attachment 2 - documents for tenant services tender

Procurement ACT

GS001102.110 - RFT Head Document Tenants Advice Service

Issue Date 06 11 2019

Closing Time and Date 02:00PM (ACT Local Time) on

28 11 2019

Lodgement via https://tenders.act.gov.au

On behalf of: Justice and Community Safety Directorate

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https://tenders.act.gov.au/

GS001102.110 - RFT Head Document

Procurement ACT of 28

Contents

1. Background and Overview .................................................................................... 5

2. Request for Tender (RFT) ...................................................................................... 5

2.1. Tender Documents ........................................................................................................ 5

2.2. RFT Schedule .................................................................................................................. 5

2.3. RFT Queries .................................................................................................................... 5

2.4. Online Forum ................................................................................................................. 6

2.5. Addenda ......................................................................................................................... 6

2.6. Variation and Termination of the RFT ........................................................................... 6

3. Assessment Criteria .............................................................................................. 7

3.1. Threshold Assessment Criteria ........................................ Error! Bookmark not defined.

3.2. Weighted Assessment Criteria ...................................................................................... 7

3.3. Non-Weighted Assessment Criteria .............................................................................. 9

3.4. Overall Assessment of Value for Money ..................................................................... 10

4. Evaluation Process .............................................................................................. 10

4.2. Evaluation Methodology ............................................................................................. 10

4.3. Non-Conforming Tenders ............................................................................................ 10

4.4. Pricing and Two-Envelope Tender ............................................................................... 11

4.5. Alternative Tender ....................................................................................................... 11

4.6. Further Information, Clarification and Enquiries ......................................................... 11

4.7. Presentations ............................................................................................................... 12

4.8. Selection of Preferred Tenderer .................................................................................. 12

4.9. Financial information ................................................................................................... 13

4.10. Debrief ......................................................................................................................... 13

5. Lodgement ......................................................................................................... 13

5.1. Tenders ACT ................................................................................................................. 13

5.2. Tenders ACT Help Desk ................................................................................................ 13

5.3. Method of Lodgement ................................................................................................. 14

5.4. Closing Time and Date ................................................................................................. 14

5.5. Lodgement File Format, Naming Conventions and Sizes ............................................ 14

5.6. Instructions for Completion of Microsoft Excel based Worksheets ............................ 15

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5.7. Instructions for Completion of Deeds and Declarations ............................................. 16

5.8. Tender File Formats, Naming Conventions and Size ................................................... 16

5.9. Lodgement Process Guidance ..................................................................................... 16

5.10. Proof of Lodgement ..................................................................................................... 17

5.11. Late Tenders ................................................................................................................ 17

5.12. Lodgement Checklist ................................................................................................... 18

6. Policies and Legislation ....................................................................................... 19

6.1. Local Industry Participation Policy ............................................................................... 19

6.2. Secure Local Jobs Code .................................................... Error! Bookmark not defined.

6.3. Secure Local Jobs Code Certification ............................... Error! Bookmark not defined.

6.4. Work Health and Safety Act 2011 ............................................................................... 19

6.5. Qualifications, Training and Knowledge ...................................................................... 20

6.6. National Competition Policy ........................................................................................ 20

6.7. Affirmative Action ........................................................................................................ 20

6.8. Sustainability, Waste Reduction and Greenhouse Policies ......................................... 20

7. Contract Requirements ....................................................................................... 21

7.1. Form of Contract.......................................................................................................... 21

7.2. Insurances .................................................................................................................... 21

7.3. Subcontractors not approved ...................................................................................... 21

7.4. Panel of Consultants or Contractors ............................................................................ 21

SCHEDULE 2. STANDARD CONDITIONS OF TENDER ................................................................... 22

1.1. Defined Terms and Interpretations ............................................................................. 22

1.2. Standard Conditions of Tender .................................................................................... 23

1.3. Interpretation .............................................................................................................. 23

1.4. Disclaimer and No Contract ......................................................................................... 23

1.5. Complaints ................................................................................................................... 24

1.6. Validity Period.............................................................................................................. 24

1.7. Costs of Tendering ....................................................................................................... 24

1.8. Ownership of Tender ................................................................................................... 24

1.9. Conflicts of Interest and Collusion ............................................................................... 25

1.10. Security of Documents ................................................................................................ 25

1.11. Confidential Text and Disclosure ................................................................................. 25

1.12. Proprietary Names ....................................................................................................... 25

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1.13. Price Basis, English Language and Metric Units........................................................... 26

1.14. No Guarantee of Business ........................................................................................... 26

1.15. Exchange of Information Between Government Agencies ......................................... 26

1.16. Tenderer Declaration ................................................................................................... 26

1.17. Additional Conditions of Tender .................................................................................. 26

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1. Background and Overview 1.1.1. Tenderers must read this Request for Tender (RFT) in conjunction with the Standard

Conditions of Tender located at clause 8 of this RFT.

1.1.2. To the extent of inconsistency between this RFT and the Standard Conditions of Tender, this RFT prevails.

2. Request for Tender (RFT)

2.1. Tender Documents 2.1.1. This RFT and the Attachment/s set out all of the details concerning the ACT Government

(Territory) requirements in relation to the Services, Standard Condition of Tender, Assessment Criteria and all other matters concerning this process.

2.1.2. The structure of the Tender documents is as follows:

Request for Tender (RFT) Head Document

Attachment A. Statement of Requirements

Attachment B. Draft Contract

Attachment C. Response Schedules

Attachment D. Pricing Tables

2.2. RFT Schedule 2.2.1. The proposed timetable for the procurement process relating to this RFT is:

ACTIVITY DATE

Issue Date 06 11 2019

Closing Time and Date 02:00PM (ACT local time) on 28 11 2019

Evaluation Complete December 2019

Evaluation Report January 2020

Negotiations January 2020

Contract Execution March 2020

Debrief April 2020

2.3. RFT Queries

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2.3.1. Tenderers in doubt as to the true meaning of any part of the RFT are requested to notify the Tenders ACT Team to obtain clarification of the RFT. Any response by the Territory will be in writing and may, if of general application, be issued as an Addendum to the RFT. The Territory will not be responsible for any other interpretation.

2.4. Online Forum 2.4.1. Tenders ACT features an online forum that enables Tenderers to seek clarification about

a Tender. The forum can only be accessed if a Tender has been downloaded. Posts made to the forum will not be immediately displayed to enable the Territory to review the clarification question and to develop a response.

2.4.2. The Territory may choose to:

(a) not publish a request for clarification on the forum and instead issue an Addenda; or

(b) publish the clarification question and a response on the forum, without issuing an Addenda; or

(c) at its discretion, not publish the clarification question.

2.4.3. The forum will not display details about the source of any requests for clarification.

2.4.4. The Territory accepts no responsibility if a Tenderer fails to become aware of any information posted on the forum which would have been apparent from a visit to the relevant RFT page on Tenders ACT.

2.5. Addenda 2.5.1. Tenderers who have downloaded RFT documentation will be notified by Tenders ACT via

email of any Addenda relating to the RFT documentation.

2.5.2. In the event that the Territory amends an RFT or the Standard Conditions of Tender, it will make reasonable efforts to inform Tenderers who have downloaded the RFT, in accordance with this clause 2.7. All information and notices relating to RFTs (including amendments to RFT’s or Conditions of Tender) will be posted on the relevant RFT page on Tenders ACT as an Addendum.

2.5.3. The Territory accepts no responsibility if a Tenderer fails to become aware of any Addendum notice which would have been apparent from a visit to the relevant RFT page on Tenders ACT.

2.6. Variation and Termination of the RFT 2.6.1. The Territory may, at its absolute discretion:

(a) amend the RFT, including by extending the Closing Time and Date, or amending the draft Contract or the Territory’s requirements by giving written notice to Tenderers (where possible) and advertising the changes on Tenders ACT;

(b) vary the RFT process;

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(c) suspend, terminate or abandon the RFT process in whole or in part where in theopinion of the Territory:

i. that is in the public interest;

ii. no Tenderer meets the minimum Statement of Requirements or formatrequirements (if any);

iii. no Tenderer is fully capable of complying with and undertaking the Contract;or

iv. no Tender represents Value for Money.

3. Assessment Criteria

3.1. Weighted Assessment Criteria 3.1.1. The Territory will assess Tenders against the following weighted Assessment Criteria.

3.1.2. At the conclusion of the assessment of the weighted Assessment Criteria Tenders will be assigned a numerical score for each weighted Assessment Criteria.

NO. WEIGHTED ASSESSMENT CRITERIA WEIGHTING

WC 1 Understanding and appreciation of the RFT requirements and proposed Methodology to deliver the Services

a) The Tenderer is required to provide:

i. detailed information demonstrating a clearunderstanding of the procurement purpose, objectives and risks involved in delivering this service;

ii. detailed information explaining how the TAL will beresourced, and available to receive incoming calls for aminimum of 5 hours per day, during business hours, ona minimum of 80 per cent of Canberra business days;

iii. detailed information explaining how the TAL will beresourced, and available to receive incoming callsduring the hours of 5pm to 8pm, 1 business day perweek;

iv. evidence of their ability to deliver the servicerequirements as specified in Clause 1.3 of theStatement of Requirements;

v. evidence of their experience, and ability in deliveringsimilar services;

vi. information that details the processes used to assistclients/callers to identify their legal problems, and the

40%

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methodology used to empower clients/callers to understand, and asset, their legal rights; and

vii. specify the processes used when providing advocacy casework and legal representation services to clients.

b) The Tenderer is required to demonstrate its experience in providing the services by evidencing:

i. your ability to provide and operate a Telephone Advice and Information Service (TAL);

ii. the proposed methodology to operate the TAL for a minimum of five (5) hours per business day;

iii. the proposed plan to increase the hours of operation of the TAL;

iv. your ability to provide legal advocacy services (e.g. representation) on matters of residential tenancies and occupancy law, which is appropriate, proportionate and tailored to the client’s capability and legal needs; and

v. the ability to provide a translating and interpreting service for all clients/callers that require the service.

WC 2 Capability and Capacity to Deliver the Services

Tenderers are required to provide details on their organisation’s capability to undertake the services, including:

i. details of qualifications, skillsets and experience of nominated personnel working on this contract, including Certification of Working with Vulnerable People;

ii. current organisation capacity. Tenderers are required to provide:

1. organisation structure; and

2. location of organisation.

iii. Maintaining a public advertising presence advising clients/callers of the TAL’s opening hours, including any closure dates, to raise awareness of the service;

iv. Example of the Transition In Plan including proposed timeframes for the achieving each phase of the transition in as outlined in Clause 1.10 of the statement of Requirements. Timeframes must be

25%

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scheduled to meet the April 2020 commencement date; and

v. Identify who steps will be undertaken, as well as their capacity, to provide employment to persons who arecurrently employed to provide the TAS.

WC 3 Reporting

Tenderers are required to provide details of reporting capabilities including an example of a monthly report that meets the requirements outlined in Clauses 1.12.2 and 1.12.3 of the Statement of Requirements.

15%

WC 4 Work Health and Safety (WHS)

Tenderers are required to outline the procedures and processes used to ensure personnel receive training, and/or refresher courses relevant to WHS Act 2011.

10%

WC 5 Regional Contribution

Local Industry Participation Policy

The Territory will assess the extend to which the Tenderer has demonstrated that it will ensure capable local businesses are given full, fair and reasonable opportunity to participate in the provision of the Services during the term of the proposed Contract.

Tenderers must prepare and submit an Economic Contribution Test (ECT)/Local Industry Participation Plan (Local IP Plan) by completing the relevant template available at:

https://www.procurement.act.gov.au/policy-and-resources/factsheets-and-policies

10%

3.2. Non-Weighted Assessment Criteria 3.2.1. The Territory will take into account in its assessment the following Non-Weighted

Assessment Criteria.

NO. NON-WEIGHTED ASSESSMENT CRITERIA

NWC 1 Price

Tenderers are required to complete the Returnable Pricing Schedule. All pricing breakdown categories within the Schedule should be populated. Prices are to be in Australian Dollars and GST inclusive.

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NWC 2 Referees

Tenderers are to provide contact details for three (3) referees, including name, address and telephone number. The referees need to be able to attest to the capacity/capability of the Tenderer against each of the Assessment Criteria.

3.3. Overall Assessment of Value for Money 3.3.1. Following the evaluation of Tenders against the Assessment Criteria and prior to selecting

a preferred Tenderer the Territory may undertake an overall Value for Money assessment of all Tenders, including taking into account:

(a) the results of the evaluation against the Assessment Criteria;

(b) risk (which may include, without limitation, financial risk and risk arising as a result of the Tender being assessed as an unacceptably high risk against any Assessment Criteria);

(c) whole of life (WOL) costs; and

(d) any other matter set out in, or relevant to, the Government Procurement Act 2001.

4. Evaluation Process 4.1.1. The purpose of the evaluation process is to identify and select the Tenderers that

represents the best Value for Money to the Territory, consistent with the Territory Procurement Framework, inclusive of the Government Procurement Act 2001, the Government Procurement Regulations 2007, Territory procurement standards, procedures and policies.

4.1.2. Tenders will be assessed in accordance with the Assessment Criteria and evaluation methodology adopted by the Territory to determine best Value for Money. Value for Money is a comprehensive assessment that takes into account both costs represented by the assessment of price and value represented by technical assessment in the context of the risk profile presented by each Tender, including any request by a Tenderer to limit its liability under the Attachment B. Draft Contract.

4.2. Evaluation Methodology 4.2.1. In evaluating Tenders the Territory has as its objective the attainment of best Value for

Money and not necessarily the lowest tendered price.

4.2.2. Apart from the conformity with the requirements of this RFT, the Territory will evaluate Tenders in accordance with the Assessment Criteria outlined above.

4.2.3. Tenderers are requested to provide responses to the following Assessment Criteria at Schedule 3 of Attachment C (Response Schedules) to this RFT.

4.3. Non-Conforming Tenders

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4.3.1. A Tender that:

(a) is at variance with or does not respond to or does not fully comply with any requirement of the RFT; or

(b) is incomplete, cannot be read or decrypted; or

(c) potentially contains any virus, malicious code or anything else that might compromise the integrity or security of Tenders ACT and/or the Territory’s ICT environment

may be deemed to be non-conforming.

4.3.2. The Territory may at its absolute discretion, in respect of a Tender that is non-conforming or which has been deemed by the Territory to be non-conforming having regard to any Conditions of Tender:

(a) reject and not further consider the Tender;

(b) ignore any non-conformance in the Tender and assess the Tenders against the Assessment Criteria; or

(c) if it is possible to correct the non-conformance without affecting the probity of the Tender process, permit the Tenderer to do so.

4.4. Pricing and Two-Envelope Tender 4.4.1. Tenderers must complete the Pricing Tables at Attachment D of this RFT.

4.4.2. Tendered pricing must be submitted in a single file separate from any non-price information including the Threshold Assessment Criteria, the Weighted Assessment Criteria and any executive summaries.

4.5. Alternative Tender 4.5.1. A Tender must be submitted strictly in accordance with the RFT.

4.5.2. The Tenderer may submit alternative Tenders for consideration but must also submit a Tender which conforms in all aspects with the RFT to be eligible for consideration.

4.5.3. Where an alternative Tender is submitted, the Tenderer must include a fully detailed description of the alternative Tender and must state clearly the manner in which it differs from the requirements of the RFT.

4.6. Further Information, Clarification and Enquiries 4.6.1. Despite any other requirement of the RFT, the Tenderer must, if so required, submit

additional information to allow full consideration of the Tender. There is no obligation on the part of the Territory to seek clarifying or any other information.

4.6.2. By tendering in response to the RFT, the Tenderer:

(a) authorises the Territory to:

i. seek further information and enquire into the Tenderer’s financial status and viability, and

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ii. obtain from any Territory, State or Commonwealth government agency(including for the avoidance of doubt, any regulatory or law enforcementbody) and take into account in its evaluation, information, includinginformation about the Tenderer’s performance and/or compliance duringany previous or current Contracts for Services similar to those sought in theRFT (whether or not those Contracts were with the Territory, State orCommonwealth or another entity and whether or not those Contracts werenominated by the Tenderer in its Tender);

iii. obtain and take into account in its evaluation, information from referees onprior or current projects on which the Tenderer was involved (whether or not nominated by the Tenderer in its Tender);

(b) acknowledges that the provision and receipt of information by the Territory to anyother Territory, State or Commonwealth government agency for the purposestated in paragraph (a) above is a communication in circumstances of qualifiedprivilege and the Tenderer shall have no claim against the Territory, in defamationor otherwise, in respect of any matter arising out of the provision or receipt of suchinformation, including any claim for loss to the Tenderer arising out of thecommunication;

(c) warrants that no other person’s or organisation’s moral or intellectual propertyrights will be breached in the Territory’s use of the Tender for the purpose of theRFT or in any agreement that may be entered into by the Territory with a preferredTenderer; and

(d) will, if an Act or Regulation requires that a person be registered or licensed to carryout the Services include in its Tender evidence of registration or licensing. TheTerritory may seek information from sources, including regulatory and lawenforcement bodies, relevant to whether the Tenderer is relevantly registered orlicensed to perform the Services.

4.7. Presentations 4.7.1. Prior to determining the preferred Tenderer the Territory may, at its discretion request

presentations or interviews with Tenderers for the purpose of seeking clarification or any other purpose or conduct any further due diligence activities.

4.7.2. The purpose of any interviews/presentations (if held) will not be to allow Tenderers a chance to enhance or amend their Tender and will be confined to addressing the issues raised by the Territory.

4.7.3. Whether interviews and/or presentations are held will be at the Territory’s absolute discretion and Tenderers should not rely on being invited to make further submissions (including presentations) or to participate in an interview process prior to the Territory’s evaluation process being finalised.

4.8. Selection of Preferred Tenderer 4.8.1. The Territory is under no obligation to select any Tender. The Tender process may be

varied or discontinued upon the Territory giving written notice to Tenderers.

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4.8.2. Upon conclusion of the evaluation process, the Territory may select a preferred Tenderer and then:

(a) commence Contract negotiations with the preferred Tenderer with a view toconcluding those negotiations within a prescribed period of time; or

(b) negotiate with another Tenderer if Contract negotiations with the preferredTenderer are not concluded within the time specified to the preferred Tenderer; or

(c) cease negotiations with any Tenderer.

4.8.3. No legal obligations arise until the Territory has executed a Contract with the preferred Tenderer.

4.9. Financial information 4.9.1. The Territory may at its discretion require the preferred Tenderer (or any subsequent

preferred Tenderer) to submit additional information for the purpose of the Territory (or the Territory’s engaged consultant) assessing the preferred Tenderer’s financial capacity and viability to provide the Services, which may, for example and without limitation, include the information set out in the Contractor/Consultants Financial Assessment Kit located on the Procurement ACT web page at http://www.procurement.act.gov.au/prequalification/prequalification_document_downloads .

4.10. Debrief 4.10.1. The Territory will invite unsuccessful Tenderers to attend a debriefing following the award

of a Contract.

