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CS Energy Limited (The Principal) Is a Queensland Government Owned Corporation Generating Electricity from Operating Sites Located At

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REQUEST FOR PROPOSAL NO. 483520 KOGAN CREEK SOLAR BOOST PROJECT CONSTRUCTION PHASE ENGINEERING SUPPORT CS Energy Ltd (ABN 54 078 848 745) RFP Closing Date and Time: 2.00 pm EAST Thursday 2 December 2010 Issue Date: 17 November 2010 CONTENTS SECTION A – REQUEST FOR PROPOSAL CONDITIONS 3 SECTION B – GENERAL CONDITIONS OF CONTRACT – 31 General conditions for the engagement of Consultants SECTION C – THE BRIEF 47 SECTION D - CLIENT SUPPLIED DOCUMENTS 61 RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 2 of 61 Commercial in Confidence 08/10/2009 JMD SECTION A - REQUEST FOR PROPOSAL CONDITIONS 1. INTRODUCTION CS Energy Limited (the Principal) is a Queensland Government owned Corporation generating electricity from operating sites located at: CS Energy has a corporate office in Brisbane and three operating sites: • Callide Power Station - located near Biloela in central Queensland • Mica Creek Power Station - located near Mount Isa in north-west Queensland • Swanbank Power Station - located near Ipswich in southeast Queensland. • Kogan Creek Power Station – located near Chinchilla in south Queensland The Principal is responsible for the operation and maintenance of its electricity generating assets, with objectives to pursue opportunities to maximise value, reduce input costs, reduce plant down time and create a greater flexibility in generation capability. To progress achieving these objectives, the Principal requires the expertise of specialised Contractors to provide defined services aligned to the objectives of the Strategic Sourcing Program to achieve: . The lowest total cost option for purchased goods and services . Significant consolidation of the current supply base . Innovative supply solutions and service from Suppliers . Appointment of Suppliers that provide the best value to CS Energy . Best performance on safety and environmental management and incident prevention . Benefits from improvements throughout the life of the relationship . CS Energy – Supplier relationships that are based on high levels of transparency and cooperation and a philosophy of openness and trust. 2. GENERAL In consideration of CS Energy requesting the Proposal and in consideration of CS Energy agreeing to consider the Proposal in accordance with these Conditions, the Respondent agrees to be bound by these Conditions. The Respondent’s proposal shall address all requirements of the scope of work, summarised as Owner’s Engineering (OE) services, to support the construction of CS Energy’s Kogan Creek Solar Boost Project in accordance with the Brief. The engineering services are being requested for both for a reduced OE scope as well as full OE scope of work. Progression to award of contract for the abovementioned plant and services is fully dependent on final project approval by CS Energy. No contracts will be awarded in relation to this project without this approval, which has not been given at the time of release of this RFP. RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 3 of 61 Commercial in Confidence 3. REQUEST FOR PROPOSAL CONTENTS PAGE The Request for Proposal (RFP) Contents page defines the Proposal and prospective Respondents shall ensure that the RFP is complete as detailed therein. 4. LANGUAGE AND UNITS OF MEASUREMENT AND STANDARDS Each Proposal, together with any supporting documents, shall be written in the English language and measurements and quantities shall be in units consistent with the provisions of the National Measurement Act 1960 and subsequent amendments. Any Australian Standard Publications referred to in the RFP are obtainable from the offices of Standards Australia and shall be the latest published version, unless otherwise stated. 5. NATURE OF CONTRACT 5.1 Lump Sum Contract The Respondent shall set out the Lump Sum prices to perform the work in accordance with Schedule 5. The Respondent shall provide a Schedule of Prices fully priced and summed to agree with the Lump Sum Fee. If any correction shall be necessary in the Schedule of Prices to agree with the Lump Sum Fee, the Schedule of Prices will be adjusted accordingly. 5.2 Schedule of Rates Contract The Respondent shall include a complete Schedule of Rates in accordance with Schedule 5. All items not specifically listed in the Schedule but necessary for the completion of the work in accordance with the Proposal shall be deemed to be included in the Schedule of Rates. 