terms dealing with:

Exclusive or shared access to passionfruit propagule;

Quantities of passionfruit propagules and the timeframe for provision;

The Successful Proponent’s Project Implementation Plan for propagation and production

including timeframes for project delivery; and

Financial payment to reflect the transfer of plant material, Intellectual Property, forgone point

of sale share and naming rights.


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4. Evaluation Criteria

Proposals will be assessed against the Evaluation Criteria described in Sections 4.1 to 4.9 below.

4.1. Eligibility (Mandatory Criteria)

An entity (including individuals, companies and organisations) is eligible to participate in this RFP Process if it:

Has an Australian Business Number (ABN);

Has the capacity to enter into a legally binding agreement with the Territory;

Has the demonstrated capacity to participate in the Project; and

Has demonstrated accreditation or a pathway to accreditation with the Nursery Industry

Accreditation Scheme Australia (NIASA).

This criteria is mandatory. Any proposal that does not meet these mandatory requirements may be deemed non-conforming, set aside and not evaluated.

4.2. Entity Stability

Proponents are to provide details to demonstrate the stability of the entity that will, if successful, enter into a Project Agreement.

Proponents must provide the following information, to the extent it is applicable:

Name, address, ABN/ACN number (including all members of any consortium);

Name, address, telephone number and email address of the relevant contact person;

History and corporate structure of the entity including details of shareholdings;

Company office holders;

Legal and financial structures/relationships including proposed roles and responsibilities of

the parties;

Evidence of written agreements between consortium parties (if applicable);

An ASIC historical company extract for each entity (made not more than 5 days prior to the

closing date for Request for Expressions of Interest); and

Any other information reasonably required by the Territory in order to demonstrate the

entity’s stability.

4.3. Financial Capacity

Proponents are to provide sufficient details that demonstrate the financial capacity of the Proponent entity proposing to deliver the Project.

Proponents are to provide proposed financial structure, strategy and funding arrangements for the Project and any supporting information to demonstrate availability of funding (e.g. bank letter of support).

4.4. Nursery and Production Capability

Proponents are required to demonstrate capability in both nursery and commercial plant production, either in-house or in partnership with another eligible entity.

Proponents are to provide information to demonstrate skill and experience in successfully undertaking nursery propagation and commercial plant production of a similar size, scale, nature and complexity within agreed budget and timeframes.


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Proponents are required to demonstrate how they will:

Supply fresh fruit into Australian and/or international markets;

Propagate disease free, grafted plants for sale into Australian and/or international wholesale

and retail nursery markets;

Maintain uniformity of Flavicarpa root stock selections for rootstock seed supply; and

Maintain passionfruit woodiness virus freedom.

4.5. Commercialisation Capability

Proponents are required to demonstrate capability in commercialisation of comparable horticultural products including:

Capacity to adequately resource all aspects of commercialisation;

Planned timing and location for production in commercial quantities;

Application of innovation and best practice in horticulture projects and delivery; and

Any other information to demonstrate capability and experience to deliver a horticultural

project.

The following are factors that may be relevant to the Proponent’s submission:

Anticipated products and markets;

Product branding;

Production systems and infrastructure including sourcing of inputs;

Product handling and packing systems;

Supply chain logistics including cold chain requirements;

Value chain partners; and

Labour force requirements.

4.6. Remuneration Terms

Proponents are to provide details of their offer for access to the plant material on the basis of exclusive access and shared access (exclusive to all Successful Proponents).

The offer is to reflect Intellectual Property developed to this point, forgone Point of Sale share revenue and opportunity for naming rights on the basis of exclusive access and indicate the timing and method for payment.

Proponents are to provide their approach to sharing and protection of any future Intellectual Property associated with the development of new selections.

4.7. Vision and Innovation

Proponents are encouraged to consider a longer term research and development plan that demonstrates their vision for the passionfruit industry in the Northern Territory, including:

Alternative products and markets for germplasm and fruit;

Processing of fruit; and

Future development of tropically adapted hybrid selections.

4.8. Biosecurity and Sustainability

Proponents are to provide information about how its proposed commercialisation project will identify and manage biosecurity risks as well as the sustainability of their production activities, including:


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Details of biosecurity management for the commercialisation process, particularly the

maintenance and demonstration of passionfruit woodiness virus freedom; and

Details of any innovation in production systems including sustainable water design and on-

farm distribution.