5. Lodgement

5.1. Tenders ACT 5.1.1. Tenders ACT is the Territory’s procurement information system. Access to and use of

Tenders ACT is subject to the acceptance of the Terms of Use located on Tenders ACT: https://tenders.act.gov.au

5.1.2. All Tenders must be lodged electronically, in accordance with clause 5.3 of this RFT, through Tenders ACT.

5.2. Tenders ACT Help Desk 5.2.1. All enquiries and requests for technical or operational support should be directed to:

Tenders ACT Team

Telephone: 02 6207 7377

International: +61 2 6207 7377

Email: [email protected]

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http://www.procurement.act.gov.au/prequalification/prequalification_document_downloads

http://www.procurement.act.gov.au/prequalification/prequalification_document_downloads


mailto:[email protected]



5.2.2. The Tenders ACT Team is available between 9 am and 5 pm ACT local time, Monday to Friday (excluding ACT and national public holidays).

5.3. Method of Lodgement 5.3.1. Tenders must be lodged electronically via Tenders ACT before the Closing Time and Date

in accordance with the lodgement procedures set out in the RFT.

5.3.2. Where there is any inconsistency between these lodgement procedures and those set out in the RFT documentation, the RFT documentation will prevail.

5.3.3. A Tender lodged by any other means including by hand, facsimile or email will be considered non-conforming.

5.3.4. Tenderers must register on Tenders ACT in order to lodge a Tender.

5.4. Closing Time and Date 5.4.1. A Tender must be lodged before the Closing Time and Date identified on the front page

of the RFT.

5.4.2. The judgement of the Territory as to the time a Tender has been lodged will be final.

5.4.3. The Territory may extend the Closing Time and Date at its sole and absolute discretion and will issue an Addendum in accordance with clause 2.7 of the RFT notifying any decision to extend.

5.5. Lodgement File Format, Naming Conventions and Sizes 5.5.1. Tendered files must be lodged, as applicable or as otherwise instructed, in the following

formats:

(a) PDF; and/or

(b) Microsoft Word; and/or

(c) Microsoft Excel; and/or

(d) AutoCAD (dwg).

5.5.2. The Tenderer warrants that, when it lodges its Tender electronically, it has taken reasonable steps to ensure that the electronic files lodged are free of viruses, malicious code or other disabling features which may affect Tenders ACT and/or the Territory’s ICT environment. Any Tender found to contain viruses, malicious code or other disabling features will be excluded from the evaluation process.

5.5.3. Tenderers must lodge their Tenders in accordance with the requirements set out in these Standard Conditions of Tender, Tenders ACT’s Terms of Use and the RFT documentation for file format/s, naming conventions and file sizes. Failure to comply with any of these requirements may exclude a submission from the evaluation process.

5.5.4. Tenderers should use a structured file naming convention to ensure clear identification of tendered documents and their contents including the RFT number, a shortened Tenderer name and file description (for example: RFT_50094_MYTENDER_Pricing).

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5.5.5. For Tender file name/s, Tenderers must not:

(a) use special characters, including but not limited to \ / : * ? " < > |.; and

(b) create a file name that exceeds 80 characters.

5.5.6. Tender files should:

(a) be uploaded from a high-level directory on the Tenderer’s desktop so as to ensurethat the total characters for both the file name and file path does not exceed 100characters;

(b) not be selected from a secure or password protected location, or from portablemedia such as, but not limited to, CD, DVD or USB; and

(c) be zipped (compressed) together for transmission to Tenders ACT.

5.5.7. To limit any clarification delays upon receipt of Tenders, the Territory recommends only the final version of a Tender submission be uploaded onto Tenders ACT.

5.5.8. Tenders ACT will accept up to a maximum of 15 files in any one upload of a Tender. Each upload must not exceed the size limit of 100 MB per upload. If an upload would otherwise exceed the specified size limit, the Tenderer should either:

(a) transmit the Tender file(s) as a compressed (zip) file not exceeding the size limit;and/or

(b) lodge the Tender in multiple uploads ensuring that each upload does not exceedthe size limit and clearly identify each upload as part of the submission.

5.5.9. If a Tender consists of multiple uploads, due to the number of files or file size, Tenderers must ensure that transmission of all files is completed before the Closing Time and Date.

5.5.10. Tenders must be completely self-contained. No hyperlinked or other material may be incorporated by reference. All supporting material that is not directly related to the RFT should be provided in accordance with the requirements as detailed in the RFT documentation.

5.5.11. Tenders lodged through Tenders ACT will be deemed to be authorised by the Tenderer.

5.6. Instructions for Completion of Microsoft Excel based Worksheets

5.6.1. When requested to complete responses in the Excel worksheets provided, please ensure:

(a) all purple sections are completed by the Tenderer;

(b) compliance statements are completed using the drop-down boxes; and

(c) please provide your responses in the answer boxes in this document.

5.6.2. Add detail/comment if necessary, using a maximum of 500 words in the spreadsheet. If more information is required, or if the information you wish to submit is contained in existing material you may have, you should attach the document and provide a reference to the document.

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5.6.3. Excel worksheets may be password protected preventing any changes, other than the yellow areas for response. Please refrain from copying and pasting cells from another application where possible. If you do require to copy and paste, please be aware you will need to select the destination cell, then click into the format bar space at the top of the screen, and then click paste - to ensure the content adapts to the destination cell - and does not attempt to bring in source formatting.

5.7. Instructions for Completion of Deeds and Declarations 5.7.1. Tenderers are to ensure that the:

(a) Tenderer's Declaration at Schedule 10;

(b) Ethical Supplier’s Declaration at Schedule 11;

(c) Confidentiality Deed at Schedule 12;

are completed in accordance with the requirements and instructions set out in the relevant schedule.

5.7.2. The completed schedules are to be scanned as separate electronic files and submitted as part of the Tender response.

5.8. Tender File Formats, Naming Conventions and Size 5.8.1. Tenderers should save their Tender response in the following format/s only:

(a) Microsoft Word version 2003 or above (.doc or .docx);

(b) Microsoft Excel version 2003 or above (.xls or .xlsx); and

(c) Adobe Acrobat format version 10 or above (.pdf).

5.8.2. It is preferred that Tenderers submit their non-pricing response in Adobe Acrobat (.pdf) format. Files may be compressed (.zip).

5.8.3. The Tender response filename/s:

(a) should incorporate the Tenderer's name; and

(b) should reflect the various parts of the bid they represent, where the Tenderresponse comprises multiple files.

5.8.4. Adobe Acrobat security settings should be set to allow content copying (copy and paste) and printing of the pdf file.

5.9. Lodgement Process Guidance (a) Before lodging a submission, it is strongly recommended that Tenderers:

i. ensure their technology platform meets the minimum requirementsidentified, if any, on Tenders ACT;

ii. ensure their internet connection is working correctly and in the case ofwireless internet connection that the signal is strong and stable;

iii. refer to Tenders ACT User Manual, if required, on uploading a submission;

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iv. take all steps to ensure that the submission is free from anything that mightreasonably affect useability or the security or operation of Tenders ACTand/or the Territory’s ICT environment;

v. ensure that the submission does not contain macros, script or executablecode of any kind unless that specific material has previously been approvedin writing by the Territory; and

vi. ensure that the submission complies with all file type, format, namingconventions, size limitations or other requirements specified within the RFTdocumentation.

(b) Tenderers should allow sufficient time for lodgement, including time that may berequired for any problem analysis and resolution prior to the Closing Time and Date.

(c) Tenderers should be aware that holding the “Submit Electronic Response” pageopen in the web browser will not hold the electronic Tender box open beyond theClosing Time and Date. Unless advised otherwise in the RFT document, submissionscannot be lodged on Tenders ACT after the Closing Time and Date.

(d) If Tenderers have any problem in accessing Tenders ACT or uploading a Tender theymust contact the Tenders ACT Team prior to the Closing Time and Date for technical and operational assistance.

5.10. Proof of Lodgement (a) When a lodgement has successfully been completed, an official receipt is provided

on screen. The on-screen receipt will record the time and date the Tender wasreceived by Tenders ACT and will be conclusive evidence of successful lodgementof a Tender. It is essential that Tenderers save and print this receipt as proof oflodgement. A separate email confirming receipt of the Tender will also beautomatically dispatched to the email address registered with Tenders ACT.

(b) Failure to receive a receipt means that lodgement has not completed successfully.Where no receipt has been issued by Tenders ACT, the attempted lodgement willbe deemed to have been unsuccessful. In these circumstances, Tenderers shouldlodge Tenders again.

(c) The protocols relating to Late Tenders will apply (see clause 5.8) in the case ofTenders being lodged again.

5.11. Late Tenders (a) Any attempt to lodge a Tender after the Closing Time and Date will not be permitted

by Tenders ACT. Such a Tender will be deemed to be a Late Tender. Tenderersseeking to lodge a Late Tender must contact the Tenders ACT Team to obtaininstructions on how a Late Tender might be lodged.

(b) Late Tenders will be registered separately and may be admitted to evaluation atthe absolute discretion of the Territory. In deciding whether to admit a Late Tenderto evaluation, factors that may be considered include:

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i. whether the Tenderer is likely to have had an opportunity to obtain someunfair advantage from late submission of the Tender;

ii. how late the Tender is, the reasons and evidence given for lateness;

iii. whether the Tender was mishandled by the Territory; and

iv. evidence of unfair practices.

(c) The Territory may investigate the reasons provided for lateness. The investigationprocess may include reviewing the system’s audit trial to identify if the Tendererattempted to lodge the Tender prior to the Closing Time and Date and if assistancewas sought from the Tenders ACT Team.

(d) Where the lodgement of a Tender has commenced prior to the Closing Time andDate but concluded after the Closing Time and Date, and upload of the Tender file/shas completed successfully, as confirmed by Tenders ACT logs, the Tender will notbe deemed to be a Late Tender. Such a Tender will be identified by the Territory ashaving commenced transmission prior to, but completed lodgement after, ClosingTime and Date.

(e) Where a Tender lodgement consists of multiple uploads, due to the number and/orsize of the files, Tenderers must ensure that transmission of all files is completedand receipted before the Closing Time and Date and paragraph (d) above will onlyapply to the final upload.

(f) Late Tenders or incomplete Tenders; including those with electronic files thatcannot be read or decrypted, Tenders which the Territory believes to potentiallycontain any virus, malicious code or anything else that might compromise theintegrity or security of Tenders ACT and/or the Territory’s ICT environment, may beexcluded from the evaluation process.

(g) If Tenderers have any problem in accessing Tenders ACT or uploading a submissionthey must contact the Tenders ACT Team prior to the Closing Time and Date fortechnical and operational assistance.

5.12. Lodgement Checklist 5.12.1. Below is a list of actions and/or information that Tenderers should review prior to

submitting their Tender. This list may not be complete and Tenderers should rely on their own inspection of the Standard Conditions and this RFT.

☐ Sufficient time allowed for the submission of the Tender;

☐ Tender files comply with specified Lodgement requirements;

☐ Tenderer has read and understood the Standard Conditions of Tender -

☐ Tenderer has read and understood any Additional Conditions of Tender (Referclause 8.17);

☐ All Assessment Criteria addressed (Refer Schedule 3 Attachment C);

☐ Pricing Schedule completed and submitted on a file separate from non-pricinginformation (Refer Attachment E);

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☐ Local Industry Participation Policy - Economic Contribution Test or Local IndustryParticipation Plan (as applicable) completed and signed, and submitted on aseparate file (refer Attachment D);

☐ Secure Local Jobs Code Certificate (as applicable) held;

☐ Labour Relations, Training and Workplace Equity Plan (as applicable) completed and signed, completed and signed, and submitted on a separate file (Refer AttachmentD);

☐ Ethical Suppliers Declaration (as applicable) completed and signed (Refer Schedule10 Attachment C);

☐ Referees Details enclosed (Refer Schedule 6 Attachment C);

☐ Completed Confidential Text (Refer Schedule 5 Attachment C);

☐ Draft Contract reviewed (as applicable) and items for negotiation identified, (ReferSchedule 4 Attachment C);

☐ Completed and signed Tenderer Details and Declaration (Refer Schedule 1Attachment C);

☐ Insurance cover (including workers compensation) to the value requested by theTerritory (copy of current certificates to be supplied) (Refer Schedule 7 AttachmentC); and

☐ Confidentiality Deed (as applicable) completed and signed (Refer Schedule 11Attachment C).

6. Policies and Legislation

6.1. Local Industry Participation Policy 6.1.1. The ACT Government is committed to ensuring competitive local businesses are given

every opportunity to compete for government Contracts. The Canberra Region Local Industry Participation Policy (LIPP) sets out the process and requirements for ensuring opportunities for local industry participation in Territory procurements. The LIPP aims to promote the development and growth of the broader Canberra Region economy to support local businesses capabilities and ultimately support more local jobs. Tenderers should inform themselves about the requirements of the LIPP by reviewing the policy which can be accessed on the Procurement ACT website https://www.procurement.act.gov.au/canberra-region-lipp .

6.1.2. Tenderers for Territory-Funded Work from 15 January 2019 where the value is $25,000 or more must submit with their Tender a Labour Relations, Training and Workplace Equity Plan.

6.2. Work Health and Safety Act 2011

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https://www.procurement.act.gov.au/canberra-region-lipp



6.2.1. The preferred Tenderer will be required to ensure that its business and all employees operate, in the provision of the Services, in accordance with the Work Health and Safety Act 2011.

6.3. Qualifications, Training and Knowledge 6.3.1. The preferred Tenderer will be required to ensure that all employees are adequately

trained and qualified to ensure that all Services are delivered in accordance with the requirements of the Contract, and any relevant legislation and Australian Standard.

6.4. National Competition Policy 6.4.1. The Commonwealth and all State and Territory Governments agreed, in April 1995, to a

National Competition Policy which comprises three agreements including a Competition Principles Agreement. The policy requires that both public and private sector organisations undertaking business operate within similar regulatory and commercial environments.

6.4.2. Clause 3 of the Competition Principles Agreement requires government agencies which undertake significant business activities to observe the principle of competitive neutrality. Among other requirements, this means that government agencies must include in their Tenders all commercial costs that private sector organisations would include in their Tenders. It is the responsibility of a public sector agency submitting a Tender to advise whether all commercial costs have been included in their Tender.

6.5. Affirmative Action 6.5.1. The Territory will not enter into a Contract with a Contractor named by the Workplace

Gender Equality Agency as an employer currently not complying with the Workplace Gender Equality Act 2012 (Cth) (“the Gender Act”).

6.5.2. Information about the Gender Act may be obtained from the Workplace Gender Equality Agency. Refer to: http://www.wgea.gov.au.

6.6. Sustainability, Waste Reduction and Greenhouse Policies 6.6.1. The Territory is committed to considering environmental issues in the performance of its

activities. To this end the following policies and strategies are to be noted by Tenderers:

(a) People, Place and Prosperity: A Policy for Sustainability in the ACT - outlines a set of principles that clarify the concept of sustainability. These principles include using resources prudently and taking all costs and benefits into account;

(b) ACT Waste Management Strategy 2011-2025: Towards a Sustainable Canberra – establishes a framework for sustainable resource management and lists broad actions which are needed to achieve the aim of a waste-free society; and

(c) Weathering the Change – The ACT Climate Change Strategy 2007-2025 – provides an overview of climate change science, the predicted impacts on the ACT and the Government’s approach for responding to climate change.

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http://www.wgea.gov.au/



6.6.2. The first of these policies can be downloaded from the Chief Minister and Cabinet Directorate website at http://www.cmd.act.gov.au/policystrategic/sustainability. To download the remaining two policies see the Environment and Sustainable Development Directorate web site at http://www.environment.act.gov.au.

7. Contract Requirements

7.1. Form of Contract 7.1.1. The form of Contract expected to be used for the Services required by this RFT is the

Territory’s Services Agreement, which can be downloaded from at: https://tenders.act.gov.au

7.1.2. The Territory reserves the right in its total discretion to alter provisions of the Contract and the form of Contract if an alternative is determined to be more appropriate.

7.1.3. The Contract is expected to be for an initial period of three (3) years, with provision for up to two (2) extensions of one (1) years. The maximum period of the Contract will be five (5) years.

7.1.4. It is anticipated that the contract will commence in April 2020. The Territory will determine the Contractor in December 2019. Contract negotiations will begin with the Contractor in January 2020, allowing for a three-month transition period before the new service commences.

7.2. Insurances 7.2.1. Without limiting the insurance that is required to be held by the successful Tenderer by

law (e.g. workers’ compensation) or under Contract with the Territory, the successful Tenderer will be required to take out and maintain:

(a) public liability insurance with coverage in the amount of no less than $10,000,000.00 in respect of each occurrence; and

(b) professional indemnity insurance as required by the Law Society of the Australian Capital Territory.

7.2.2. A preferred Tenderer may be required to produce evidence of insurances before a Contract is signed.

7.3. Subcontractors not approved 7.3.1. Acceptance of a Tender by the Territory does not constitute an approval of a proposed

subcontractor or subcontracted work.

7.4. Panel of Consultants or Contractors

Not Used

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http://www.cmd.act.gov.au/policystrategic/sustainability

http://www.environment.act.gov.au/




Schedule 2. Standard Conditions of Tender

1.1. Defined Terms and Interpretations 1.1.1. The RFT and these Standard Conditions will use some terms that will have a particular

meaning. Unless otherwise stated in an RFT or within the Tenders ACT Terms of Use (including in any special conditions of Tender set out in the RFT), the following meanings apply to terms.

Assessment Criteria: the criteria by which a Tender will be evaluated, set out in the RFT.

Contact Officer: the Territory officer whose name and contact details appear on the cover sheet of an RFT.

Contract: the form of Contract proposed to engage the preferred Tenderer as set out in the RFT.

Declaration: the prescribed form of declaration set out in the RFT.

Ethical Suppliers Declaration: the prescribed form of declaration set out in an RFT.

RFT (Request for Tender (RFT)): or REOI (request for expression of interest), RFP (request for proposal), RROI (request for registration of interest) or RFQ (request for quotation) a request document, describing the Services, Statement of Requirements, Assessment Criteria and other Conditions of Tender or quote.

Services: the Services sought to be provided in an RFT.

Standard Conditions: these standard conditions that apply to all RFTs that reference them.

SOR (Statement of Requirements): details the Services being sought by the Territory as set out in an RFT.

Tender: a Tender lodged by a Tenderer in response to an RFT.

Tenderer: the legal entity (eg a company or an individual) that submits a Tender.

Terms of Use: the terms of use of Tenders ACT available at https://tenders.act.gov.au.

Territory: (a) when used in geographical sense, the Australian CapitalTerritory, and

(b) when used in any other sense, the body politicestablished by Section 7 of the Australian CapitalTerritory (Self Government) Act 1988 (Cth).

Territory-Funded Work: has the meaning given by the Government Procurement Act 2001.

