The Ministry of Education

Request for Proposal
Ready to Read Series
MOE01664

RFP released: 14 June 2019
Deadline for Intention to Respond: 4pm 24 June 2019
Deadline for Questions: 4pm 5 July 2019
Deadline for Proposals: 10am 12 July 2019

The Ministry of Education
Mātauranga House
33 Bowen St
Thorndon
Wellington

 Contents
This opportunity in a nutshell............................................3
SECTION 1: Key information...............................................5
SECTION 2: Our Requirements............................................7
SECTION 3: Our Evaluation Approach................................11
SECTION 4: Pricing information........................................16
SECTION 5: Our Proposed Contract...................................17
SECTION 6: RFP Process, Terms and Conditions.................18

 This opportunity in a nutshell
We wish to seek proposals from expert to enhance texts and teacher materials for our
Ready to Read instructional series. They will incorporate well known features of the
current series (e.g. the colour wheel and the levelling criteria and processes 1).
However, the content will incorporate a more deliberate and explicit progression of a
phonemic/word level learning in relation to a scope and sequence framework 2 and the
topics, characters and content of the new texts will be engaging for ethnically diverse
students in New Zealand classrooms. It is important for all of our students to see
themselves, their families, whānau and communities in the texts they learn to read
with. It is also critically important that early reading teaching and learning explicitly
helps students to learn ‘the code’.

The intention is to build from research undertaken by Massey University 3 and
internationally that reveals that some early readers need explicit and sequenced
instruction in the code of English in addition to accessing texts within rich language
learning contexts.
The revised text design and accompanying materials will directly strengthen and
support teacher practice and student learning. Currently, we are aware that
schools/teachers are using in excess of 50 different ‘phonics’ programmes of variable
quality, without necessarily understanding what each programme seeks to develop or
why and which students might benefit from the approach used. A revised framework
for the Ready to Read series will help eliminate the variations in teacher practice and
better meet the needs of individual students.
Our feedback from a range of literacy professionals tells us that the current Ready to
Read series does meet the needs of many students and that they can be hard to use
with reluctant or struggling readers as there is no apparent progression from one level
to the next in terms of structure, context, languages and characters.

What we need
We want to retain the valued features of the Ready to Read series whilst enhancing it.
The proposal should demonstrate how it will provide a structured framework for the
development of an enhanced Ready to Read series, with accompanying teacher
support materials. We are interested in proposals that explicitly attend to the

1 Refer to the following documents


Ready to Read design thinking



Writing guidelines for guided reading texts: Magenta to Gold (December 2013)



Ready to Read: Full History (December 2018)



Ready to Read. Open Source design report and examples (March 2014)

2 Appendix 6 to the RFP

3 Enhancing Literacy Learning Outcomes for beginning Readers; Research results and teaching strategies
(June 2018)

 language learning needs of students that typically do not make expected progress in
their first year of instruction.
We want teachers to be able to pick up texts and accompanying teacher support
materials that support them to understand learning progressions and provide more
explicit word level instruction for those students that need it.
Any proposal that is selected will show how it is based on evidence about successful
early reading support for struggling/reluctant readers and will demonstrate an ‘andand’ approach.
We expect to monitor how the new texts are used by teachers support so we can
understand the impact on learners in particular but also on teachers’ practice.

What we don’t want
We do not want approaches that fuel a phonics versus whole language debate.
Proposals should state how they support the theory and practice base of Effective
Literacy Practices Years 1-4, the Literacy Learning Progression and the Learning
Progression Frameworks4. Children take individual and multiple pathways to literacy
that require them to crack the code, make meaning and think critically.
We do not want a completely new series that does not build on features that are
familiar to teachers.

What’s important to us
We want to support equity and excellence for every student in every classroom in
every school.
Evidence shows that New Zealand has one of the largest gaps in literacy learning
outcomes among developed countries. Children who start school with less English
literacy capital typically make less progress then their more knowledgeable peers, and
the gap between the two groups widens over time (also known as ‘the Matthew
Effect’). Children from low socio-economic areas, Māori and Pacific children and
children who are English language learners are over-represented in the ‘long tail’ of
underachievement in New Zealand.
Despite heavy investment in reading in New Zealand, international and domestic
research has shown that our system of supports has not managed to influence the
shift in teaching practice that is needed, to support those learners not making
expected progress.
We want to make sure the texts we provide to students and their teachers deliver the
very best support for successful early reading.

Why should you bid?
This is an opportunity to build on an instructional series that is well known nationally
and internationally to make it an even better resource to support successful early
reading for diverse learners in our schools.

4 http://literacyonline.tki.org.nz/
Page 4 of 29

 We welcome proposals from individual companies and/or proposals that identify
expertise across groups and organisations. We are looking for some new thinking that
responds to research about how children and young people learn to read, and what
needs to be learnt for success in the 21 st century.

A bit about us
The New Zealand education system is world-leading, focused firmly on ensuring
achievement for all children and always looking to grow and innovate. Integral
to this, is ensuring that we are ready for, and leading in, quality 21st century
learning.

Page 5 of 29

 SECTION 1: Key information
1.1

Context

This Request for Proposal (RFP) is an invitation to shortlisted suppliers to
submit a Proposal for the Ready to Read Series contract opportunity.
a. This RFP is a single-step procurement process.
b. Words and phrases that have a special meaning are shown by the
use of capitals e.g. Respondent, which means ‘a person,
organisation, business or other entity that submits a Proposal in
response to the RFP. The term Respondent includes its officers,
employees, contractors, consultants, agents and representatives.
The term Respondent differs from a supplier, which is any other
business in the market place that does not submit a Proposal.’.
Definitions are at the end of Section 6.

1.2

Our timeline

a. Here is our timeline for this RFP.
Steps in RFP process
Deadline to submit the Intention to Respond form

Date
24 June 2019

Deadline for Questions from Respondents

4pm 5 July 2019

Deadline for the Buyer to answer Respondents’
questions

4pm 9 July 2019

Deadline for Proposals
Unsuccessful Respondents notified of award of
Contract
Respondents’ debriefs

10am 12 July
2019
30 August 2019
Week starting
16 September
2019

Anticipated Contract start date

2 September
2019

b. All dates and times are dates and times in New Zealand.