4.9. Local Industry participation

Proponents are to provide information about how its proposed commercialisation project will incorporate local industry participation and training opportunities including:

Details of the Buy Local / NT industry participation, sourcing and buying actions that will

be undertaken. Please refer to www.buylocal.nt.gov.au/

Details as to how the Proponent will enhance the capabilities of local business including

details as to employment opportunities to be created generally;

Details of opportunities created for apprentices, training, jobs and local indigenous

enterprise and;

Any other projected benefits for the local region.

http://www.buylocal.nt.gov.au/


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5. The RFP Process

The RFP Process is summarised in Figure 3 below and described in more detail at sections 5.1-5.8. The timeframes stated are indicative only and the Territory reserves the absolute discretion to change the timeframes at any time and for any reason.

Figure 3: Request for Proposal process and timelines


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5.1. Release and Enquiries

The RFP will be advertised for a period of ten (10) weeks.

During this time Proponents are required to register their interest via email to the Project Manager [email protected]

During this time Proponents are also invited to seek any further information via email to the Project Manager [email protected]

All information provided by the Project Manager will be posted on the Project Webpage at www.dpir.nt.gov.au

5.2. Submission of Proposal

Proposals must be submitted electronically prior to 5:00 pm ACST on 28 February 2018. Late submissions will not be accepted.

Only electronic submissions will only be accepted sent to the following address: [email protected]

Proposals are to be clearly marked: CONFIDENTIAL Tropical Passionfruit Project RFP

Proponents are responsible for all costs associated with preparation and lodgement of their Proposal, and participation in the RFP Process.

All Proposals will remain unopened until the closing time.

5.3. Assessment of Proposals

The Territory has established an assessment panel to evaluate the Proposals received under the RFP Process for compliance against the requirements set out in this RFP.

Proposals will be assessed against the Evaluation Criteria listed below in Table 2 and described in more detail in section 4.

Table 2: Evaluation Criteria

Evaluation Criteria Weighting (per cent)

1. Eligibility Mandatory

2. Entity stability 10

3. Financial capacity 10

4. Nursery and Production Capability 20

5. Commercialisation Capability 20

6. Remuneration Terms 10

7. Vision and innovation 10

8. Biosecurity and sustainability 10

9. Local industry participation 10

mailto:[email protected]


http://www.dpir.nt.gov.au/


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The Territory may in its absolute discretion seek clarification of a Proposal or other information provided by Proponents.

5.4. Shortlisting of Proponents

The Territory reserves the right in its absolute discretion to shortlist any number of Proponents, based on the number of Proposals.

Shortlisting of Proponents will be based on the evaluation of Proposals in accordance with Evaluation Criteria as set out in Table 2.

The Territory reserves the right in its absolute discretion to take into account any other factors it deems necessary and appropriate when shortlisting Proponents.

Shortlisted Proponents will be notified by the Territory as to their shortlisted status. The Territory will hold in reserve the Proposals of the non-shortlisted Proponents which may still be considered in the event the Territory elects not to proceed with any shortlisted Proponents.

A Proponent that has been notified that they have not been shortlisted is entitled to withdraw their Proposal by giving the Territory written notice of such withdrawal.

The Territory reserves the right in its absolute discretion to remove a Proponent from the shortlist at any time and for any reason, and will notify the Proponent of such removal without any obligation to provide reasons for the removal.

5.5. Negotiation Process

The Territory may engage in discussions and negotiations with one or more of the Proponents who have been shortlisted under section 5.4.

Proponents acknowledge that the Territory reserves the right to extend the negotiation period, conditionally extend the negotiation period or withdraw from negotiations in its absolute discretion.

5.6. Negotiation of Project Agreement and selection of the Successful Proponent

The Territory may in its discretion select one or more preferred proponents.

Once a preferred Proponent is identified, a Project Agreement will be negotiated to include all relevant commercial arrangements regarding the Project. The Project Agreement will be subject to all relevant and applicable laws of the Territory.

Entering into discussions and negotiations under this section does not and will not bind the Territory to a contractual relationship and is not an indication that the preferred Proponent will be successful.

The result of any negotiations may be incorporated into the Project Agreement.

The Territory will select one or more Successful Proponent/s who will enter into the Project Agreement with the Territory. Where more than one Successful Proponent is selected the right to commercially produce the passionfruit stock will be shared (or exclusive to all Successful Proponents).

The Successful Proponent/s will be responsible for meeting all obligations and obtaining all necessary approvals for its activities during the Project.

All unsuccessful Proponents will be informed in writing of the outcome of their Proposal at the conclusion of the RFP Process.


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Any Proponent who withdraws their Proposal will not be informed of the outcome.

