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Tender Date:
Tenderer Address:
In accordance with the following tender document and specifications, you are invited to supply a
quotation for:
Provision of Fruit and Vegetables to Portland District Health
for the period 1 June 2013 to 31 May 2014
Tender Schedule:
Tender Documents Available Date: Friday 26th April 2013
Last Date for enquiries / clarification Date: Friday 3rd May 2013, 10am
Tender Closes Date: Friday 10th May, 2013, 5pm
Evaluation Completion Target Date* Date: Friday 17th May, 2013
* Subject to availability of evaluation systems
Notification of Tender Outcome Date: Friday 24th May, 2013
Ms Ros Jones
Director of Corporate Services
Portland District Health
Bentinck Street,
Portland VIC. 3305
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INDEX
CONTENTS PAGE
INDEX 2
TENDER INTRODUCTION 3
- Scope of Tender 3
- Objectives 3
- Principles 3
- Tender Notice 3
- Expressions of Interest 3
- Timetable – Schedule 3
- Information/Clarification 3
- Authorised Contact Person 4
- Evaluation Process 4
- Alternative Tender – Innovation 4
- Tender Transmission Information 4
- Late Tenders 4
- Delivery Method 4
- Insurance 4
- Indemnity 5
- Acceptance of Tender 5
- Acceptance of Goods 5
- Confidentiality 5
- HPV Access (Piggy-back) Clause 6
- HPV Common-use Clause 6
- Licences, Permits, Compliance with relevant Standards and Regulations 6
- Police Checks 6
- Evaluation – Trials and Samples 6
- Sub-Contacting 6
- Assistance with EQuIP and/or Aged Care Accreditation 6
- Reference Sites 6
- Compliance with Specifications 7
-Tender Price/ GST and Validity Period 7
- Submission and Payment of Accounts 7
- Amplifying General Conditions of Tender 7
TENDER RESPONSE 8
- Questionnaire 8, 9
- Other Documentation/Information for Tender Submission 10
OTHER DOCUMENTS 11
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TENDER INTRODUCTION
Scope of Tender
This Tender is for the provision of fruit and vegetables specified in Schedule A, in accordance with
the minimum standards specified in Schedule B, for a period of one (1) year from 1 June 2013 to
31 May 2014,
Objectives
Principles
Portland District Health will use its best endeavours to achieve these objectives and ensure the
tender process is fair to all parties involved and where possible, demonstrate that fairness to
Tenderers and potential Tenderers.
Tender Notice
Public notice is required to start the tender process. Portland District Health shall advertise in a
newspaper circulated in its district and may also advertise in any other newspaper or publication.
Portland District Health may also invite designated service providers to tender or start the process
through public notice.
Expressions of Interest
Portland District Health may, if it deems necessary, use an “expression of interest” process before
it invites tenders. If so, it will advertise publicly the purpose and nature of the agreement and the
date it will invite tenders. The aim of the expression of interest is not to elicit tenders but to assess
the capabilities of the respondents to fulfill the agreement. Portland District Health may, at its
discretion, invite tenders from all or none of the respondents by the advertised date.
Timetable – Schedule
Information / Clarification
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Sheet.
Portland District Health reserves the right to inform all Tenderers of any question or matter
raised, and answer given, without identifying any potential Tenderers by name.
We also reserve the right to respond or not respond to any query or matter raised after the
last date for inquiries.
Evaluation Process
Tenders will be evaluated to identify the option that offers best value to Portland District Health.
Portland District Health will not necessarily accept the lowest priced tender, or any tender.
Tenderers may offer an alternative product to that specified in Schedule "A", provided full details of
such alternative are provided in your response. It is also in a tenderers interest to submit a
response that complies with Schedule A.
NB: Portland District Health may, at its sole discretion, extend the closing date and time.
Late Tenders
Late Tenders may not be considered.
Delivery Method
Please provide details as to how the products will be delivered and confirmation that the transport
vehicle(s) conforms to all regulatory requirements for the transport of the product. All Delivery
costs should be included in your tender response.
