
Request for Tender A19/623
Southern Positioning Augmentation Network
ACT 1982
INFORMATION
Any questions regarding this RFT must be addressed in writing and otherwise in accordance with
clause 5 of this RFT to:
[email address]
Geoscience Australia may exclude a Tender from consideration if the Tenderer fails to comply with this
requirement.
Lodgement of Tenders
Closing Time: 3.00 pm, Canberra local time on 10 June 2020
Tenderers may wish to refer to
Selling to the Australian Government: Guide to Selling, available at
https://sellingtogov.finance.gov.au/guide
RELEASED UNDER THE OFFICIAL
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Table of Contents
General Information
4
1.
Background to this RFT
4
2.
Scope of Requirement
5
3.
About this Document
6
4.
AusTender, the Australian Government Tender System
6 1982
5.
Further Information about this RFT
6
6.
Variation of the RFT
7
ACT
What Tenderers Need to Do
7
7.
Tenderer Behaviour
7
8.
Industry Briefing
8
9.
Due Diligence
8
10.
Responsibility for Tendering Costs
9
11.
Condition for Participation
9
INFORMATION
12.
What the Tender Needs to Include
10
13.
Tender Closing Time and Date
12
14.
Late Tenders
12
15.
Lodging the Tender
12
16.
After Lodging the Tender
13
OFFICIAL
Geoscience Australia's Evaluation Process
13
17.
Step 1 – Screening
13
THE
18.
Step 2 – Detailed Evaluation against Evaluation Criteria
14
19.
Additional Steps
16
20.
Negotiations with Tenderers
17
UNDER
21.
Execution of Formal Agreement
18
22.
Advice to Unsuccessful Tenderers and Opportunity for Debriefing
18
General Conditions
18
23.
Ownership of RFT Documents
18
24.
Return or Destruction of Geoscience Australia’s Information
19
RELEASED
25.
Important Notices about this RFT
19
26.
Disclosure of Tender Information
20
27.
Government Procurement (Judicial Review) Act 2018 (Cth)
22
28.
Geoscience Australia’s Rights
22
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29.
Relevant Laws
23
30.
Workplace Gender Equality Act 2012 (Cth)
23
31.
Compliance with the Building Code
24
32.
Australian Government Building and Construction WHS Accreditation Scheme
25
33.
Indigenous Procurement Policy
25
34.
Modern Slavery
25 1982
35.
Employee Entitlements
25
36.
Lobbying Code of Conduct
26
ACT
37.
Small to Medium Enterprises
26
38.
Competitive Neutrality
26
39.
Prohibition of Illegal Workers
26
40.
Anti-Terrorism Measures
26
41.
Trade Sanctions
27
42.
Australian Industry Participation
28
43.
Public Interest Disclosure
28
INFORMATION
44.
Complaints Handling
29
45.
Dictionary and Interpretation
29
Schedule 1 – Statement of Requirement
34
Schedule 2 – Draft Contract
35
OFFICIAL
Schedule 3 – Tender Response Forms
36
THE
UNDER
RELEASED
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General Information
1. Background to this RFT
(a)
Geoscience Australia invites interested parties to submit Tenders to provide the required
products and services subject to the terms and conditions set out, or referred to, in this
RFT.
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(b)
This RFT is a single stage procurement activity (i.e. this is not a multi-stage procurement
process) undertaken in accordance with the
Commonwealth Procurement Rules.
(c)
Australia and New Zealand have committed to implementing an operational satellite based
ACT
augmentation system. This will be called the Southern Positioning Augmentation Network
(SPAN). The SPAN will augment standard positioning capability provided by GPS and
Galileo across all of Australia and New Zealand, with expected user applications in
agriculture, construction, resources, utilities and other industries; with decimetre accuracy.
It will also support aviation and road transport sectors, which have requirements for high-
integrity positioning data with sub-metre level accuracy.
(d)
This procurement process is administered by Geoscience Australia and is undertaken for
the benefit of Geoscience Australia and its New Zealand counterpart, Land Information
New Zealand (LINZ).
INFORMATION
(e)
Geoscience Australia is required to deliver the following broad outcomes in respect of the
SPAN:
(i)
enable Safety of Life operations in the aviation sector in Australia and New
Zealand, using L1 SBAS;
(ii)
high integrity positioning-guaranteed performance (sub-metre horizontal accuracy
in real time) for use in non-aviation industries in Australia and New Zealand, using
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Dual Frequency Multi Constellation (DFMC) SBAS; and
(iii)
high integrity precise positioning (decimetre horizontal accuracy over a
convergence time of about 40 minutes) for use in non-aviation industries in
THE
Australia and New Zealand, using Precise Point Positioning (PPP).
(f)
In respect of any works and services undertaken in New Zealand (for example, the
establishment of GRSs and potentially uplink facilities as well as their ongoing
maintenance), the SPAN will endeavour to deliver environmental, social, economic and
cultural benefits to New Zealand (called ‘broader outcomes’), including:
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(i)
creating opportunities for New Zealand Businesses including Māori, Pasifika and
regional businesses, as well as social enterprises which may include offering New
Zealand businesses the opportunity to bid to offer services, in particular services
related to infrastructure or service delivery in New Zealand;
(ii)
increasing access for New Zealand businesses to ICT contract opportunities;
(iii)
supporting the development of the size and skil s of New Zealand’s construction
RELEASED
workforce when engaging New Zealand construction providers by:
(A)
asking suppliers and their subcontractors what they can do over the life of
the contract to train new construction workers and develop the skills of
existing ones;
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(B)
considering the information Tenderers provide about construction skills
and training in their Tenders;
(C)
monitoring contracts to make sure suppliers and their subcontractors
deliver the training and skills development they agree to; and
(D)
considering the health and safety practices of suppliers and the training
they provide to workers to ensure their health and safety; and
(iv)
supporting positive environmental outcomes through sustainable procurement.
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2. Scope of Requirement
(a)
The SPAN is required to provide the following services, each of which must meet its
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applicable specified performance criteria:
(i)
L1 SBAS Open Service;
(ii)
L1 SBAS Internet Service;
(iii)
Safety of Life L1 SBAS service;
(iv)
Dual Frequency Multi Constellation (DFMC) Open service;
(v)
DFMC Internet Service;
(vi)
PPP Open Service; and
INFORMATION
(vii)
PPP Internet Service.
(b)
Geoscience Australia is seeking:
(i)
a technical solution capable of generating a satellite-broadcast signal-in-space,
with the scalability and extensibility to accommodate Australian and New
Zealand's specific requirements;
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(ii)
implementation services to establish a Satellite Based Augmentation System
(SBAS) for Australia and New Zealand (with the exception of securing land
access for Global Navigation Satellite System (
GNSS) Reference Stations);
THE
(iii)
operational services to sustain the SBAS for Australia and New Zealand aligned
with Australian and New Zealand service levels and key performance indicators,
including enhancements and upgrades; and
(iv)
the provision of both products and services by a single entity (a Prime Contractor)
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with a proven track record of having provided a comparable system under similar
circumstances, and the ability to provide in-country (Australia and New Zealand)
implementation and operational services, even if the Prime Contractor is fully
owned by a foreign entity with no or limited in-country (Australia) presence at the
time it submits its Tender.
(c)
Geoscience Australia requires services to be implemented in accordance with the
following timeline:
RELEASED (i) First signal-in-space provided no later than one (1) year after Contract award;
(ii)
Services progressively improved between one (1) and four (4) years after
Contract award;
(iii)
Safety-of-life services provided no later than four (4) years after Contract award;
and
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(iv)
Safety-of-life and open services provided for 15 years thereafter.
(d)
Geoscience Australia’s requirements are set out in more detail in the Statement of
Requirement set out in
Schedule 1.
(e)
Any contract entered into as a result of this RFT will be based on the Draft Contract set
out i
n Schedule 2.
3. About this Document
1982
(a)
This RFT comprises:
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(i)
the clauses in this document, which set out the conditions of tendering;
(ii)
Schedule 1 – Statement of Requirement;
(iii)
Schedule 2 – Draft Contract; and
(iv)
Schedule 3 – Tender Response Forms.
(b)
A checklist is provided at Attachment 1
to Schedule 3 to assist Tenderers in preparing
and submitting their Tenders. Tenderers are not required to upload this checklist as part of
their Tenders.
(c)
In this RFT, unless the contrary intention appears, words, abbreviations and acronyms
INFORMATION
have the meaning given to them in the dictionary at claus
e 45.
(d)
Where this RFT provides that Geoscience Australia 'may' do a thing, it may do so in its
sole and absolute discretion.
4. AusTender, the Australian Government Tender
System
OFFICIAL
(a)
AusTender is the Australian Government’s procurement information system. Access to,
and use of, AusTender is subject to terms and conditions. In participating in this RFT
THE
process, Tenderers must comply with those terms and conditions and any applicable
instructions, processes, procedures and recommendations, as advised on AusTender at
https://www.tenders.gov.au/infolinks/termsofuse.
