Request for Tenders No. [..insert number..]
[..INSERT TITLE..]
Lodgement Place: / [Insert Lodgement Place – AusTender and/or Tender Box information eg]AusTender
and/or
Tender Box
Attention: Project Manager RFT No. xxxx
Department of Veterans’ Affairs
Lovett Tower
13 Keltie Street
Woden ACT 2606
Closing Time: / [Insert time and date, eg
4.00pm ACT Local Time
Tuesday, **** 20xx
Project Manager:
E-mail address: / Project Manager
[Insert project/tender email address]
Issue Date: / [Insert date]
TABLE OF CONTENTS
WHAT YOU NEED TO DO:
TENDER REQUIREMENTS
CONDITIONS FOR PARTICIPATION
EVALUATION CRITERIA
REQUIREMENTS
TENDERER’S DECLARATION
RULES AND INFORMATION GOVERNING THIS REQUEST FOR TENDER PROCESS
1The Veterans' Affairs portfolio
2Purpose and explanation
3Evaluation criteria and requirements
4Protective security
5Workplace Gender Equality Act 2012 (Cth)
6Tender Evaluation Panel
7Tenderers to inform themselves
8RFT enquiries
9RFT timetable
10Lodgement requirements
11What to lodge
12Effect of lodgement on tender documents
13Clarity of tenders
14Amendments to RFT
15Confidentiality
16Competitive Neutrality
17Conflict of interest
18DVA seeking information
19Referees
20Financial viability and checks
21Tenders to remain open – offer and acceptance
22Shortlisting
23Negotiations
24Acceptance of tenders
25Substitution of tenderer
26Collusive tendering
27Acceptance of tenders from consortia and joint tenders
28Publicity
29RFT process not contractual
30Discretions reserved
31Probity Adviser
32Complaints
33Applicable law
34Interpretation
1
Version: August 2016
WHAT YOU NEED TO DO:
- Read all the documents, including the attached draft agreement, and consider them carefully.
- Prepare your tender in accordance with the ‘Tender Requirements’.
- Complete and sign the ‘Tenderer’s Declaration’.
- Lodge the tender pro-forma, the Tenderer’s Declaration and other documentation by the Closing Time.
TENDER REQUIREMENTS
Tenderers should complete the pro-forma enclosed, or a separate tender submission, and attach any required supporting documentation.
If using an electronic document, insert your response in the box immediately below the relevant heading or sub-heading and ensure that you are able to attach all required supporting documentation.
If you are unable to use the pro-forma provided, the tender should be set out in the same order and include a response to each item and sub-item as indicated in the pro-forma.
Tender Pro-forma*****/20xx /
[Insert title of] Tender
Tenderer details / ABN:
ACN:
Tenderer’s legal name:
Postal Address:
Street Address:
City/Town: / State: / P/code:
Authorised contact:
Email Address: / Phone: / Fax:
CONDITIONS FOR PARTICIPATION
(not satisfying a condition will exclude the tender from the process)
1[Insert special condition clearly or delete this section including heading]
2[Insert special condition clearly or delete this section including heading]
EVALUATION CRITERIA
The following tender requirements will be subject to evaluation.
DELETE ENTIRE SECTION INCLUDING HEADING IF RELYING ONLY ON CONDITIONS FOR PARTICIPATION
3 [Insert requirement for evaluation – see Guide for examples]
4[Insert requirement for evaluation]
REQUIREMENTS
The following tender requirements will be used in the evaluation process.
5Price
Your offered price should include:
- all overseas taxes and charges;
- all Australian (Federal, State and Local Government) taxes and charges;
- equipment costs;
- transport and accommodation costs;
- quality assurance costs;
- staff developments costs; and
- other business process costs necessary to deliver the services.
The amount of any GST included in the cost should be shown separately.
For the purposes of evaluation, DVA will take your offered price to be a best and final offer
6Contracting entity requirements
Consult CAU before including this requirement.
This requirement applies onlyif the tenderer is an individual.
The tenderer must provide the requested services through a company, trust, partnership, or association.
The contract fees payable for the services are based on the premise that they are being paid to a non-individual, eg, a company, trustee, partnership, or association.