1.3

How to contact us

a.All enquiries must be directed to our Point of Contact via the
Government Electronic Tenders Service (GETS). We will manage all
external communications through this Point of Contact.
b.Our Point of Contact
Name: Nigel Richardson
Title/role: Senior Procurement Specialist

1.4

Developing and submitting your Proposal

a. This is an open, competitive tender process. The RFP sets out the
step-by-step process and conditions that apply.
Page 6 of 29

 b. Take time to read and understand the RFP. In particular:
i. develop a strong understanding of our Requirements detailed in
Section 2.
ii. in structuring your Proposal consider how it will be evaluated.
Section 3 describes our Evaluation Approach.
c. For helpful hints on tendering and access to a supplier resource
centre go to: www.procurement.govt.nz / for suppliers.
d. If anything is unclear or you have a question, ask us to explain.
Please do so before the Deadline for Questions. Questions must be
raised via GETS.
e. In submitting your Proposal you must use the Microsoft Word
Response Form provided. In addition, other tender documents as
specified in Section 2, Paragraph 2.8 must be used and completed.
All of these documents can be downloaded from GETS.
f. You must also complete and sign the declaration at the end of the
Response Form.
g. Check you have provided all information requested, and in the format
and order asked for.
h. Having done the work don’t be late – please ensure you get your
Proposal to us before the Deadline for Proposals!

1.5

Address for submitting your Proposal

a. Proposals must be submitted electronically through the GETS website,
www.gets.govt.nz.
b.Proposals sent by post, fax or, hard copy delivered to our office, will
not be accepted.

1.6

Our RFP Process, Terms and Conditions

a.Offer Validity Period: In submitting a Proposal the Respondent
agrees that their offer will remain open for acceptance by the Buyer
for three calendar months from the Deadline for Proposals.
b. The RFP is subject to the RFP Process, Terms and Conditions
(shortened to RFP-Terms) described in Section 6. We have not made
any variation to the RFP-Terms.

1.7

Later changes to the RFP or RFP process

a. If, after publishing the RFP, we need to change anything about the
RFP, or RFP process, or want to provide suppliers with additional
information we will let all suppliers know by placing a notice on the
Government Electronic Tenders Service (GETS) at www.gets.govt.nz
If you downloaded the RFP from GETS you will automatically be sent
notifications of any changes through GETS by email.

Page 7 of 29

 SECTION 2: Our Requirements
2.1 Background
Why are we seeking a change?

In 2019, our school system is characterised by an increasing diversity of learners,
children in New Zealand (NZ) start their schooling life with large differences in
their prior literacy-related exposure and competencies (ERO, 2017, ERO 2018;
Nicholson 2003; Poulton et al. 2018 in Cameron et al, 2018, p.1). The gap is not
closing over time, whether a learner is in a high or low decile school, they make
about the same progress, year on year.
We have a range of guidance and resources to support the teaching of reading
that are not coherently linked and at times may contradict each other.
As a result, the Ministry recognises that adjustments need to be made to the
approach to teaching reading for some children and that they may need more
deliberate or adaptive instruction (Ministry, p.9) so that those learners who begin
school with limited language control and who need many planned opportunities to
develop their vocabulary are given a range of experiences to build their
knowledge of how the written language code works. (p15). Learning the code
means developing the ability to decode and encode written language which
involves the ability to differentiate and recognise sounds and words. In order to
develop a reading strategy, developing readers draw on their knowledge of how
print works and their awareness of phonics and letters forms, (p. 26) so those with
limited language control need explicit instruction in how to decode text. (Effective
Literacy Practice, 2006, pp. 24 – 26).

What’s already in place?

The Ministry provides teaching approaches guidance through our Effective
Literacy Practice texts and Literacy Online (literacyonline.tki.org.nz).
Phonemic awareness and phonics are already an integral part of literacy learning
in New Zealand classrooms, and are recognised as being fundamental to early
success in reading and writing. The Literacy Learning Progressions were
launched in 2007, and outline clear expectations and progressions for teaching
phonological awareness.
The progressions have been designed on the basis that there are three main
aspects to the knowledge, skills, and attitudes that students need to acquire
(Ministry, 2006, p. 24):
I.

Literacy learners need to learn the code of written language. This learning
includes phonological awareness, knowledge of the alphabetic principle and
of phoneme–grapheme relationships, knowledge of how words work, and
automatic recognition or spelling of familiar words (automaticity).

II.

Literacy learners need to learn to make meaning of texts. This learning
includes the use of background knowledge (including knowledge relating to
Page 8 of 29

 their culture, language, and identity), vocabulary knowledge, knowledge of
how language is structured, knowledge about literacy, and strategies to get
or convey meaning.
III.

Literacy learners need to think critically. This includes analysing and
responding to texts and bringing a critical awareness to reading and writing.

Teaching and learning, and supporting resources, need to be able to incorporate all
of these aspects in order to ensure all learners have the literacy capabilities they
need to be capable and successful.

2.2 What we are buying and why
This procurement is to complement and make more explicit the progression of
phonemic awareness and phonics components of effective literacy instruction.
We seek approaches that will more deliberately and successfully support early
literacy/reading for diverse children in our schools. Students start their schooling
life with large differences in their prior literacy-related exposure and
competencies. This is an opportunity to contribute to an exciting and significant
development for the New Zealand schooling system and for our children and
young people.

2.3 What we require: the solution
The proposal should be able to demonstrate how it will support student progress
and achievement within The New Zealand Curriculum as they engage with
learning to read.
The proposal should provide a strong evidence base that supports the design
decisions made.
The proposal should explicitly support students who require additional support.
We are committed to achieving excellence and equity and support should be
cognisant of decile, location, age, gender or ethnicity where a range of approaches
to engage with the curriculum may be required
The materials and approaches developed in any initiatives will need to be shared
across the sector.
If the proposal includes the development of resources, these will need to meet
Ministry of Education quality standards for educational resources. These are
available at add web-link.
In the development of your proposal, we’d like to see what your design solution is
and how it will support diverse students. Please provide us with an intervention
logic or similar that demonstrates within broader curriculum contexts the following
kinds of considerations:


Current situation - what is the issue to be solved, including possible root-causes and
barriers to resolutions and reflecting the opportunity to affect the issue?



