1. All enquiries regarding the RFP
must be directed to HOAM’s Point of Contact.
2. Vendors must not directly or indirectly
approach any representative of HOAM, or any other person, to solicit
information concerning any aspect of the RFP.
3. Only the Point of Contact, and
any authorised person of HOAM, are authorised to communicate with Vendors
regarding any aspect of the RFP. HOAM will not be bound by any statement made
by any other person.
4. HOAM may change the Point of
Contact at any time. This notification may be posted on the system.
Where a Vendor has an existing
contract with HOAM then business as usual communications, for the purpose of
managing delivery of that contract, will continue using the usual contacts. Vendors
must not use business as usual contacts to lobby HOAM, solicit information or
discuss aspects of the RFP.
6. Each Vendor must accept and adhere
to the Conflict of Interest declaration in the Response Form and must
immediately inform HOAM should a Conflict of Interest arise during the RFP process.
A material Conflict of Interest may result in the Vendor being disqualified from
participating further in the RFP.
7. Vendors must not attempt to
influence or provide any form of personal inducement, reward or benefit to any
representative of HOAM in relation to the RFP.
8. A Vendor who attempts to do
anything prohibited may be disqualified from participating further in the RFP
process.
9. HOAM reserves the right to
require additional declarations, or other evidence from a Vendor, or any other
person, throughout the RFP process to ensure probity of the RFP process.
10. Vendors must not engage in
collusive, deceptive or improper conduct in the preparation of their Proposals
or other submissions or in any discussions or negotiations with HOAM. Such
behaviour will result in the Vendor being disqualified from participating
further in the RFP process. In submitting a Proposal the Vendor warrants that
its Proposal has not been prepared in collusion with a Competitor.
11. HOAM reserves the right, at its
discretion, to report suspected collusive or anticompetitive conduct by Vendors
to the appropriate authority and to give that authority all relevant
information including a Vendor’s Proposal.
12. HOAM and Vendor will each take
reasonable steps to protect Confidential Information and, without limiting any
confidentiality undertaking agreed between them, will not disclose Confidential
Information to a third party without the other’s prior written consent.
13. HOAM and Vendor may each
disclose Confidential Information to any person who is directly involved in the
RFP process on its behalf, such as officers, employees, consultants,
contractors, professional advisors, evaluation panel members, partners, principals
or directors, but only for the purpose of participating in the RFP.
14. Vendors acknowledge that by law,
HOAM will not be in breach of its obligations if Confidential Information is disclosed
by HOAM to the appropriate authority because of suspected collusive or
anticompetitive tendering behaviour. Where HOAM receives a request that relates
to a Vendor’s Confidential Information HOAM will consult with the Vendor and may
ask the Vendor to explain why the information is considered by the Vendor to be
confidential or commercially sensitive.
15. For the duration of the RFP, to
the date of the announcement of the Successful Vendor, or the end of the RFP
process, the Vendor agrees to keep the RFP strictly confidential and not make
any public statement to any third party in relation to any aspect of the RFP,
the RFP process or the award of any Contract without HOAM’s prior written consent.
16. A Vendor may disclose RFP
information to any person but only for the purpose of participating in the RFP.
The Vendor must take reasonable steps to ensure that such recipients do not
disclose Confidential Information to any other person or use Confidential
Information for any purpose other than responding to the RFP.
17. Each Vendor will meet its own
costs associated with the preparation and presentation of its Proposal and any
negotiations.
Ownership
of documents
18. The RFP and its contents remain
the property of HOAM. All Intellectual Property rights in the RFP remain the
property of HOAM or its licensors. HOAM may request the immediate return or
destruction of any or all RFP documents and any copies. Vendors must comply
with any such request in a timely manner.
19. All documents forming the
Proposal will, when delivered to HOAM, become the property of HOAM. Proposals
will not be returned to Vendors at the end of the RFP process.
20. Ownership of Intellectual
Property rights in the Proposal remain the property of the Vendor or its
licensors. However, the Vendor grants to HOAM a non-exclusive, non-transferable,
perpetual licence to retain, use, copy and disclose the information contained in
the Proposal for any purpose related to the RFP process.
No
binding legal relations
21. Neither the RFP, nor the RFP
process creates a process contract or any legal relationship between HOAM and
any Vendor, except in respect of:
a. the Vendor’s declaration in its
Proposal
b. the Offer Validity Period
c. the Vendor’s statements,
representations and/or warranties in its Proposal and in its correspondence and
negotiations with HOAM.
d. no legal relationship is formed
between HOAM and any Vendor unless and until a contract is entered into between
those parties.
Elimination
22. HOAM may exclude a Vendor from
participating in the RFP if HOAM has evidence of any of the following, and is
considered by HOAM to be material to the RFP:
a. the Vendor has failed to
provide all information requested, or in the correct format, or materially
breached a term or condition of the RFP
b. the Proposal contains a
material error, omission or inaccuracy
c. the Vendor is in bankruptcy,
receivership or liquidation
d. the Vendor has made a false
declaration
e. there is a serious performance
issue in a historic or current contract delivered by the Vendor
f. the Vendor has been convicted
of a serious crime or offence
g. there is professional
misconduct or an act or omission on the part of the Vendor which adversely
reflects on the integrity of the Vendor