ATTACHMENT A - DECLARATION BY TENDERER
Offer
The tenderer offers to provide the Services at the price proposed in its tender and on the terms and conditions set out in the RFT and in the Draft Contract save only for the matters detailed in its Statement of Compliance.
The tenderer undertakes not to withdraw, vary or otherwise compromise its offer for a period of three months from the closing date set out in the RFT.
Conflict of Interest
The tenderer represents that, having made all reasonable enquiries, it either:
—	does not have any known actual or potential conflicts of interest in respect of the RFT, its tender or the provision of the Services or
—	has in this Declaration declared all such actual or potential conflicts to the High Court.
The tenderer represents that, having made all reasonable enquiries, the following represents its only known actual or potential conflicts of interest in respect of the RFT, its tender or the provision of the Services:
—	List
The tenderer undertakes to advise the High Court in writing of all actual or potential conflicts of interest in respect of the RFT, its tender or the provision of the Services immediately upon becoming aware of the same.
Improper Assistance
The tenderer represents that:
—	this tender has been compiled without the improper assistance of any High Court employee and without the use of information obtained unlawfully or in breach of an obligation of confidentiality to the High Court and
—	it has not contravened Paragraph 11 of the RFT.
Further Representations and Acknowledgements
The tenderer makes the following further representations to the High Court:
—	it has examined the RFT, the Draft Contract, all documents referred to in the RFT and all other information made available to it and all applicable legislation and policies
—	it has examined all further information which is obtainable by making reasonable enquiries relevant to the risks, contingencies and other circumstances having an effect on its tender
—	it has satisfied itself as to the correctness and sufficiency of its tender
—	it has relied entirely on its own enquiries and has not relied on any representation, warranty or other conduct by or on behalf of the High Court, except as expressly provided in the RFT or in notices received by it
—	it has accepted and has fully complied with the provisions of the RFT including the terms and conditions in the RFT and it has accepted and will execute the Draft Contract, in each case save only for the matters detailed in Attachment D and
—	its tender is fully compliant with the requirements of the RFT, the documents attached to or comprised in the RFT and all documents to which it refers save only for the matters detailed in Attachment D.
The tenderer acknowledges that:
—	the High Court may exercise any of its rights set out in the RFT, at any time
—	the statements, opinions, projections, forecasts or other information contained in the RFT may change
—	the RFT is a summary only of the High Court’s requirements and is not intended to be a comprehensive description of it
—	neither the release of the RFT or any addendum nor the lodgement or acceptance of any tender nor any agreement made subsequent to the RFT will imply any representation from or on behalf of the High Court that any information contained in the RFT is or was complete, accurate or up to date at any point in time or that there has not been a material change since the date of the RFT or since the date as at which information is stated to be applicable
—	except as required by law and only to the extent so required, neither the High Court, nor its respective officers, employees, advisers or agents will in any way be liable to any person or body for any loss, damage, cost or expense of any nature arising in any way out of or in connection with any representations, opinions, projections, forecasts or other statements, actual or implied, contained in or omitted from the RFT and
—	the tenderer has sought its own professional advice as appropriate and has not construed the RFT as investment, legal, tax or other advice.
Confidentiality	
The tenderer acknowledges that the High Court may disclose, and consents to the High Court disclosing, any information provided by the tenderer, whether confidential or not:
—	to its advisers or employees solely in order to evaluate or otherwise assess the tender
—	to its internal management personnel solely in order to evaluate or otherwise assess the tender
—	by the High Court to the responsible Minister
—	by the High Court, in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia
—	by the High Court within the High Court’s organisation, or with another agency, where this serves the legitimate interests of the Commonwealth
—	where the information is authorised or required by law to be disclosed
—	where the information is in the public domain otherwise than by a High Court disclosure and
—	where the disclosure is required to meet the High Court’s reporting or accountability requirements, including, without limitation:
–	under the Financial Management and Accountability Act 1997
–	to the Australian National Audit Office or any other auditor appointed by the High Court
–	in accordance with the provisions that require notification of High Court contracts in the Commonwealth Government Gazette
–	in accordance with the Requirements for Departmental Annual Reports (published by the Department of the Prime Minister and Cabinet) and
–	to the Commonwealth Ombudsman.
Equal opportunity for women
The tenderer represents that it is not currently named as not complying with the Equal Opportunity for Women in the Workplace Act 1999 (Cth).
Employee entitlements
The tenderer represents that, having made all reasonable enquiries, as at the date of this Declaration, there are currently no unsettled judicial decisions against the tenderer in respect of unpaid employee entitlements (not including decisions under appeal).
Acknowledgement
The tenderer acknowledges that the High Court has received this tender in reliance on this Declaration.  The tenderer acknowledges that the High Court may suffer loss if any of the representations, undertakings, consents or other statements in this Declaration or the tenderer’s tender are misleading or deceptive.
	
Dated:
Duly Authorised to Sign tenders for and on Behalf of (state full name of tenderer)
	
SIGNATURE OF REPRESENTATIVE	

	
NAME OF REPRESENTATIVE (In Block Letters)	

	
POSITION OF REPRESENTATIVE (In Block Letters)	

	
SIGNATURE OF WITNESS	ADDRESS OF WITNESS	

	

REFER ENQUIRIES TO:
(Name in Block Letters)	TELEPHONE NO.	