(b)
All queries and requests for technical or operational support must be directed to:
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AusTender Help Desk
Telephone: 1300 651 698
International: +61 2 6215 1558
Email:
[email address]
The AusTender Help Desk is available between 9 am and 5 pm Canberra local time,
Monday to Friday (excluding ACT and national public holidays).
RELEASED
5. Further Information about this RFT
(a)
Tenderers must direct any questions arising during the preparation of a Tender or
requests for clarification in writing to
[email address].
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(b)
Geoscience Australia may refuse to answer any question received less than five business
days before the Closing Time.
(c)
Geoscience Australia will determine what, if any, response should be given in respect of a
Tenderer’s questions. Geoscience Australia may circulate Tenderers’ questions and
Geoscience Australia’s response to those questions to all other Tenderers without
disclosing the source or the questions or revealing any confidential information of a
Tenderer. Tenderers should identify in their questions what, if any, information in the
question the Tenderer considers is confidential. Inappropriate identification of information
as confidential will be considered by Geoscience Australia in determining what, if any,
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response will be given.
(d)
If a Tenderer believes it has found any ambiguity, discrepancy, inconsistency, error or
ACT
omission in this RFT, or in any other information given or made available by Geoscience
Australia, it should notify Geoscience Australia in writing as soon as reasonably
practicable after finding that ambiguity, discrepancy, inconsistency, error or omission and
in any event before the Closing Time.
(e)
After the Closing Time, Tenderers must continue to direct any questions regarding this
RFT in writing t
o [email address].
6. Variation of the RFT
(a)
In the event that Geoscience Australia elects to vary or supplement this RFT or change
INFORMATION
the conditions of tender, it will make reasonable efforts to inform Tenderers in accordance
with this clause.
(b)
Tenderers may be informed by notices and other information issued as addenda posted
on AusTender.
(c)
Tenderers are required to log in to AusTender and collect addenda as notified.
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(d)
Neither Geoscience Australia nor LINZ will accept any responsibility if a Tenderer fails to
become aware of any addendum notice which would have been apparent from a visit to
the AusTender page for this RFT.
THE
(e)
Each addendum forms part of this RFT upon issue.
What Tenderers Need to Do
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7. Tenderer Behaviour
(a)
Tenderers must not, and must ensure that their officers, employees, agents, contractors
and advisors do not, in relation to the preparation, lodgement or assessment of Tenders:
(i)
make false or misleading claims or statements;
(ii)
improperly obtain confidential information;
RELEASED (iii) receive improper assistance;
(iv)
engage in collusive tendering, anti-competitive conduct or other similar conduct
with any other Tenderer or other person; or
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(v)
attempt to improperly influence an officer of Geoscience Australia or LINZ, or
approach any Commonwealth or New Zealand officer, employee, contractor or
advisor other than in the manner set out in clause 5(a).
(b)
Geoscience Australia may exclude a Tender from consideration if the Tenderer fails to
comply with these requirements (see clause 17(c)(iii)).
(c)
For the purposes of clause
7(a)(iii), improper assistance includes any assistance provided
to Tenderers from current or former officers, employees, contractors or advisors of
Geoscience Australia or LINZ, or any other Commonwealth or New Zealand department
1982
or entity, in breach of an obligation of confidentiality owed to the Commonwealth and/or
New Zealand.
ACT
8. Industry Briefing
Note to Tenderers: The Australian Government is currently monitoring the respiratory
illness outbreak caused by a coronavirus (COVID-19). Geoscience Australia understands
that travel restrictions may affect Tenderers’ ability to attend an industry briefing in
person, and has determined a pre-recorded industry briefing to be appropriate.
(a)
Geoscience Australia will issue a pre-recorded industry brief via an addendum.
(b)
It is expected that the relevant addendum will be made available on, or prior to 31 March
2020.
INFORMATION
(c)
The industry briefing will provide Tenderers with background information only and
Tenderers must not in any way rely upon the information provided in the industry briefing
for the purposes of preparing, amending or negotiating their Tenders or entry into any
contract with Geoscience Australia arising from or in connection with this RFT.
(d)
Any statement made or information provided by or on behalf of Geoscience Australia in
the pre-recorded industry briefing may not be taken as amending or adding to this RFT
OFFICIAL
unless that amendment or addition is confirmed by Geoscience Australia in writing in
accordance with claus
e 6.
THE
9. Due Diligence
(a)
This RFT does not constitute business, investment, legal or tax advice.
(b)
In submitting its Tender, each Tenderer acknowledges that it has examined all material
contained or referred to in this RFT. Each Tenderer should independently satisfy itself as
UNDER
to the accuracy of the information in this RFT and provided at the industry briefing, and
should conduct its own enquiries, investigations, analysis and appraisal of, and should
seek appropriate professional advice about, this RFT, including:
(i)
the information in, or provided in connection with, this RFT including at the
industry briefing;
(ii)
the services detailed in the Statement of Requirement;
(iii)
the terms and conditions of the Draft Contract; and
RELEASED (iv) any assumptions, uncertainties and contingencies which may affect Geoscience
Australia’s and LINZ's future requirements.
(c)
Geoscience Australia may not accept a Tender that is made subject to any due diligence
or other investigation to be performed after the Tender is lodged.
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(d)
Tenderers will be deemed to have made their own enquiries regarding the requirements
and contents of this RFT prior to lodging their Tenders.
10. Responsibility for Tendering Costs
(a)
All expenses and costs incurred by a Tenderer in connection with this RFT, or in relation
to any matter concerning this RFT, are the sole responsibility of the Tenderer, including:
(i)
preparing and lodging a Tender;
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(ii)
providing Geoscience Australia with further information (if required);
(iii)
giving presentations (if required);
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(iv)
attending interviews (if required);
(v)
participating in any other verification activities or offer definition and improvement
activities required by Geoscience Australia after the Closing Time; and
(vi)
participating in any subsequent negotiations.
(b)
Subject to any liability arising under the
Government Procurement (Judicial Review)
Act 2018 (Cth), each of Geoscience Australia and LINZ will not be responsible in any
circumstances for any costs or other compensation in relation to:
(i)
the consideration of this RFT;
INFORMATION
(ii)
lodgement of any Tender or participation in the RFT process by any Tenderers; or
(iii)
where Geoscience Australia takes any action permitted under this RFT, including
any exercise of Geoscience Australia’s rights under clause 28.
11. Condition for Participation
OFFICIAL
(a)
Geoscience Australia will exclude a Tender from further consideration, in accordance with
clause 17, if the Tenderer does not meet the following condition for participation:
No.
Condition for Participation
THE
1.
The Tenderer must either:
(i)
hold a Valid and Satisfactory Statement of Tax Record (STR) as
referred to in Attachment 3 to Schedule 3, as applicable to the
Tenderer, by the Closing Time; or
UNDER (ii)
hold a receipt demonstrating that the STRs referred to in Attachment
3 to Schedule 3, as applicable to the Tenderer, have been requested
from the Australian Taxation Office by the Closing Time, and hold
those STRs no later than four (4) business days after the Closing
Time,
and must hold a Valid and Satisfactory STR for any first tier subcontractor that it
proposes, as part of its Tender, to engage to deliver goods or services with an
RELEASED
estimated value of over A$4 million (GST inclusive).
Note to Tenderers: Tenderers should refer to Attachment 3 to Schedule 3 for
further information about how to meet this Condition for Participation.
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12. What the Tender Needs to Include
12.1 Minimum Content and Format Requirements
(a)
Tenders must satisfy the Minimum Content and Format Requirements. Subject to
clause 19.1(c), if a Tender does not satisfy the Minimum Content and Format
Requirements, it will be excluded from consideration (see clause 17).
(b)
The Minimum Content and Format Requirements are set out in the following table:
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No.
Minimum Content and Format Requirement
1.
The Tender must include a complete and signed Tenderer’s Declaration
substantially in the form specified at Attachment 2 to Schedule 3.
ACT
2.
The Tender must include a copy of either:
(i) the Valid and Satisfactory STR referred to in Attachment 3 to Schedule 3, as
applicable to the Tenderer; or
(ii) a receipt issued by the Australian Taxation Office demonstrating that the STR
(referred to in paragraph (i) above) has/have been requested from the
Australian Taxation Office in respect of the Tenderer, in which case the
required Valid and Satisfactory STR must be provided within four (4) business
days from the Closing Time by email to
[email address].
3.
The Tender must include an Indigenous Participation Plan (refer to Attachment 7 to
INFORMATION
Schedule 3).
4.
The Tender must include a completed Declaration of Compliance with the Building
Code, substantially in the form specified at Attachment 13 to Schedule 3.