Short, medium and long term outcomes - what are the expected results of the changed
design?

Page 9 of 29

 

Inputs – define strengths, resources, time and/or training needed to achieve the
desired outcomes. What investment is needed to make the project work?



Output activities – describe what you are going to do. What key steps are necessary?



Output participation – describe who the project needs to engage to deliver quality
resources.



The

approach

to

resource

design

and

development

that

demonstrates

an

understanding of how to best support shifts in learning experiences for students who
may require additional support. This should be cognisant of decile, location, age,
gender, ethnicity, learning needs and other qualities.



Show how:
o

The proposed solution demonstrates the principles, values, key competencies
and learning areas of the NZC and of local curriculum development.

o

The

proposed

solution

demonstrates

an

understanding

of

cultural

responsiveness and sustainability, including for Māori and Pacific students and
of the diverse nature of New Zealand schools and their students.
o

The proposed solution demonstrates an understanding of ways to support
currently underserved students including those with dyslexia, dyspraxia and
ASD.

You may use diagrams if you wish.

2.4 What we require: capacity
The Ministry is looking for Suppliers that have the capacity to commence work
immediately once contract negotiations are complete.

2.5 What we require: capability
The Ministry is looking for Suppliers who:


have experience in delivering education related services, and especially
resource development



understanding of how children and young people learn, of how The New
Zealand Curriculum works, with specific regard to integrated and local
curriculum delivery and programme design, and effective and adaptive
pedagogies



understanding of cultural responsivity, including for Māori and Pacific students,
and the diverse nature of New Zealand schools and their students



experience in evaluative thinking and project design that will support the
project as a learning opportunity and result in continuous improvement and
robust findings.

Page 10 of 29

 2.6 Contract term
We anticipate that the Contract will commence September 2019. The anticipated
Contract term and options to extend are:
Description

Years

Initial term of the Contract

Two years

Options to extend the
Contract

Up to two extensions of two years each

Maximum term of the
Contract

Six years

2.7 Key outcomes
The following are the key outputs that are to be delivered.
Description

Indicative date for
delivery

Project plan complete with deliverables, milestones
and timeframe

15 October 2019

Milestones as agreed

As agreed

Project deliverable as agreed

As agreed

2.8 Other Tender Documents
In addition to this RFP we refer to the following documents, which form part of this
RFP, and which must be downloaded from GETS and used by all Respondents:
a. Notice of Intention to Respond. This is a Microsoft Word document used to
notify the Ministry of your intention to respond to this RFP
b. RFP Response Form. This is a Microsoft Word document used to capture:
information about the Respondent; non-price related information in written
form; referee information; and the Respondent’s declaration, which covers the
Proposal (including the RFP Response Form itself and all related schedules and
attachments)

c.

Pricing Schedule
d. Contract Terms and Conditions
e. Scope and Sequence Framework
f.

Page 11 of 29

 SECTION 3: Our Evaluation
Approach
This section sets out the Evaluation Approach that will be used to assess Proposals.

3.1 Evaluation model
The RFP will be evaluated in two parts using a ‘two-envelope’ system:
a. Non-price attributes (based on criteria, scored by a weighted attribute method).
Required non-price information is detailed in Section 3, paragraph 3.2.
Responses are to be captured in the RFP Response Form.
b. Price (based on pricing analysis, non-weighted). Required pricing information is
summarised in Section 4.
A brief overview of the evaluation process is provided below:
a. Respondents will upload individual tender documents into GETS.
b. To be considered for evaluation, Proposal documents will be screened to ensure
they are compliant with all required information provided.
c. A Ministry-appointed evaluation panel will consider compliant Proposals.
d. The evaluation panel will firstly score each Proposal based on the weighted
criteria for non-price attributes. This evaluation will be based on the RFP
Response Form. Proposals will then be ranked according to their scores. At this
point, Respondents may be shortlisted.
e. The results of the price analysis will then be independently presented to the
evaluation panel. This evaluation will be based on the Pricing Schedule
submitted.
f.

The evaluation panel will consider and assess for each Respondent (or shortlist
of Respondents) which combination of price and non-price factors provide the
best fit and value-for-money over the life of the Contract.

g. The evaluation panel may request further information or clarification from any
Respondent in a form of its choosing (e.g. written or verbal response,
presentation) to assist with its final assessment of Proposals and decision.
h. The preferred Respondent (or shortlist of Respondents) will then undergo due
diligence to choose a single Respondent, which, subject to Ministry approval,
will then be invited to enter into contractual discussions.

Page 12 of 29

 3.2 Evaluation criteria
Proposals will be evaluated on their merits according to the following evaluation
criteria and weightings.
Criterion
1.

Proposed solution (fit for purpose)

1.1

Describe your proposed solution, include detail on how the solution will
support diverse students to be successful early readers (refer section 2.3 of
the RFP document for the requirements).

Weighti
ng
60%

Note: Provide an intervention logic or similar in your response.
1.2

Explain how your resource will support the framework for
literacy acquisition, specifically:
(a) learning the code (developing the ability to decode and
encode written forms of language);
(b) making meaning (developing and using knowledge,
strategies and awareness to get meaning when reading);
and
(c) thinking critically (discrimination and critical awareness

when reading).
1.3

Explain how the approach to the Ready to Read Instructional
Series design and delivery demonstrates an understanding
about how to best support shifts in learning practices for
students who may require extra support which is cognisant
of decile, location, age, gender, ethnicity, learning needs and
other qualities.

1.4

Provide detail on you will develop and test the proposed
design, provide the expected scope of resource development
(number and levels) and how the proposed texts will be
trialled with students, whānau, and teachers.

1.5

Provide detail on you will manage milestones and completion
dates to ensure projected deliverables are met.

2

Capability of the Respondent to deliver

2.1

Describe your organisation’s experience in delivering
education related services, and especially resource
development for the New Zealand classroom/school/ Kāhui
Ako setting.

2.2

Describe your understanding of how children and young
people learn, of how The New Zealand Curriculum works,
with specific regard to integrated and local curriculum
delivery and programme design, and effective and adaptive
pedagogies.