		

ATTACHMENT B - TENDERER DETAILS

Tenderer Name		
Registered Office		
Principal Place of Business		
Date and Place of Incorporation		
Trading and Business Names		
Registered Business Number		
Australian Business Number		
Registered for GST?	Yes	No	
Office Hours	Week days	Emergency after hours

Contact Person

Name:
		
Position
		
Address:
		
Phone Number:
		
Fax Number:
		
Email:
		
ATTACHMENT C - PRICING SCHEDULE

The tenderer shall provide a total lump sum fee proposal to undertake the consultancy.  Tenderers must provide a breakdown of this fee showing the number of hours proposed for nominated personnel as well as the total fee to undertake each phase of the consultancy. 

The Tenderers must also provide a schedule of hourly rates for nominated personnel.  This will be used to cost any additional work outside of the scope of the draft contract. Any additional work may be undertaken at an hourly rate, a fixed price or a combination of these.

All fees must be GST exclusive.

Lump Sum Fee Proposal

	Fee ($)  	
Phase 1		
Phase 2		
Phase 3		
Phase 4		
		
TOTAL LUMP SUM FEE		

Number of Hours for Key Personnel

	Nominated Personnel	Number of Hours	
Phase 1			
Phase 2			
Phase 3			
Phase 4			
Total Hours			

Schedule of Hourly Rates

Position	Hourly Rate ($)	

		

ATTACHMENT D - STATEMENT OF COMPLIANCE

A response (in accordance with paragraph 14.3 of the RFT) should be provided in respect of each provision of the Draft Contract.  If appropriate, compliance may be indicated against groups of provisions (eg “clauses 1 to 15 inclusive: 'Complies' ”).
In addition, tenderers should indicate any element of their tender or any part of the Draft Contract which they regard as confidential and provide reasons for requiring confidentiality.

Paragraph/Clause/Annex/ Attachment Number	Tenderer's Reasons	
Draft Contract provisions	

		
Tender and/or Draft Contract confidentiality requirements	

		

.
ATTACHMENT E - EVALUATION CRITERIA RESPONSE SCHEDULES

Schedule 1 	Task appreciation
Schedule 2	Demonstrated experience of specified personnel 
Schedule 3	Past Performance
Schedule 4	Proposed Consultancy Programme
Schedule 5	Client Focus

SCHEDULE 1 - Task Appreciation

General requirements
Tenderers should demonstrate that they understand the Works to be delivered. 

Tenderers should demonstrate their appreciation of the:
•	tasks required for the performance of the Consultancy; and
•	risks associated with undertaking those tasks and how these could be managed.

SCHEDULE 2 - Demonstrated Experience of specified personnel and sub-contractors

General requirements
•	Tenderers should provide full details of the skills and qualifications of their proposed personnel including architectural, engineering and Quantity Surveying personnel proposed for this project.  This includes any sub-consultants)

At a minimum, tenderers should provide the information requested below.
Specific requirements
Tenderers should supply detailed curricula vitae providing the following information for each of their proposed personnel (and backup personnel):
a.	proposed role
b.	previous experience
c.	qualifications
d.	years with the organisation
f.	proposed percentage involvement in undertaking the Services required under the Draft Contract and
g.	capacity and current workloads.

Provide details of names of any Sub-consultants to be engaged in the provision of the works and nature of work to be performed.

Name	Nature of Works	

		

SCHEDULE 3 - Past Performance

General requirements
Tenderers should provide full details of their relevant previous experience in similar projects, including:
o	Demonstrated experience in the design of HVAC plant and equipment .
o	Demonstrated experience in successfully guiding projects through the National Capital Authority and Heritage approvals processes.

At a minimum, tenderers should provide the information requested below.

Specific requirements
Tenderers should nominate at least three reference projects.
Tenderers should provide the following information in respect of each their nominated reference projects:
a.	an explanation of the relevance of those reference projects to this consultancy
b.	a description of the services delivered by them on those reference projects and
c.	the following details of at least one contact person:
A.	name
B.	title and
C.	telephone number.

SCHEDULE 4 – Proposed Consultancy Programme

General requirements
Tenderers should provide full details of how they will meet the timeframe outlined in the contract for the delivery of this consultancy.
At a minimum, tenderers should provide the information requested below.

Specific requirements
A detailed Gantt chart showing key project activities and milestones.
The Gantt chart should also indicate details of the time allowed for approval of documentation, etc by the High Court.
If tenderers include allowances for work outside the working hours, or on other than the working days, prescribed in the Draft Contract, the tenderers should state the working hours and days proposed.

5 – CLIENT FOCUS

General requirements
Tenderers should provide full details of how they propose to develop and maintain the required business relationship with the High Court and an understanding of the High Court's project requirements.
At a minimum, tenderers should provide the information requested below.
Specific requirements
Tenderers should demonstrate their understanding of the culture and special requirements of the High Court.
Tenderers should provide full details of their proposed processes for the following:
d.	engagement with the High Court as a client
e.	communications with the High Court
f.	dispute resolution and escalation and
g.	management of contract variations, including any changes to the scope of work.
Tenderers should also:
h.	provide an outline of how they will manage their relationship with the High Court and demonstrate their capacity to maintain regular and ongoing collaborative relationships with relevant personnel within the High Court and remain responsive to client needs when working with multiple teams and a changing environment and
i.	provide an outline of appropriate protocols and processes with particular emphasis on the High Court's obligations as an institution of national and international significance.