12.2 Use the Attachments
OFFICIAL
(a)
A Tender must use the Attachments to Schedule 3. The following table provides
instructions with respect to each Attachment:
THE
Attachment
Instructions
Attachment 1 – Checklist
Complete and do not submit Attachment 1
Attachment 2 – Tenderer’s
Submit a Tenderer’s Declaration substantially in the
Declaration
form set out in Attachment 2
Attachment 3 – Statement of Tax
Submit the required Valid and Satisfactory Statement
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Record
of Tax Record/s (STRs)
Attachment 4 – Executive Summary
Submit an Executive Summary
Attachment 5
Complete and submit Parts 1 and 2 of Attachment 5
Part 1 – Feasibility and Suitability of
Technical Solution
Part 2 – Ability to Deliver Functional
and Performance Specifications
RELEASED Attachment 6 – Capability and
Complete and submit Attachment 6
Capacity
Attachment 7 – Indigenous
Complete and submit Attachment 7
Participation Plan
Attachment 8 – Economic Benefit
Complete and submit Attachment 8
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Attachment 9 – Pricing Schedule
Complete and submit Attachment 9
Attachment 10 – Insurance
Complete and submit Attachment 10
Note to Tenderers: If a Tenderer does not provide
any part or the whole of the information requested in
Attachment 10, the Tenderer will be deemed to have
offered to provide the Insurances identified in
Schedule 8 of the Draft Contract on the terms set out
in clause 27 and Schedule 8 to the Draft Contract.
Attachment 11 – Compliance
Complete and submit Attachment 11
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Statements
Tenderers must also submit (in Microsoft Word
format) a marked-up version of the Draft Contract
including all Schedules, Attachments and Annexes
ACT
using the track changes function in Microsoft Word.
Note to Tenderers: If a Tender does not include a
complete Compliance Table in the form set out in
Attachment 11, the Tenderer will be deemed to have
agreed with all provisions of the Draft Contract
(including its associated Schedules, Appendices,
Attachments and Annexes).
Attachment 12 – Confidential
Complete and submit Attachment 12
Information
Note to Tenderers: If a Tender does not include a
document addressing the information on confidential
information as required by Attachment 12, the
INFORMATION
Tenderer is taken to agree that none of the
information in its Tender is confidential.
Attachment 13 – Declaration of
Submit a Declaration of Compliance substantially in
Compliance with Building Code
the form set out in Attachment 13
12.3 Alternative Tenders
(a)
Geoscience Australia may consider a Tender that does not fully conform with the RFT or
OFFICIAL
the Statement of Requirement (
Alternative Tender) if:
(i)
the Tenderer also lodges a Tender that conforms with the RFT; and
THE
(ii)
the Alternative Tender:
(A)
proposes a solution that satisfies the functional and performance
specifications, or otherwise meets the desired outcomes of the
procurement;
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(B)
separately identifies, in detail, the proposed alternative approach and
solution;
(C)
clearly specifies each instance of change (including the effect of the
change on the tendered price); and
(D)
clearly states the reasons for each instance of change and how the
change is more beneficial to Geoscience Australia and achieves superior
value for money.
RELEASED
(b)
Failure to provide the information requested in claus
e 12.3(a)(ii) may result in Geoscience
Australia not considering the Alternative Tender.
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12.4 Consortium Tenders
A consortium may submit a Tender on the basis that one legal entity will take full responsibility
and act as the lead Tenderer. The Tender should provide full details of that legal entity, the
consortium members and any proposed subcontractors when submitted by the consortium of
Tenderers.
13. Tender Closing Time and Date
(a)
Tenders must be lodged before the Closing Time.
1982
(b)
The Closing Time will also be displayed on the relevant AusTender webpage together with
a countdown clock that displays in real time the amount of time until the Closing Time (for
ACT
more information, please see the AusTender Terms of Use). For the purposes of
determining whether a Tender has been lodged before the Closing Time, the countdown
clock will be conclusive.
14. Late Tenders
(a)
Any Tender (or part of a Tender) lodged after the Closing Time, other than those Tenders
(or parts of a Tender) which are late solely due to mishandling by Geoscience Australia,
will be deemed to be a late tender (
Late Tender).
(b)
Late Tenders will not be admitted to the evaluation process.
INFORMATION
(c)
For the avoidance of doubt, any Tenders received at a location other than AusTender will
be deemed to be a Late Tender.
15. Lodging the Tender
15.1 Electronic Lodgement OFFICIAL
Tenders must be lodged electronically via AusTender
at https://www.tenders.gov.au before the
Closing Time and in accordance with the Tender lodgement procedures set out in this RFT and
on AusTender.
THE
15.2 File Format, Name and Size
(a)
File format: Geoscience Australia will accept Tenders lodged in any file format that can
be viewed and edited in a Microsoft Office application, unless otherwise approved by the
Contact Officer in writing prior to the Closing Time (e.g., Tenders may include plans,
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programs and financial statements that cannot be opened and viewed in a Microsoft Office
application).
(b)
The Tenderer must also submit a copy of their Tender in PDF (searchable) format.
However, this is not a Minimum Content and Format Requirement.
(c)
File names: The Tender file name/s:
(i)
should incorporate the Tenderer’s name;
RELEASED (ii) should reflect the various parts of the Tender they represent, if the Tender
comprises multiple files;
(iii)
cannot contain special characters including \ / : * ? “ < > | . Check your files and
re-name them if necessary; and
(iv)
cannot exceed 100 characters including the file extension.
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(d)
Tenders should be completely self-contained. No hyperlinked or other material should be
incorporated by reference. If hyperlinked or other material is incorporated by reference,
Geoscience Australia may not take that material into consideration when evaluating the
Tender.
(e)
Scanned or Imaged Material, including Declarations and Declarations of
Compliance: In the event that Geoscience Australia requires clarification of a Tenderer’s
Tender, the Tenderer may be required to courier or security post the originals of the
signature and/or initialled pages to Geoscience Australia.
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(f)
Tender files should not exceed a combined file size of 25 megabytes per upload.
16. After Lodging the Tender
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16.1 Correcting Tenders or providing additional information
If, after lodgement, a Tenderer becomes aware of any discrepancy, error or omission in its
Tender, it may submit a correction or provide additional information. The correction or additional
information must be provided by the Closing Time and lodged electronically using AusTender.
16.2 Tender Validity Period
In lodging a Tender, the Tenderer acknowledges that its Tender remains valid and open for
acceptance by Geoscience Australia for a period of twelve (12) months after the Closing Time.
16.3 Ownership of Tender documents
INFORMATION
(a)
All Tender documents become the property of Geoscience Australia on lodgement.
However, subject to claus
e 16.3, ownership of the intellectual property in the Tender
documents will remain unchanged.
(b)
Geoscience Australia may use, copy and modify the Tender documents as required for
the purposes of the RFT process, including to evaluate Tenders, negotiate and prepare
OFFICIAL
any agreement, and to comply with audit requirements and governmental and
parliamentary reporting requirements, including requests for information by Parliament or
Parliamentary Committees.
THE
16.4 Publicity
(a)
Except with the prior written approval of Geoscience Australia, Tenderers must not make
a statement, issue any document or material or provide any other information for
publication in any media, concerning participation in this Tender process, Tender
evaluation, the acceptance of any Tender, commencement of negotiations, creation of a
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shortlist, or notification that a Tenderer is a Preferred Tenderer.
(b)
Geoscience Australia may exclude a Tender from further consideration if the Tenderer
does not comply with this requirement.
Geoscience Australia's Evaluation Process
17. Step 1 – Screening
RELEASED
(a)
Geoscience Australia will screen all Tenders received for completeness, unintentional
errors of form and compliance with this RFT.
(b)
Geoscience Australia will exclude a Tender from consideration if:
(i)
subject to claus
e 13, the Tender is lodged after the Closing Time;
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(ii)
the Tenderer does not satisfy the Condition for Participation;
(iii)
subject to claus
e 19.1(c), the Tender does not meet the Minimum Content and
Format Requirements;
(iv)
the Tender includes electronic files that cannot be read or decrypted;
(v)
the Tender is lodged electronically and is found to contain a virus, worm or other
disabling feature; or
(vi)
Geoscience Australia reasonably believes the Tender potentially contains any
1982
virus, malicious code or anything else that might compromise the integrity or
security of AusTender and/or Geoscience Australia’s computing environment.
(c)
Geoscience Australia may at any time exclude a Tender from consideration if:
ACT
(i)
the Tender is incomplete or clearly not competitive against the Evaluation Criteria;
(ii)
prices are not clearly and legibly stated; or
(iii)
the Tenderer or Tender does not comply with this RFT.
18. Step 2 – Detailed Evaluation against Evaluation
Criteria
(a)
Conforming Tenders will be assessed on the basis of value for money through the
INFORMATION
application of the following Evaluation Criteria (which are unweighted unless specified
otherwise):
(i)
Project management. The extent to which the Tenderer can demonstrate that it
understands and has the ability to provide Project Management (40% weighting)
(noting that the type of information Geoscience Australia is seeking is outlined in
Part 1 of Attachment 5 to Schedule 3).
OFFICIAL
(ii)
Service Management. The extent to which the Tenderer can demonstrate that it
understands and has the ability to provide Service Management (25% weighting)
(noting that the type of information Geoscience Australia is seeking is outlined in
THE
Part 1 of Attachment 5 to Schedule 3).