20%

Page 13 of 29

 In your response please address:
(a)cultural responsivity and sustainability, including for
Māori and Pacific students and of the diverse nature of
New Zealand schools and their students.
(b)ways to support currently underserved students.
2.3

Describe your organisation’s experience in evaluative
thinking and project design that will support the project as a
learning and improvement opportunity and result in robust
and transferrable findings.

2.4

List the relevant qualifications and experience of named
personnel to deliver the requirements.

3

Capacity of the Respondent to deliver

3.1

Describe your organisation’s
requirements, including:

capacity

20%
to

deliver

the

(a)capacity (e.g. number of Full Time Equivalents (FTEs) over
what period) and/or how you will bring in additional
expertise/capacity required if it is not part of current
arrangements
(b)relationship management and ability to meet reporting
requirements
(c) contingency arrangements
delivery be encountered

should

any

obstacle

to

3.2

Describe your organisation’s governance and management structure,
including policy and processes that comply with the Health and Safety Act,
Privacy and Children’s Act requirements, if applicable.

3.3

Confirm your organisation’s ability to commence work
immediately once contract negotiations are complete.
Total weightings

100%

Page 14 of 29

 3.3 Scoring
The following scoring scale will be used in evaluating Proposals. Scores by
individual panel members may be modified through a moderation process
across the whole evaluation panel.
Rating

Definition

Scor
e

EXCELLENT
significantly
exceeds the
criterion

Exceeds the criterion. Exceptional demonstration
by the Respondent of the relevant ability,
understanding, experience, skills, resources and
quality measures required to meet the criterion.
Proposal identifies factors that will offer potential
added value, with supporting evidence.

9-10

GOOD
exceeds the
criterion in
some aspects

Satisfies the criterion with minor additional
benefits. Above average demonstration by the
Respondent of the relevant ability, understanding,
experience, skills, resource and quality measures
required to meet the criterion. Proposal identifies
factors that will offer potential added value, with
supporting evidence.

7-8

ACCEPTABLE
meets the
criterion in full,
but at a
minimal level

Satisfies the criterion. Demonstration by the
Respondent of the relevant ability, understanding,
experience, skills, resource, and quality measures
required to meet the criterion, with supporting
evidence.

5-6

MINOR
RESERVATIO
NS marginally
deficient

Satisfies the criterion with minor reservations.
Some minor reservations of the Respondent’s
relevant ability, understanding, experience, skills,
resource and quality measures required to meet
the criterion, with little or no supporting evidence.

3-4

SERIOUS
RESERVATIO
NS significant
issues that
need to be
addressed

Satisfies the criterion with major reservations.
Considerable reservations of the respondent’s
relevant ability, understanding, experience, skills,
resource and quality measures required to meet
the criterion, with little or no supporting evidence.

UNACCEPTAB
LE significant
issues not
capable of
being resolved

Does not meet the criterion. Does not comply
and/or insufficient information provided to
demonstrate that the Respondent has the ability,
understanding, experience, skills, resource and
quality measures required to meet the criterion,
with little or no supporting evidence.

1-2

0

Page 15 of 29

 3.4 Price
We wish to obtain the best value-for-money over the whole-of-life of the Contract.
This means achieving the right combination of fit for purpose, quality, on time
delivery, quantity and price.
If a Respondent offers a price that is substantially lower than other Proposals (an
abnormally low bid), the Buyer may seek to verify with the Respondent that the
Respondent is capable of fully delivering all of the Requirements and meeting all of
the conditions of the Proposed Contract for the price quoted.

3.5 Evaluation Process and Due Diligence
As part of the evaluation process, we will undertake the following due diligence in
relation to shortlisted Respondents, and account for the findings in the evaluation
process:
a. Confirm the validity of the Proposal
b. Reference check the Respondent organisation and named personnel
c. Assess the Respondent’s financial and operational viability.

3.6 Optional Evaluation Process and Due Diligence
In addition to the above, we may also undertake the following due diligence in
relation to shortlisted Respondents (and where relevant, provide Respondents
reasonable notice), and account for the findings in the evaluation process:
a. Undertake a credit check on the Respondent
b. Undertake other checks against the Respondent e.g. Companies Office
c. Interview Respondents
d. Request Respondents make a presentation
e. Inspect the Respondent’s audited accounts for the last three financial years
f.

Investigate the Respondent’s ownership/structure, business practices and
Director status statements.

Page 16 of 29

 SECTION 4: Pricing information
1.1 Pricing information to be provided by respondents
Respondents are to provide their price as part of their Proposal. In submitting the
Price the Respondent must meet the following:
a. Respondents are to use the pricing schedule template provided.
b. the pricing schedule is to show a breakdown of all costs, fees, expenses and
charges associated with the full delivery of the Requirements over the whole-oflife of the Contract. It must also clearly state the total Contract price exclusive
of GST.
c. where the price, or part of the price, is based on fee rates, all rates are to be
specified, either hourly or daily or both as required.
d. in preparing their Proposal, Respondents are to consider all risks, contingencies
and other circumstances relating to the delivery of the Requirements and
include adequate provision in the Proposal and pricing information to manage
such risks and contingencies.
e. respondents are to document in their Proposal all assumptions and
qualifications made about the delivery of the Requirements, including in the
financial pricing information. Any assumption that the Buyer or a third party will
incur any cost related to the delivery of the Requirements is to be stated, and
the cost estimated if possible.
f. prices should be tendered in NZ$. Unless otherwise agreed, the Buyer will
arrange contractual payments in NZ$.
g. where two or more Respondents intend to lodge a joint or consortium Proposal
the pricing schedule is to include all costs, fees, expenses and charges
chargeable by all Respondents.

Page 17 of 29

 SECTION 5: Our Proposed
Contract
5.1 Proposed Contract
The Proposed Contract that we intend to use for the purchase and delivery of the
Requirements is attached as Appendix 5.
In submitting your Proposal you must let us know if you wish to question and/or
negotiate any of the terms or conditions in the Proposed Contract, or wish to
negotiate new terms and/or conditions. The Response Form contains a section for
you to state your position. If you do not state your position you will be deemed to
have accepted the terms and conditions in the Proposed Contract in full.
Note: If your organisation has a Master Service Agreement (MSA) with the
Ministry of Education than the Services will be entered into using a Statement of
Work under the MSA.