1.1.2. Where these Standard Conditions are stated to apply to an REOI, RFP, RFQ, RROI or other request document, each instance in these Standard Conditions of the word:

RFT should be read as REOI, RFP, RFQ, RROI etc as applicable

Tender should be read as “Response”;

22




Tenderer should be read as “Respondent”; and

Tenderer Declaration should be read as “Respondent Declaration”,

for the purpose of that request document.

1.2. Standard Conditions of Tender 1.2.1. These Standard Conditions of Tender must be read in conjunction with the RFT and the

Terms of Use available on Tenders ACT. They apply subject to any special conditions of Tender set out in the RFT.

1.2.2. Tenders must be lodged electronically in accordance with the RFT through Tenders ACT.

1.2.3. In submitting a Tender, the Tenderer acknowledges that it:

(a) has examined the RFT, and any other information, including all Addenda issued;

(b) has examined all information relevant to the risks, contingencies, and othercircumstances having an effect on the Tender;

(c) has made and relied upon its own enquiries as it considers appropriate to addressthe Assessment Criteria; and

(d) is satisfied as to the correctness and sufficiency of the Tender, including the priceor rates specified.

1.2.4. Neither the RFT nor the Tender gives rise to any Contractual obligations between the Territory and the Tenderer.

1.3. Interpretation 1.3.1. In addition to any definitions in the Standard Conditions of Tender, the following

definitions apply in this RFT, unless the context otherwise requires:

Response Schedules and Attachments to this RFT form part of the RFT.

1.3.2. In addition to any definitions set out in the Standard Conditions some terms are defined in this RFT by including the defined term in brackets and bolded following the definition.

1.4. Disclaimer and No Contract 1.4.1. The RFT may contain information that may be described as data, documents, and images,

prepared by Territory agencies. While that information has been formulated with care, the Territory does not warrant or represent that it is free from misdescription, error or omission.

1.4.2. The Territory is in no way liable for the inaccuracy of any information printed or stored by a Tenderer (or other user) after downloading an electronic copy from Tenders ACT. A Tenderer (or other user) who utilises an automatic language translation service in connection with the RFT does so at its own risk.

1.4.3. If sufficient information is not available, or a prospective Tenderer requires clarification of any information in relation to the RFT, the prospective Tenderer is invited to write to the Tenders ACT Team at [email protected] .

23




1.4.4. The Territory will not be liable to the Tenderer on the basis of any promissory estoppel, contractual, quasi contractual or restitutionary grounds whatsoever arising as a consequence of any matter relating or incidental to a Tenderer’s participation in this RFT process including instances where:

(a) the Tenderer is not invited to participate in any subsequent process followingcompletion of this RFT process;

(b) the Territory varies or terminates the RFT process; or

(c) the Territory decides not to Contract for all or any of the requirements.

1.5. Complaints 1.5.1. A Tenderer who wishes to make a complaint about a procurement activity must follow

the process outlined in the ACT Government Supplier Complaints Management Procedure. This procedure can be accessed from the ACT Procurement website at www.procurement.gov.au .

1.6. Validity Period 1.6.1. Tenders must remain open for at least 90 days from the Closing Time and Date of Tenders

to enable the evaluation of Tenders by the Territory.

1.7. Costs of Tendering 1.7.1. The Territory will make no payment to a Tenderer:

(a) for any costs, losses or expenses incurred by a Tenderer in preparing its Tender orany alternative Tender; or

(b) in respect of any discussions, negotiations, enquires or requests for details orinformation made by or on behalf of the Territory after the submission of Tenders;or

(c) for any work undertaken by any Tenderer after its Tender is submitted includingwork requested by the Territory in accordance with any provision of the RFT.

1.8. Ownership of Tender 1.8.1. All Tenders submitted in accordance with the RFT become the property of the Territory,

which may use each Tender for Tender assessment purposes.

1.8.2. A Tenderer:

(a) retains intellectual property rights in their Tenders, subject to any other person'srights;

(b) authorises the Territory to communicate, reproduce, use or supply the content oftheir Tenders for any purpose in respect of the assessment of their Tenders; and

(c) must specify in their Tenders if any intellectual property or moral rights vest in anentity or a person other than the Tenderer, naming the entity or person, andindicating to what extent the authorisation in paragraph (b) may be limited.

24

http://www.procurement.gov.au/



1.9. Conflicts of Interest and Collusion 1.9.1. A Tenderer must not place itself, and must ensure that its officers, employees, agents,

subcontractors, consultants and advisers do not place themselves in a position that may or does give rise to an actual, potential or perceived conflict of interest between the interests of the Territory and the Tenderer during the Tender process.

1.9.2. Where an actual, potential or perceived conflict of interest referred to in clause 8.9.1 arises the Tenderer must disclose the conflict of interest to the Territory in its Tender. If the conflict of interest or a risk of a conflict of interest arises after lodging of the Tender and before the completion of the procurement process, the Tenderer must immediately disclose that conflict of interest to the Territory Contact Officer. The Tenderer must comply with any directions of the Territory to resolve or otherwise deal with the conflict.

1.9.3. In submitting a Tender, the Tenderer warrants that:

(a) the Tenderer has no knowledge of the Tender price, including rates, of any otherTenderer for the Services;

(b) except as disclosed in its Tender, the Tender has not been prepared with anyconsultation, communication, Contract, arrangement or understanding with anycompetitor; and

(c) the Tenderer has not otherwise engaged in any collusion, anti-competitive conductor any other similar conduct in relation to the preparation of their Tender.

1.9.4. At the sole discretion of the Territory, contravention of this provision may result in the Tenderer’s Tender being deemed to be non-conforming.

1.10. Security of Documents Not Used

1.11. Confidential Text and Disclosure 1.11.1. Tenderers must specify in writing any information they believe is confidential in relation

to their Tender or which they may wish to be treated as confidential in any Contract. Tenderers should seek their own legal advice as to the implication for them of the notifiable Contracts provisions of the Government Procurement Act 2001.

1.11.2. Tenderers should be aware that the Territory may be required to disclose information, either under the Freedom of Information Act 1989 or by the responsible Minister in the Legislative Assembly.

1.12. Proprietary Names 1.12.1. When proprietary names, brands, catalogues or reference numbers are specified in the

RFT, they are intended to set a minimum standard, and preference for any particular material or equipment is not intended. The Tenderer may offer material or equipment of similar characteristics, type, quality, appearance, finish, method of construction and performance.

25



1.13. Price Basis, English Language and Metric Units 1.13.1. Prices must be in Australian dollars and include GST.

1.13.2. Tenders and all communications with the Territory must be in the English language.

1.13.3. All dimensions and units on plans and drawings and all references to measurements must be in metric units.

1.14. No Guarantee of Business 1.14.1. The Territory does not guarantee, warrant or otherwise represent that any business or

any minimum volume of Services or value of business will be contracted, earned or received by the preferred Tenderer.

1.15. Exchange of Information Between Government Agencies 1.15.1. By tendering in response to this RFT, the Tenderer authorises the Territory to obtain from

any ACT Government department or agency, or any other government department or agency, information including, but not limited to, information about the Tenderer’s performance during any previous or current Contracts for Services similar to those sought in the RFT.

1.15.2. The provision of information by the Territory to any ACT or other Government department or agency is acknowledged by the Tenderer to be a communication in circumstances of qualified privilege and the Tenderer shall have no claim against the Territory, in defamation or otherwise, in respect of any matter arising out of the provision or receipt of such information, including any claim for loss to the Tenderer arising out of the communication.

1.16. Tenderer Declaration 1.16.1. Tenderers must complete and submit with their Tenders the Tenderer Declaration in the

form provided at Schedule 10 to Attachment C to this RFT.

1.16.2. The Tenderer must be a legal entity provide, if the Tenderer is:

(a) a company, the registered name of the corporation, address of its registered office,address of its principal place of business and its ACN;

(b) a person, the name in full and address of the person and his or her ABN;

(c) a partnership, the name in full and the address of each member of the partnership,the trading name of the partnership and its ABN.

1.16.3. The “ACN” or “ABN” must accurately correlate with the legal entity as it is registered with the Australian Securities and Investments Commission and as registered on Tenders ACT.

1.16.4. Failure to submit the completed Tenderer Declaration or to supply required information (unless information is specified by a Tenderer to be “Not Applicable”) may render a Tender non conforming.

1.17. Additional Conditions of Tender

26



Not Used

27



Procurement ACT

Address: GPO Box 158 Canberra ACT 2601

Phone: +61 2 6205 9797


28


Procurement ACT

ACTGOVGS001102.110 - RFT Attachment A – Statement of Requirements Tenants Advice Service

29

GS001102.110 – Tenants Advice Service on behalf of Justice and Community Safety Directorate Attachment A – Statement of Requirements

Procurement ACT Page 2 of 13

Contents

1. Statement of Requirements .................................................................................. 3

1.1. Scope ............................................................................................................................. 3

1.2. Background .................................................................................................................... 3

1.3. Requirements ................................................................................................................ 4

1.4. Sites, Service Categories and Coverage ......................................................................... 5

1.5. Risk Management and Business Continuity .................................................................. 5

1.6. Timeframe / Milestones ................................................................................................ 5

1.7. Deliverables ................................................................................................................... 5

1.8. Administrative Requirements ........................................................................................ 6

1.9. Work Health and Safety Requirements ......................................................................... 6

1.10. Transition In Requirements ........................................................................................... 6

1.11. Key Performance Indicators .......................................................................................... 7

1.12. Performance Management and Reporting .................................................................... 8

30



1. Statement of Requirements1.1. Scope 1.1.1. The ACT Government (Territory) through this Request for Tender is seeking responses

from suitably qualified and experienced service providers for the provision of a Tenants’ Advisory Service, being residential tenancies advisory and advocacy services to tenants and occupants in the ACT.

1.2. Background 1.2.1. The Tenant’s Advice Service (TAS) provides residential tenancies advisory and advocacy

services to tenants and occupants in the ACT. The TAS has a significant role to play in supporting Canberrans to understand their rights under the Residential Tenancies Act 1997 (ACT).

1.2.2. The service will be delivered with reference to definitions set out in the National Partnership Agreement on Legal Assistance Services 2015-20 (NPA). For more detail on the NPA please see Appendix 1.

1.2.3. The Contractor of this service is required to:

(a) operate a weekday Advice and Information Service (TAL) which supports users tounderstand their rights and obligations under the Residential Tenancies Act 1997,understand the specific legal problems they are facing and steps they can take toresolve it, and where appropriate, assist in the resolution of the specific legalproblem (refer to all Clauses in 1.3 ‘Requirements’ of this Statement ofRequirements for details);

(b) provide advocacy casework and legal representation services to clients with thegreatest legal need (refer to Appendix B for details about priority clients);

(c) conduct community legal education activities to build awareness about the rightsand obligations of tenants and occupants under the law (refer to Section 1.3.5 fordetail);

(d) collaborate with the ACT’s community legal centres, governments, the private legalprofession and other services to provide joined up services to address people’s legal needs and related problems;

(e) participate in service planning meetings, as directed;

(f) where resourcing permits, conduct research and policy work on residential tenancyand occupancy law issues to contribute to law reform; and

(g) provide for a clear and accessible complaints process.

1.2.4. The Contractor is required to deliver this service in such a way as to provide reasonable accommodation for the diverse needs of people in the Territory, and in a manner which promotes fairness and opportunity for clients of diverse backgrounds so that they can participate fully in the economic, social and cultural life of the Territory. This involves consistently providing access to translating and interpreting services for all potential or actual clients requiring assistance from the TAS. The final nature of the service delivery

31



model, will be settled in consultation with the successful provider and relevant stakeholders.

1.2.5. In providing the TAS, the Contractor must assist clients/callers to identify their legal problems and facilitate the timely resolution of problems before they escalate into more significant matters. The provider empowers people by helping them to understand and assert their legal rights and responsibilities, and to address, or prevent legal problems.

1.3. Requirements 1.3.1. The Contractor must deliver legal assistance services including, but not limited to:

(a) legal advice;

(b) legal tasks;

(c) representation services;

(d) information; and

(e) referrals.

to the Canberra community. Services provided must be delivered in such a way that is appropriate, proportionate and tailored to the legal needs and the capability levels of their clients.

1.3.2. In delivering the TAS, the Contractor must:

(a) operate a weekday advice and information service (TAL) which supports users to understand their rights and obligations under the Residential Tenancies Act 1997, understand the specific legal problems they are facing and steps they can take to resolve it, and where appropriate, assist in the resolution of the specific legal problem.

(b) provide advocacy casework and legal representation services to clients with the greatest legal need.

(c) conduct community legal education activities to build awareness about the rights and obligations of tenants and occupants under the law;

(d) collaborate with the ACT’s community legal centres, governments, the private legal profession and other services to provide joined up services to address people’s legal needs and related problems;

(e) where resourcing permits, conduct research and policy work on residential tenancy and occupancy law issues to contribute to law reform;

(f) participate in service planning meetings, when scheduled, as directed; and

(g) provide for a clear and accessible complaints process.

1.3.3. In providing the TAL, the Contractor must:

(a) ensure that the TAL is resourced and accessible for a minimum of 5 hours per day, during business hours, on a minimum of 80 per cent of Canberra business days throughout the duration of the contract;

32



(b) ensure that the TAL is resourced and accessible during the hours of 5pm – 8pm, 1day per week throughout the duration of the contract;

(c) must maintain a public advertising presence advising the TAL’s opening hours,including closure dates, raising awareness of the service and supporting maximumengagement with the service;

1.3.4. As an alternative to the requirements for the delivery of the TAL set out in clause 1.3.3, the contractor may propose an innovative, alternative service delivery model which maximises community access to the services provided by the TAL.

1.3.5. In providing advocacy and representation services, the Contractor must:

(a) prioritise the provision of services to clients with the greatest legal need; and

(b) consistently provide access to translating and interpreting services for all currentand prospective clients.

1.3.6. In conducting community legal education activities, the Contractor must deliver, or co-deliver in partnership with other agencies within the ACT’s community legal assistance sector, a minimum of twelve (12) activities per annum. The Contractor will report to the Territory on the number of community legal education activities undertaken, and community legal education resources developed, in a given reporting period.

1.3.7. The Contractor must have appropriate ICT (including telephone) infrastructure to provide the TAS. This infrastructure must be able to generate data to meet the reporting requirements set out in the contract (refer Clause 1.12 of this Statement of Requirements).

1.4. Sites, Service Categories and Coverage 1.4.1. In providing this service, the Contractor must make reasonable accommodations to

ensure that all locations on the site which may be accessed by members of the public are accessible for persons with disability, including access to car parking.

1.4.2. The Contractor must operate an office within the Australian Capital Territory.

1.5. Risk Management and Business Continuity 1.5.1. The Contractor must utilise telephone numbers as directed by Justice and Community

Safety Directorate (JACS), for the provision of the TAL.

1.5.2. The Contractor must provide and maintain all ICT infrastructure that is necessary to deliver this service.

1.6. Timeframe / Milestones 1.6.1. The timeframes of any further reviews beyond February 2021, will be determined by JACS

and advised to the Contractor by May 2021.

1.7. Deliverables 1.7.1. The key deliverables for this service are:

33



(a) Delivery of the TAS, including the delivery of the TAL.

(b) Reporting;

(c) Quarterly reviews; and

(d) Expenditure and activity report each quarter.

1.7.2. Within 30 days of the end of the three (3) monthly reporting period, the Contractor will provide to JACS reports on the key performance indicators (Clause 1.12.1).

1.7.3. The Contractor must provide a copy of their annual report to JACS within 30 days of the latest date that you are legally required to lodge the report with the relevant regulatory authority. Audited financial reports must, also, have been provided by this time.

1.7.4. An initial review of the service will be conducted in August 2020 as a part of the first quarterly reporting meetings between JACS and the Contractor. The following meeting for this service will be in November 2020. The purpose of these meetings will be to assess the service delivery to date, and consider whether improvements, that enhance the service can be implemented, and is so, develop a variation for inclusion in the contract.

1.8. Administrative Requirements 1.8.1. The Contractor will be required to engage in quarterly meetings with JACS. These

meetings will be an opportunity for both parties to provide feedback on the operation of, and reporting about, the TAS and to consider strategies that address any barriers to the implementation of the service. It is envisioned that these meetings will inform the 6-month and 12-month review of the TAS, as set out in the contract.

1.8.2. For each employee, volunteer or contractor (including employees of contractors) engaged in providing services associated with the TAS, the service provider must obtain:

(a) where applicable, a practicing certificate granted by the ACT Law Society or otherstate/territory equivalent; and

(b) an unconditional Working with Vulnerable People Registration.

1.8.3. All persons who engage in the provision of legal assistance services through the TAS must hold or have undertaken significant progress towards the completion of a Bachelor of Laws degree (or equivalent of) from an Australian University.

1.9. Work Health and Safety Requirements 1.9.1. The Contractor must meet all the requirements of the Work Health and Safety Act 2011.

1.10. Transition In Requirements 1.10.1. The Contractor must provide a transition in plan with their tender submission.

1.10.2. The Transition In Plan must:

(a) Include allowance of three (3) months for transition in purposes;

(b) identify and detail how each step will be implemented;

(c) include who will be responsible for each task;

34



(d) include a fortnightly report provided to the Territory Contract Manager (to be agreed by the Contractor and JACS) during the transition in, to inform of:

i. progress to date;

ii. achievements against timelines;

iii. delays in progress; and

iv. blockages (internal and/or external) that are causing delays; and

(e) identify what steps will be undertaken by the Contractor, as well as the Contractor’s capacity, to provide employment to persons who are currently employed to provide the TAS.

1.11. Key Performance Indicators 1.11.1. The key performance indicators for service provision are detailed in Table 1 below and

include:

(a) the TAL service is operational on 80 per cent of working days, unless a flexible service delivery model is applied per clause 1.3.4.

(b) client engagement with the service, as evidenced by a summary of survey results provided to the Directorate for each reporting period.

(c) evidence of strategic business development activities undertaken during a reporting period, including:

i. new service initiatives;

ii. collaboration with other service providers; and

iii. activities undertaken during the reporting period to increase accessibility of and engagement with the service to vulnerable community groups, such as persons who identify as Aboriginal and Torres Strait Islander people, persons from culturally and linguistically diverse backgrounds, young people and persons with disability.

(d) client engagement with community legal education activities provided, as evidenced through a sample of attendee surveys conducted during the reporting period which represent the full range of responses received; and

(e) evidence of flexible service delivery activities which have been undertaken during a reporting period (e.g. outreach clinics etc).

KPI Minimum Standard

Target Frequency Formula Source Data

1. TAL is operational for a minimum of five (5) hours per day, within business hours and one day per week from 5-

95% compliance

100% compliance

Quarterly Total number of business days TAL

receives calls

ICT System Data

35



8pm.

2. Translating and interpreting services are made available for non-English speaking clients/callers

100% 100% Quarterly Not Applicable ICT System Data

3. Strategic business development activities undertaken during the last three (3) months (e.g. new service initiatives, collaboration with other service providers, improvements to services implemented etc.).

90% compliance

100% compliance

Quarterly Number of activities

completed during the last three (3)

months

Report

4. Quarterly reports are provided within 30 business days of the end of each quarter and include the required data as per Clauses 1.13.2 and 1.13.3 of this Statement of Requirements.