Insurance
Your tender submission should include details of insurance coverage with an insurer approved by
The Australian Prudential Regulatory Authority – as a minimum; the following insurance
arrangements should be in place:
Public Liability Insurance - Minimum $10m coverage.
Product Liability Insurance - Minimum $10m coverage.
Professional Indemnity Insurance - Minimum $10m coverage.
The Tenderer must comply with and observe the terms of the insurance policies and must not do
anything which could result in any such policy being avoided or unenforceable or which may entitle
the insurer to limit or reduce the amount otherwise payable under the policy. The provisions of this
clause survive the expiration or earlier termination of this Agreement.
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Indemnity
1(a) The Tenderer indemnifies and agrees to keep indemnified Portland District Health and its
officers and employees in respect of Loss incurred or suffered as a result of:
(i) any breach of this agreement by the Tenderer; or
(ii) any negligent act, error or omission in connection with the performance of this
agreement by the Tenderer or its officers, employees or agents;
PROVIDED THAT this indemnity does not apply to the extent that Loss is caused by or
contributed to by Portland District Health or its officers, employees or agents.
1(b) This indemnity includes, without limitation, Loss due to bodily injury, sickness or death or
loss, destruction of damage to property.
1(d) For the purposes of this clause, “Loss” includes loss, damage or liability of every kind,
unless too remote but does not include pure economic loss not recoverable at common
law.
2(a) Portland District Health indemnifies and agrees to keep indemnified the
Tenderer and its officers and employees in respect of Loss incurred or suffered as a result
of:
(i) any breach of this agreement by Portland District Health; or
(ii) any negligent act, error or omission in connection with the performance of this agreement
by Portland District Health or its officers, employees or agents;
PROVIDED THAT this indemnity does not apply to the extent that Loss is caused by or
contributed to by the Tenderer or its officers, employees or agents.
2(b) This indemnity includes, without limitation, Loss due to bodily injury, sickness or death or
loss, destruction of damage to property.
2(d) For the purposes of this clause, “Loss” includes loss, damage or liability of every kind,
unless too remote but does not include pure economic loss not recoverable at common law.
Acceptance of Tender
The lowest or any Tender may not necessarily be accepted, and no Tender shall be deemed to
have been accepted, until acceptance has been confirmed in writing. A draft agreement is detailed
in Enclosure 1.
Acceptance of Goods
If the goods required are not supplied or do not comply with the standards specified, whether the
inspection occurs prior to, or after delivery to Portland District Health, the goods may be rejected
wholly or at the discretion of Portland District Health. The cost for removal and replacement of the
rejected goods will be borne by the Tenderer.
Confidentiality
Information supplied by or on behalf of Portland District Health is confidential to Portland District
Health and Tenderers are obliged to maintain its confidentiality. The Tenderer may disclose
information to a third party engaged for the purpose of responding to this tender, providing they
preserve the confidentiality of that information.
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HPV Access (Piggyback) Clause
The following clause provides the option of permitting another health service to take advantage of
any contractual arrangements relating to this tender.
If, during the Agreement Period, a public hospital, and/or a metropolitan health service (as listed in
schedules 1 and 5 of the Health Services Act 1988 (Vic)) gives notice to the parties that it wishes
to purchase the Goods on the terms and conditions of this document, and Portland District Health
agrees, each party shall execute a document and do all things necessary to give effect to that
intent.
a. Portland District Health may give notice to the Contractor that it wishes to purchase the
Goods on the terms and conditions of the Statewide contract from a future specified date;
and
b. this Agreement shall end on the date specified by Portland District Health; and
c. the Contractor shall have no claim against Portland District Health or its agents,
employees, officers or servants in respect of this Agreement ending or Portland District
Health exercising its rights under this clause.
Police Checks
Police checks are required for all persons acting on behalf of the successful tenderer who, as part
of the supply of the tendered goods and or services are required to be present on Portland District
Health premises other than for normal delivery and pickup services.