Page 18 of 29

 SECTION 6: RFP Process, Terms and
Conditions
Note to suppliers and Respondents
1.
In managing this procurement the Buyer will endeavour to act fairly and reasonably
in all of its dealings with interested suppliers and Respondents, and to follow due
process which is open and transparent.
2.

This section contains the government’s standard RFP Process, Terms and
Conditions (shortened to RFP-Terms) which apply to this procurement. Any variation
to the RFP-Terms will be recorded in Section 1, paragraph 1.6. Check to see if any
changes have been made for this RFP.

3.

Words and phrases that have a special meaning are shown by the use of
capitals e.g. Respondent, which means ‘a person, organisation, business or other
entity that submits a Proposal in response to the RFP. The term Respondent
includes its officers, employees, contractors, consultants, agents and
representatives. The term Respondent differs from a supplier, which is any other
business in the market place that does not submit a Proposal.’ Definitions are at
the end of this section.

4.

If you have any questions about the RFP-Terms please email our Point of
Contact.

Standard RFP process
Preparing and submitting a
proposal
a.

Preparing a Proposal
a. Respondents are to use the Response Form provided and include all
information requested by the Buyer in relation to the RFP.
b.By submitting a Proposal the Respondent accepts that it is bound by the
RFP Process, Terms and Conditions (RFP-Terms) contained in Section 6
(as varied by Section1, paragraph 1.6, if applicable).
c. Each Respondent will:
4 examine the RFP and any documents referenced in the RFP and any
other information provided by the Buyer
5 consider all risks, contingencies and other circumstances relating to
the delivery of the Requirements and include adequate provision in its
Proposal to manage such risks and contingencies
6 document in its Proposal all assumptions and qualifications made
about the delivery of the Requirements, including any assumption
that the Buyer or a third party will deliver any aspect of the
Requirements or incur any cost related to the delivery of the
Requirements
7 ensure that pricing information is quoted in NZ$ exclusive of GST
8 if appropriate, obtain independent advice before submitting a
Proposal
Page 19 of 29

 9 satisfy itself as to the correctness and sufficiency of its Proposal,
including the proposed pricing and the sustainability of the pricing.
d.There is no expectation or obligation for Respondents to submit
Proposals in response to the RFP solely to remain on any prequalified or
registered supplier list. Any Respondent on such a list will not be
penalised for failure to submit a Proposal.

b.

Offer Validity Period
i. Proposals are to remain valid and open for acceptance by the Buyer for
the Offer Validity Period.

c.

Respondents’ Deadline for Questions
a. Each Respondent should satisfy itself as to the interpretation of the RFP.
If there is any perceived ambiguity or uncertainty in the RFP document/s
Respondents should seek clarification before the Deadline for Questions.
b.All requests for clarification must be made by email to the Buyer’s Point
of Contact. The Buyer will endeavour to respond to requests in a timely
manner, but not later than the deadline for the Buyer to answer
Respondents’ questions in Section 1, paragraph 1.2.a, if applicable.
c. If the Buyer considers a request to be of sufficient importance to all
Respondents it may provide details of the question and answer to other
Respondents. In doing so the Buyer may summarise the Respondent’s
question and will not disclose the Respondent’s identity. The question
and answer may be posted on GETS and/or emailed to participating
Respondents. A Respondent may withdraw a request at any time.
d.In submitting a request for clarification a Respondent is to indicate, in its
request, any information that is commercially sensitive. The Buyer will
not publish such commercially sensitive information. However, the Buyer
may modify a request to eliminate such commercially sensitive
information, and publish this and the answer where the Buyer considers
it of general significance to all Respondents. In this case, however, the
Respondent will be given an opportunity to withdraw the request or
remove the commercially sensitive information.

d.

Submitting a Proposal
a. Each Respondent is responsible for ensuring that its Proposal is received
by the Buyer at the correct address on or before the Deadline for
Proposals. The Buyer will acknowledge receipt of each Proposal.
b.The Buyer intends to rely on the Respondent’s Proposal and all
information provided by the Respondent (e.g. correspondence and
negotiations). In submitting a Proposal and communicating with the
Buyer each Respondent should check that all information it provides to
the Buyer is:
a. true, accurate and complete, and not misleading in any material
respect
b. does not contain Intellectual Property that will breach a third party’s
rights.
c. Where the Buyer requires the Proposal to be delivered in hard and soft
copies, the Respondent is responsible for ensuring that both the hard
and soft copies are identical.
d.Where the Buyer stipulates a two envelope RFP process the following
applies:
c. each Respondent must ensure that all financial information and
Page 20 of 29

 pricing components of its Proposal are provided separately from the
remainder of its Proposal
d. financial information and pricing must be contained either in a
separate sealed envelope or as a separate soft copy file (whichever
option has be requested by the Buyer)
e. the pricing information must be clearly marked ‘Financial and Pricing
Information.’ This is to ensure that the pricing information cannot be
viewed when the package containing the other elements of the
Proposal is opened.

Assessing Proposals
e.

Evaluation panel
a. The Buyer will convene an evaluation panel comprising members chosen
for their relevant expertise and experience. In addition, the Buyer may
invite independent advisors to evaluate any Proposal, or any aspect of
any Proposal.

f.

Third party information
a. Each Respondent authorises the Buyer to collect additional information,
except commercially sensitive pricing information, from any relevant
third party (such as a referee or a previous or existing client) and to use
that information as part of its evaluation of the Respondent’s Proposal.
b.Each Respondent is to ensure that all referees listed in support of its
Proposal agree to provide a reference.
c. To facilitate discussions between the Buyer and third parties each
Respondent waives any confidentiality obligations that would otherwise
apply to information held by a third party, with the exception of
commercially sensitive pricing information.

g.

Buyer’s clarification
a. The Buyer may, at any time, request from any Respondent clarification
of its Proposal as well as additional information about any aspect of its
Proposal. The Buyer is not required to request the same clarification or
information from each Respondent.
b.The Respondent must provide the clarification or additional information
in the format requested. Respondents will endeavour to respond to
requests in a timely manner. The Buyer may take such clarification or
additional information into account in evaluating the Proposal.
c. Where a Respondent fails to respond adequately or within a reasonable
time to a request for clarification or additional information, the Buyer
may cease evaluating the Respondent’s Proposal and may eliminate the
Proposal from the RFP process.

h.