(iii)
Functional and Performance Specifications. The extent to which the Tenderer
can demonstrate that it understands and has a suitable proposed approach to
delivering the Functional and Performance Specifications (20% weighting) (noting
that the type of information Geoscience Australia is seeking is outlined in Part 2 of
UNDER
Attachment 5 to Schedule 3).
(iv)
Demonstrated experience. The extent to which the Tenderer can demonstrate a
strong and consistent capacity through relevant experience in delivering services
similar to those Services outlined in the Statement of Requirements (5%
weighting) (noting that the type of information Geoscience Australia is seeking is
outlined in Attachment 6 to Schedule 3).
(v)
Resource Management and Personnel. The suitability of proposed key
RELEASED
personnel including proposed role in delivery, the nature and extent of
qualifications and experience in carrying out similar work, and the suitability of
any proposed subcontractors (10% weighting) (noting that the type of information
Geoscience Australia is seeking is outlined in Attachment 6 to Schedule 3).
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(vi)
Indigenous Participation. The Tenderer’s past performance and/or
demonstrated commitment in relation to increasing Indigenous participation,
including, where relevant, by having regard to the Tenderer’s past compliance
with any mandatory minimum requirements; and the extent to which the
Tenderer’s proposed Indigenous Participation Plan will meet the mandatory
minimum requirements (noting that the type of information Geoscience Australia
is seeking is outlined in Attachment 7 to Schedule 3).
Note to Tenderers: A Tenderer that has no past experience with any mandatory
minimum requirements will not be disadvantaged by this alone. Its response will
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be assessed on other actions it has taken in the past to increase Indigenous
participation and on its proposed Indigenous Participation Plan.
ACT
Note to Tenderers: Submission of an Indigenous Participation Plan is a Minimum
Content and Format Requirement of this RFT.
(vii)
Economic Benefit. The extent to which the Tender offers economic benefit to the
Australian economy (noting that the type of information Geoscience Australia is
seeking is outlined in Attachment 8 to Schedule 3).
(viii)
Price. The extent to which the Tenderer’s costs and pricing contributes to value
for money for the Australian Government (noting that the type of information
Geoscience Australia is seeking is outlined in Attachment 9 to Schedule 3). This
includes consideration of all costs, fees, allowances and charges associated with
the implementation and completion of the obligations set out in the Draft Contract.
INFORMATION
(ix)
Risk. Any other risks associated with the Tenderer’s Tender not assessed in
relation to the other Evaluation Criteria and which Geoscience Australia considers
relevant including but not limited to:
(A)
compliance with the Draft Contract: the extent to which the Tenderer
complies with the Draft Contract;
OFFICIAL
(B)
financial viability: the extent to which the Tenderer’s financial and
corporate viability (including that of its proposed subcontractors,
consortium members and any parent company, joint venture partner or
THE
partners) supports the provision of the Services, including any
investigations, breaches and proceedings related to financial and
corporate viability;
(C)
insurance: the extent to which the Tenderer’s proposed insurance is
adequate and suitable; and
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(D)
other risks: any other relevant risk to Geoscience Australia or LINZ
including but not limited to any actual or perceived conflict of interest, or
national security risks.
(b)
Geoscience Australia is not obliged to accept the lowest priced Tender. Price is not the
sole factor when assessing value for money. Assessing value for money in accordance
RELEASED with the
Commonwealth Procurement Rules involves considering relevant financial and
non-financial costs and benefits of each conforming Tender. For this RFT, this may
include, but is not limited to:
(i)
the quality and fitness for purpose of the Tenderer’s proposal (technical worth of
Tenders against the scored and weighted evaluation criteria);
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(ii)
financial assessment of the pricing information included in the Tender;
(iii)
the extent to which the Tenderer's proposed Indigenous Participation Plan will
meet the mandatory minimum requirements;
(iv)
the extent to which potential economic benefit to the Australian economy
proposed in the Tender may be achieved;
(v)
the extent to which the Tenderer’s proposal meets the broader outcomes referred
to in claus
e 1(f) in respect of works and services undertaken in New Zealand; and 1982
(vi)
any other risks that Geoscience Australia considers relevant.
19. Additional Steps
ACT
19.1 Clarification, Additional Information and Corrections
(a)
After the Closing Time, Geoscience Australia may engage in any discussions with, or seek
clarification on any matter from, any Tenderer.
(b)
Geoscience Australia may require a Tenderer to submit additional information to allow
further consideration of its Tender.
(c)
Notwithstanding anything to the contrary in this RFT, if Geoscience Australia considers
that there is an unintentional error of form in a Tender, Geoscience Australia may give the
Tenderer an opportunity to correct the error. If Geoscience Australia gives a Tenderer an
INFORMATION
opportunity to correct an unintentional error of form, it will give the same opportunity to all
Tenderers in the same position.
(d)
Geoscience Australia may require one or more Tenderers to submit a best and final offer.
19.2 Independent Inquiries
(a)
Geoscience Australia may make independent enquiries in relation to any matters that may
OFFICIAL
be relevant to the evaluation of any Tender.
(b)
Geoscience Australia reserves the right to contact Tenderers' referees, or any other
person, directly and without notifying Tenderers, for the purpose of verifying or validating
THE
any claims made by a Tenderer in its Tender.
19.3 Shortlisting
Geoscience Australia may shortlist Tenders at any time.
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RELEASED
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19.4 Verification Activities
(a)
Some or all Tenderers may be required by Geoscience Australia to:
(i)
give a presentation;
(ii)
attend an interview;
(iii)
provide a prototype or solution demonstration; or
(iv)
participate in any other verification activities or offer definition and improvement
activities.
1982
(b)
Geoscience Australia may undertake a visit to some or all Tenderers' sites as part of its
evaluation process.
ACT
(c)
The requirements, if any, for Tenderer presentations, interviews, site visits or solution
demonstrations will be notified to the relevant Tenderers by Geoscience Australia after the
Closing Time.
19.5 Security, Probity and Financial Checks
(a)
Geoscience Australia may conduct such security, probity and financial (including credit)
checks as it deems necessary on Tenderers, their partners, contractors, associates or
related entities (including consortium members) or its or their officers or employees, for
the purpose of evaluating Tenders or at any other stage of the RFT process.
These
checks may require individuals to sign forms verifying information relating to that individual
INFORMATION
and authorising the provision of confidential or personal information and the relevant
Tenderer will provide those forms as soon as reasonably practicable after receipt of
Geoscience Australia’s request to do so.
(b)
Tenderers must provide, at their own cost and risk, all reasonable assistance required by
Geoscience Australia in undertaking and conducting any security, probity and financial
checks.
OFFICIAL
(c)
Geoscience Australia reserves the right to request any Tenderer to provide financial
statements and other information relevant to determining the financial viability of that
Tenderer, its partners, contractors, associates, or related entities, including consortium
THE
members or its or their officers and employees. The relevant Tenderer must provide those
financial statements and other information as soon as is reasonably practicable after
receipt of a request to do so from Geoscience Australia.
20. Negotiations with Tenderers
UNDER
(a)
After the Closing Time, Geoscience Australia may enter into negotiations with any one or
more Tenderers.
(b)
Without limiting clause 20(a), during any negotiations, Geoscience Australia may engage
in detailed discussions with the goal of maximising the benefits to Geoscience Australia,
as measured using the Evaluation Criteria.
(c)
Without limiting its other rights under this RFT, if in Geoscience Australia's view during
RELEASED any negotiations a Tenderer retracts, or attempts to retract, positions discussed and
finalised under which material business, financial, technical and legal issues were
resolved during those negotiations, Geoscience Australia may:
(i)
exclude the Tenderer’s Tender from the RFT process;
(ii)
discontinue negotiations with that Tenderer;
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(iii)
re-enter negotiations with other Tenderers (including or excluding that Tenderer
and other shortlisted Tenderers); or
(iv)
exercise any other right which Geoscience Australia may have under law or
arising from or in connection with or as specified in this RFT.
21. Execution of Formal Agreement
(a)
No binding contract, express or implied or any other understanding (including any form of 1982
contractual, quasi-contractual or restitutionary rights or rights upon similar legal or
equitable grounds) will exist between Geoscience Australia and a Tenderer unless and
until Geoscience Australia signs a written contract with a successful Tenderer (if any).
ACT
(b)
Clause
21(a) does not apply to a Tenderer's Declaration or Declaration of Compliance
executed by a Tenderer.
(c)
If the circumstances of the RFT process give rise to a pre-award or process contract,
contrary to claus
e 21(a), Geoscience Australia’s liability for breaching the pre-award or
process contract is limited to expenditure reasonably incurred by the relevant Tenderer in
preparing its Tender, and does not include liability for any loss of profits, anticipated profit,
revenue, business, opportunity, failure to realise any anticipated savings, or any indirect,
special incidental or consequential damages of any nature, in each case whether based in
contract, tort (including negligence), equity, strict liability, statute or otherwise arising from
or in connection with this RFT, or any other Losses or Liabilities (each as defined under
INFORMATION
the Draft Contract) of the Tenderer.