Subcontracting
Tenderers must state where they are intending to sub-contract all or part of this tender to one or
more third parties. Comprehensive details of all sub-contractors, including their role and scope in
this tender must be submitted with your response.
Reference Sites
Your tender response should include at least three (3) reference sites using these goods and or
services including the name and position of a contact person at each site.
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Compliance with Specifications
Tenderers should indicate clearly any area in which the goods offered fail to comply with the
requirements of the specifications given or where any of the required conditions will not be met.
Notification of this non-compliance must occur with the submission of your tender / quotation – see
Schedule B.
Prices tendered shall be fixed for a minimum period of ninety (90) days, covering one-off supply or
initial supplies and delivery of goods and or services as specified Schedule A.
Please indicate any discounts offered for payment of accounts within a specified period.
i. Should the contractor fail to supply any article at the time mentioned in the order, the
articles may be sought elsewhere and the expenses over and above the agreement price
will be deducted from the contractor’s account;
ii. The contractor is to ensure a delivery docket with item, price per unit and date is signed
by the food services Facilitator or his/her deputy and left with them;
iii. Should the contractor fail to deliver goods of the correct quality mentioned in this tender,
the officer receiving the supplies is empowered to reject those goods and if not immediately
replaced with the correct quality and quantity, cause a supply to be sought elsewhere; the
extra expense associated with this action will be charged as in clause (i) above;
iv. In the event of a difference between the contractor and the officer receiving the supplies as
to the quality or quantity, any variation shall be decided by the authorised Portland District
Health representative;
vi. The contractor is to ensure the premises from which the product is provided, is fully
compliant in regards to hygiene and any other requirement as it pertains to the provision of
the goods specified in Schedule A to this Tender document. In this regard, the contractor is
to allow the Portland District Health representative to inspect their premises on a regular
basis;
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………………………………………… ……………………………………………
Director of Corporate Services Date
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TENDER RESPONSE
Tenderers are required to submit such information as is necessary to enable Portland District
Health to assess the Tenderer’s ability to fulfill the tender requirements. ( This questionnaire
has been prepared to assist Tenderer’s in providing the required information.)
Tenderer Profile
Address: …………………………………………………………….
……………………………………………………………..
……………………………………………………………..
E-Mail: ………………………………………………………………
……………………………………………………………..
………………………………………………………………
………………………………………………………………
………………………………………………………………
How many years has Tenderer been in business under its current business name?
………………………………………………………………
How many years has Tenderer been in business providing goods / services relating to
this tender?
……………………………………………………………….
Does the Tenderer have a financial interest in any other types of business? (If yes,
specify).
……………………………………………………………….
Supply details / references for products / services Tenderer has previously provided
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relating to the requirements of this tender.
…………………………………………………………………………………..
…………………………………………………………………………………..
………………………………………………………………………………….
…………………………………………………………………………………..
……………………………………………………………………………………
…………………………………………………………………………………….
……………………………………………………………………………………..
List specific equipment that will be utilized in the provision of services relating to this
tender:
…………………………………………………………………………………….
……………………………………………………………………………………..
………………………………………………………………………………………
………………………………………………………………………………………..
Provide details of tenderer’s financial ability to meet the terms, conditions and service
requirements as outlined in this tender document:
………………………………………………………………………………………..
………………………………………………………………………………………..
Provide bank details or other financial institutions where references may be obtained:
…………………………………………………………………………………………
…………………………………………………………………………………………..
……………………………………………………………………………………………
1. ……………………………………………………………………………………
2. ……………………………………………………………………………………
3. …………………………………………………………………………………….
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Other documentation and information to be provided by Tenderer in support of the
tender submission:
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Annex A Statutory Declaration
Definitions:
Bidder; Any business entity who submits a response to this tender, including the Tenderer.
Industry Association; Any organization of which the bidders are members.
Tenderer price; The amount indicated by the bidder in their tender response.
Tenderer; The person or entity completing this response – namely,
I acknowledge that this declaration is true and correct and I make it in the belief that a person
making a false declaration is liable to the penalties of perjury.
Address:………………………………………………………………………………………………….