Evaluation and shortlisting
 The Buyer will base its initial evaluation on the Proposals submitted in
response to the RFP. The Buyer may adjust its evaluation of a Proposal
following consideration of any clarification or additional information as
described in paragraphs 6.6 and 6.7.
 In deciding which Respondent/s to shortlist the Buyer will take into
account the results of the evaluations of each Proposal and the following
additional information:
3 each Respondent’s understanding of the Requirements, capability to
fully deliver the Requirements and willingness to meet the terms and
conditions of the Proposed Contract
Page 21 of 29

 4 except where the price is the only criterion, the best value-for-money
over the whole-of-life of the goods or services.
 In deciding which Respondent/s, to shortlist the Buyer may take into
account any of the following additional information:
1. the results from reference checks, site visits, product testing and any
other due diligence
2. the ease of contracting with a Respondent based on that
Respondent’s feedback on the Proposed Contract (where these do not
form part of the weighted criteria)
3. any matter that materially impacts on the Buyer’s trust and
confidence in the Respondent
4. any other relevant information that the Buyer may have in its
possession.
 The Buyer will advise Respondents if they have been shortlisted or not.
Being shortlisted does not constitute acceptance by the Buyer of the
Respondent’s Proposal, or imply or create any obligation on the Buyer to
enter into negotiations with, or award a Contract for delivery of the
Requirements to any shortlisted Respondent/s. At this stage in the RFP
process the Buyer will not make public the names of the shortlisted
Respondents.

i.

Negotiations
a. The Buyer may invite a Respondent to enter into negotiations with a
view to contract. Where the outcome is unsatisfactory the Buyer may
discontinue negotiations with a Respondent and may then initiate
negotiations with another Respondent.
b.The Buyer may initiate concurrent negotiations with more than one
Respondent. In concurrent negotiations the Buyer will treat each
Respondent fairly, and:


prepare a negotiation plan for each negotiation



advise each Respondent, that it wishes to negotiate with, that
concurrent negotiations will be carried out



hold separate negotiation meetings with each Respondent.

c. Each Respondent agrees that any legally binding contract entered into
between the Successful Respondent and the Buyer will be essentially in
the form set out in Section 5, the Proposed Contract.

j.

Respondent’s debrief
a.
At any time after shortlisting Respondents the Buyer will offer all
Respondents who have not been shortlisted a debrief. Each Respondent
will have 30 Business Days, from the date of offer, to request a debrief.
When a Respondent requests a debrief, the Buyer will provide the
debrief within 30 Business Days of the date of the request, or of the date
the Contract is signed, whichever is later.

b.

The debrief may be provided by letter, email, phone or at a
meeting. The debrief will:
1. provide the reasons why the Proposal was or was not successful
2. explain how the Proposal performed against the pre-conditions (if
applicable) and the evaluation criteria
3. indicate the Proposal’s relative strengths and weaknesses
4. explain, in general terms, the relative advantage/s of the successful
Page 22 of 29

 Proposal
5. seek to address any concerns or questions from the Respondent
6. seek feedback from the Respondent on the RFP and the RFP process.

k.

Notification of outcome
a. At any point after conclusion of negotiations, but no later than 30
Business Days after the date the Contract is signed, the Buyer will inform
all unsuccessful Respondents of the name of the Successful Respondent,
if any. The Buyer may make public the name of the Successful
Respondent and any unsuccessful Respondent. Where applicable, the
Buyer will publish a Contract Award Notice on GETS.

l.

Issues and complaints
a. A Respondent may, in good faith, raise with the Buyer any issue or
complaint about the RFP, or the RFP process at any time.
b. The Buyer will consider and respond promptly and impartially to the
Respondent’s issue or complaint.
c. Both the Buyer and Respondent agree to act in good faith and use their
best endeavours to resolve any issue or complaint that may arise in
relation to the RFP.
d. The fact that a Respondent has raised an issue or complaint is not to be
used by the Buyer to unfairly prejudice the Respondent’s ongoing
participation in the RFP process or future contract opportunities.

Standard RFP conditions
m. Buyer’s Point of Contact
a. All enquiries regarding the RFP must be directed by email to the Buyer’s
Point of Contact. Respondents must not directly or indirectly approach any
representative of the Buyer, or any other person, to solicit information
concerning any aspect of the RFP.
b. Only the Point of Contact, and any authorised person of the Buyer, are
authorised to communicate with Respondents regarding any aspect of the
RFP. The Buyer will not be bound by any statement made by any other
person.
c. The Buyer may change the Point of Contact at any time. The Buyer will
notify Respondents of any such change. This notification may be posted
on GETS or sent by email.
d. Where a Respondent has an existing contract with the Buyer then
business as usual communications, for the purpose of managing delivery
of that contract, will continue using the usual contacts. Respondents must
not use business as usual contacts to lobby the Buyer, solicit information
or discuss aspects of the RFP.

n.

Conflict of Interest
a. Each Respondent must complete the Conflict of Interest declaration in
the Response Form and must immediately inform the Buyer should a
Conflict of Interest arise during the RFP process. A material Conflict of
Interest may result in the Respondent being disqualified from
participating further in the RFP.

o.

Ethics
a. Respondents must not attempt to influence or provide any form of
personal inducement, reward or benefit to any representative of the
Buyer in relation to the RFP.
b.A Respondent who attempts to do anything prohibited by paragraphs
Page 23 of 29

 6.13.a. and d. and 6.15.a. may be disqualified from participating further
in the RFP process.
c. The Buyer reserves the right to require additional declarations, or other
evidence from a Respondent, or any other person, throughout the RFP
process to ensure probity of the RFP process.

p.

Anti-collusion and bid rigging
a. Respondents 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 the Buyer. Such behaviour will result
in the Respondent being disqualified from participating further in the RFP
process. In submitting a Proposal the Respondent warrants that its
Proposal has not been prepared in collusion with a Competitor.
b.The Buyer reserves the right, at its discretion, to report suspected
collusive or anti-competitive conduct by Respondents to the appropriate
authority and to give that authority all relevant information including a
Respondent’s Proposal.

q.