5.7. Timeframes for RFP Process

The indicative timeframes for the RFP process are as follows:

Release of RFP 20/12/2017

Closing date for Proposals 28/02/2018

Assessment of Proposals 14/03/2018

Negotiation with Proponent/s 25/04/2018

Project Agreement/s completed 06/06/2018

The above timeframes are provided as a guideline only and the Territory reserves the right to change these dates in its absolute discretion.

5.8. Changes during the process

The Territory may at any time make changes to this RFP. Changes to the RFP will be by way of Addenda published on the Project Webpage. Publication on the Project Webpage will be deemed as notification to prospective Proponents and acknowledgement by the Proponent that a change has been made to the RFP.

Proponents should ensure they routinely check the Project Webpage for Addenda before the Closing Date for the RFP and in preparation of their Proposal. Submission of a Proposal will be confirmation that the Proponent is aware of any Addenda.

Changes made to the RFP Process after the Territory has shortlisted Proponents will be notified to shortlisted Proponents by way of the relevant Proponent’s nominated contact details in their Proposal.


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6. Proposal requirements

Proposals will be assessed against the Evaluation Criteria described in section 4. A Proposal must address each of the Evaluation Criteria.

Proponents are encouraged to supply any information in addition to the Evaluation Criteria that is relevant to their Proposal and that would assist in assessment of their Proposal. Proponents should not supply promotional or marketing material as part of their Proposal unless it directly addresses an aspect of the Evaluation Criteria.

The Territory may in its absolute discretion seek additional information or clarification of information provided by Proponents.

Proponents must familiarise themselves with the terms and conditions applicable to this RFP as set out at Annexure A.


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7. Probity

An independent probity advisor has been engaged to oversee the evaluation of Proposals. The Probity Advisor’s role is to administer all probity issues arising from this RFP and ensure that fairness and impartiality are observed throughout the process.

If a Proponent has a concern at any stage of the process, those concerns should be raised with the Probity Advisor in writing at the earliest opportunity so that they may be addressed.

The contact details of the Probity Advisor are:

CT Alliance Suite 5 Raffles Plaza 1 Buffalo Court, Darwin NT 0800

Attn: Peter Hourigan (FCA) Email: [email protected]



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8. Further information

8.1. Due diligence

Proponents are required to undertake independent enquiries in connection with their Proposal and acknowledge that the Territory is not responsible for, and makes no warranty or representation in respect of, the contents of this RFP including their accuracy, adequacy, suitability or completeness.

The Territory is under no obligation to, and will not be providing any financial contribution for the development and submission of Proposals or participation in the RFP Process.

8.2. Treatment of information in Proposals

Proposals become the property of the Territory upon lodgement, and will not be returned to Proponents.

The Territory will treat all Proposals as confidential. The Territory is at liberty to disclose any Proposal and any other proposed information, to such persons as it considers necessary:

(a) for the purpose of evaluating Proposals or obtaining advice or approvals;

(b) for finalising the Project Agreement with the Successful Proponent; or

(c) as required by law.

Any Intellectual Property rights contained in a Proposal will remain the property of the Proponent or a third party who owns the Intellectual Property rights. A Proponent must clearly identify any information in its Proposal which it considers to be subject to Intellectual Property rights.

Proponents authorise and licence the Territory, at no cost, to use, copy, adapt and reproduce the whole or any portion of their Proposal for the purposes of the RFP Process.

In relation to any Personal Information (as defined in the Information Act 2002 (NT) (Act) provided by a Proponent to the Territory in connection with the Proponent’s Proposal, the Proponent warrants to the Territory that the Proponent has:

(a) obtained the consent of each individual about which any Sensitive Information (as defined in

the Act) is provided; and

(b) ensured or will ensure, within the time required by the Act, that each individual about whom

any Sensitive Information is provided has received a written statement setting out all of the

matters required by Information Privacy Principle 1.3:

(i) in relation to disclosure of the Sensitive Information to the Territory or its advisers

requiring the information for the purposes set out in subparagraph (ii); and

(ii) disclosing that the entities referred to in subparagraph (i) shall use the Sensitive

Information for the purposes of reviewing and assessing the Proponent's Proposal.

Proponents must comply with the provisions of the Act in relation to any Sensitive Information provided to them by the Territory or its representatives.


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8.3. Communication and enquiries

Any communication in relation to the Project must be made in writing via email to:

Email: [email protected]

Subject: Confidential – Tropical Passionfruit RFP

The Territory reserves the right in its absolute discretion to determine which, if any, written questions and answers provided relate to other Proponents, which may be published on the Project Webpage.