100% compliance

100% compliance

Quarterly Not applicable Reports

1.11.2. Should an alternate service delivery model be proposed for the TAL service, per clause 1.3.4, the Contractor must propose key performance indicators which demonstrate how the proposed service delivery model will maximise access to the service.

1.12. Performance Management and Reporting 1.12.1. The three (3) monthly reports must also include:

(a) the number of clients assisted, disaggregated by client demographic;

(b) the number of legal assistance services provided, particularly the number of:

i. legal advices;

ii. legal tasks;

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iii. representation services (disaggregated into dispute resolution services,court and tribunal representation services and other representation services, discrete non legal support services, ongoing non legal support services, dutylawyer services delivered, disaggregated by service method and subjectmatter);

iv. The number of ongoing, open and closed cases during the reporting period;

v. The number of incoming and outgoing referrals, disaggregated by referralagencies;

vi. The number of community legal education tasks undertaken, categorised byresources and activities and disaggregated by subject matter; and

vii. the outcome of two closed cases, preferably in relation to a priority client,represented by at least two de-identified case studies, each about one ormore of the following which includes an estimate of time spent by theorganisation to support the client to respond to their legal needs:

1) preventing the deterioration of personal circumstances or preventingproblems escalating including evidence of supporting earlyintervention;

2) legally complex cases, test cases or cases involving systemic issues;

3) cases requiring wraparound assistance;

4) cases involving domestic and/or family violence;

5) collaboration across the legal assistance, health and/or communitysectors to achieve positive outcomes for service users;

6) complex personal circumstances; and

7) a client unable to be assisted (other than through referral orinformation) due to, for example, means test application, lowresourcing, complexity, law type, conflict of interest, non-legal issue;

1.12.2. For each reporting period, the TAL report must detail the following (disaggregated by calendar month) unless a flexible service delivery model is applied per clause 1.3.4:

(a) the number of total calls received;

(b) the number of calls answered;

(c) the number of calls unanswered where a call-back was required;

(d) the number of calls where translating and interpreting services were utilised;

(e) the number of calls which were returned more than five working days after theoriginal call was made; and

(f) the number of calls where no legal advice or representation was provided (such aswhere the caller called in error, misunderstood the nature of the service).

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1.12.3. In assessing reports, the Territory will consider the Contractor’s previous performance and the performance of comparable community legal centres operating in Australia, including within the ACT, and providing services which are similar to the services provided by the Contractor.

1.12.4. In making an assessment of reports the Territory acknowledges that environmental and organisational factors may impact on service delivery and usage, and performance indicators showing lower results do not necessarily indicate a failure to comply with the performance indicators.

1.12.5. The Territory will explore any concerns about reporting through the quarterly meetings with the service provider.

1.12.6. All reports will be assessed by JACS with reference to how they demonstrate the that:

(a) the implementation of appropriate strategies to ensure that the TAS is accessible to all tenants and occupants who are signatories to a rental agreement to which the Residential Tenancies Act 1997 (ACT) applies;

(b) the Contractor delivers efficient and effective legal assistance services which are appropriate, proportionate and tailored to people’s legal needs and levels of capability;

(c) the Contractor assists people to identify their legal problems and facilitate the resolution of legal problems in a timely manner before they escalate, including by helping people to understand and assert their legal rights and responsibilities;

(d) representation services and legal tasks are targeted to clients with the greatest legal need;

(e) the service is delivered in a manner which provides reasonable accommodation for the diversity of needs of people in the Territory, and in a manner which promotes fairness and opportunity for clients of diverse backgrounds and abilities so that they can participate fully in the economic, cultural and social life of the Territory. This includes through the consistent use of translating and interpreting services for all potential or actual clients requiring those services;

(f) the Contractor collaborates with the community legal assistance sector, governments, the private legal profession and other services to provide joined up services to address people’s legal and related problems; and

(g) the Contractor uses its best endeavours to implement quality improvement processes and measures, including any recommendations received from the Territory from time to time.

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APPENDIX 1

The National Partnership Agreement on Legal Assistance Services 2015-20 (NPA) provides Australian Government funding to states and territories to distribute to legal aid commissions and community legal centres. Contractors may wish to consider the criteria listed under the NPA in determining how their advocacy and representation services may be provided to persons with the greatest legal need, per clause 1.3.2(b).

Priority clients under the NPA are:

(a) people experiencing financial disadvantage;

(b) children and young people (under 25);

(c) indigenous Australians;

(d) older persons (over 65);

(e) people experiencing or at risk of family violence;

(f) people residing in rural or remote areas;

(g) people who are culturally and linguistically divers; and

(h) people with disabilities or mental illness.

Financial Disadvantage is defined in the NPA as:

“a person who does not have the means to pay for their legal representation without incurring serious financial difficulty, including a person who:

(a) is in receipt of Centrelink benefits as their main source of income; or

(b) satisfies a means test applied by a legal aid commission; or

(c) is exempt from the legal aid means test, such as a person seeking merits review of decisionsabout eligibility for Commonwealth military entitlements or military compensation paymentsand children; or

(d) has an income equal to or below the Henderson Poverty Line; or

(e) cannot access finances temporarily due to circumstances outside of their control. (For example;a person experiencing, or at risk of, family violence who cannot access finances without risk totheir personal safety or the safety of others”.

39



40



Procurement ACT


Phone: +61 2 6205 9797


41


Procurement ACT

GS001102.110 - RFT Attachment B – Draft Contract Tenant

42

GS001102.110 - RFT Attachment B – Draft Contract Review


Contents

SCHEDULE 1. DRAFT CONTRACT REVIEW .................................................................................... 3

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Schedule 1. Draft Contract Review

The Tenderer is invited to set out below any contractual issues that it intends to raise during negotiations if selected as the preferred Tenderer.

Responses to this section will not be assessed as part of the tender evaluation.

Selection of a Tenderer as the preferred Tenderer is not on the basis that the Territory agrees with any changes to the terms of Agreement.

CLAUSE/SECTION ALTERNATIVE PROPOSED

EFFECT ON PRICING IF AGREED

EFFECT ON SERVICES IF AGREED

44



Procurement ACT


Phone: +61 2 6205 9797


45


Procurement ACT

GS001102.110 - RFT Attachment C – Response Schedules Tenants Advice Service

46

GS001102.110 - RFT Attachment C - Response Schedules


Contents

1. RESPONSE CHECKLIST ........................................................................................... 3

2. RESPONSE SCHEDULES - INSTRUCTIONS ................................................................ 4

SCHEDULE 1. TENDERER’S DETAILS AND DECLARATION .............................................................. 5

SCHEDULE 2. EXECUTIVE SUMMARY .........................................................................................13

SCHEDULE 3. RESPONSE TO EVALUATION CRITERIA ...................................................................14

SCHEDULE 4. DRAFT CONTRACT REVIEW ...................................................................................21

SCHEDULE 5. CONFIDENTIAL TEXT ............................................................................................22

SCHEDULE 6. REFEREES ............................................................................................................24

SCHEDULE 7. CORPORATE VIABILITY .........................................................................................26

SCHEDULE 8. ACKNOWLEDGEMENTS .......................................................................................28

SCHEDULE 9. RESPONSE DOCUMENTS ......................................................................................29

SCHEDULE 10. ETHICAL SUPPLIER’S DECLARATION ......................................................................30

SCHEDULE 11. CONFIDENTIALITY DEED ...................................... ERROR! BOOKMARK NOT DEFINED.

SCHEDULE 12. CONTENT CONTROLS .......................................... ERROR! BOOKMARK NOT DEFINED.

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1. Response Checklist1.1. Checklist 1.1.1. The following checklist is provided to assist preparing and submitting the Response

Schedules. The checklist is a guide only. Tenderers should satisfy themselves that they have met all requirements of this Request for Tender (RFT), and should not rely solely on this checklist for this purpose.

1.1.2. Please return this checklist as the coversheet of your Tender response.

RESPONSE CHECKLIST

The Tenderer confirms that it has: Yes / No

Read the RFT including Attachments and Schedules. Choose an item

Confirmed that it’s Tender satisfies the Standard Conditions of Tender and the Threshold Assessment requirements (if any).

Choose an item

Noted the Closing Time and Date and understood that no Late Tenders will be accepted, other than in accordance with clause 5.8 of the RFT Head Document.

Choose an item

Noted that lodgement is electronically only via Tenders ACT. Choose an item

Checked that all Addenda have been received. Choose an item

Schedule 1 - Tenderer’s Details and Declaration (made by an individual with the authority to bind the Tenderer) completed?

Choose an item

Schedule 2 - Executive Summary completed? Choose an item

Schedule 3 - Response to Evaluation Criteria completed? Choose an item

Schedule 4 – Draft Contract Review completed? Choose an item

Schedule 5 - Confidential Text completed? Choose an item

Schedule 6 - Referees completed? Choose an item

Schedule 7 - Corporate Viability completed? Choose an item

Schedule 8 - Acknowledgements completed? Choose an item

Schedule 9 - Response Documents completed? Choose an item

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RESPONSE CHECKLIST

Schedule 10 - Ethical Supplier’s Declaration (made by an individual with the authority to bind the Tenderer) completed?

Choose an item

Schedule 11 - Confidentiality Deed (made by an individual with the authority to bind the Tenderer) completed?

Choose an item

Attachment D – LIPP (and Secure Local Jobs) template completed and submitted as a separate/individual electronic document?

Choose an item

Attachment E - Pricing Schedule has been completed in accordance with the instructions, including ensuring that all prices are stated in Australian dollars inclusive of GST, and submitted as a separate/individual electronic document?

Choose an item

2. Response Schedules - Instructions2.1. Response Schedules 2.1.1. The structure of the Response Schedules is as follows:

Schedule 1 - Tenderer’s Details and Declaration

Schedule 2 - Executive Summary

Schedule 3 - Response to Evaluation Criteria

Schedule 4 – Draft Contract Review

Schedule 5 – Confidential Text

Schedule 6 - Referees

Schedule 7 - Corporate Viability

Schedule 8 - Acknowledgements

Schedule 9 - Response Documents

Schedule 10 - Ethical Supplier’s Declaration

Schedule 11 - Confidentiality Deed

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Schedule 1. Tenderer’s Details and Declaration

1. Tenderer’s Entity Details1.2. Entity Details 1.2.1. The tendering entity details are to be provided in Table 1.

TABLE 1 - TENDERER DETAILS

Entity Name Click Click here to enter text

Trading Name (if different) Click here to enter text

Legal Entity Click here to enter text

ACN Click here to enter text

ABN Click here to enter text

Website Click here to enter text

Registered Address Click here to enter text

(Head Office) Click here to enter text

Postal Address Click here to enter text

(Head Office) Click here to enter text

Principal place of business Click here to enter text

Substantial Shareholders (>20% of issued capital)

Click here to enter text

Details of any judgements, litigation, arbitration, mediation, conciliation or proceedings whatsoever, including and investigations that are taking place, pending or threatened against the Tenderer and proposed sub-contractors.


1.2.2. The Territory Contracts only with acceptable legal entities having appropriate financial assets. Tenderers are required to provide evidence of their legal entity either by providing a copy of an official document such as company registration and names of office bearers

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issued by the Australian Securities and Investments Commission or a statement confirming the legal entity signed by a practising solicitor.

1.3. Entity Profile 1.3.1. Provide details of your organisation in terms of locations and staff in Table 2.

TABLE 2 - ORGANISATION DETAILS

Head office, branch offices, and other locations.


Number of full-time employees, and general description of role – management, administration, sales, trainers/presenters, and support.


Number of part time or contracted personnel or associates, and general description of role.


1.4. Company Details 1.4.1. Where the tendering entity response in Table 1 is a Company, the information in Table 3

is required to be provided.

TABLE 3 - COMPANY DETAILS

Date of Registration Click here to enter text

Is your company involved in any trust relationships?


If Yes, give full details at clause 1.6. Click here to enter text

If a subsidiary company - State names of divisions, and/or parent company.


Is your company involved in any trust relationships?


If Yes, give full details at clause 1.6. Click here to enter text

If a subsidiary company - State names of divisions, and/or parent company


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TABLE 3 - COMPANY DETAILS

If a holding company - State names of divisions, and/or subsidiaries.


State Trading Name/s Click here to enter text

1.5. Company Directors and Officers 1.5.1. Where the tendering entity response in Table 1 is a Company, the information required

in Table 4 and Table 5 is to be provided.

TABLE 4 - CURRENT DIRECTORS AND OFFICERS DETAILS

Name Title Length of Services

Click here to enter text Click here to enter text Click here to enter text



TABLE 5 - FORMER DIRECTORS AND OFFICERS DETAILS

Name Title Rason for Leaving




1.6. Business Details 1.6.1. Where the tendering entity response in Table 1 is a Sole Trader or Partnership, the

information in Table 6 is required to be provided.

TABLE 6 - BUSINESS DETAILS

State names, addresses and dates of birth of all members of business (attach list if necessary).


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TABLE 6 - BUSINESS DETAILS

Are there any judgement debts or court orders against any members of the business? If Yes, provide details.


1.7. Trust Details 1.7.1. Where the tendering entity response in Table 1 is a Trust, the information in Table 7 is

required to be provided.

TABLE 7 - TRUST DETAILS

State the name of the Trust. Click here to enter text

State the name/s of the Trustee/s of the Trust. If the Trustee/s are people, also provide their addresses and dates of birth (attach list if necessary).


Are there any judgement debts or court orders against any Trustee of the business? If Yes, provide details.


2. Conflict of Interest2.1. Would a real or perceived conflict of interest exist, or a potential conflict arise, if your

organisation, or where applicable the subcontractor, entered into a Contract with the Territory? If so, include full details and the strategies to manage the conflict.


2.2. Provide details in of any interests, relationships or clients which may or do give rise to a conflict of interest and the area of expertise in which that conflict or potential conflict does or may arise and details of any strategy for preventing conflicts of interest.


2.3. Has this response been prepared with any assistance from a current or former employee of the Territory? If so provide full details. If none, write 'Nil".


2.4. Outline the processes you have in place to handle any future conflict of interest (actual or perceived).

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3. Contact Details3.1. Bid Manager, Contract Management and Account

Management 3.1.1. The Territory wishes to develop a long-term relationship with the service provider and

work closely together to achieve maximum service efficiencies and Value for Money. The Territory will require a nominated Bid Manager, Contract Manager and Account Manager noting that the Tenderer may nominate the same person for the roles of Contract Manager and Account Manager.

(a) The Bid Manager is the single point of contact through which further discussionor information about the Tender can be coordinated. The Bid Manager musthave authority on behalf of the Tenderer to supply any acknowledgementsrequired in the Tender and to bind the Tenderer, and if a prime contractor, tobind all of its subcontractors. The Bid Manager will be required during anyContract negotiations (if such negotiations are necessary) and must have theauthority to make decisions on behalf of the Tenderer.

(b) The Contract Manager will be accountable for the Contract terms andconditions, and performance management.

(c) The Account Manager will be accountable for managing the client relationship,including delivering added-value aspects, such as networking opportunities,information on global best practice, white papers, etc.

3.1.2. Details of the nominated Bid Manager, Contract Manager and Account Manager are to be provided in Table 8, Table 9, Table 10 and Table 11.

TABLE 8 - BID MANAGER

Name Click here to enter text

Title Click here to enter text

Phone Number Click here to enter text

Email Address Click here to enter text

Address for Notices Click here to enter text

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TABLE 9 - CONTRACT MANAGER





TABLE 10 - ACCOUNT MANAGER





TABLE 11 - BANK ACCOUNT DETAILS

Account Name Click here to enter text

BSB Click here to enter text

Account Number Click here to enter text

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4. Tenderer’s Declaration4.1. I, the undersigned, am authorised on behalf of the Tenderer to provide the information

and make the declarations set out in this Tenderer Declaration.

4.2. I / We Tender to the Territory for the GS001102.110 – RFT Tenants Advice Service on behalf of Justice and Community Safety Directorate at the GST inclusive prices specified in this Tender.

4.3. I / We have read and understood the Tenders ACT Terms of Use.

4.4. I / We have read and understood the Standard Conditions of Tender Services.

4.5. I / We have provided details of any information I / we wish to be treated as confidential in any resulting Contract, in accordance with clause 8.11 of the Standard Conditions of Tender Services.

4.6. I / We undertake to provide insurance policies if selected as the preferred Tenderer prior to entering into a Contract with the Territory.

4.7. I / We have sighted all addenda to this RFT.

4.8. I / We authorise the Territory to:

(a) obtain from any Territory, State or Commonwealth government agency(including any regulatory or law enforcement body, including withoutlimitation WorkSafe ACT) and take into account in the evaluation, informationincluding information about the Tenderer’s performance and/or complianceduring any previous or current Contracts for similar Services as those soughtin the RFT;

(b) obtain and take into account in its evaluation, information from referees onprior or current projects on which the Tenderer was involved (whether or notthe referee was nominated by the Tenderer in its Tender); and

(c) provide this Tenderer Declaration to any Commonwealth, State or Territorygovernment agency (including any regulatory or law enforcement body) asevidence of the Tenderer’s consent to allow that agency to release the relevant information, if consent is required.

4.9. I / We warrant that in preparing the Tender I / we did not communicate or have any arrangement or arrive at any understanding with any of the other Tenderers to assist me / us or another Tenderer prepare a Tender, including that we did not engage in any discussion or correspondence concerning the prices included in our Tender, or engage in any collusive tendering with any of the other Tenderers, or any other conduct which in any way reduced or could have the effect of reducing the competitiveness of the Tender process for the Services.

4.10. I / We warrant that as at the closing date of Tenders, the Tenderer, its officers, employees, agents, subcontractors, consultants and advisers do not have any actual, potential or perceived conflicts of interest between the interests of the Territory and the Tenderer other than as specifically disclosed in the Tender and I / we undertake to immediately notify the Territory’s Contact Officer of any actual, potential or perceived conflicts of interest that arise before the completion of this procurement process.

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Click here to enter text Click here to enter text

Full Name and / or Name of Company AND Trading Name (Business Name)


ACN (Australian Companies Number) OR ABN (Australian Business Number)


Business Address Postal Address

Click here to enter text Click here to enter text Click here to enter text Click here to enter text

State P/Code State P/Code

Click here to enter text Click here to enter text Click here to enter text Click here to enter text

Telephone No Mobile No Facsimile No Email address


Name of ACT Professional Standards Scheme Upper Limit of capped Professional Indemnity Liability Insurance


Tenderer’s Representative (include telephone number)


Position Held by Tenderer’s Representative Printed Name


Signature of Director if corporation else Tenderer Printed Name


Date


Signature of 2nd Director if corporation else Witness Printed Name

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Schedule 2. Executive Summary 1. Summary1.1. Provide a brief (no more than 1 x A4 page) Executive Summary of their organisation

(experience, range of services, clientele, years in business, successes) and highlighting any key aspects of their Tender response.