22. Advice to Unsuccessful Tenderers and Opportunity for
Debriefing
(a)
After Geoscience Australia has finalised a contract with the successful Tenderer (if any),
OFFICIAL
or the RFT process has otherwise ended, Geoscience Australia will notify all Tenderers of
the outcome of the RFT process in writing.
(b)
Tenderers may, after they have been notified of the outcome of the RFT, request a
THE
debriefing from Geoscience Australia. Geoscience Australia will provide a debrief to the
Tenderers at such time and in such manner as Geoscience Australia considers
appropriate.
(c)
Tenderers will be debriefed against the Evaluation Criteria in this RFT. Tenderers will not
be provided with information concerning other Tenderers or Tenders, except for publicly
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available information and except in so far as comparative statements can be made without
breaching confidentiality.
General Conditions
23. Own
RELEASED ership of RFT Documents
(a)
All documents comprising this RFT remain the property of Geoscience Australia. Each
Tenderer is permitted to use them only for the purpose of compiling a Tender and, where
relevant, negotiating the terms of a contract with Geoscience Australia.
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(b)
All copyright and other intellectual property rights contained in this RFT are and remain
vested in Geoscience Australia and any third party who has given Geoscience Australia
permission to incorporate them in this RFT.
24. Return or Destruction of Geoscience Australia’s
Information
Geoscience Australia may, at any stage, require all written or electronically stored information
1982
(whether confidential or otherwise and without regard to the type of media on which such
information was provided to any Tenderer) provided to Tenderers (and all copies of such
information made by or on behalf of Tenderers) for the purpose of participating in this RFT
process to be:
ACT
(a)
returned to Geoscience Australia – in which case the Tenderer must promptly return all
such information to the address identified by Geoscience Australia; or
(b)
destroyed by the Tenderer—in which case the Tenderer must promptly destroy all such
information and provide Geoscience Australia with written certification that the information
has been destroyed.
25. Important Notices about this RFT
(a)
By submitting a Tender to Geoscience Australia pursuant to this RFT, the relevant
INFORMATION
Tenderer is deemed to have acknowledged that:
(i)
it has examined the RFT, any documents referred to in it, and any other
information made available in writing by or on behalf of Geoscience Australia to
Tenderers for the purpose of participating in the RFT process;
(ii)
this RFT is designed to summarise information concerning Geoscience Australia's
OFFICIAL
requirements only and is not necessarily a comprehensive description of
Geoscience Australia’s requirements;
(iii)
to the maximum extent permitted by law, neither Geoscience Australia, LINZ nor
THE
its or their officers, employees, contractors, advisers or agents will in any way be
liable to any person or body for any cost, expense, loss, claim or damage of any
nature arising out of or in connection with any information, statements, opinions,
projections, forecasts or other representations, actual or implied, contained in or
omitted from this RFT, or by reason of any reliance on them by any person or
body;
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(iv)
it has sought and examined all necessary information which is obtainable by
making reasonable enquiries relevant to Geoscience Australia’s requirements,
including the risks and other circumstances that may affect its Tender;
(v)
it did not rely on any express or implied statement, warranty or representation,
whether oral, written or otherwise, made by or on behalf of Geoscience Australia
other than as expressly contained in this RFT or an addendum to this RFT issued
by Geoscience Australia;
RELEASED
(vi)
it did not use the improper assistance of any current or former officers,
employees, contractors or advisers of Geoscience Australia or LINZ;
(vii)
it has satisfied itself as to the correctness and sufficiency of its Tender; and
(viii)
it will comply with the terms and conditions set out in this RFT.
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(b)
Geoscience Australia believes the contents of this RFT to be accurate at the date of this
RFT. The accuracy of any statements, opinions, projections, forecasts, representations or
other information (Statements) contained in this RFT may change. Where any Statement
relates to future matters, no steps have been taken to verify that the Statement is based
on reasonable grounds, and, to the maximum extent permitted by law, no representation
or warranty, expressed or implied, is made by Geoscience Australia, or any of its officers,
employees, contractors, advisers or agents that the Statement is accurate.
26. Disclosure of Tender Information
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26.1 Freedom of Information
(a)
Tenderers should be aware that the
Freedom of Information Act 1982 (Cth) and the
ACT
Official Information Act 1982 (the equivalent New Zealand legislation) give members of the
public rights of access to official documents. The
Freedom of Information Act 1982 (Cth)
and the
Official Information Act 1982 (NZ) extend, as far as possible, rights to access
information (generally documents) in the possession of the Commonwealth, limited only
by considerations for the protection of essential public interest and of the private and
business affairs of entities in respect of whom the information is collected and held by
departments and public authorities. Under the
Official Information Act 1982 (NZ),
information held by Ministers and specified government agencies is entitled to be withheld
in certain circumstances.
(b)
Tenderers should obtain, and will be deemed to have obtained, their own advice on the
INFORMATION
impact of the
Freedom of Information Act 1982 (Cth) and the
Official Information Act 1982
(NZ) on their participation in the RFT process.
26.2 Disclosure of Contracts
Geoscience Australia is subject to a number of specific requirements that support internal and
external scrutiny of its tendering and contracting processes. These include requirements to:
OFFICIAL
(a)
publish details of its agreements, Commonwealth contracts and standing offers with an
estimated liability of $10,000 or more in AusTender;
(b)
report a list of contracts valued at $100,000 or more, and to identify confidentiality
THE
requirements in accordance with the Senate Order on Department and Agency Contracts;
and
(c)
publish information about certain procurements in Annual Reports.
By submitting its Tender, each Tender agrees to Geoscience Australia publishing those details,
UNDER
providing that report or publishing that information.
26.3 Subcontractors
(a)
Geoscience Australia is required under the Commonwealth Procurement Rules to make
available, on request by any person, the details of any subcontractors engaged by a
contractor in the performance of a Commonwealth contract for procurement.
(b)
In submitting a Tender, a Tenderer is deemed to have consented to the public disclosure
RELEASED of the name, ABN and address of, and work to be performed by, any proposed
subcontractor, and to have confirmed that all proposed subcontractors have consented to
the disclosure of this information if the Tenderer is selected to enter into a contract with
Geoscience Australia for the provision of the goods or services described in this RFT.
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26.4 Confidentiality
(a)
Tenderers may specify information contained in their Tender that it considers to be
confidential information, and subject to this clause 26.3, Geoscience Australia will treat
such information as confidential, and will only use that information for the purposes of the
RFT process.
(b)
Geoscience Australia may, without notifying any Tenderer, disclose or allow the disclosure
of, at any time, any information provided by a Tenderer, including any part of the whole of
its Tender:
1982
(i)
to Geoscience Australia’s advisers, or employees for the sole purpose of
evaluating or otherwise assessing the Tender and any other purpose arising from
or in connection with this RFT and managing any resulting contract (if any);
ACT
(ii)
to Geoscience Australia’s internal management personnel for purposes related to
the RFT process;
(iii)
to the responsible Minister;
(iv)
in response to a request by a House or a Committee of the Parliament of the
Commonwealth ;
(v)
within Geoscience Australia, or with another department or agency, if this serves
the Commonwealth’s legitimate interests;
(vi)
where information is authorised or required by any law to be disclosed; or
INFORMATION
(vii)
where the information is in the public domain otherwise than by a Commonwealth
disclosure.
(c)
Following contract award (if any), clause 26.4(a) will cease to apply to a successful
Tenderer. After that time, Geoscience Australia will only keep information provided by a
successful Tenderer confidential if:
OFFICIAL
(i)
the Tenderer requested in the Tender that specific information be kept
confidential;
(ii)
the specific information is by its nature confidential; and
THE
(iii)
Geoscience Australia agrees to that request.
(d)
Tenderers should indicate in their response (see Attachment 12 to
Schedule 3) what
information they consider should be protected as confidential information following
contract award, if selected as the successful Tenderer, and the reasons why they consider
UNDER
that information is confidential. Tenderers should understand that Commonwealth policy is
that information should not be subject to an obligation of confidence unless there is a
good reason to do so. In this regard, Tenderers should have regard to the Department of
Finance’s publication “Additional Reporting on Confidentiality” (available at
https://www.finance.gov.au/government/procurement/buying-australian-
government/additional-reporting-confidentiality).
(e)
information that Geoscience Australia agrees to keep confidential following contract award
RELEASED will be described in the contract entered into with the successful Tenderer (if any).
26.5 Australian National Audit Office
(a)
The attention of Tenderers is drawn to the
Auditor-General Act 1997 (Cth), which provides
the Auditor-General or an authorised person with a right to have, at all reasonable times,
access to information, documents and records.
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(b)
Tenderers should obtain, and will be deemed to have obtained, their own advice on the
impact of the
Auditor-General Act 1997 (Cth) on their participation in the RFT process.