Confidential Information
a. The Buyer and Respondent will each take reasonable steps to protect
Confidential Information and, subject to paragraph 6.17.c. 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.
b.The Buyer and Respondent 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.
c. Respondents acknowledge that the Buyer’s obligations under paragraph
6.17.a. are subject to requirements imposed by the Official Information
Act 1982 (OIA), the Privacy Act 1993, parliamentary and constitutional
convention and any other obligations imposed by law. The Buyer will not
be in breach of its obligations if Confidential Information is disclosed by
the Buyer to the appropriate authority because of suspected collusive or
anti-competitive tendering behaviour. Where the Buyer receives an OIA
request that relates to a Respondent’s Confidential Information the
Buyer will consult with the Respondent and may ask the Respondent to
explain why the information is considered by the Respondent to be
confidential or commercially sensitive.

r.

Confidentiality of RFP information
a. For the duration of the RFP, to the date of the announcement of the
Successful Respondent, or the end of the RFP process, the Respondent
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 the Buyer’s prior written
consent.
b.A Respondent may disclose RFP information to any person described in
paragraph 6.17.b. but only for the purpose of participating in the RFP.
The Respondent 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.

s.

Costs of participating in the RFP process
i. Each Respondent will meet its own costs associated with the preparation
Page 24 of 29

 and presentation of its Proposal and any negotiations.

t.

Ownership of documents
i. The RFP and its contents remain the property of the Buyer. All
Intellectual Property rights in the RFP remain the property of the Buyer
or its licensors. The Buyer may request the immediate return or
destruction of any or all RFP documents and any copies. Respondents
must comply with any such request in a timely manner.
ii. All documents forming the Proposal will, when delivered to the Buyer,
become the property of the Buyer. Proposals will not be returned to
Respondents at the end of the RFP process.
iii.Ownership of Intellectual Property rights in the Proposal remain the
property of the Respondent or its licensors. However, the Respondent
grants to the Buyer a non-exclusive, non-transferable, perpetual licence
to retain, use, copy and disclose information contained in the Proposal
for any purpose related to the RFP process.

u.

No binding legal relations
i. Neither the RFP, nor the RFP process, creates a process contract or any
legal relationship between the Buyer and any Respondent, except in
respect of:
a. the Respondent’s declaration in its Proposal
b. the Offer Validity Period
c. the Respondent’s statements, representations and/or warranties in its
Proposal and in its correspondence and negotiations with the Buyer
d. the Evaluation Approach to be used by the Buyer to assess Proposals
as set out in Section 3 and in the RFP-Terms (as varied by Section 1,
paragraph 1.6, if applicable)
e. the standard RFP conditions set out in paragraphs 6.13 to 6.26
f. any other matters expressly described as binding obligations in
Section 1, paragraph 1.6.
ii. Each exception in paragraph 6.21.a. is subject only to the Buyer’s
reserved rights in paragraph 6.23.
iii.Except for the legal obligations set out in paragraph 6.21.a. no legal
relationship is formed between the Buyer and any Respondent unless
and until a Contract is entered into between those parties.

v.

Elimination
i. The Buyer may exclude a Respondent from participating in the RFP if the
Buyer has evidence of any of the following, and is considered by the
Buyer to be material to the RFP:
i.

the Respondent has failed to provide all information requested, or in
the correct format, or materially breached a term or condition of the
RFP

ii.

the Proposal contains a material error, omission or inaccuracy

iii. the Respondent is in bankruptcy, receivership or liquidation
iv. the Respondent has made a false declaration
v.

there is a serious performance issue in a historic or current contract
delivered by the Respondent

vi. the Respondent has been convicted of a serious crime or offence
vii. there is professional misconduct or an act or omission on the part of
the Respondent which adversely reflects on the integrity of the
Respondent
Page 25 of 29

 viii. the Respondent has failed to pay taxes, duties or other levies
ix. the Respondent represents a threat to national security or the
confidentiality of sensitive government information
x.

the Respondent is a person or organisation designated as a terrorist
by New Zealand Police.

w. Buyer’s additional rights
a. Despite any other provision in the RFP the Buyer may, on giving due
notice to Respondents:
1. amend, suspend, cancel and/or re-issue the RFP, or any part of the
RFP
2. make any material change to the RFP (including any change to the
timeline, Requirements or Evaluation Approach) on the condition that
Respondents are given a reasonable time within which to respond to
the change.
b.Despite any other provision in the RFP the Buyer may:
c. accept a late Proposal if it is the Buyer’s fault that it is received late
d. in exceptional circumstances, accept a late Proposal where it
considers that there is no material prejudice to other Respondents.
The Buyer will not accept a late Proposal if it considers that there is
risk of collusion on the part of a Respondent, or the Respondent may
have knowledge of the content of any other Proposal
e. in exceptional circumstances, answer a question submitted after the
Deadline for Questions, if applicable
f.

accept or reject any Proposal, or part of a Proposal

g. accept or reject any non-compliant, non-conforming or alternative
Proposal
h. decide not to accept the lowest priced conforming Proposal unless
this is stated as the Evaluation Approach
i.

decide not to enter into a Contract with any Respondent

j.

liaise or negotiate with any Respondent without disclosing this to, or
doing the same with, any other Respondent

k. provide or withhold from any Respondent information in relation to
any question arising in relation to the RFP. Information will usually
only be withheld if it is deemed unnecessary, is commercially
sensitive to a Respondent, is inappropriate to supply at the time of
the request or cannot be released for legal reasons
l.

amend the Proposed Contract at any time, including during
negotiations with a shortlisted Respondent

m. waive irregularities or requirements in or during the RFP process
where it considers it appropriate and reasonable to do so.
c. The Buyer may request that a Respondent/s agrees to the Buyer:

x.

i.

selecting any individual element/s of the Requirements that is
offered in a Proposal and capable of being delivered separately,
unless the Proposal specifically states that the Proposal, or elements
of the Proposal, are to be taken collectively

ii.

selecting two or more Respondents to deliver the Requirements as a
joint venture or consortium.

New Zealand law
i. The laws of New Zealand shall govern the RFP and each Respondent
agrees to submit to the exclusive jurisdiction of the New Zealand courts
Page 26 of 29

 in respect of any dispute concerning the RFP or the RFP process.

y.