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Schedule 3. Response to Evaluation Criteria INSTRUCTIONS TO TENDERERS

IMPORTANT – The information that Tenderers provide in this Schedule will be considered in evaluating the extent to which this Response meets the Territory’s requirements. Tenderers should be concise as possible and should not provide general marketing material that does not relate to the specific RFT requirements.

Tenderers should note that in accordance with the RFT Head Document, failure to satisfy a Threshold Assessment requirement will result in a Tender being set aside and not considered further in the evaluation process.

1. Threshold Assessment Criteria1.1.1. Not Used

2. Weighted and Non-WeightedAssessment Criteria Compliance

2.1. If the tendered offer fully complies with all the assessment criteria, the Tenderer may simply indicate this in the table following, by selecting ‘Compliant’ from the drop-down box and entering accompanying statement provided.

Compliant The Tenderer must state here “This Tender fully complies with all of the specified Weighted and Non-Weighted Assessment Criteria.”

2.2. Alternatively, the Tenderer must select the relevant compliance statement from the drop-down box provided against each assessment criterion below, and enter an appropriate description as indicated.

Compliant The Tenderer must enter here a description of how the Criterion will be met, partially met, or not met, as relevant

2.3. Tenderers should note that responses of "Partially Compliant" or "Non-Compliant" will not automatically exclude a Tender from further consideration, although the degree of compliance may be a factor in the evaluation process.

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2.4. Tenderers should be aware that non-committal terms such as "Noted" or a failure to respond may be assessed as a "Non-Compliant" response.

Clause Type “Compliant” “Partially Compliant”

“Non-Compliant”

3. Weighted Assessment Criteria3.1. Using the tables below, Tenderers are requested to provide a response to all the Weighted

Assessment Criteria.

WEIGHTED CRITERION (WC) 1 WEIGHTING = 40%

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Understanding and appreciation of the RFT requirements and proposed Methodology to deliver the Services

a) The Tenderer is required to provide:

i. detailed information demonstrating a clear understanding of the procurementpurpose, objectives and risks involved in delivering this service;

ii. detailed information explaining how the TAL will be resourced, and availableto receive incoming calls for a minimum of 5 hours per day, during businesshours, on a minimum of 80 per cent of Canberra business days;

iii. detailed information explaining how the TAL will be resourced, and availableto receive incoming calls during the hours of 5pm to 8pm, 1 business day perweek;

iv. evidence of their ability to deliver the service requirements as specified inClause 1.3 of the Statement of Requirements;

v. evidence of their experience, and ability in delivering similar services;

vi. information that details the processes used to assist clients/callers to identifytheir legal problems, and the methodology used to empower clients/callers tounderstand, and asset, their legal rights; and

vii. specify the processes used when providing advocacy casework and legalrepresentation services to clients.

b) The Tenderer is required to demonstrate its experience in providing the servicesby evidencing:

i. your ability to provide and operate a Telephone Advice and InformationService (TAL);

ii. the proposed methodology to operate the TAL for a minimum of five (5)hours per business day;

iii. the proposed plan to increase the hours of operation of the TAL;

iv. your ability to provide legal advocacy services (e.g. representation) onmatters of residential tenancies and occupancy law, which is appropriate,proportionate and tailored to the client’s capability and legal needs; and

v. the ability to provide a translating and interpreting service for allclients/callers that require the service.

RESPONSE

Supplier to click here to insert response

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Capability and Capacity to Deliver the Services

Tenderers are required to provide details on their organisation’s capability to undertake the services, including:

i. details of qualifications, skillsets and experience of nominated personnelworking on this contract, including Certification of Working with VulnerablePeople;

ii. current organisation capacity. Tenderers are required to provide:

1. organisation structure; and

2. location of organisation.

iii. Maintaining a public advertising presence advising clients/callers of the TAL’sopening hours, including any closure dates, to raise awareness of the service;

iv. Example of the Transition In Plan including proposed timeframes for theachieving each phase of the transition in as outlined in Clause 1.10 of thestatement of Requirements. Timeframes must be scheduled to meet the April2020 commencement date; and

Identify who steps will be undertaken, as well as their capacity, to provide employment to persons who are currently employed to provide the TAS.

RESPONSE



Reporting

Tenderers are required to provide details of reporting capabilities including an example of a monthly report that meets the requirements outlined in Clauses 1.12.2 and 1.12.3 of the Statement of Requirements.

RESPONSE

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Work Health and Safety (WHS)

Tenderers are required to outline the procedures and processes used to ensure personnel receive training, and/or refresher courses relevant to WHS Act 2011.

RESPONSE



Regional Contribution

Local Industry Participation Policy

The Territory will assess the extend to which the Tenderer has demonstrated that it will ensure capable local businesses are given full, fair and reasonable opportunity to participate in the provision of the Services during the term of the proposed Contract.

Tenderers must prepare and submit an Economic Contribution Test (ECT)/Local Industry Participation Plan (Local IP Plan) by completing the relevant template available at:


RESPONSE


63




4. Non-Weighted Assessment Criteria4.1. Using the tables below, Tenderers are requested to provide a response to all the Non-

Weighted Assessment Criteria.

NON-WEIGHTED CRITERION (NWC) 1

Price

Tenderers are required to complete the Returnable Pricing Schedule. All pricing breakdown categories within the Schedule should be populated. Prices are to be in Australian Dollars and GST inclusive.

RESPONSE


NON-WEIGHTED CRITERION (NWC) 2

Referees

Tenderers are to provide contact details for three (3) referees, including name, address and telephone number. The referees need to be able to attest to the capacity/capability of the Tenderer against each of the Assessment Criteria.

RESPONSE


5. Alternative Tender Information5.1. Where a Tenderer also submits an Alternative Tender, it must include any supplementary

material, together with associated prices, which demonstrates in detail that such an alternative will fully achieve and/or exceed all the specified outputs or functional and performance requirements together with references as to why the additional features

64



may be advantageous. The details should be cross referenced to the appropriate paragraph in the Statement of Requirement at Attachment A of this RFT.

65



Schedule 4. Draft Contract Review 1. Contract1.1. The Tenderer is invited to set out below any contractual issues that it intends to raise

during negotiations if selected as the preferred Tenderer.

1.2. Responses to this section will not be assessed as part of the tender evaluation.

1.3. Selection of a Tenderer as the preferred Tenderer is not on the basis that the Territory agrees with any changes to the terms of Agreement.

CLAUSE/SECTION ALTERNATIVE PROPOSED

EFFECT ON PRICING IF AGREED

EFFECT ON SERVICES IF AGREED

RFT AND CONTRACT COMPLIANCE RESPONSE

Clause Number Compliance Statement

Explanation of Non/Partial Compliance and Proposed Amendment, including effect on Services or Pricing

Click here to enter text Choose an item Click here to enter text



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Schedule 5. Confidential Text 1. Confidential Text Review1.1. The Government Procurement Act 2001 (ACT) requires that the Territory publish on the

ACT Contracts Register, all Contracts for procurement with a value of $25,000 or more. However, Section 35 of the Act sets out certain grounds upon which the Territory may approve text of the Contract as confidential text to be redacted in the public text version of the Contract. Those grounds include, but are not limited to:

(a) where the disclosure of the relevant text would be an unreasonabledisclosure of personal information about a person [35(1)(a)(i)]; or

(b) where the disclosure of the relevant text would disclose a trade secret[35(1)(a)(ii)]; or

(c) where the disclosure of the relevant text would disclose information (otherthan a trade secret) having a commercial value that would be, or couldreasonably be expected to be, destroyed or diminished if the informationwere disclosed [35(1)(a)(iii)]; or

(d) where the disclosure of the relevant text would be an unreasonabledisclosure of information about the business affairs of a person [35(1)(a)(iv)];or

(e) where the disclosure of the relevant text would disclose information thatmay put public safety or the security of the Territory at risk [35(1)(a)(v)]; or

(f) where the disclosure of the relevant text would disclose informationprescribed by regulation for this section [35(1)(a)(vi)]; or

(g) a requirement imposed under law requires a party to the Contract to keepthe text confidential [35(1)(b)].

1.2. Pursuant to Section 35 of the Act Tenderers may specify in writing for consideration by the Territory, any information forming part of their Tender, which they propose be treated as confidential text if included in any Contract resulting from this RFT. Tenderers should seek their own legal advice as to the implication for them of the notifiable Contracts provisions of the Act.

1.3. Tenderers are to provide details of any aspects of their Tender or any aspects of the proposed Contract that they consider should be kept confidential, along with the relevant ground(s). If none, enter 'Not Applicable'.

CONFIDENTIAL TEXT

Tender Reference Description of Text Ground for Claim Reasoning


Choose an item Click here to enter text


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CONFIDENTIAL TEXT




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Schedule 6. Referees 1. Referees Details1.1. In the tables below, Tenderers must provide the details of three referees in respect to its

past experience in supplying the required Services (or similar Services).

REFEREE 1


Organisation Click here to enter text

Position Click here to enter text




Details of the Services provided to the Referee’s Organisation


Other Details (if any) Click here to enter text

REFEREE 2










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REFEREE 3










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Schedule 7. Corporate Viability 1. Financial and Insurance1.1. Financial 1.1.1. Provide a brief financial overview of your organisation for the last three complete financial

year periods.


1.1.2. Provide the last three (3) financial statements.


1.2. Insurance 1.2.1. Provide details of your Public Liability Insurance for an amount not less than

$10,000,000.00, which is the same amount specified in Attachment B, Draft Contract.

PUBLIC LIABILITY INSURANCE

Name of Insurer Click here to enter text

Expiry date Click here to enter text

Insured value (In aggregate and per event) Click here to enter text

Any limitations Click here to enter text

1.2.2. Provide a copy of your certificate of Public Liability Insurance.


1.2.3. Provide details of your Professional Indemnity Insurance for an amount not less than $5,000,000.00, which is the same amount specified in Attachment B, Draft Contract.

PROFESSIONAL INDEMNITY INSURANCE

Name of Insurer Click here to enter text

Expiry date Click here to enter text

Insured value (In aggregate and per event) Click here to enter text

Any limitations Click here to enter text

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1.2.4. Provide a copy of your certificate of Professional Indemnity Insurance.


1.3. Workers Compensation 1.3.1. Provide a copy of your certificate of currency for Workers Compensation for the Australian

Capital Territory, as required under the relevant statues or regulations.


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Schedule 8. Acknowledgements 1. RFT Documents Issued1.1. Tenderers are required to acknowledge the following documents were received and relied

upon in the development of their Tender response to the RFT.

RFT DOCUMENTS

RFT Document Received and Acknowledged

GS001102.110 – RFT Head Document Choose an item

GS001102.110 – Statement of Requirements Choose an item

GS001102.110 – RFT Attachment B – Draft Contract

Choose an item

GS001102.110 – RFT Attachment C – Response Schedules

Choose an item

GS001102.110 – RFT Attachment D – LIPP Choose an item

GS001102.110 – RFT Attachment D – Pricing Schedule.doc

Choose an item

1.2. If Addenda have been issued for this RFT, please outline below your acknowledgement that these have been received and reviewed.

ADDENDA DOCUMENTS

Addendum Number and Description Received and Acknowledged

Click here to enter text Choose an item





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Schedule 9. Response Documents 1. Documents1.1. Tenderers are to identify each document name and associated filename submitted to the

Territory as part of their Tender response to the RFT.

RESPONSE DOCUMENTS

Document Name Document File Name






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Schedule 10. Ethical Supplier’s Declaration 1. Statutory Declarations Act 1959 (Cth)I, I / We Name, address and occupation of the person making the declaration make the following declaration under the Statutory Declarations Act 1959 (Cth),

1.1. In this declaration a reference to:

(a) “Adverse Ruling” means a ruling, order, notice (including without limitationany improvement notice or prohibition notice), conviction or finding madeor issued by any Authorised Entity.

(b) “Authorised Entity” means any court, tribunal, board, commission,regulatory agency (including without limitation the director-general,commissioner, regulator or any inspector referred to in the PrescribedLegislation) or other entity with jurisdiction to determine employee andindustrial relations matters or work health and safety matters to the effectthat the Tenderer has contravened the Prescribed Legislation.

(c) “Employee” means a natural person who is employed under a Contract ofservice (excluding professional or information technology services) toprovide the Tenderer with his or her labour.

(d) “Full Details” means the details of:

i. the nature of the Adverse Ruling, breach or offence;

ii. the name of the relevant Authorised Entity;

iii. the State or Territory in which the proceeding or prosecutionwas brought;

iv. the date of the Adverse Ruling was made, or the proceeding orprosecution was commenced and the number or descriptionassigned to the proceeding or prosecution;

v. the entity against which the Adverse Ruling, breach or offencewas made or issued;

vi. any document setting out the Adverse Ruling, breach or offence(including provision of a copy of the same);

vii. any conviction recorded or adverse finding made in respect ofthe Adverse Ruling, breach or offence;

viii. any penalty, fine or order imposed by an Authorised Entity inrespect of the Adverse Ruling, breach or offence and themaximum penalty, fine or order that could have been imposedunder the Prescribed Legislation;

ix. any remedial measures or other actions proposed orrecommended by the Authorised Entity and details of steps

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taken by the Tenderer to comply with those remedial measures or other actions; and

x. the status of the Adverse Ruling, breach or offence as at the date of the declaration.

(e) “Industrial Instruments” means an award or agreement, howeverdesignated, that is made under or recognised by the Prescribed Legislation.

(f) “Prescribed Legislation” means all applicable Acts and subordinateinstruments of the Commonwealth and the Territory, which deal withmatters relating to industrial relations, employment and/or workplace safety obligations that apply to an entity including (as amended or replaced fromtime to time) but not limited to:

i. Fair Work Act 2009 (Cth);

ii. Fair Work (Building Industry) Act 2012 (Cth);

iii. Fair Work (Transitional Provisions and ConsequentialAmendments) Act 2009 (Cth);

iv. Income Tax Assessment Act 1997 (Cth);

v. Independent Contractors Act 2006 (Cth);

vi. Industry Research and Development Act 1986 (Cth);

vii. Long Service Leave Act 1976 (ACT);

viii. Long Service Leave (Portable Schemes) Act 2009 (ACT);

ix. Migration Act 1958 (Cth);

x. Paid Parental Leave Act 2010 (Cth);

xi. Payroll Tax Act 2011 (ACT);

xii. Safety, Rehabilitation and Compensation Act 1988 (Cth);

xiii. Superannuation Guarantee (Administration) Act 1992 (Cth);

xiv. Superannuation Guarantee Charge Act 1992 (Cth);

xv. Work Health and Safety Act 2011 (ACT);

xvi. Workers’ Compensation Act 1951 (ACT);

xvii. Workplace Gender Equality Act 2012 (Cth).

(g) “Prescribed Works or Services” means works or services that require theexertion of labour by Employees.

(h) “Secure Local Jobs Code Certificate” has the meaning given by theGovernment Procurement Act 2001.

(i) “Secure Local Jobs Code” has the meaning given by the GovernmentProcurement Act 2001.

(j) “Tenderer” means Insert full legal name including ACN/ABN as per thatidentified in this document.

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(k) “Territory-Funded Work” has the meaning given by the GovernmentProcurement Act 2001.

1.2. I am authorised on behalf of the Tenderer to make this declaration.

1.3. The information supplied by the Tenderer with and in its Tender is true and correct. Any further information to be supplied by the Tenderer to enable assessment of it Tender will be true and correct.

1.4. The Tenderer is aware that Tenderers for Territory-Funded Work must hold a Secure Local Jobs Code Certificate and that once certified Tenderers must comply with the Secure Local Jobs Code.

1.5. The Tenderer agrees to comply with all applicable Territory policies and legislation referable to Territory-Funded Work and, if the Tenderer is prequalified under a prequalification scheme in the Territory, the WHS Active Certification Policy, if it is the preferred Tenderer.

1.6. By submitting a Tender the Tenderer authorises the Territory to:

(a) obtain from any Territory, State or Commonwealth government agency(including for the avoidance of doubt, any regulatory or law enforcementbody) and take into account in its evaluation, information, includinginformation about the Tenderer’s performance under Contracts (whether ornot those Contracts were with the Territory, State or Commonwealth oranother entity and whether or not those Contracts were identified by theTenderer in its Tender);

(b) obtain and take into account in its evaluation, information from referees orother reputable sources on the performance of the Tenderer on projects(whether or not they are identified by the Tenderer in their Tender);

(c) use any information obtained from any Territory, State or Commonwealthgovernment agency (including for the avoidance of doubt, any regulatory orlaw enforcement body), referee or other reputable source for anygovernment purposes including, without limitation, assessment of suitabilityfor award of Contract;

(d) provide information about the Tenderer to any Territory, State orCommonwealth government agency, including information provided by theTenderer and information related to the Tenderer’s performance at any time and for any reason;

(e) provide the name of the Tenderer and this declaration to Unions ACT; and

(f) provide this declaration to any Territory, State or Commonwealthgovernment agency (including any regulatory or law enforcement body,which includes, without limitation WorkSafe ACT) as evidence of theTenderer’s consent to allow that agency to release information as requestedby the Territory to the Territory.

1.7. The following Industrial Instruments made pursuant to any Prescribed Legislation specifically applies to the Employees of the Tenderer and are binding on it or them.

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Insert details of Industrial Instruments (this is the award you pay your employees under). If no Employees write “N/A”

1.8. The Tenderer has in the preceding 36 months of the date of this declaration complied with all applicable Industrial Instruments.

☐ True (delete 1.1.8A and initial) ☒ Not true (answer 1.1.8A) ☐ N/A No Employees(delete 1.1.8A)

1.1.8A. The Tenderer has not complied with the following Industrial Instruments in the following respects.

Insert full details

1.9. The Tenderer has in the preceding 36 months of the date of this declaration complied with all Prescribed Legislation

☐ True (delete 1.1.9A and initial) ☐ Not true (answer 1.1.9A)

1.1.9A. The Tenderer has not complied with the following Prescribed Legislation.

Insert full details of the failure to comply with Prescribed Legislation

1.10. The Tenderer has in the preceding 36 months of the date of this declaration recognised the rights of its Employees to union membership and representation.

☐ True (delete 1.1.10A and initial) ☐ Not true (answer 1.1.10A) ☐ N/A No Employees(delete 1.1.10A)

1.1.10A. The Tenderer has not recognised the rights of Employees to union membership and representation in the following respects.

Insert full details of how the Tenderer has not recognised the rights of Employees to union membership and representation

1.11. The Tenderer has in the preceding 36 months of the date of this declaration complied with all amendments to wages and conditions of employment for their Employees as decided by any authorised industrial or wage-setting agency.

☐ True (delete 1.1.11A and initial) ☐ Not true (answer 1.1.11A) ☐ N/A No Employees(delete 1.1.11A)

1.1.11A. The Tenderer has not complied with all amendments to wages and conditions of employment for their Employees as decided by any authorised industrial or wage-setting agency in the following respects:

Insert full details of how the Tenderer has failed to comply with all amendments to wages and conditions of employment

1.12. In the preceding 36 months of the date of this declaration there have been no findings against the Tenderer by an Authorised Entity, including a finding of a breach in a non-confidential consent order.