27. Government Procurement (Judicial Review) Act 2018
(Cth)
(a)
The attention of Tenderers is drawn to the
Government Procurement (Judicial Review) Act
2018 (Cth), which provides Tenderers a right to submit a complaint about the RFT process 1982
if a Tenderer has reason to believe that:
(i)
the Commonwealth or an official of the Commonwealth has engaged, is engaging
or is proposing to engage in any conduct in contravention of the ‘relevant
ACT
Commonwealth Procurement Rules’ as described in section 18 of the
Government Procurement (Judicial Review) Act 2018 (Cth) in relation to this RFT
process; and
(ii)
the interests of the Tenderer are affected by the conduct.
(b)
A Tenderer may submit a complaint under section 18 of the
Government Procurement
(Judicial Review) Act 2018 (Cth) in writing
to [email address].
(c)
Where requested by Geoscience Australia, the Tenderer must do all things reasonably
necessary to cooperate with Geoscience Australia (including providing information or
answering questions) in the investigation and attempted resolution of any complaint in
INFORMATION
respect of this RFT process.
(d)
A public interest certificate under the
Government Procurement (Judicial Review) Act
2018 (Cth) in relation to the RFT process is not presently in force; however, Geoscience
Australia may issue a public interest certificate under section 22 of the Act at any time
during the RFT process (including after any complaint has been made by a Tenderer
under this claus
e 27), in which case Geoscience Australia will notify all Tenderers of the
OFFICIAL
issue of the public interest certificate by notice published on AusTender.
(e)
Without limiting the operation of the
Government Procurement (Judicial Review) Act 2018
(Cth), if a Tenderer makes a complaint under this claus
e 27 and at the time of the
THE
complaint no public interest certificate is in force in relation to this RFT process,
Geoscience Australia may suspend this RFT process in accordance with section 20 of the
Government Procurement (Judicial Review) Act 2018 (Cth) by notice to all Tenderers
published on AusTender.
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28. Geoscience Australia’s Rights
Without limiting its rights at law or otherwise, Geoscience Australia may at any time:
(a)
amend this RFT;
(b)
seek amended Tenders or call for new Tenders;
(c)
suspend or discontinue the RFT process (including during negotiations), if Geoscience
Australia considers that:
RELEASED
(i)
it is in the public interest to do so;
(ii)
no Tender meets the Minimum Content and Format Requirements;
(iii)
no Tenderer meets the Condition for Participation;
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(iv)
no Tenderer is fully capable of undertaking a contract in the form of the Draft
Contract; or
(v)
no Tender represents value for money;
(d)
before final selection (with or without shortlisting), enter into discussions or negotiations
with one or more Tenderers (including parallel negotiations with more than one Tenderer
or negotiations with all Tenderers without shortlisting);
(e)
discontinue negotiations with any Tenderer at any time for any reason;
1982
(f)
require additional information or clarification from any Tenderer or anyone else;
(g)
shortlist one or more Tenders or Tenderers;
ACT
(h)
provide additional information or clarification to one or more Tenderers;
(i)
negotiate with any person who is not a Tenderer and enter into a contract with that person
on such terms as Geoscience Australia in its absolute discretion accepts, in
circumstances where limited tendering is permitted by the
Commonwealth Procurement
Rules;
(j)
add to, alter, delete or exclude Geoscience Australia’s technical or contractual
requirements including the terms of the Draft Contract;
(k)
publish or disclose the names of Tenderers (whether successful or unsuccessful);
(l)
allow or not allow another legal entity to take over a Tender in substitution for the original
INFORMATION
Tenderer including where an event occurs that has the effect of substantially altering the
composition or control of the Tenderer or the business of the Tenderer;
(m)
change the structure and timing of the RFT process or procurement approach;
(n)
vary or extend any time or date in this RFT at any time and for such period as Geoscience
Australia in its absolute discretion considers appropriate. Geoscience Australia will issue
OFFICIAL
an addendum notifying of any decision to so vary or extend;
(o)
conduct a subsequent procurement process and, subject to Geoscience Australia's
intellectual property and non-disclosure obligations, utilise information gained in this RFT
THE
process for that purpose; and
(p)
enter into any contractual arrangements or arrangements which will best meet
Geoscience Australia's needs.
29. Relevant Laws
UNDER
(a)
The law applying in the Australian Capital Territory applies to this RFT and to the RFT
process.
(b)
Each Tenderer must comply with all relevant laws and Commonwealth policy in preparing
and lodging its Tender and taking part in the RFT process.
30. Workplace Gender Equality Act 2012 (Cth)
RELEASED
(a)
Commonwealth policy prevents the Commonwealth from entering into contracts with
suppliers who are non-compliant under the
Workplace Gender Equality Act 2012 (Cth).
The Draft Contract requires that, in performing any contract, a successful Tenderer must:
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(i)
comply with its obligations, if any, under the
Workplace Gender Equality Act 2012
(Cth); and
(ii)
if the Term of that contract exceeds 18 months, the successful Tenderer must
provide a current letter of compliance within 18 months from the commencement
date of that contract and, following this, annually to Geoscience Australia or as
otherwise specified in the contract.
(b)
Successful Tenderers should note that if, during the term of any contract, the supplier
becomes non-compliant with the
Workplace Gender Equality Act 2012 (Cth), the supplier 1982
must notify Geoscience Australia or as otherwise specified in the contract. For further
information about coverage of the
Workplace Gender Equality Act 2012 (Cth), contact the
Workplace Gender Equality Agency on +61 2 9432 7000.
ACT
(c)
Tenderers must indicate as part of the Tenderer’s Declaration (Attachment 2 to
Schedule 3), whether or not the Tenderer’s organisation is a ‘relevant employer’ under the
Workplace Gender Equality Act 2012 (Cth) and, if applicable, provide a current letter of
compliance as part of the Tender, or prior to entering into contract.
31. Compliance with the Building Code
(a)
Tenderers must submit a completed 'Declaration of Compliance', substantially in the form
of Attachment 13 t
o Schedule 3 - Declaration of Compliance with the Building Code.
INFORMATION
(b)
The requirement in claus
e 31(a) is a Minimum Content and Format Requirement and the
provisions of claus
e 12.1 apply.
(c)
Geoscience Australia may exclude Tenderers from further consideration if at any time
before a contract (if any) is executed in relation to the Works if Geoscience Australia
considers that a Tenderer has not met the following requirements:
(i)
Tenderers and their related entities must not be covered by an Enterprise
OFFICIAL
Agreement that does not meet the requirements of section 11 of the Building
Code;
(ii)
Tenderers must not be subject to an Exclusion Sanction;
THE
(iii)
subject to the exceptions set out in subsection 26(5) of the Building Code, the
Tenderer must not have had an adverse decision, direction or order made by a
court or tribunal for a breach of the BCIIP Act, a designated building law, WHS
Laws or competition and consumer law (including, but not limited to, the
Competition and Consumer Act 2010 (Cth)) and failed to comply with the
UNDER
decision, direction or order; and
(iv)
the Tenderer must, if it is ultimately the successful Tenderer, undertake to only
use products in relation to the Works that comply with the relevant Australian
standards published by, or on behalf of, Standards Australia Limited (ABN 85 087
326 690).
(d)
Geoscience Australia may exclude Tenderers from further consideration if, at any time
before a contract (if any) is executed in relation to the Works, they are excluded from
RELEASED performing Building Work funded by a State or Territory government (unless approval to
engage the Tenderers has been obtained from the ABC Commissioner).
(e)
Tenderers are required to submit a Workplace Relations Management Plan with their
Tender for approval by the ABCC in accordance with Part 6 of the Building Code.
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(f)
Geoscience Australia will only enter into a contract with a Tenderer whose Workplace
Relations Management Plan has been approved by the ABC Commissioner.
32. Australian Government Building and Construction
WHS Accreditation Scheme
(a)
The WHS Accreditation Scheme is established under
the Building and Construction
Industry (Improving Productivity) Act 2016 (Cth) and specified in the
Building and
1982
Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019.
(b)
If the Tenderer is to be the builder in respect of the building work or any part of them, the
Tenderer must:
ACT
(i)
be accredited under the Scheme when entering into contracts for building work
covered by the Work Health and Safety Accreditation Scheme (WHS
Accreditation Scheme) and maintain accreditation while the building work is being
carried out; and
(ii)
comply with all conditions of accreditation under the Scheme.
(c)
If the Scheme applies and the Tenderer is not to be the builder, the Tenderer must:
(i)
not contract with a builder who will carry out building work covered by the WHS
Accreditation Scheme if the builder is not accredited under the WHS Accreditation
INFORMATION
Scheme; and
(ii)
require the builder(s) contracted to undertake the building work remain accredited
while carrying out the building work.
(d)
For the purposes of clauses
32(a) to 32(c) (inclusive), ‘builder’ and 'building work' have the
same meaning given to those terms in the
Building and Construction Industry (Improving
Productivity) Act 2016 (Cth).