[*See end doc. - Who can witness a Statutory Declaration under sec. 107A(1) of Evidence Act 1958]
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Schedule A TENDER PRICE
PROVISION OF FRUIT AND VEGETABLES to Portland District Health - Ref: Fruit and
Vegetables Tender, 2013-018
FRESH FRUIT:
Avocadoes Each 12
Bananas Box 8
Cantaloupe Each 32
Lemons Each 60
Oranges Carton 4
Pears Box 3
Pineapple Each 16
Strawberries Punnet 60
Tomatoes, 2 inch
Carton 8
Med/Ripe
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FRESH VEGETABLES:
Cabbage Each 12
Cauliflower Each 35
Celery Bunch 60
Cucumber
Bag 4
Continental
Egg Plant Kg 4
Leeks Each 70
Lettuce – Cos
Box 6
(Already Cut)
Mushrooms Box 6
Parsley Bunch 20
Sweet Potatoes Kg 35
Carton-
Zucchini 5
10Kg
*Tender price should be price as per Unit listed for each item (eg Kg, Bunch or Carton).
Any alternative pricing not as per listed Unit type must be clearly marked.
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28 Day Tender
Cycle Price kg Quality/Grade/
Description Cut /Size Pack Size Average (Incl. Comment
GST if (if applicable)
applic.)
PROCESSED VEGETABLES:
Whole Peeled 10 Kg 10
Carrots
Hand
Pumpkin Peeled ¼ 5 Kg 50
How long are prices fixed for? Months (** 3 month min.)
Additional Notes:
Quantities;
The above quantities are estimates only within a 28 day menu cycle. Portland District Health
reserves the right to adjust the mix of quantities and varieties required if the menu mix or
preparation processes at Portland District Health change.
Pricing;
**Prices tendered should be fixed for minimum 3 months. Any tender price variation from
this requirement must be clearly noted and accompanied by a clear explanation and any
relevant evidence.
Price variations - Portland District Health acknowledges that prices may vary subject to
market influences beyond the control of the supplier. Upon request and subject to materiality
and provision of supporting evidence, the supplier may be given the opportunity to review their
pricing on a quarterly basis. Adjustments requested outside of the quarterly review option may
only be considered when extreme market circumstances occur.
Price submission;
Tender prices and any relevant information as to variations proposed, specific fruit and
vegetables quality or varieties etc should be submitted using the template provided above.
Tender Exclusions;
Portland District Health has reserved the right to award the supply of Fruit to Sea View House
as a separate contract.
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Schedule B Certification Declaration: Minimum Quality Standards
All goods provided under this Tender are to be provided in accordance with the Australia New
Zealand Food Standards Code Chapters 1 to 4, the Victorian Food Act 1984 as amended 2001,
as well as any other regulatory requirements relating to the particular product and in addition:
As applicable, all products are to be received with a ‘Use By’ or ‘Best Before’ date for the
particular product that allows for the maximum retention by Portland District Health of the
product, before use;
Best quality product only is to be provided for all products specified in this Tender;
Best quality ingredients only are to be used in the making of any products specified in this
Tender;
As applicable, all ingredients used in the making of products specified in this Tender are to be
specified in Attachment A;
All products must be of fresh quality, transported in accordance with regulatory requirements
for the particular product and delivered in a manner that ensures the product is received in a
fresh and hygienic condition; and
I hereby declare we are compliant with the aforementioned and acknowledge and agree to provide
provisions and services in accordance with the minimum quality standards specified above.
………………………………………... ……………………………………
Tenderer’s signature Date
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Enclosure 1 AGREEMENT for PROVISION OF FRUIT AND VEGETABLES
The following draft agreement will be completed and signed by the successful Tenderer and
Portland District Health. This Agreement includes all terms, conditions and tender specifications
contained within this tender document and the tender response and pricing schedule as submitted
by the successful Tenderer.
Transport of product Details: In accordance with the Victorian Food Act, 1984.
Dates / Times / frequency for delivery of required goods / services: Six (6) days per week,
Monday to Saturday.