1.1.12A. There have been the following findings (Full Details of which are provided) against the Tenderer by an Authorised Entity:

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Insert full details of findings

1.13. In the preceding 36 months of the date of this declaration there have been no Adverse Rulings under the Prescribed Legislation against the Tenderer.


1.1.13A. There have been the following Adverse Rulings under the Prescribed Legislation against the Tenderer:

Insert full details of Adverse Rulings

1.14. There are currently no proceedings or prosecutions against the Tenderer in respect of a breach of any Prescribed Legislation.


1.1.14A. There are currently the following proceedings or prosecutions against the Tenderer in respect of a breach of Prescribed Legislation.

Insert full details of proceedings or prosecutions

1.15. The Tenderer has not been required to implement any remedial measures to ensure future compliance with the Prescribed Legislation.


1.1.15A. The Tenderer has been required to implement the following remedial measures to ensure future compliance with the Prescribed Legislation:

Insert full details of the remedial measures implemented

1.16. Below is a complete list of all projects (both completed and current) in the Australian Capital Territory where the Tenderer has had management or control of a project site and on which an audit into any aspect of work health and safety performance or compliance has been conducted in the 36 months prior to the date of this declaration.

Insert full list of projects, or if none “N/A”

1.17. I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.


Signature of person making the Declaration Printed name of the person making the Declaration


Declared at (location) On Day Month Year


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Signature of the person before whom the Declaration is made

Printed name of the person before whom the Declaration is made


Qualification of the person before whom the Declaration is made

Address of the person before whom the Declaration is made

Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years – see section 11 of the Statutory Declarations Act 1959.

Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 – see section 5A of the Statutory Declarations Act 1959.

A statutory declaration under the Statutory Declarations Act 1959 may be made before–

(1) A person who is currently licensed or registered under a law to practise in one of the following occupations:

Chiropractor Dentist Legal practitioner Medical practitioner Nurse Optometrist Patent attorney Pharmacist Physiotherapist Psychologist Trade marks attorney Veterinary surgeon

(2) A person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legalpractitioner (however described); or

(3) A person who is in the following list:

Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)

Bailiff

Bank officer with 5 or more continuous years of service

Building society officer with 5 or more years of continuous service

Chief executive officer of a Commonwealth court

Clerk of a court

Commissioner for Affidavits

Commissioner for Declarations

Credit union officer with 5 or more years of continuous service

Employee of the Australian Trade Commission who is:

(a) in a country or place outside Australia; and (b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and (c) exercising his or her function in that place

Employee of the Commonwealth who is:

(a) in a country or place outside Australia; and (b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and (c) exercising his or her function in that place

Fellow of the National Tax Accountants’ Association

Finance company officer with 5 or more years of continuous service

Holder of a statutory office not specified in another item in this list

Judge of a court

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Justice of the Peace

Magistrate

Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961

Master of a court

Member of Chartered Secretaries Australia

Member of Engineers Australia, other than at the grade of student

Member of the Association of Taxation and Management Accountants

Member of the Australasian Institute of Mining and Metallurgy

Member of the Australian Defence Force who is:

(a) an officer; or(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5

or more years of continuous service; or (c) a warrant officer within the meaning of that Act

Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

Member of:

(a) the Parliament of the Commonwealth; or (b) the Parliament of a State; or(c) a Territory legislature; or(d) a local government authority of a State or Territory

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961

Notary public

Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public

Permanent employee of:

(a) the Commonwealth or a Commonwealth authority; or(b) a State or Territory or a State or Territory authority; or(c) a local government authority;

with 5 or more years of continuous service who is not specified in another item in this list

Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made

Police officer

Registrar, or Deputy Registrar, of a court

Senior Executive Service employee of:

(a) the Commonwealth or a Commonwealth authority; or(b) a State or Territory or a State or Territory authority

Sheriff

Sheriff’s officer

Teacher employed on a full-time basis at a school or tertiary education institute.

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Procurement ACT


Phone: +61 2 6205 9797


82


Procurement ACT

GS001102.110 - RFT Attachment D – Pricing Schedule Tenants Advice Service

83

GS001102.110 - RFT Attachment D – Pricing Schedule


Contents

SCHEDULE 1. PRICING SCHEDULE COVER PAGE........................................................................... 3

INSTRUCTION TO TENDERERS

IMPORTANT – The Tenderer’s completed Attachment E – Pricing Schedule must be submitted as a separate/individual electronic document, to facilitate the two-envelope tendering process.

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Schedule 1. Pricing Schedule Cover Page DESCRIPTION PRICE

Provide Tenant Advice Service (TAS) as detailed in the Statement of Requirements.

$

Provide Telephone Advice and Information Services (TAL) as detailed in the Statement of Requirements.

(Note; If applicable, include costings for ICT infrastructure). $

Total Price for providing services (TAS & TAL) for the three (3) year Contract Period.

$

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Procurement ACT


Phone: +61 2 6205 9797


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© Australian Capital Territory Government Solicitor 2014

GOODS AND SERVICES AGREEMENT

Dated _________________

Parties AUSTRALIAN CAPITAL TERRITORY

[INSERT FULL NAME OF SUPPLIER INCLUDING ACN IF COMPANY OR ABN]

TENANTS ADVISORY SERVICES

Prepared by Procurement ACT Level 5, 220 Northbourne Avenue Braddon ACT 2612 Ph: 02 6205 9797 Ref: GS001102.110

Version Draft October 2019

Goods and Services Agreement – Client Version – April 2019

Note to users: any text in red is for your attention. When using this template to prepare an agreement you will need to complete and/or follow any user prompts and also read the instructional notes. DELETE this note, all prompts and other notes before finalising the agreement.

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CONTENTS

1. Interpretation ............................................................................................. 1

2. Supply of Goods ....................................................................................... 6

3. Services .................................................................................................... 6

4. Term ......................................................................................................... 6

5. Contract Price ........................................................................................... 6

6. Delivery ..................................................................................................... 6

7. Acceptance ............................................................................................... 7

8. Title and Risk ............................................................................................ 8

9. Warranty ................................................................................................... 8

10. Ownership and use of material ................................................................. 9

11. Supplier’s personnel ............................................................................... 10

12. Non-disclosure of Territory Information ................................................... 11

13. Confidential Text under the Procurement Act ......................................... 12

14. Insurance and indemnity ......................................................................... 13

15. Termination ............................................................................................. 14

16. Dispute resolution ................................................................................... 15

17. General ................................................................................................... 15

SCHEDULE 1 ................................................................................................ 18

SCHEDULE 2 ................................................................................................ 22

SCHEDULE 3 ................................................................................................ 24

ATTACHMENT 1 ........................................................................................... 30

ATTACHMENT 2 ........................................................................................... 31

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1

PARTIES: AUSTRALIAN CAPITAL TERRITORY, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth) (Territory) represented by the [INSERT name of Directorate /Agency].

[INSERT FULL NAME, INCLUDING ACN FOR A

COMPANY OR ABN FOR OTHER ORGANISATION AND CHECK IT IS A LEGAL ENTITY] of [Insert address (of registered office if for a company)] (Supplier).

BACKGROUND A. The Territory has undertaken a procurement process and has selected the

Supplier to supply the Goods and provide the Services. B. The Territory has agreed to purchase and the Supplier has agreed to supply the

Goods and provide the Services in accordance with the provisions of this Agreement.

IT IS AGREED by the parties as follows. 1. Interpretation

1.1 Definitions

The following definitions apply in this Agreement, unless the context otherwise requires.

Acceptable Quality quality of goods that is: (1) fit for all the purposes for which goods of that

kind are commonly supplied; (2) acceptable in appearance and finish; (3) free from defects; (4) safe; and (5) durable, as the Territory, acting reasonably and being fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as being acceptable having regard to the following matters:

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2

(6) the nature of the goods;

(7) the price of the goods (if relevant);

(8) any statements made about the goods on anypackaging or label on the goods;

(9) any representation made about the goods by theSupplier; and

(10) any other relevant circumstances relating to thesupply of the goods.

Confidential Text any text of this Agreement that, for the purposes of the Procurement Act, either party proposes should not be published and which is specified in Item 8 Schedule 1.

Contract Material all material created, written or otherwise brought into existence as part of, or for the purpose of performing the Services including all reports (whether in draft or final form), documents, information and data stored by any means.

Contract Officers in relation to each party, the representatives whose names and contact details are specified in Item 1 Schedule 1, or as notified from time to time by one party to the other.

Contract Price the amounts specified in, or calculated in accordance with, Item 3 Schedule 1.

Goods the goods described in Item 1 Schedule 2.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Information Privacy Act

the Information Privacy Act 2014 (ACT).

Insolvency Event (1) in respect of a natural person:

(a) any orders, agreements or arrangementsare made in respect of the affairs of theperson in accordance with the BankruptcyAct 1966 (Cth); or

(b) in the reasonable opinion of the Territorythe person is likely to be declaredbankrupt or lose control of themanagement of their financial affairs; or

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3

(2) in respect of all other entities:

(a) any of the events listed in sub-sections459C(2)(a) to (f) of the Corporations Act2001 (Cth) occur in respect of the entity;or

(b) any other event occurs which, in thereasonable opinion of the Territory islikely to result, or has resulted, in the:

(i) insolvency;(ii) winding up; or(iii) appointment of a controller (as

that term is defined in theCorporations Act 2001 (Cth)) inrespect of part or all of theproperty,

of the entity.

For the purpose of subparagraph (2)(b), subsections 459C(2)(a) to (f) Corporations Act 2001(Cth) are to be read as if applying to all incorporated entities.

Invoice an invoice that:

(1) references this Agreement;

(2) if GST is payable in respect of the supply of theGoods and/or the provision of the Services, is avalid tax invoice for the purposes of the A NewTax System (Goods and Services Tax) Act 1999(Cth);

(3) clearly sets out details of the Goods suppliedand/or the Services provided and of the amountthat is due for payment, is correctly calculatedand is in respect of Goods that have beensupplied and Services that have been performedin accordance with this Agreement;

(4) is accompanied by any other details or reportsrequired under this Agreement; and

(4) is rendered at the times specified in Item 3Schedule 1 (if any) and addressed to theTerritory’s Contract Officer.

Personal is personal information as defined in section 8 of the

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4

Information Information Privacy Act.

Prescribed Insurer an insurer that is authorised by the Australian Prudential Regulation Authority to conduct new or renewal insurance business in Australia and rated at AA or better by Standard & Poor’s.

Procurement Act the Government Procurement Act 2001 (ACT).

Services the services described in Item 4 Schedule 2.

Special Condition any provision set out in Schedule 3.

Specifications means any technical specifications or drawings of the Goods set out in Item 2 Schedule 2.

Specified Personnel any person named in Item 5 Schedule 1, or any other employee or agent of the Supplier, who is approved by the Territory from time to time for the purpose of clause 11.

Support Material without limitation, any software, documentation or data, including operating manuals, explanatory materials, specifications, technical data, instructions or any other material owned by the Supplier to assist or supplement the Territory’s use and understanding of the Goods or Services, including but not limited to the material specified in Item 5 Schedule 2 (if any).

Term the term specified in Item 2 Schedule 1, or if extended, the initial term and the extended term.

Territory when used:

(1) in a geographical sense, the Australian CapitalTerritory; and

(2) in any other sense, the body politic establishedby section 7 of the Australian Capital Territory(Self-Government) Act 1988 (Cth).

Territory Information

the kind of information that:

(1) is or relates to documents, submissions,consultations, policies, strategies, practices andprocedures of the Territory which are by theirnature confidential;

(2) is notified (whether in writing or not) by theTerritory to the Supplier as being confidential;

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(3) is specified in Item 7 Schedule 1; or

(4) is Personal Information,

but does not include information that:

(5) is or becomes public knowledge other than bybreach of this Agreement;

(6) has been independently developed or acquiredby the Supplier; or

(7) has been notified by the Territory to theSupplier as not being confidential.

Territory Material any material provided by the Territory to the Supplier for the purposes of this Agreement including documents, equipment, information and data stored by any means.

TPPs the Territory Privacy Principles provided for in section 13 and set out in Schedule 1 of the Information Privacy Act.

TPP Code a code of practice about information privacy which, having regard to section 21(1) and (3) of the Information Privacy Act, binds an agency that engages the Supplier in the provision of the Services.

Warranty Period the period specified in Item 4 Schedule 1 or, if no warranty period is specified, 30 days from the date of acceptance of the Goods by the Territory in accordance with clause 7.

1.2 General

In this Agreement, unless a contrary intention is expressed:

(1) references to “Supplier” include any employees, agents orsubcontractors of the Supplier;

(2) references to legislation or to provisions in legislation include referencesto amendments or re-enactments of them and to all regulations andinstruments issued under the legislation;

(3) words in the singular include the plural and vice versa;

(4) headings are for convenience only and do not affect the construction orinterpretation of this Agreement;

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(5) an obligation imposed on more than one person binds them jointly andseverally; and

(6) the word “include” and any derivation is not to be construed as a wordof limitation.

2. Supply of Goods

The Supplier sells and the Territory agrees to purchases the Goods in accordancewith the provisions of this Agreement.

3. Services

The Supplier must perform the Services in accordance with the provisions ofthis Agreement and to a standard of care, skill and diligence expected of a personwho regularly acts in the capacity in which the Supplier is engaged.

4. Term

This Agreement is for the Term unless terminated under the provisions of thisAgreement.

5. Contract Price

5.1 Invoice

The Territory must pay the Supplier the Contract Price following its receipt of an Invoice and otherwise in accordance with Item 3 Schedule 1.

5.2 Incorrect payments

If, after payment, an invoice is found to have been incorrectly rendered, any underpayment or overpayment will be recoverable by or from the Supplier, as the case may be, and, without limiting recourse to other available remedies, may be offset against any amount subsequently due by the Territory to the Supplier under this Agreement.

6. Delivery

6.1 Supplier to deliver, install or commission

(1) The Supplier must deliver the Goods to the Territory at the place(s) andat the time(s) specified in Item 3 Schedule 2 or otherwise as notified bythe Territory and comply with any reasonable delivery instructions.

(2) The Supplier must install or otherwise commission the Goods inaccordance with Item 3 Schedule 2.

6.2 Territory not bound to accept delivery by instalments

Unless specified in Item 3 Schedule 2 or agreed in writing by the parties, the Territory is not bound to accept delivery of the Goods by instalments.

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7. Acceptance

7.1 Reasonable opportunity to examine

After delivery of the Goods to the Territory, the Territory must have a reasonable opportunity to examine the Goods for the purpose of ascertaining that they are in conformity with this Agreement.

7.2 Territory may reject Goods

The Territory may reject all or part of the Goods if:

(1) the Goods:

(a) do not conform to the Specifications or any other relevant provision of this Agreement;

(b) are not of Acceptable Quality, are defective or in a damaged condition; or

(c) are unfit for the purpose specified in or implied by this Agreement; or

(2) the quantity of Goods delivered is greater or less than the quantity required to be delivered under this Agreement,

and in that event the Supplier must promptly remove the Goods and the Territory may either:

(3) require the Supplier to provide, at the Supplier’s cost, replacement Goods which comply with the requirements of this Agreement within a period determined by the Territory; or

(4) terminate this Agreement in accordance with clause 16.1.

7.3 Time of acceptance

Acceptance of the Goods by the Territory occurs when:

(1) the Territory notifies the Supplier in writing that it has accepted them;

(2) the Goods have been delivered to the Territory and the Territory does an act in relation to them that is inconsistent with the Supplier’s ownership of them; or

(3) after the lapse of a reasonable period of time, the Territory retains the Goods without notifying the Supplier that the Territory has rejected them,

whichever occurs sooner.

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8. Title and Risk

8.1 Supplier bears risk

Until all Goods have been delivered to, installed/commissioned (if required) and accepted by the Territory in accordance with this Agreement, the Supplier bears all risks for and associated with the Goods and their delivery to the Territory, including but not limited to insurance for the full replacement value of the Goods.

8.2 Title passes on acceptance

(1) The Supplier must supply the Goods to the Territory free of anyencumbrance including any registered security interest.

(2) If requested by the Territory, the Supplier must provide the Territorywith evidence to the Territory’s satisfaction that the Goods are free ofany encumbrance including any registered security interest.

(3) Title to the Goods passes to the Territory on acceptance of the Goods bythe Territory pursuant to this Agreement.

9. Warranty

9.1 Additional warranty

Without limiting any other warranty set out in this Agreement or given by the Supplier, the Supplier warrants that the Goods supplied to the Territory under this Agreement:

(1) are free of any encumbrance including any registered security interest;

(2) conform to the Specifications;

(3) are of Acceptable Quality; and

(4) are fit for the purpose specified in or implied by this Agreement.

9.2 Warranty Period

During the Warranty Period, the Supplier must without delay and at no cost to the Territory, correct all defects in the Goods by way of repair, replacement or such other means acceptable to the Territory.

9.3 Third Party Warranties

The Supplier must ensure, to the extent practicable and permitted by law, the Territory receives the benefit of any warranty given by a third party with respect to any Goods. This clause does not in any way relieve the Supplier of any obligation of or warranty given by the Supplier under this Agreement.

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9.4 Supplier responsible for costs

The Supplier is liable for all costs incidental to the discharge of the warranty in this clause 9 and any other warranty given in respect of the Goods, including any packaging, freight, disassembly and reassembly costs.

10. Ownership and use of material

10.1 Supplier to provide Support Material

The Supplier must, in accordance with this Agreement, or as requested by the Territory, provide all Support Material to the Territory.

10.2 Ownership of material

Ownership of:

(1) all Contract Material, including any intellectual property rights, vests onits creation in the Territory;

(2) all Territory Material, including any intellectual property rights, remainswith the Territory; and

(3) all Support Material, including any intellectual property rights, remainsthe property of the Supplier.

10.3 Licence of material

(1) The Territory grants to the Supplier a royalty-free, limited licence to usethe Contract Material and Territory Material for the Term.

(2) The Supplier grants to the Territory a perpetual, royalty-free licence touse the Support Material.

(3) For the purpose of this clause, “use” includes:

(a) such uses as are reasonably necessary for the Territory to obtainthe full benefit of the Goods and Services, including use of theContract Material and Support Material; and

(b) such uses as are reasonably necessary for the Supplier toundertake the Services or supply the Goods, or as otherwiseagreed by the Territory;

and may include supply, reproduce, publish, perform, communicate, broadcast, adapt and copy as the context requires.

10.4 Third Party Rights

The Supplier must ensure that:

(1) the Territory’s use of any Contract Material and any Support Materialwill not infringe the intellectual property rights of any third party; and

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(2) no fees, royalties or other payments are payable in respect of any third party rights as a result of the Territory’s (or its agents’) use of any Contract Material and any Support Material.

10.5 Moral rights

The Supplier must, in relation to the authors of any work that comprises or forms part of the Contract Material:

(1) use its best endeavours to include in the Contract Material an attribution of those authors; and

(2) procure from those authors their genuine written consent for the Territory to:

(a) attribute the authorship of the work to the Territory or a third party where that attribution was inadvertent;

(b) not attribute the authorship of the author when using the work (including exhibiting or performing the work in or to the public); and/or

(c) materially alter the work in any way.