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9. Terms and Conditions of the RFP Process

Proponents must have regard to the terms and conditions that apply to this RFP Process as set out in Annexure A.


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Terms and conditions of the RFP Process

A1. Conforming and Non-conforming Proposals

Without limiting any other provision of this RFP, the Territory in its absolute discretion may choose to evaluate or not evaluate, or accept or not accept any Proposal which it determines is non‐conforming. The Territory in its absolute discretion may inform a Proponent that its Proposal is non‐conforming and may invite that Proponent to submit a conforming Proposal within a nominated timeframe.

A2. Communications with Proponents

Other than as expressly provided for in this RFP or agreed to in writing by the Territory in its sole discretion, Proponents or their representatives must not contact:

the Territory Government;

any of the Territory Government’s, agencies, officers, employees, agents or advisers; or

any elected representative of the Territory Government,

to discuss this RFP, the Project, or the RFP Process, the preparation of a Proposal or any other element of their participation in the RFP Process in any way. At the sole discretion of the Territory, any breach of this condition may lead to the Proponent’s exclusion from the RFP Process.

A3. Media and other communications

Proponents must not use any media or other public communication channels:

in a way which may reflect adversely on the Project or the Territory in relation to the

Project; or

to comment about matters associated with the RFP or the RFP Process.

If a Proponent considers that it must make a market, public or media statement in relation to or in connection with the Project, it must first, to the extent reasonably possible, discuss the content of such statement with the Territory and comply with any requirements which the Territory may stipulate in relation to the statement.

A4. Enquiries and clarifications by the Territory

The Territory may seek clarification from a Proponent in relation to any aspect of its Proposal.

The Territory will direct any clarification questions in writing to the principal representative(s) of the Proponent nominated in the Proposal. Proponents are required to respond promptly, in writing, to all requests for clarification received from the Territory.

The Territory may make any enquiries of any persons which it deems necessary in order to verify or obtain further details on any information provided by a Proponent in its Proposal. This may include (but is not limited to) the Territory:

conducting structured and confidential interviews or meetings with Proponents, including

presentations by Proponents, in relation to in their Proposal;

conducting any reference checks it deems necessary to discuss matters relevant to the

Proponent’s capabilities, prior experience and track record; and

conducting its own verification of any prior experience which a Proponent refers to or

does not refer to in its Proposal.

In its evaluation of a Proposal, the Territory may have regard to any information which it has obtained in its enquiries.


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A5. Collusive tendering

Proponents must not engage in any collusive behaviour, anti‐competitive conduct or any other similar conduct with any other Proponent or any other person in relation to the preparation or submission of a Proposal. Evidence of such conduct may lead to the rejection of the Proposals of all Proponents involved.

A6. Influences

Without limitation to any other provision of this RFP, Proponents must not seek to influence any of:

the Territory Government,

any of the Territory Government’s authorities, agencies, officers, employees, agents or

advisers, or

any elected representative of the Territory Government, in relation to the RFP Process in

any way (including but not limited to the offering or provision of favours, gifts,

entertainment or other acts which could be construed as special treatment) other than

through the RFP Process requirements.

At the sole discretion of the Territory any breach of this requirement may lead to exclusion from the RFP Process.

A7. Change in circumstances

Proponents must inform the Territory promptly in writing of any material change to any of the information contained in the Proponent’s Proposal, and of any material change in circumstance which may affect the completeness or accuracy of any information provided in, or in connection with, the Proponent’s Proposal.

The Territory may also require Proponents to confirm in writing that no such material change has occurred.

A8. Other Territory discretions and rights

Notwithstanding any other provision of this RFP, the Territory may do any one or more of the following at any time in its absolute discretion without giving reasons:

withdraw, vary, amend, supplement or replace this RFP Process and/or cancel, vary or

suspend or waive any aspect of the RFP Process, including the stages or timing of the RFP

Process;

change the Evaluation Criteria or request any additional information by notice to

Proponents;

invite any person to become a Proponent in the RFP Process, even if that person has not

submitted an RFP or participated in the RFP Process;

negotiate with a third party who may or may not be a Proponent in relation to the Project

outside of the RFP Process, and engage any third party to carry out the Project;

where a Proponent is a member of a consortium, to only select one or more, but not all,

Proponents to proceed to the negotiation phase;

reject any or all RFPs due to any non‐compliance with this RFP Process or for any reason;

vary the scope of work proposed or to proceed with the Project, or any part of the Project,

including proceeding with the Project itself or with any other person;

seek further information, clarification or improvement of any RFP or require additional

information, or further offers from any Proponent;


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negotiate with one or more Proponents and enter into the Project Agreements without

prior notice to any other Proponent;

readvertise the RFP seeking new proposals or enter into discussions with any new party in

respect of the RFP Process or the Project;

publish the names of Proponents, their employees, contractors and representatives (and,

where the Proponent is a Consortium, their members and their employees, contractors and

representatives);

conduct due diligence investigations as required and in any manner considered

appropriate;

take into account any information from its own and other sources relating to Proponents

as part of the evaluation process; or

take such other action as it considers, in its absolute discretion, appropriate in relation to

the RFP Process.