Disclaimer
6 The Buyer will not be liable in contract, tort, equity, or in any other way
whatsoever for any direct or indirect damage, loss or cost incurred by
any Respondent or any other person in respect of the RFP process.
7 Nothing contained or implied in the RFP, or RFP process, or any other
communication by the Buyer to any Respondent shall be construed as
legal, financial or other advice. The Buyer has endeavoured to ensure
the integrity of such information. However, it has not been
independently verified and may not be updated.
8 To the extent that liability cannot be excluded, the maximum aggregate
liability of the Buyer, its agents and advisors is $1.

z.

Precedence
i. Any conflict or inconsistency in the RFP shall be resolved by giving
precedence in the following descending order:
i. Section 1, paragraph 1.6
ii. Section 6 (RFP-Terms)
iii. all other Sections of this RFP document
iv. any additional information or document provided by the Buyer to
Respondents through the Buyer’s Point of Contact or GETS.
ii. If there is any conflict or inconsistency between information or
documents having the same level of precedence the later information or
document will prevail.

Definitions
In relation to the RFP the following words and expressions have the meanings described
below.
Advance
Notice

A notice published by the buyer on GETS in advance of publishing the
RFP. An Advance Notice alerts the market to a contract opportunity.
Where used, an Advance Notice forms part of the RFP.

Business Day

Any week day in New Zealand, excluding Saturdays, Sundays, New
Zealand (national) public holidays and all days from Boxing Day up to
and including the day after New Year’s Day.

Buyer

The Buyer is the government agency that has issued the RFP with the
intent of purchasing the goods or services described in the
Requirements. The term Buyer includes its officers, employees,
contractors, consultants, agents and representatives.

Competitors

Any other business that is in competition with a Respondent either in
relation to the goods or services sought under the RFP or in general.

Confidential
Information

Information that:
1.

is by its nature confidential

2.

is marked by either the Buyer or a Respondent as
‘confidential’, ‘commercially sensitive’, ‘sensitive’, ‘in confidence’,
‘top secret’, ‘secret’, classified’ and/or ‘restricted’

3.

is provided by the Buyer, a Respondent, or a third party in
confidence

4.

the Buyer or a Respondent knows, or ought to know, is
confidential.

Confidential information does not cover information that is in the
Page 27 of 29

 public domain through no fault of either the Buyer or a Respondent.
Conflict of
Interest

A Conflict of Interest arises if a Respondent’s personal or business
interests or obligations do, could, or be perceived to, conflict with its
obligations to the Buyer under the RFP or in the provision of the
goods or services. It means that the Respondent’s independence,
objectivity or impartiality can be called into question. A Conflict of
Interest may be:
 actual: where the conflict currently exists
 potential: where the conflict is about to happen or could happen,
or
 perceived: where other people may reasonably think that a person
is compromised.

Contract

The written Contract/s entered into by the Buyer and Successful
Respondent/s for the delivery of the Requirements.

Contract
Award Notice

Government Rules of Sourcing, Rule 45 requires a Buyer to publish a
Contract Award Notice on GETS when it has awarded a contract that
is subject to the Rules.

Deadline for
Proposals

The deadline that Proposals are to be delivered or submitted to the
Buyer as stated in Section 1, paragraph 1.2.

Deadline for
Questions

The deadline for suppliers to submit questions to the Buyer as stated
in Section 1, paragraph 1.2, if applicable.

Evaluation
Approach

The approach used by the Buyer to evaluate Proposals as described
in Section 3 and in Section 6 (as varied by Section 1, paragraph 1.6,
if applicable).

GETS

Government Electronic Tenders Service available at www.gets.govt.nz

GST

The goods and services tax payable in accordance with the New
Zealand Goods and Services Tax Act 1985.

Intellectual
Property

All intellectual property rights and interests, including copyright,
trademarks, designs, patents and other proprietary rights, recognised
or protected by law.

Offer Validity
Period

The period of time when a Proposal (offer) is held open by the
Respondent for acceptance by the Buyer as stated in Section 1,
paragraph 1.6.

Point of
Contact

The Buyer and each Respondent are required to appoint a Point of
Contact. This is the channel to be used for all communications during
the RFP process. The Buyer’s Point of Contact is identified in Section
1, paragraph 1.3. The Respondent’s Point of Contact is identified in
its Proposal.

Price

The total amount, including all costs, fees, expenses and charges, to
be charged by the Successful Respondent for the full delivery of the
Requirements. Each Respondent’s Proposal must include its Price.

Proposal

The response a Respondent submits in reply to the RFP. It comprises
the Response Form, the Respondent’s bid, financial and pricing
information and all other information submitted by a Respondent.

Proposed
Contract

The Contract terms and conditions proposed by the Buyer for the
delivery of the Requirements as described in Section 5.

RFP

Means the Request for Proposal.

Registration of
Interest

A formal request by a Buyer asking potential suppliers to register
their interest in a procurement. It is the first step in a multi-step
tender process.

Request for
Proposal (RFP)

The RFP comprises the Advance Notice (where used), the
Registration of Interest (where used), this RFP document (including
Page 28 of 29

 the RFP-Terms) and any other schedule, appendix or document
attached to this RFP, and any subsequent information provided by
the Buyer to Respondents through the Buyer’s Point of Contact or
GETS.
RFP-Terms

Means the Request for Proposal - Process, Terms and Conditions as
described in Section 6.

RFP Process,
Terms and
Conditions
(shortened to
RFP-Terms)

The government’s standard process, terms and conditions that apply
to RFPs as described in Section 6. These may be varied at the time of
the release of the RFP by the Buyer in Section 1, paragraph 1.6.
These may be varied subsequent to the release of the RFP by the
Buyer on giving notice to Respondents.

Requirements

The goods and/or services described in Section 2 which the Buyer
intends to purchase.

Respondent

A person, organisation, business or other entity that submits a
Proposal in response to the RFP. The term Respondent includes its
officers, employees, contractors, consultants, agents and
representatives. The term Respondent differs from a supplier, which
is any other business in the market place that does not submit a
Proposal.

Response Form

The form and declaration prescribed by the Buyer and used by a
Respondent to respond to the RFP, duly completed and submitted by
a Respondent as part of the Proposal.

Successful
Respondent

Following the evaluation of Proposals and successful negotiations, the
Respondent/s who is awarded a Contract/s to deliver all or part of the
Requirements.

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