OFFICIAL
33. Indigenous Procurement Policy
THE
(a)
Tenderers should note that the Indigenous Procurement Policy applies to this RFT
process. More information on the Indigenous Procurement Policy can be found
at:
https://www.niaa.gov.au/indigenous-affairs/economic-development/indigenous-
procurement-policy-ipp.
(b)
In particular, Tenderers should note the purpose of the Indigenous Procurement Policy is
UNDER
to stimulate Indigenous entrepreneurship and business development, providing
Indigenous Australians with more opportunities to participate in the Australian economy.
34. Modern Slavery
Tenderers should note that any resultant contract will require the successful Tenderer to provide
all assistance reasonably requested by Geoscience Australia to comply with its obligations under
the
Modern Slavery Act 2018 (Cth).
RELEASED
35. Employee Entitlements
Tenderers should note that Geoscience Australia will not contract with providers who have had a
judicial decision against them (not including decisions under appeal) relating to employee
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entitlements and have not satisfied any resulting order. The Tenderer's Declaration requires the
Tenderer to confirm that no such judicial decision has been made against them for which they
have not satisfied any resulting order.
36. Lobbying Code of Conduct
Tenderers should not engage in or procure or encourage others to engage in, any activity that
would result in breaching the Lobbying Code of Conduct 2019, published by the Attorney-
General's Department and available a
t https://lobbyists.ag.gov.au/about/code.
1982
37. Small to Medium Enterprises
ACT
(a)
Tenderers should note that the Commonwealth is committed to Commonwealth agencies
sourcing:
(i)
at least 10 per cent of their purchases by value; and
(ii)
at least 35 per cent of contracts by volume, with a value of up to $20 million,
from small to medium enterprises (SMEs). An SME is an Australian or New Zealand
registered firm with fewer than 200 full time equivalent employees.
(b)
Tenderers are encouraged to include the participation of SMEs in their Tenders.
INFORMATION
38. Competitive Neutrality
(a)
Competitive neutrality requires that government business activities should not enjoy net
competitive advantages over their private sector competitors simply by virtue of public
sector ownership.
(b)
If a Tenderer is a public sector organisation, the Tenderer should demonstrate in its
OFFICIAL
pricing of the Tender that the requirements of competitive neutrality have been met,
including payment of relevant taxes and charges, rates of return and cost of funds.
(c)
Compliance with the requirements of competitive neutrality may be verified by Geoscience
THE
Australia. Geoscience Australia may require a Tenderer to submit further information to
demonstrate that competitive neutrality requirements have been met.
39. Prohibition of Illegal Workers
UNDER
Tenderers should note that it is Geoscience Australia's policy not to contract with providers
engaging Illegal Workers and the Tenderer's Declaration contains a statement from the Tenderer
confirming that it will comply with this policy.
40. Anti-Terrorism Measures
(a)
The Tenderer, Tenderer’s personnel, representatives, related body corporates and any
nominated subcontractors proposed in the Tender must not, at the Closing Time, be listed
RELEASED as terrorists under section 15 of the
Charter of the United Nations Act 1945 (Cth), and
Tenderers are required to declare this in Attachment 2 – Tenderer Response Form. This
Act requires any person who holds assets or funds belonging to a person or organisation
on the list of persons and entities designated as terrorists to immediately freeze those
assets. It is an offence to make any funds or assets available to a person or organisation
on that list.
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(b)
A consolidated list of such persons, entities and associated assets is maintained by the
Department of Foreign Affairs and Trade under the
Charter of the United Nations (Dealing
with Assets) Regulations 2008. Geoscience Australia will not enter into a contract with a
person or organisation on the list. Further information is available
at:
http://dfat.gov.au/international-relations/security/counter-terrorism/pages/dealings-with-
terrorists-information-for-australians-and-australian-businesses.aspx.
(c)
The successful Tenderer, Tenderer’s personnel, representatives, related
body corporates, and proposed subcontractors will be required to comply with all
applicable Laws dealing with the supply and/or export of goods, services and information 1982
to foreign nationals or institutions including under the
Customs Act 1901 (Cth) and
the
Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (Cth). ACT
41. Trade Sanctions
(a)
Tenderers' attention is drawn to the United Nations Security Council (UNSC) sanctions
regime under the C
harter of the United Nations Act 1945 (Cth) and the Australian
autonomous sanctions regime under the
Autonomous Sanctions Act 2011 (Cth).
Tenderers must declare that they, and any Tenderer personnel, representatives, related
body corporates, and proposed subcontractors will comply with these sanction regimes
in Attachment 2 – Tenderer’s Declaration;
(b)
Contractors to the Australian Government must not undertake an activity that is in breach
INFORMATION
of a UNSC sanction regime or Australian autonomous sanction regime in respect of a
particular country, including:
(i)
making a sanctioned supply of export sanctioned goods;
(ii)
making a sanctioned import of import sanctioned goods;
(iii)
providing a sanctioned service;
OFFICIAL
(iv)
engaging in a sanctioned commercial activity;
(v)
dealing with a designated person or entity;
THE
(vi)
using or dealing with a controlled asset; or
(vii)
facilitating the entry into or transit through Australia of a designated person or a
declared person.
(c)
Further information is available at
http://dfat.gov.au/international-
relations/security/sanctions/sanctions-regimes/Pages/sanctions-regimes.aspx.
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The successful Tenderer (if any) is expected to comply with the expectations set out in the
Supplier Code of Conduct available at:
https://www.procurement.govt.nz/assets/procurement-property/documents/supplier-code-
of-conduct.pdf
New Zealand must comply with regulations that implement sanctions imposed by the
United Nations Security Council – please see
https://www.mfat.govt.nz/en/peace-rights-
RELEASED and-security/sanctions/ for current sanctions.
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42. Australian Industry Participation
(a)
The Australian Industry Participation (
AIP) policy has been developed in accordance with
the principles and strategic approaches of the AIP National Framework. The AIP National
Framework provides a nationally consistent approach to maximising Australian industry
participation in investment projects and significant public and private sector activity. The
AIP National Framework was agreed between Commonwealth, state and territory
governments in 2001 to promote, develop and maintain a sustainable Australian industry
capability by encouraging competitive Australian industry participation in investment
1982
projects.
(b)
The AIP National Framework supports AIP programmes and initiatives that aim to
encourage industry to meet world’s best practice through capability building; identifying
ACT
early stage opportunities for industry participation both domestically and overseas;
promoting Australian capability and integration of industry into global supply chains; and
enhancing project facilitation and participation. The AIP National Framework is available at
www.industry.gov.au/aip.
(c)
Tenderers should note that the AIP National Framework principles will apply to any
contract resulting from this procurement process.
(d)
An AIP Plan outlines the actions a supplier intends to take to provide Australian industry
with full, fair and reasonable opportunity to participate in the project. To ensure
compliance with the AIP National Framework, the preferred Tenderer will be required to
INFORMATION
prepare a SmartForm AIP Plan (online AIP Plan) and submit it to the AIP Authority for
approval. The online AIP Plan must address the criteria set out in the AIP Authority’s
“User Guide for Developing an AIP Plan” available at
https://www.industry.gov.au/regulations-and-standards/australian-industry-
participation/commonwealth-government-procurement.
(e)
Tenderers are not required to submit an AIP Plan as part of their response to this RFT.
OFFICIAL
Geoscience Australia will require the preferred Tenderer(s) to prepare an online AIP Plan
for the AIP Authority’s approval. The AIP Authority requires at least 10 business days from
the receipt of a Tenderer’s online AIP Plan to assess and approve the AIP Plan and
THE
provide the approval documents. The AIP Authority provides tenderers with feedback on
their draft AIP Plans and, when necessary, their revised AIP Plans. Where feedback is
provided, the timeframe for the approval process is dependent on how long the tenderer
takes to incorporate the feedback. It is the sole responsibility of tenderers to manage the
timeframes around the approval of the AIP Plan and ensure the minimum timeframe is
provided.
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(f)
Tenderers should note that Geoscience Australia will only enter into a contract with a
Tenderer whose AIP Plan has been approved by the AIP Authority.
43. Public Interest Disclosure
(a)
Public officials (including service providers under a Commonwealth contract) who suspect
wrongdoing within the Commonwealth public sector can raise their concerns under the
RELEASED
Public Interest Disclosure Act 2013 (Cth). Prior to making a disclosure, refer to information
available a
t: https://www.ombudsman.gov.au/Our-responsibilities/making-a-
disclosure/information-for-disclosers.
(b)
All Public Interest Disclosure matters (relating to this procurement) should be referred to
the contacts available at
https://www.ga.gov.au/ips/public-interest-disclosure-scheme.
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44. Complaints Handling
In the first instance, complaints relating to this RFT should be directed in writing to
[email address], or:
Addressee:
Procurement Complaints Handling Officer
Email:
[email address]
If your issue is not resolved, ref
er to https://www.finance.gov.au/procurement/procurement-
1982
coordinator/complaints-handling-charter.html for more information relating to the handling of
complaints.