To the extent permitted by law, Proponents will have no claim against the Territory arising out of the Territory’s exercise, or failure to exercise, any rights under this RFP.

A9. Conflicts of Interest

Proponents must make full, frank and prompt disclosure of any actual or potential conflict of interest (in relation to themselves or any of their members, stakeholders or providers):

that exist or may exist at the time of submission of its RFP; and

which may arise after the time of submission of its RFP in writing to the Territory.

The Territory reserves the right, in its absolute discretion, at any stage of the RFP Process, to undertake investigations to satisfy itself that there are no conflicts of interest or potential conflicts of interest which may preclude a Proponent’s RFP being considered.

A10. Probity checks

The Territory may undertake probity checks of any Proponent or Proponent member including but not limited to:

investigations into commercial structure, business and credit history;

prior contract compliance;

any criminal records or pending charges;

interviews with any referees nominated; and

research into any relevant activity that is or might reasonably be expected to be the

subject of regulatory investigation.

A11. No process contract

This RFP is not an offer, nor is it a call for supplies under the Procurement Act (NT), and the submission of an RFP will not result in binding contractual obligations or rights between the Territory and Proponents.

A12. Territory not liable for costs

The Territory will not be responsible or liable for payment or reimbursement of any costs, expenses or loss which may be incurred by any person in the preparation of an RFP or otherwise in connection with the RFP Process.


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A13. Project Agreements

The Territory will not be legally bound to proceed to enter into or proceed with any Proponent to enter into any Project Agreements unless and until a Project Agreement is signed by all parties.


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Glossary - Definitions

A reference to a section is a reference to a section of this RFP document.

The following words have the corresponding meaning throughout this RFP:

Addenda means addenda issued pursuant to this RFP.

Closing Date means 28 February 2018.

Evaluation Criteria means the criteria stated in section 4 against which Proposal’s will be assessed.

Intellectual Property means all intellectual property rights including:

a) plant breeder’s rights, patents, copyright, rights in circuit layouts, registered designs

and trade marks;

b) the right to apply for or be granted registration of any of the rights referred to in

paragraph (a) and the right to claim priority from any such applications; and

c) all rights of a similar nature to any of the rights in paragraphs a) and b) that may

subsist in Australia or elsewhere in the world;

whether or not such rights are registered or capable of being registered.

Project means the commercialisation of tropical passionfruit as detailed in section 3.

Project Agreement means the contractual document that will be executed between the Territory and the Successful Proponent governing the relationship between the parties and the implementation of the Project by the Successful Proponent.

Project Webpage means the website containing all relevant information pertaining to the Project, including this RFP and any Addenda, located at: www.dpir.nt.gov.au

Proponent means the entity or entities that submits a Proposal in response to this RFP, either in its own right or for and on behalf of any other entity or a proposed or established consortium or joint venture.

Proposal means a proposal to carry out the Project submitted by a Proponent in response to this RFP, including any amendment or variation thereto as permitted by the terms and conditions of this RFP.

Proposal Requirements means the requirements to be considered by the Proponent in developing a Proposal as set out in section 4, including the Evaluation Criteria.

Request for Proposal or RFP means this document (including Attachments) and any Addenda.

RFP Process means the process associated with this RFP and includes all steps in that process including (without limitation) advertisement of this RFP, submission of Proposals, evaluation of Proposals, shortlisting of Proponents, negotiations with Proponents, and appointment of the Successful Proponent.

Point of Sale Share means the amount payable to the Territory for the sale of new varieties of passionfruit plants developed as a result of the Project.

Successful Proponent means the Proponent selected by the Territory to carry out the Project, and, where the context permits, includes any entity established by the Successful Proponent to undertake the Project.

http://www.dpir.nt.gov.au/


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Territory means the Crown in the right of the Northern Territory of Australia and where the context permits includes Ministers, departments, agencies, instrumentalities, government owned corporations, employees, officers and agents of the Territory.

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