If you are an individual, state the name of the company, trust, partnership or association through which you will provide services, or, state if you are willing to satisfy this condition before signing an agreement.
If a non-individual, insert ‘Not applicable’, ‘NA’ under this heading or leave blank.
7Working with vulnerable persons DELETE IF NOT APPLICABLE
Individuals who work with vulnerable persons, including children, must be cleared to do so under relevant laws of the states and territories. There is no single national framework setting out the requirements for obtaining checks for working with children. An explanation by the Child Family Community Australia of the position in each state and territory is at and has been saved as TRIM 16225117e. The Royal Commission into Institutional Responses to Child Sexual Abuse made a number of recommendations relevant to working with children in its Working With Children Checks Report of July 2015 – see [TRIM 16227004e]. Information about working with vulnerable persons generally is at [TRIM 16227004e].
‘Vulnerable person’ means:
- a child or children; or
- an individual aged 18 years and above who is or may be unable to take care of themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason.
The suggested model paragraphs below are illustrative only and should be changed to reflect to position needed by the business area. They are not suitable for universal access contracts though the principles could be useful in drafting appropriate paragraphs.
Where there is a mixture of individuals, some of whom will be working with vulnerable persons and others not, it will be necessary to cover the eligibility for working with vulnerable persons in the requirements section of the RFT and be subject to assessment. Paragraphs may be along the following lines:
The services that are sought to be provided will involve working with vulnerable persons. The individuals who will be providing the services must be eligible under the relevant state/territory law to do so. Information about working with children may be found at Information about working with vulnerable persons generally is at
‘Vulnerable person’ means:
- a child or children; or
- an individual aged 18 years and above who is or may be unable to take care of themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason.
Please complete the following table for eligible individuals:
Surname / Name/s / Registration or reference number. If exempt, give details / State or territory / Date of expiryE.g., Smith / E.g., Abel / 127854 or
Police Officer – badge number xxxxx / ACT / 15 June 2020
Under the proposed services agreement, a contractor will be responsible for ensuring, at its own cost, that new employees, or subcontractors who are individuals, who will work with vulnerable persons are subject to appropriate checks or obtain registrations.
OR
Do all individuals who will work with vulnerable persons, in performance of services under this agreement, have clearances under the relevant state or territory law, or requirements of DVA stated in this RFT or the draft agreement, to do so Yes / No
If not, the contractor will be responsible for ensuring, at its own cost, that any individual who will work with vulnerable persons obtain clearances before performing services under the agreement.
STANDARD PARAGRAPH FOR EITHER OPTION
A clearance includes a police check, licence, registration, clearance, permit, exemption or other authorisation under state or territory law, or that is required by DVA, that qualifies an individual to work with vulnerable persons.
8Compliance with the draft agreement
Unless you indicate non-acceptance of any part or clause in your response, you will be taken to accept the part or clause of the attached draft agreement.
A proposed variation may be advantageous, disadvantageous or neutral for DVA and will be considered in the evaluation of your tender. Innovative approaches to the delivery of services are encouraged.
If you have current insurance cover that differs from the requirements set out in the draft agreement at clause 22, describe your current insurance cover under this section. The preferred tenderer will also be required to accept responsibility for ensuring that subcontractors maintain appropriate insurance.
Note: Tenderers must provide copies of certificates of currency and details of limits on cover on request or before signing an agreement.
List the part or clause of the draft agreement that you do not accept and, in relation to each, state the reason for not accepting it and suggest an alternative wording or proposal.
Part/clause / Reason and alternative clause/sNote: Please note that a preferred tenderer will need to maintain this position during the drafting of a formal agreement. Varying from this position may be a reason for discontinuing negotiations and moving to another tenderer.
9Tenderer’s declaration
Complete, sign and lodge the ‘Tenderer’s Declaration’ included in this RFT or a form with the same content.