PDH Contractor Requirements / Police Checks: Not required for this agreement.
Occupational Health and Safety: The Tenderer agrees to carry out its duties in a safe manner,
observe all requirements under prevailing Occupational Health and Safety Regulations, observe
the safety provisions of Portland District Health and report any matters of concern to the
designated Portland District Health contact.
Regulatory Requirements: The contractor will carry out all activities in strict accordance with
Portland District Health Policies and Procedures and will comply with all relevant regulatory and
statutory guidelines.
Privacy / Confidentiality: In addition to the Confidentiality terms as outlined within the tender
invitation, the successful tenderer will also ensure that representatives are aware of the sensitive
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nature of health information and that everyone engaged in the provision of health services has a
duty to protect and maintain patient confidentiality.
Payment terms and conditions: 30 Days payment terms in accordance with terms as outlined in
the tender invitation.
Required Insurance coverage: As per terms specified within the “Insurance” section of the tender
invitation. Certificates of Currency for required insurances that expire during the term of this
contract must be supplied to Portland District Health as soon as possible after policy renewal and
at any other time if requested.
Dispute and Grievance Procedure: If either party raises legitimate concerns as to the
performance of obligations within the terms of this agreement, both parties should endeavour to
resolve those concerns through consultation and or mediation.
Termination details: This agreement may be terminated before its due date by either party giving
three months written notice of such an intention.
In the event of the contractor not being able to fulfill this contract due to unforeseen
circumstances, the contractor and Portland District Health may, by mutual agreement at that time,
make alternative arrangements.
A serious breach of any of the terms of this agreement or sustained unsatisfactory performance
may give cause for immediate cancellation by either party.
Signature: ………………………………………………………………………..
Position: …….………………………………………………………………….
Date: ……….……………………………………………………………….
Signature: ………………………………………………………………………..
Position: ……………………………………………………………………….
Date: ……………………………………………………………………….
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PDH Use only:
Originator: Department:
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Who can witness a Statutory Declaration under sec. 107A(1) of Evidence Act 1958
107A List of persons who may witness statutory declarations
(1) Any of the following persons may witness the signing of a statutory declaration—
(a) a justice of the peace or a bail justice;
(b) a public notary;
(c) an Australian lawyer (within the meaning of the Legal Profession Act 2004);
(d) a clerk to an Australian lawyer;
(e) the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or a
deputy registrar of the County Court, the principal registrar of the Magistrates' Court or a
registrar or deputy registrar of the Magistrates' Court;
(f) the registrar of probates or an assistant registrar of probates;
(g) the associate to a judge of the Supreme Court or of the County Court;
(h) the associate of an Associate Judge of the Supreme Court or of an associate judge of
the County Court;
(i) a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the
Commonwealth;
(j) a member of the police force;
(k) the sheriff or a deputy sheriff;
(l) a member or former member of either House of the Parliament of Victoria;
(m) a member or former member of either House of the Parliament of the Commonwealth;
(n) a councillor of a municipality;
(o) a senior officer of a Council as defined in the Local Government Act 1989;
(p) a person registered under the Health Practitioner Regulation National Law to practise in
the medical profession (other than as a student);
(q) a person registered under the Health Practitioner Regulation National Law—
(i) to practise in the dental profession as a dentist (other than as a student); and
(ii) in the dentists division of that profession;
(r) a veterinary practitioner;
(s) a person registered under the Health Practitioner Regulation National Law to practise in
the pharmacy profession (other than as a student);
(t) a principal in the teaching service;
(u) the manager of an authorised deposit-taking institution;
(v) a member of the Institute of Chartered Accountants in Australia or the Australian Society
of Accountants or the National Institute of Accountants;
(w) the secretary of a building society;
(x) a minister of religion authorised to celebrate marriages;
(y) a person employed under Part 3 of the Public Administration Act 2004 with a
classification that is prescribed as a classification to which this section applies or who
holds office in a statutory authority with such a classification;
(z) a fellow of the Institute of Legal Executives (Victoria).
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