10.6 Safekeeping and preservation of material

The Supplier must ensure the safe-keeping and proper preservation of Contract Material and Territory Material in its possession or control and deliver to the Territory all Contract Material and Territory Material on the expiration or termination of this Agreement (other than copies of material that the Territory has authorised the Supplier to retain).

11. Supplier’s personnel

The Supplier must:

(1) in performing the Services, engage only persons who have the skills, training and expertise appropriate for the Services;

(2) comply with all reasonable requirements notified by the Territory regarding the suitability and fitness of persons engaged by the Supplier for the performance of Services;

(3) ensure the Services are performed by Specified Personnel (if any) and provide replacement personnel acceptable to the Territory at no additional charge and at the earliest opportunity if the Specified Personnel are unable to perform any of the Services; and

(4) if the Territory requires, ensure that each person engaged in the performance of the Services executes a deed of confidentiality in a form acceptable to the Territory (including with respect to not accessing or otherwise safeguarding Personal Information as applicable), and provide

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those executed deeds to the Territory in accordance with any requirements that the Territory notifies.

12. Non-disclosure of Territory Information

12.1 Supplier’s use of Territory Information

The Supplier must:

(1) use Territory Information held in connection with this Agreement onlyfor the purposes of fulfilling its obligations under this Agreement;

(2) not transfer Territory Information held in connection with thisAgreement outside the Territory, or allow any person (other thanauthorised personnel) outside the Territory to have access to it, withoutthe prior approval of the Territory;

(3) notify the Territory immediately if the Supplier becomes aware that adisclosure of Territory Information is required by law or an unauthoriseddisclosure of Territory Information has occurred; and

(4) in respect of any Personal Information held in connection with thisAgreement:

(a) comply with the TPPs and any applicable TPP Code and mustnot (and procure that any subcontractor engaged by the Supplierunder this Agreement does not) act or engage in any practice thatbreaches a TPP or a TPP Code; and

(b) cooperate with any reasonable requests or directions of theTerritory arising directly from, or in connection with, theexercise of the functions of the information privacycommissioner under the Information Privacy Act.

12.2 Supplier to protect Territory Information

(1) Except as provided in this Agreement, the Supplier must not discloseTerritory Information to any person, nor deal with the TerritoryInformation in any way except for the purposes of this Agreement,without the prior written consent of the Territory except to the extent thatthe Territory Information is:

(a) required or authorised to be disclosed by law;

(b) disclosed to the Supplier’s solicitors, auditors, insurers or advisers;

(c) generally available to the public; or

(d) in the possession of the Supplier without restriction in relation todisclosure before the date of receipt from the Territory.

(2) The Supplier must take all reasonable measures to ensure that Territory

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Information accessed or held by it in connection with this Agreement is protected against loss, unauthorised access, use, modification, disclosure, or other misuse in accordance with reasonable procedures for that purpose and only its authorised personnel have access to Territory Information.

(3) The Supplier must do all things necessary to ensure that Territory Information accessible to the Supplier and the Supplier’s personnel by virtue of the performance of this Agreement is not accessed, published or communicated in any way, including imposing upon the Supplier’s personnel obligations of confidentiality with respect to Territory Information.

12.3 Acknowledgement of effect of Crimes Act

The Supplier acknowledges that the publication or communication of any fact or document by a person which has come to its knowledge or into its possession or custody by virtue of the performance of this Agreement (other than to a person to whom the Supplier is authorised to publish or disclose the fact or document) may be an offence under section 153 of the Crimes Act 1900 (ACT).

13. Confidential Text under the Procurement Act

13.1 Territory may make Agreement publicly available

In giving effect to the principles of open and accountable government, the Territory may disclose documents and information unless it has otherwise agreed, or is otherwise required under law, to keep the information confidential. In accordance with those principles, this Agreement may be a notifiable contract under the Procurement Act and, if so, the Territory will be required to make the text of this Agreement available to the public, including by publication on a public contracts register.

13.2 Confidential Text

If Item 8 Schedule 1 states that this Agreement is a notifiable contract under the Procurement Act and specifies Confidential Text, the grounds on which the text is confidential are set out in Item 9 Schedule 1 and clause 13.3 applies.

13.3 Territory must not disclose Confidential Text

Except as provided in this Agreement, the Territory must not disclose Confidential Text to any person without the prior written consent of the Supplier (which consent must not be unreasonably withheld) except to the extent that Confidential Text:

(1) is required or authorised to be disclosed under law;

(2) is reasonably necessary for the enforcement of the criminal law;

(3) is disclosed to the Territory’s solicitors, auditors, insurers or advisers;

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(4) is generally available to the public;

(5) is in the possession of the Territory without restriction in relation todisclosure before the date of receipt from the Supplier;

(6) is disclosed by the responsible Minister in reporting to the LegislativeAssembly or its committees; or

(7) is disclosed to the ombudsman or for a purpose in relation to theprotection of the public revenue.

(i) the name of the entity against which the Adverse Rulingwas made; and

(ii) any other relevant information that the Supplier may relyon as grounds for not terminating this Agreement as aresult of the Adverse Ruling;

14. Insurance and indemnity

14.1 Supplier’s insurance

The Supplier must effect and maintain for the Term all insurance coverage required to be effected by it by law, public liability insurance and professional indemnity insurance in amounts not less than the amounts (if any) specified by Item 5 Schedule 1, and any other insurance specified in Item 5 Schedule 1 with a Prescribed Insurer.

14.2 Manufacturer’s insurance

Without limiting clause 15.1, if the Supplier does not manufacture the Goods, the Supplier must do all things reasonably necessary to ensure:

(1) the manufacturer of the Goods effects and maintains product liabilityinsurance with coverage in the amount of not less than $20 million in theaggregate; and

(2) the Territory receives the benefit of any product liability insurancecoverage effected by the manufacturer of the Goods.

14.3 Indemnity

The Supplier indemnifies the Territory, its employees and agents against liability in respect of all claims, costs and expenses and for all loss, damage, injury or death to persons or property caused by the Supplier, its employees, agents or subcontractors in connection with:

(1) the Goods;

(2) the supply of the Goods; and

(3) the Services,

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except to the extent that the Territory caused the relevant loss, damage or injury.

14.4 Claims to be made good

The Supplier must, at its expense, make good the amount of all claims, loss, damage, costs and expenses the subject of the indemnity in clause 15.3 and the Territory may deduct the amount, or any part of it, from any moneys due or becoming due to the Supplier under this Agreement.

15. Termination

15.1 Default

The Territory may terminate this Agreement, at any time by notice to the Supplier, if the Supplier:

(1) is the subject of an Insolvency Event;

(2) fails to commence timely supply of the Goods or provision of theServices or to meet any timeframes specified in this Agreement; or

(3) is in breach of a provision of this Agreement, where that breach:

(a) if capable of being remedied, is not remedied within the periodspecified in a notice by the Territory, or

(b) is not capable of being remedied.

15.2 Termination for any reason or reduction of Goods or Services

The Territory may, at any time by notice to the Supplier, terminate this Agreement or reduce the Services or volume of Goods for any reason, and in that event:

(1) the Territory will be liable only for:

(a) payments under this Agreement for Goods supplied and Servicesrendered before the date of termination; and

(b) subject to clauses 16.2(2) and 16.2(3), any reasonable costsincurred by the Supplier and directly attributable to thetermination or reduction of Services or volume of the Goods, butnot in respect of loss of prospective profits;

(2) on receipt of a notice of termination or reduction, the Supplier must:

(a) stop work as specified in the notice;

(b) take all available steps to minimise loss resulting from thattermination or reduction of Services or volume of Goods; and

(c) continue to perform any part of the Services or supply anyvolume of the Goods not affected by the notice; and

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(3) in the event of a reduction of the Services or volume of Goods, theTerritory’s liability to pay the Contract Price will, in the absence ofagreement to the contrary, abate proportionately to the reduction in theServices or volume of the Goods.

15.3 No prejudice

Nothing in this clause 16 prejudices any other rights or remedies of the Territory in respect of any breach of this Agreement.

16. Dispute resolution

16.1 Negotiation of Dispute

(1) If a difference or dispute (Dispute) arises in relation to this Agreementeither party may give notice to the other that a Dispute exists, whichspecifies details of the Dispute. The parties agree that, following theissue of that notice, they will endeavour to resolve the Dispute bynegotiations, or, if the Dispute has not been resolved within 28 days ofthe issue of the notice, refer to matter to appropriate senior executiveswith authority to finally resolve the matter.

(2) Nothing in this clause 17 will prejudice the rights of either party toinstitute proceedings to enforce this Agreement or to seek injunctive orurgent declaratory relief in respect of any Dispute.

17. General

17.1 Cooperation and good faith

Each party will fully cooperate with each other to ensure timely progress and fulfilment of this Agreement.

17.2 Conflict of interest

The Supplier warrants that no conflict of interest exists or is likely to arise in the supply of the Goods or the performance of the Services and its other obligations under this Agreement and must, if a conflict or risk of conflict arises, notify the Territory and comply with any requirement of the Territory to eliminate or deal with that conflict or risk.

17.3 No employment, partnership or agency relationship

Nothing in this Agreement constitutes the Supplier, or its employees, agents or subcontractors as employees, partners or agents of the Territory or creates any employment, partnership or agency for any purpose and the Supplier must not represent itself, and must ensure its employees, agents and subcontractors do not represent themselves, as being employees, partners or agents of the Territory.

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17.4 No assignment or subcontracting

(1) The Supplier must not subcontract the supply of the Goods and/or theprovision of the Services or assign the whole or part of this Agreementwithout the prior written consent of the Territory. If the Territory givesits consent, the Territory may impose any conditions.

(1) A change in the control of the Supplier or a company that controls theSupplier (except a company listed on an Australian stock exchange) istaken to be an assignment, the term “control” including the direct orindirect holding of more than 50% of the share capital of a corporation.

(2) If the Supplier breaches clause 18.4(1), the Territory reserves its rights,including requiring the Supplier to provide information regarding theproposed subcontractor’s or assignee’s capability to continueperforming this Agreement or to provide security to ensure the properperformance of this Agreement.

17.5 Entire agreement

This Agreement comprises the entire agreement between the parties in relation to the Goods and Services and supersedes any prior representations, negotiations, writings, memoranda and agreements.

17.6 Severability

Any provision of this Agreement that is illegal, void or unenforceable will not form part of this Agreement to the extent of that illegality, voidness or unenforceability. The remaining provisions of this Agreement will not be invalidated by an illegal, void or unenforceable provision.

17.7 Variation

This Agreement may be varied or the Term extended only by the written agreement of the parties prior to the expiration of this Agreement.

17.8 No waiver

Failure or omission by the Territory at any time to enforce or require strict or timely compliance with any provision of this Agreement will not affect or impair that provision in any way or the rights and remedies that the Territory may have in respect of that provision.

17.9 Governing law and compliance with the law

This Agreement is governed by and construed in accordance with the law for the time being in force in the Territory and the parties submit to the non-exclusive jurisdiction of the courts of the Territory. The Supplier must comply with the laws from time to time in force in the Territory in performing the Services and supplying the Goods.

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17.10 Notices

Any notice, including any other communication, required to be given or sent to either party under this Agreement must be in writing and given to the relevant Contract Officer. A notice will be deemed to have been given:

(1) if delivered by hand, on delivery;

(2) if sent by prepaid mail, on the expiration of two business days after thedate on which it was sent;

(3) if sent by facsimile, on the sender’s facsimile machine recording that thefacsimile has been successfully and properly transmitted to therecipient’s address; or

(4) if sent by electronic mail, on whichever of the following occurs first:

(a) the other party’s acknowledgement of receipt by any means;

(b) the sender’s electronic mail device recording that the electronicmail has been successfully transmitted to the recipient’s address;or

(c) the expiration of two business days after the date on which it wassent without receipt of a notification that the delivery failed,

and if given in two or more ways, on the first of paragraphs (1) to (4) occurring.

17.11 Special Conditions

In the event of any inconsistency between any Special Condition and any other provision of this Agreement then, to the extent of any inconsistency, the Special Condition will prevail.

17.12 Survival of clauses

Clauses 12, 16.3 and 16.4 will survive the expiration or earlier termination of this Agreement.

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SCHEDULE 1

CONTRACT DETAILS

Item 1. Contract Officers See clauses 1.1 and 18.10

For the Territory:

[INSERT name of Contract Officer] [INSERT contact details – address and facsimile]

For the Supplier:

[INSERT name of Contract Officer] [INSERT contact details – address and facsimile]

Item 2. Term See clauses 1.1 and 4

From [INSERT start date, eg. the date of this Agreement] until [INSERT end date].

[If the Territory has an option to extent the Agreement for one or more further periods, also include the following: The Territory may, in its absolute discretion, extend the Agreement for up to [INSERT number, eg 2] periods, each of [INSERT length, eg 1 year.]

Item 3. Contract Price See clauses 1.1 and 5.1

(1) Contract Price: $[Insert price(s) payable] (GST inclusive)

(2) The Contract Price is payable byinstalments. Invoices may only berendered in accordance with thefollowing.

Instalment When Invoice may be rendered [Instructional Note: If appropriate, the instalments may be linked to the acceptance of Goods listed in Schedule 2 or milestones in respect of the Services.]

[OR if the Contract Price is payable by a lump sum, REPLACE the above paragraph (2) with “The Contract Price is payable as a lump sum. An Invoice may only be rendered following the Territory’s acceptance of all the Goods and the completion of the performance of all the Services.”]

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(3) Except if otherwise stated in this Agreement, the Contract Price is:

(a) payable within 30 days of receipt

by the Territory of an Invoice; (b) inclusive of GST and all other

taxes, duties and charges; and (c) inclusive of all disbursements,

including packaging, freight and delivery costs and other out-of-pocket expenses incurred by the Supplier.

(4) [INSERT details if disbursements are to

be paid in addition to the Contract Price, eg. specify categories of disbursements and upper limit payable by the Territory or whether disbursements are to be approved in advance before the Territory becomes liable].

Item 4. Warranty Period

See clauses 1.1 and 9.2 [INSERT warranty period, eg “12 months from the date on which the Territory accepts the Goods from the Supplier in accordance with this Agreement”]

Item 5. Specified Personnel See clauses 1.1 and 11

Not applicable. [OR, INSERT names if relevant.]

Item 6. Other amounts and insurance See clause 16.1

(1) Public liability insurance: [INSERT amount, eg. $20 million] (in respect of each claim).

(2) Professional indemnity insurance:

[INSERT amount, eg. $10 million] (in respect of each claim) and [INSERT amount, eg. $10 million or a different amount] (in the annual aggregate).

(3) [INSERT other type of insurance, if

any].

[Instructional Note: The level of public liability insurance under this Agreement must be based on an assessment of risk. Advice from the ACTIA may be obtained

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regarding whether professional indemnity insurance is required for the purposes of the Agreement and the appropriate level. If professional indemnity insurance is required, the Supplier may be subject to a professional standards scheme created under the Civil Law (Wrongs) Act 2002 (ACT), which must be applied in determining the level of professional indemnity insurance for the Agreement. Seek ACTGS advice regarding how the Scheme affects the professional indemnity insurance requirements in the Agreement. If professional indemnity insurance is required, consideration should be given to whether “run-off” cover is necessary. If so, the following words may be included in this Item 5: “The Supplier must maintain the professional indemnity insurance coverage required under this Item 6 for an additional period of 6 years from the expiration of the Term. This Item survives the expiration or earlier termination of this Agreement.”

Item 7. Territory Information See clauses 1.1 and 12

Item 7 not used. [OR, INSERT details of any information (other than Confidential Text) that the Territory requires the Supplier to keep confidential in addition to what is already set out in the definition of Territory Information. If details in the definition of Territory Information are sufficient, RETAIN “Item 7 not used”.]

Item 8. Confidential Text See clauses 1.1 and 13

Item 8 not used – there is no Confidential Text. [OR, INSERT “This Agreement is a “notifiable contract” under the Procurement Act and the following is Confidential Text” and then INSERT details of any text in the Agreement that either party requires the Territory to keep confidential, eg, name and other personal details of Contract Officers or individual components of the total Contract Price. Instructional Note: If the Agreement is a notifiable contract under the Procurement Act, text may only be deleted from the public text of the Agreement if the Territory is permitted to not disclose the text on the basis of one or more of the

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grounds set out in section 35(1) of the Act and specified in Item 9 below.]

Item 9. Grounds for confidentiality of Confidential Text See clause 13

Item 9 not used – there is no Confidential Text.

[OR, MODIFY this Item as appropriate (see text below) and insert here.

“The Procurement Act, part 3 (Notifiable Contracts) applies to this Agreement. The Territory is satisfied that the Confidential Text is “confidential information” for the purposes of that Act because disclosure of the text would:

EXAMPLE ONLY (1) be an unreasonable disclosure of

personal information about a person; or

(2) be an unreasonable disclosure ofinformation about the business affairs ofa person.]”

[Instructional Note: if the Agreement is a “notifiable contract” under the Procurement Act in order for the Confidential Text to be kept confidential, the Territory must be satisfied that at least one of the grounds for confidentiality set out in section 35(1) of the Act applies to the Confidential Text.

Also, note that if Item 8 is used, Item 9 must also be completed.]

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SCHEDULE 2

THE GOODS AND SERVICES

The Supplier must supply the Goods and provide the Services as follows. Item 1. The Goods See clauses 1.1 and 2.1 The Supplier must supply:

(1) [INSERT full description of the Goods and the quantities];

(2) [INSERT].

Item 2. Specifications

See clauses 1.1, 7.1 and 9.1

[INSERT full description of technical specifications for the Goods, including diagrams if necessary, or “See Attachment”]

Item 3. Delivery Times and Places and Installation See clause 6

The Supplier must deliver the Goods:

To: [INSERT location]

When: All Goods must be delivered on [INSERT date and time of delivery of all the Goods, and delete the bellow]. [OR if delivery is to be made by instalments, delete the above and INSERT “The Goods must be delivered in accordance with the following instalments and quantities”]

Instalment Delivery Date and Time

Quantity

[INSERT] [INSERT] [INSERT] [INSERT] [INSERT] [INSERT] [INSERT] [INSERT] [INSERT]

Installation / Commissioning:

[INSERT “Required” or “Not Required”] [If installation/commissioning of the Goods is required, INSERT details, include date for completion of installation/commissioning, and any other requirements].

Other Delivery Instructions

[INSERT any other instructions for delivery, or “Nil”]

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Item 4. The Services See clauses 1.1 and 3

The Supplier must provide the Services as follows within any specified timeframes.

Item Number Details of Services Timeframe for

Completion (1) [INSERT full details of Services] [INSERT]

(2) [INSERT]

[INSERT]

(3) [INSERT]

[INSERT]

(4) [INSERT]

[INSERT]

Item 5. Support Material

See clauses 1.1 and 10

Notwithstanding any other Support Material, the Support Material includes any firmware or software which comes with the Goods and:

(1) [INSERT other Support Material, if required];

(2) [INSERT other Support Material, if required].