OR
If you are required to lodge the tender electronically, you are required to complete the ‘Tenderer’s Declaration’ and either:
(i)include a scanned signed copy with the electronic submission, or
(ii)address the signed paper original to the Project Manager and either hand delivers it to the Tender Box or send it through the mail as a postal article for placement in the Tender Box at the address:
Tender Box
Attention: Project Manager RFT No. xxxx
Department of Veterans’ Affairs
Lovett Tower
13 Keltie Street
Woden ACT 2606
The Tenderer’s Declaration must be received prior to the Closing Time.
REQUEST FOR TENDER No. *** **/20xx
TENDERER’S DECLARATION
I, [insert name and address of the person making the declaration] ………………………………………………………………………………………..… [if applicable] a director/trustee/partner of [entity name] …………………………………………………………………, do declare as follows:
a)[if applicable] that I have the necessary authority on behalf of [Tenderer's name] …………………………….. to make this declaration;
b)that to the best of my knowledge and belief, the information provided in the tender is true and correct;
c)that the terms and conditions of this tender are understood and accepted;
d)that, to the best of my information, knowledge and belief, the tender to which this declaration is appended has not been prepared with the benefit of:
(i)information obtained from a current or former officer or employee or contractors of the Commonwealth in circumstances that constitute a breach of an obligation of confidentiality or fidelity on the part of that person or a breach of section 70 of the Crimes Act 1914, or the Public Service Act 1999; or
(ii)information otherwise improperly obtained from the Commonwealth;
e)that the tenderer, its personnel, or entities related to the tenderer have not attempted and will not attempt, to influence improperly any employee or contractor of the Commonwealth in connection with the assessment of tenders;
f)that the tenderer is financially viable to provide the required services for the term of the agreement; and
g)that to the best of my knowledge and belief, there is no conflict of interest in lodging this tender or anticipated before the completion of the RFT process;
h)in relation to the Workplace Gender Equality Act 2012 (Cth), the Tenderer declares:
[NOTE TO TENDERERS: Strike through whichever options do not apply.]
(i)Yes, I am a relevant employer. I have attached a current letter of compliance as part of this submission which indicates my compliance with the Workplace Gender Equality Act 2012 (Cth).
(ii)Yes, I am a relevant employer. I will be providing a current letter of compliance prior to contract.
(iii)Yes, I am a relevant employer. I am not obliged to provide a letter of compliance for this tender. [NOTE: Delete this wording from template where the procurement is valued at $80,000 or above, or for all Deed of Standing Offer arrangements]
(iv)No, I am not a relevant employer.
(i) that the tenderer has not had a judicial decision against them (not including decisions under appeal) relating to employee entitlements and have not paid the claim.
......
[Signature of person making declaration]
Date...... ………………….
RULES AND INFORMATION GOVERNING THIS REQUEST FOR TENDER PROCESS
1The Veterans' Affairs portfolio
The Australian Government’s Veterans’ Affairs portfolio comprises a number of agencies responsible for carrying out government policy and implementing programs to fulfil Australia’s obligations to war veterans and their dependants. These include the Repatriation Commission, the Military Rehabilitation and Compensation Commission and the Department of Veterans’ Affairs (collectively called ‘DVA’). Amongst other things, the Department assists both Commissions in discharging their statutory responsibilities.
Further information is available about these agencies and this work at
2Purpose and explanation
[Insert purpose of RFT and provide background information that will be useful to the tenderer in preparing the submission.
Details of services, deliverables, standards and other contractual details should be included in the agreement as this links with ‘Compliance with the draft agreement’ above.]
Examples of matters that could be covered include:
- Type and term of agreement.
- Locations of current services.
- Demographic data of distribution of entitled persons.
- Statistical data about current levels of services.
- Problem to be solved not the solution so as to encourage creativity and innovation.
Consider an additional requirement, eg
DVA may require additional related services, as specified in an Official Order – refer to clause 27.2 of the Draft Agreement.