5.3 Separable Portions The RFP does not incorporate separable portions as described in Section C – Scope of Work. 6. SUBCONTRACTORS Respondents shall state in the proposal, the names and addresses of subcontractors whom it is intended shall be engaged upon work associated with the Contract. If the subcontractor for a particular item of work has not been selected, a list of candidate subcontractors from which the subcontractor is to be selected shall be submitted in the Proposal. Where major elements of the work are to be subcontracted, the Respondent shall submit details of proposed subcontractors experience in work of similar type and magnitude. RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 4 of 61 Commercial in Confidence 7. RESPONDENT TO ACQUAINT ITSELF Where the Respondent requires clarification of any aspect of the RFP, enquiries in this regard shall be directed to the person nominated in the Section C of this RFP as the CS Energy’s Representative. If at the time of submitting the proposal the Respondent still has any doubt as to the meaning of any part of the RFP, the proposal shall include a statement setting out the interpretation upon which the proposal is based. Where any element of the work under the Contract is to be performed by the Respondent on premises provided by CS Energy, the Respondent will be deemed to have taken into account any impediments to, or facilities for, performance of that work element by the Respondent and to have made due allowance in the Fees submitted in the Proposal. Claims for extra fees and/or expenses or for extra time under the Contract will not be allowed on the grounds that the Respondent claims insufficient information in the RFP or was not aware of conditions applicable to the premises on which the work is to be performed. The Respondent agrees that: (i) all information provided by the Respondent in the Schedules is accurate; (ii) it has and shall maintain the necessary experience, skill and expertise to perform and complete the Works in accordance with the Contract; (iii) it shall maintain adequate resource levels throughout the period of the Proposal stage prior to award, including nominated key personnel required for the proper performance of the Contract; (iv) it shall ensure key personnel nominated in the Proposal negotiation phase must be available to provide continuing conformance to the Proposal; and (v) that a breach of any of the foregoing warranties shall be grounds for termination of the Contract and a claim for damages by CS Energy. 8. SITE INSPECTION Not Used 9. ORAL ADVICE Oral advice or information given or obtained in respect of this RFP shall not constitute a warranty or a representation to the Respondent and shall not be binding on CS Energy. CS Energy shall be bound only by advice or information furnished by the CS Energy in writing. 10. COMPLETION OF PROPOSALS The RFP Schedules shall be signed by the Respondent. The Respondent shall state - (a) In the case of an individual, the full first name or given names, last name and address; RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 5 of 61 Commercial in Confidence (b) In the case of a business name, the Australian Business Number (ABN) the names and addresses of all proprietors and the address of the principal place of business; (c) In the case of a company, the full name of the company, the ABN and the address of the registered office of the company. Proposal schedules shall contain all information required by the RFP. 11. RESPONDENT'S STANDARD CONDITIONS Conditions of tendering, contract or sale other than as set out in the RFP shall be excluded completely from forming part of the Proposal. Any reasonable departures from the nominated conditions shall be set out in the proposed departures (Schedule 3), for consideration by CS Energy. Respondent’s are advised CS Energy makes no guarantee that it will consider proposed departures that are excessive in quantity and in direct conflict with this RFP conditions of contract. CSE makes no guarantee that it will accept any proposed departures. 12. FEES (a) Currency All Fees shall be expressed in Australian currency (AUD). (b) Goods and Services Tax The Fees shall exclude Goods and Services Tax applicable to any goods or services to be supplied to CS Energy under the Contract. (c) Firm Price Fees Unless otherwise provided for in the RFP, Fees shall be submitted on a firm price basis. (d) Provision for Partial Proposal Unless the RFP provides otherwise the Respondent shall submit a Proposal for the whole of the work. 13. LODGEMENT OF PROPOSALS 13.1 RFP Schedule The RFP Schedule is as follows: Date Process Step Wednesday 17 November RFP issued to Respondents 2010 Monday 22 November 2010 Respondents declare intention to respond to RFP Monday 29 November 2010 Last day to submit questions and requests for clarification Thursday 2 December 2010 Closing date for RFP submission Friday 17 December 2010 Evaluation period for short listed Respondents ends RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 6 of 61 Commercial in Confidence 13.2 Intention to respond to Request for Proposal All recipients of this RFP are requested to notify CS Energy Ltd of their intention or otherwise to participate in this RFP process and lodge a Proposal. Recipients are asked to notify the CS Energy Commercial Representative by 2.00 pm AEST by 22 November 2010.
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