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SCHEDULE 3

SPECIAL CONDITIONS See clause 18.11

[Amend, add or delete Special Conditions as required. If there are no Special Conditions, DELETE the following Items and INSERT “Not Used”.]

Item 1. Additional Warranty

[Instructional Note: Use this Special Condition if there are additional specific warranties or representations that the Supplier provides in relation to the Goods.]

(1) The Supplier warrants that [INSERT any additional warranties, eg.specific to the intended use of the Goods].

(2) This Item 1 Schedule 3 survives the expiry or earlier termination of thisAgreement.

Item 2. Sale by sample

[Instructional Note: Use this Special Condition if the Territory is purchasing the Goods based on samples provided by the Supplier]

(1) The parties agree that the Goods are sold by sample.

(2) The Supplier agrees that the Territory must have a reasonableopportunity to examine and compare the Goods with the sample.

(3) The Goods must:

(a) conform to the sample in quality; and

(b) be free from any defect that would be apparent on reasonableinspection of the sample.

Item 3. Audit

[Instructional Note: Only use this Special Condition in circumstances where, in addition to the Auditor-General’s powers, there may be a special need for the Territory to conduct audits and checks in relation to the Supplier’s provision of the Services and supply of Goods and compliance with the Agreement]

Without limiting the powers of the Territory’s Auditor-General under the Auditor-General Act 1996 (ACT) the Territory (or its nominated representative) may, at its cost, inspect records kept by the Supplier and conduct audits and other checks, to monitor the Supplier’s delivery of the Services, the supply of the Goods and compliance with this Agreement. The Supplier must act reasonably to cooperate with persons authorised to conduct an audits or checks.

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Item 4. Changes in control of Supplier

[Instructional Note: Only use this Special Condition if clause 18.4(2) is not sufficient and a wider set of circumstances in which a change in control of the Supplier is deemed to occur is required.]

In addition to the circumstances set out in clause 18.4(2), for the purposes of clause 18.4, “control” includes the direct or indirect possession of the power (whether or not having statutory, legal or equitable force, and whether or not based on statutory, legal or equitable rights) to:

(1) directly or indirectly control the membership of the board of directors of thecorporation; or

(2) otherwise directly or indirectly direct or cause the direction of the managementand policies of that corporation,

whether by means of trusts, agreements, arrangements, understandings, practices, greater industry experience, the ownership of any interest in shares or stock of that corporation or otherwise.

Item 5. Complaints in relation to interference with privacy

[Instructional Note: it is recommended that this Special Condition be included in Schedule 3 until agencies that will be using this template have implemented TPP policies or codes of practice that make provision for the handling of complaints in relation to the handling of Personal Information by non-government agencies, such as the Supplier]

5.1 A complaint alleging an interference with the privacy of an individual in respect of any Services performed by the Supplier (Complaint) will be handled by the Territory in accordance with the following procedures, unless otherwise provided for in a TPP privacy policy made under TPP 1.3 which applies to a Territory agency as relevant to this Agreement:

(1) if the Territory receives a Complaint it will immediately notify theSupplier of only those details of the Complaint necessary to minimiseany breach or prevent further breaches of this Agreement;

(2) if the Supplier receives a Complaint it must immediately notify theTerritory of the nature of the Complaint but will only release PersonalInformation to the Territory concerning the complainant with thatperson’s consent; and

(3) after the Territory has given or been given notice under (1) or (2), it willkeep the Supplier informed of all progress with the Complaint concerningthe actions of the Supplier.

5.2 This item survives the expiry or earlier termination of this Agreement.

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Item 6. Local Industry Participation

[Instructional Note: Only use this Special Condition in circumstances where the Contractor was required to submit a local industry participation plan as part of its tender for the Services].

6.1 The Supplier must implement its commitments set out in its Local Industry Participation Plan (“Local IP Plan”) submitted as part of its tender for the Services.

6.2 The Supplier must provide a Local Industry Participation Report (“Local IP Report”) on its compliance with this clause in a format and addressing matters reasonably required by the Territory within 6 months of the date of this Agreement and on or before the first, and each subsequent, anniversary of this Agreement.

6.3 Before or concurrently with the Supplier’s submission to the Territory of its final Invoice for payment under this Agreement, the Supplier must provide to the Territory a Final Local Industry Participation Report (“Final Local IP Report”) that sets out its level of compliance with the commitments provided for in the Local IP Plan throughout the Term and which is accompanied by a statutory declaration stating the information provided in the Final Local IP Report is true and correct.

6.4 The Territory may withhold payment of the final Invoice until submission of a satisfactory Final Local IP Report by the Supplier.

6.5 The Supplier must attend any meeting scheduled by the Territory to review how its Local IP Plan is being implemented and advanced, and for this purpose, the Supplier must provide all information reasonably requested by the Territory.

6.6 The Supplier’s failure to comply, in whole or in part, with the commitments contained within the Local IP Plan may be a factor taken into account in the award of future contracts for the Territory.

Item 7. Work Health and Safety

[Instructional Note: Only use this Special Condition in circumstances where the Services include labour based services].

7.1 The following definitions apply in this Item:

WHS Legislation (1) the Work Health and Safety Act 2011 (ACT);

(2) the Work Health and Safety Regulation 2011(ACT);

(3) all instruments issued under the Work Healthand Safety Act 2011 or the Work Health andSafety Regulation 2011;

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(4) all laws that replace the above laws; and

(5) all other laws applicable in the AustralianCapital Territory dealing with work health andsafety matters.

OHS Management System

an occupational health and safety system listed on the Joint Accreditation System of Australia & New Zealand (JAS-ANZ) register as having current third party certification in accordance with the latest edition, as amended, of AS/NZS ISO 4801 (or such other occupational health and safety system as is found acceptable to the Territory).

7.2 The obligations set out in this Agreement do not detract from the Supplier’s obligations under the WHS Legislation. If there is an inconsistency between this Agreement and the WHS Legislation, the Supplier must comply with the WHS Legislation and inform the Territory of the inconsistency.

7.3 The Supplier must comply with the WHS Legislation and ensure all work is carried out safely and in a manner that does not put the health and safety of persons at risk.

7.4 The Supplier must comply with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all persons who have a work health and safety duty in relation to the same matter.

7.5 The Supplier must institute and maintain systems to obtain regular written assurances from all subcontractors and other entities engaged to perform Services about their ongoing compliance with the WHS Legislation including the due diligence obligation contained in the WHS Legislation.

7.6 The Supplier must provide the written assurances obtained under Item 7.5, together with written assurances from the Supplier about the Supplier’s ongoing compliance with WHS Legislation, to the Territory when requested.

7.7 The Supplier must provide the Territory with a written report on all work health and safety matters referable to the conduct of the Services, or any other relevant matters required by the Territory including a summary of the Supplier’s compliance with WHS Legislation, at least once per month, and at other times as requested.

7.8 The Supplier must exercise a duty of utmost good faith to the Territory in carrying out the work under this Agreement to enable the Territory to discharge the Territory’s duties under the WHS Legislation.

7.9 The Supplier must ensure that if any law requires that a person:

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(a) be authorised or licensed (in accordance with WHS Legislation) to carryout any work at a workplace, the person is so authorised or licensed andcomplies with any conditions of such authorisation or licence; or

(b) has prescribed qualifications or experience, or if not, is supervised by aperson who has prescribed qualifications or experience (as defined in theWHS Legislation), that person has the required qualifications orexperience or is so supervised.

7.10 The Supplier must ensure that if any law requires that a workplace, plant or substance, design, or work (or class of work) be authorised or licensed, that workplace, plant or substance, design or work is so authorised or licensed.

7.11 The Supplier must not direct or allow a person to carry out work, or use plant or a substance at a workplace unless the authorisation, licensing, prescribed qualifications or experience required by any law and Items 7.9 and 7.10 are met.

7.12 If requested by the Territory or required by WHS Legislation, the Supplier must produce evidence of any approvals including any authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Territory before the Supplier or any subcontractor commences such work.

7.13 If the Territory reasonably considers that a risk of injury to people or damage to property is arising or likely to arise from the activities of the Supplier (or any of its subcontractors) the Territory may direct the Supplier (or the relevant subcontractor) to change its manner of working or cease working and the Supplier or subcontractor must comply.

7.14 The Territory may take any action necessary to protect property or to prevent or minimise risk to health and safety of persons, which the Supplier must take but does not and the Territory may recover any costs associated with such action from the Supplier.

7.15 The Supplier must systematically manage its work health and management processes in accordance with the systems, plans, standards and codes specified in this Agreement and the WHS Legislation.

7.16 The Supplier must demonstrate to the Territory, whenever requested, that the Supplier has met and is meeting at all times, its obligations under this Item but such demonstration does not relieve the Supplier of its primary obligation to perform work safely.

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DATE OF THIS AGREEMENT...........................................................................

SIGNED for and on behalf of the AUSTRALIAN CAPITAL TERRITORY in the presence of:

……………………………………………. Signature of witness

……………………………………………. Print name

) ) )

………………………………………. Signature of Territory delegate

………………………………………. Print name

SIGNED by or for and on behalf of [NAME & ACN OF SUPPLIER] in the presence of:

………………………………………….… Signature of director/ secretary/ witness* *DELETE whichever is not applicable (see note below)

……………………………………………. Print name

) ) )

………………………………………. Signature of director/ authorised officer/ individual* *DELETE whichever is not applicable (see note below)

………………………………………. Print name and position

………………………………………. Signature of second authorised officer* *only use if Incorporated Association (see note below)

………………………………………. Print name and position

Note:

Date: Must be dated on the date the last party signs the Agreement or, if signed counterparts of the Agreement are exchanged, the date of exchange. Also date the cover page.

Company: Must be signed in accordance with section 127 of the Corporations Act 2001 (Cth), for example, by 2 directors or a director and a secretary. Common seal may be affixed if required under the Supplier’s constitution.

Individual: Must be signed by the individual Supplier and witnessed.

Incorporated Association: Must be signed in accordance with the Supplier’s constitution, which may or may not require the common seal to be affixed. As a minimum, 2 authorised officers must sign.

Affix common seal if required under

constitution

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ATTACHMENT 1

SPECIFICATIONS See clauses 1.1, 7.1 and 9.1 and Item 2 Schedule 2

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ATTACHMENT 2

ETHICAL SUPPLIERS DECLARATION See clause 14.1(2)

Statutory Declarations Act 1959 (Cth) I, [Name, address and occupation of person making declaration] make the following declaration under the Statutory Declarations Act 1959 (Cth),

1. In this declaration a reference to: “Adverse Ruling” means a ruling, order, notice (including without limitation any improvement notice or prohibition notice), conviction or finding made or issued by any Authorised Entity. “Authorised Entity” means any court, tribunal, board, commission, regulatory agency (including without limitation the director-general, commissioner, regulator or any inspector referred to in the Prescribed Legislation) or other entity with jurisdiction to determine employee and industrial relations matters or work health and safety matters to the effect that the Contractor has contravened the Prescribed Legislation.

“Consultant” means a consultant engaged by the Contractor to provide professional services. It includes a consultant whose contract with the Principal is novated to one with the Contractor. “Contract” means an agreement which has or will shortly be entered into between the Australian Capital Territory and the Contractor for the provision of works in respect of the Project.

“Contractor” means [insert full legal name of Contractor including the ACN/ABN as per that identified on the Contract]; “Employee” means a natural person who is employed under a contract of service (excluding professional or information technology services) to provide the Contractor or a Subcontractor with his or her labour.

“Industrial Instruments” means an award or agreement, however designated, that:

(a) is made under or recognised by an industrial law; or (b) concerns the relationship of an employer and the employer’s

employees.

“Prescribed Legislation” means all applicable Acts and subordinate instruments of the Commonwealth and the Territory, which deal with matters relating to industrial relations, employment and/or workplace safety obligations that apply to an entity including (as amended or replaced from time to time) but not limited to:

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(a) Fair Work Act 2009 (Cth);(b) Fair Work (Building Industry) Act 2012 (Cth);(c) Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009 (Cth);(d) Income Tax Assessment Act 1997 (Cth);(e) Independent Contractors Act 2006 (Cth);(f) Industry Research and Development Act 1986 (Cth);(g) Long Service Leave Act 1976 (ACT);(h) Long Service Leave (Portable Schemes) Act 2009 (ACT);(i) Migration Act 1958 (Cth);(j) Paid Parental Leave Act 2010 (Cth);(k) Payroll Tax Act 2011 (ACT);(l) Safety, Rehabilitation and Compensation Act 1988 (Cth);(m) Superannuation Guarantee (Administration) Act 1992 (Cth);(n) Superannuation Guarantee Charge Act 1992 (Cth);(o) Work Health and Safety Act 2011 (ACT);(p) Workers’ Compensation Act 1951 (ACT);(q) Workplace Gender Equality Act 2012 (Cth).

“Project” means Project No [insert ACT Government Project no] for [insert sufficient details to identify nature of project];

“Prescribed Works or Services” means works or services that require the exertion of labour by Employees;

“Subcontractor” includes a sub-subcontractor; and

“Supplier” means an entity engaged by the Contractor to supply part of the Project.

all other capitalised words or terms have the same meaning as defined in the Contract.

2. I am authorised on behalf of the Contractor to make this declaration.

3. All Employees of the Contractor who have at any time been employedby the Contractor in respect of the Project have, at the date of thisstatutory declaration, been paid all moneys due and payable to themin respect of their employment on the work under the Contract.

4. The Contractor has made provision for all other benefits (as requiredby Prescribed Legislation and any Industrial Instruments) accrued inrespect of its Employees as at the date of this statutory declaration.

5. All Subcontractors, Suppliers and Consultants have been paid allamounts payable to each of them by the Contractor as at the date ofthis statutory declaration with respect to engagement by each of themfor the performance of work or the supply of materials for or inconnection with the Contract.

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6. All workers compensation insurance premiums payable by theContractor to the date of this statutory declaration in respect of thework done in connection with the Contract have been paid.

7. All payroll tax payable by the Contractor in respect of wages paid orpayable to the relevant Employees of the Contractor for work done inconnection with the Contract to the date of this statutory declarationhas been paid.

8. The Contractor has in the preceding 24 months of the date of thisdeclaration complied with all applicable Industrial Instruments.

True (delete 9A and initial) Not true (answer 9A)

9A. The Contractor has not complied with the following Industrial Instruments in the following respects.

[Insert full details of failure to comply with Industrial Instruments]

9. The Contractor has in the preceding 24 months of the date of thisdeclaration complied with all Prescribed Legislation


10A. The Contractor has not complied with the following Prescribed Legislation.

[Insert Full Details of the failure to comply with Prescribed Legislation]

10. The Contractor has in the preceding 24 months of the date of thisdeclaration recognised the rights of its Employees to unionmembership and representation.


11A. The Contractor has not recognised the rights of Employees to union membership and representation in the following respects.

[Insert Full Details of how the Contractor has not recognised the rights of Employees to union membership and representation]

11. The Contractor has in the preceding 24 months of the date of thisdeclaration complied with all amendments to wages and conditions ofemployment for their Employees as decided by any authorisedindustrial or wage-setting agency.


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12A. The Contractor has not complied with all amendments to wages and conditions of employment for their Employees as decided by any authorised industrial or wage-setting agency in the following respects:

[Insert Full Details of how the Contractor has failed to comply with all amendments to wages and conditions of employment]

12. In the preceding 24 months of the date of this declaration there havebeen no findings against the Contractor by any Authorised Entity,including a finding of a breach in a non-confidential consent order.


13A. There have been the following findings (Full Details of which are provided) against the Contractor by an Authorised Entity:

[Set out Full Details of findings]

13. In the preceding 24 months of the date of this declaration there havebeen no Adverse Rulings under the Prescribed Legislation against theContractor.


14A. There have been the following Adverse Rulings under the Prescribed Legislation against the Contractor:

[Set out Full Details of convictions]

14. There are currently no proceedings or prosecutions against theContractor in respect of a breach of any Prescribed Legislation.


15A. There are currently the following proceedings or prosecutions against the Contractor in respect of a breach of Prescribed Legislation.

[Set out Full Details of proceedings or prosecutions]

15. The Contractor has not been required to implement any remedialmeasures to ensure future compliance with the Prescribed Legislation.


16A. The Contractor has been required to implement the following remedial measures to ensure future compliance with the Prescribed Legislation:

[Set out Full Details of the remedial measures implemented]

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

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___________________________________ [Signature of person making the declaration]]

____________________________________ [Print name of person making the declaration]

Declared at [place] on [day] of [month] [year]

Before me:

____________________________________ [Signature of person before whom the declaration is made]

____________________________________ [Full name, qualification and address of person before whom the declaration is made (in printed letters)]

Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years – see section 11 of the Statutory Declarations Act 1959.

Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 – see section 5A of the Statutory Declarations Act 1959. A statutory declaration under the Statutory Declarations Act 1959 may be made before–

(1) A person who is currently licensed or registered under a law to practise in one of the following occupations:Chiropractor Dentist Legal practitioner Medical practitioner Nurse Optometrist Patent attorney Pharmacist Physiotherapist Psychologist Trade marks attorney Veterinary surgeon

(2) A person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court ofAustralia, as a legal practitioner (however described); or

(3) A person who is in the following list:

Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the publicAustralian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955) Bailiff Bank officer with 5 or more continuous years of service Building society officer with 5 or more years of continuous service Chief executive officer of a Commonwealth court Clerk of a court Commissioner for Affidavits Commissioner for Declarations Credit union officer with 5 or more years of continuous service Employee of the Australian Trade Commission who is:

(a) in a country or place outside Australia; and (b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and (c) exercising his or her function in that place

Employee of the Commonwealth who is: (a) in a country or place outside Australia; and

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(b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and (c) exercising his or her function in that place

Fellow of the National Tax Accountants’ Association Finance company officer with 5 or more years of continuous service Holder of a statutory office not specified in another item in this list Judge of a court Justice of the Peace Magistrate Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 Master of a court Member of Chartered Secretaries Australia Member of Engineers Australia, other than at the grade of student Member of the Association of Taxation and Management Accountants Member of the Australasian Institute of Mining and Metallurgy Member of the Australian Defence Force who is:

(a) an officer; or(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with

5 or more years of continuous service; or (c) a warrant officer within the meaning of that Act

Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants Member of:

(a) the Parliament of the Commonwealth; or (b) the Parliament of a State; or(c) a Territory legislature; or(d) a local government authority of a State or Territory

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 Notary public Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public Permanent employee of:

(a) the Commonwealth or a Commonwealth authority; or(b) a State or Territory or a State or Territory authority; or(c) a local government authority;

with 5 or more years of continuous service who is not specified in another item in this list Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made Police officer Registrar, or Deputy Registrar, of a court Senior Executive Service employee of:

(a) the Commonwealth or a Commonwealth authority; or(b) a State or Territory or a State or Territory authority

Sheriff Sheriff’s officer Teacher employed on a full-time basis at a school or tertiary education institution

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