3Evaluation criteria and requirements
DVA will evaluate tenders against the following criteria
No / Criteria / Weighting1 / Insert criteria. These should match the tender requirements in form or substance except for conditions for participation. / [eg, Very High,
High, Medium or Low]
2
3
4
The following requirements will be used in the evaluation process
No / Requirements / Importance1 / Pricing –Prices offered will be assessed in conjunction with tenderer’s evaluation according to the above criteria to enable selection based on value for money. / [e.g., Very High, High, Medium or Low]
2 / Compliance with draft agreement
3 / Completion and lodgement of Tenderer’s Declaration / Yes/No
The selection of a preferred tenderer will be based on the most efficient and effective outcome for DVA. This involves assessing value for money and quality of service against this Request for Tender (RFT) and the policies included in the Commonwealth Procurement Rules available through the Internet site of the Australian Government Department of Finance:
4Protective security
Any resulting agreement will be subject to the Commonwealth Protective Security Policy Framework that is publicly available at
5Workplace Gender Equality Act 2012 (Cth)
(a)Tenderers should note that Commonwealth policy prevents the Commonwealth from entering into an agreement with a Tenderer who is non-compliant under the Workplace Gender Equality Act 2012 (Cth) (the WGE Act). Your organisation is covered by the WGE Act if it is a ‘relevant employer’, defined as being a non-public sector employer (including higher education institutions, trade unions and not-for-profit organisations) of 100 or more employees in Australia. For information about the coverage of the WGE Act, contact the Workplace Gender Equality Agency on (02) 9432 7000 or visit
(b)The draft agreement requires that, in performing any agreement, a successful Tenderer must:
(i) comply with its obligations, if any, under the WGE Act; and
(ii) if the term of the agreement exceeds 18 month, the successful Tenderer must provide a current letter of compliance within 18 months from the agreement commencement date and following this, annually to the DVA Delegate or DVA Contract Manager.
(c)Successful Tenderers should note that if during the term of the agreement, the contractor becomes non-compliant with the WGE ACT, the contractor must notify the DVA Delegate or DVA Contract Manager.
(d)Tenderers must indicate in the above Tenderer’s Declaration whether or not the organisation is a ‘relevant employer’ under the WGE Act and, if applicable, provide a current letter of compliance as part of their tender response, or prior to entering into an agreement.
6Tender Evaluation Panel
A Tender Evaluation Panel (TEP) will evaluate submissions in response to this RFT. The TEP will provide recommendations to the DVA Delegate, who is authorised to finalise a formal agreement for the provision of the required services.
7Tenderers to inform themselves
The onus is on a tenderer to understand the contents of this RFT and the implications of being involved in the RFT process.
DVA will not accept responsibility for any misunderstanding arising from a tenderer's failure to comply with the RFT, including the RFT rules, or any issues arising from ambiguity contained in any resulting tender.
The tenderer should ensure, and DVA accepts any tender on the condition, that the tenderer has:
(a)examined this RFT and any other information made available (in writing or electronically) by DVA to the tenderer for the purpose of preparing a tender;
(b)examined all further information which is obtainable through making reasonable enquiries (including via AusTender) regarding relevant risks, contingencies and other circumstances that may affect their tender;
(c)satisfied itself as to the correctness and sufficiency of the tender;
(d)satisfied itself to the nature and effect of any laws regulating the provision of the services; and
(e)involved itself in this tender process entirely at its own expense and without any costs being payable by DVA unless there is a specific agreement signed by a DVA authorised officer detailing the relevant costs or expenses.
8RFT enquiries
All questions about this RFT must be submitted by e-mail to the Project Manager, at the address shown on the RFT Cover Sheet, up to 5 clear business days prior to the tender Closing Time.
Approaches, direct or indirect, made to other DVA employees or contractors for information relevant to this RFT are prohibited and may be considered as grounds for exclusion from this RFT process.
DVA will publish all tenderers’ questions of substance and answers affecting this RFT on AusTender. The final release of answers to questions lodged will take place on the date identified in RFT timetable below.
9RFT timetable
Note that the last 3 dates are indicative only.
Activity/Event / DateAusTender advertisement / [Insert date]
Deadline for submission of questions / [Insert date]
Final release of answers to questions / [Insert date]
Closing Time / [Insert date]
Agreement signed / [Insert date]
Tenderers notified of outcome / [Insert date]
Unsuccessful tenderers debriefed / [Insert date]
10Lodgement requirements
Tenders must arrive at the lodgement place before the tender Closing Time as shown on the RFT Cover Sheet.