ACT
45. Dictionary and Interpretation
45.1 Dictionary
In this RFT, unless the contrary intention appears:
ABC Commissioner
means the Australian Building and Construction
Commissioner referred to in subsection 15(1) of the
BCIIP
Act.
ABCC
means the body referred to in section 29 of the
BCIIP Act.
INFORMATION
Activities
has the meaning set out in the Draft Contract.
Alternative Tender
has the meaning set out in clause
12.3(a).
Approved Australian Industry
means a SmartForm Australian Industry Participation Plan,
Participation (AIP) plan or AIP plan
that has been approved by the AIP Authority in accordance
with the AIP policy, that a successful tenderer submits to the
procuring entity.
OFFICIAL
Australian Industry Participation (AIP)
means the Australian Government policy designed to ensure
policy or AIP policy
full, fair and reasonable opportunity for Australian industry,
including small and medium enterprises, to compete for
THE work. This is achieved through the development and
implementation of an AIP plan. More information on the AIP
policy and AIP plan requirement can be found at
www.industry.gov.au/aip.
BCIIP Act
means the
Building and Construction Industry (Improving
UNDER
Productivity) Act 2016 (Cth).
Black Economy Procurement Connected
means the
Black Economy – Increasing the Integrity of
Policy
Government Procurement:
Procurement Connected Policy
Guidelines March 2019 available at
https://treasury.gov.au/publication/p2019-t369466.
Building Code
means the Building Code issued under subsection 34(1) of
RELEASED
the
BCIIP Act, being the document titled 'Code for the
Tendering and Performance of Building Work 2016', which is
available a
t www.legislation.gov.au.
Building Contractor
has the same meaning as in the
BCIIP Act.
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Building Industry Participant
has the same meaning as in the
BCIIP Act.
Building Work
has the same meaning as in subsection 3(4) of the Building
Code.
Closing Time
means the Closing Time specified on the front page of this
RFT, as amended by any addendum issued in accordance
with clause 6.
Commonwealth
means the Commonwealth of Australia.
1982
Commonwealth Funded Building Work
means Building Work in items 1-8 of Schedule 1 of the
Building Code.
Condition for Participation
means any Condition for Participation set out in clause
11.
ACT
CPF
Means Central Processing Facility, which includes:
a) Telecommunications, networking equipment
b) Computer processing (safety, corrections,
INFORMATION
message), racks, rack power reticulation,
c) If not co-located with UPF: site power reticulation,
HVAC, lightning, masts, structures,
d) Navigation signal generator
e) GNSS receive equipment
DFMC
means Dual Frequency Multi Constellation.
OFFICIAL
Draft Contract
means the draft contract, together with its schedules
provided with this RFT at Schedule 2.
THE
Declaration
means the declaration set out in Attachment 2 to Schedule 3
to this RFT.
Declaration of Compliance
has the meaning given in claus
e 31(a).
Enterprise Agreement
has the same meaning as in the
Fair Work Act 2009 (Cth).
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Exclusion Sanction
has the same meaning as in subsection 3(3) of the Building
Code.
Evaluation Criteria
means the Evaluation Criteria set out in claus
e 18
Geoscience Australia
means the Commonwealth of Australia as represented by
Geoscience Australia.
GNSS
means Global Navigation Satellite Systems.
RELEASED
GRS
means GNSS Reference Stations.
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High Value Contract
means a contract where:
a) the Goods and/or Services will be delivered in
Australia;
b) the value of the Goods and/or Services is $7.5
million (GST inclusive) or more; and
c) more than half the value of the contract is being
spent in one or more of the following industry
sectors:
1982
a. building, construction and maintenance
services;
b. transportation, storage and mail
services;
ACT
c.
education and training services;
d. industrial cleaning services;
e. farming, fishing, forestry and wildlife
contracting services;
f.
editorial, design, graphic and fine art
services;
g. travel, food, lodging and entertainment
services; or
h. politics and civic affairs services.
INFORMATION
Illegal Workers
means a person who:
a) has unlawfully entered and remains in Australia;
b) has lawfully entered Australia, but remains in
Australia after his or her visa has expired; or
c) is working in breach of his or her visa conditions.
Indigenous Enterprise
means an organisation that is 50 per cent or more
OFFICIAL
Indigenous owned that is operating a business.
Indigenous Participation Plan
means a plan detailing how the Tenderer will meet the
minimum mandatory requirements for the Indigenous
THE Procurement Policy (see template at clause 3.7).
Indigenous Procurement Policy
means the policy of that name, as amended from time to
time, available on the Indigenous Procurement Website.
Indigenous Procurement Website
means the website
at https://www.niaa.gov.au/indigenous-
UNDER
affairs/economic-development/indigenous-procurement-policy-ipp.
ITAR
means the International Traffic in Arms Regulations
promulgated by the United States Government controlling the
import and export of defence-related articles and services on
the United States Munitions List or similar applicable import
and/or export control framework implemented by any other
relevant country.
RELEASED
Late Tender
has the meaning given in claus
e 14(a).
LINZ
means the Crown in right of New Zealand represented by
Land Information New Zealand.
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Minimum Content and Format
means any Minimum Content and Format Requirement set
Requirement
out in clause 12.1(b) or which is referred to as a Minimum
Content and Format Requirement elsewhere in this RFT.
Related Entity
has the same meaning as in subsection 3(2) of the Building
Code.
Remote Area
means the areas identified in the map on the Indigenous
Procurement Website, as updated from time to time.
1982
RFT
means this request for tender, including the Draft Contract
and the Tender Response Forms.
Satisfactory
means the conditions set out in Part 6.b of the Black ACT
Economy Procurement Connected Policy have been met or,
if the circumstances in Part 6.c of the Black Economy
Procurement Connected Policy apply, the conditions set out
in Part 8.b of the Black Economy Procurement Connected
Policy have been met.
SBAS
means Satellite Based Augmentation System.
SPAN
means the Southern Positioning Augmentation Network
which is described in further detail in clause
1(c) of this RFT.
Statement of Requirement
means
Schedule 1.
INFORMATION
Statement of Tax Record
means a statement of tax record issued by the Australian
Taxation Office following an application made in accordance
with the process set out at
https://www.ato.gov.au/Business/Bus/Statement-of-tax-
record/?page=1#Requesting_an_STR.
OFFICIAL
Tender Response Form
means an Attachment to Schedule 3 to this RFT.
Tender
means a tender submitted by a Tenderer in response to this
RFT, including any clarifications or further information
THE submitted or given by or on behalf of a Tenderer in respect of
that tender, in accordance with the terms and conditions of
this RFT.
Tenderer
means a tenderer or potential tenderer to this RFT.
UNDER
UPF
Means Uplink Facility, which includes:
a) Radio Frequency Unit
b) RF couplers/splitters/combiners/filters, low-noise
amps, power amps, frequency convertors
c) C-/KU-band transmit antennae
d) Site power reticulation, Heating-Ventilation-Air-
Conditioning (HVAC), lightning protection systems,
e) Masts, structures, buildings, physical mounting
RELEASED
structures, facilities
Valid
means valid in accordance with Part 7.e of the Black
Economy Procurement Connected Policy.
WHS Laws
has the meaning given in the Draft Contact.
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Works
means the Commonwealth Funded Building Work to be
effected in accordance with the Draft Contract.
Workplace Relations Management Plan
has the meaning given to 'WRMP' in subsection 3(1) of the
Building Code.
45.2 Interpretation
In this RFT headings (including any heading at the beginning of any subclause) are for convenience only and 1982
do not affect interpretation and, except where the contrary intention is expressed:
(a)
the singular includes the plural and vice versa, and a gender includes other genders;
ACT
(b)
another grammatical form of a defined word or expression has a corresponding meaning;
(c)
a reference to AUD, A$, $A, dollar, Australia Dollars or $ is to the lawful currency of the
Commonwealth, US$, $US and USD is to the lawful currency of the United States of America and
Euro and € is the lawful currency of the European Union;
(d)
a reference to time is to the time in the place where the obligation is to be performed;
(e)
a reference to a statute, ordinance, code or other Law includes regulations and other instruments
under it and consolidations, amendments, re-enactments or replacements of any of them; and
(f)
the meaning of general words is not limited by specific examples introduced by use of the terms
INFORMATION
"including", "for example" or similar expressions.
OFFICIAL
THE
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RELEASED
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Schedule 1 – Statement of Requirement
(a)
The Statement of Requirement is comprised of the attached documentation:
(i)
1.0 Attachment A - Statement of Requirements Rev01;
(A)
1.1 Annex A - Functional and Performance Specification Rev02;
(B)
1.2 Annex B - Operational Concept Description Rev01;
1982
(C)
1.3 Annex C - Contract Data Requirements List Rev01;
(D)
1.4 Annex D - Contract Services Requirements List Rev01; and, ACT
(E)
1.5 SPAN_Zones.zip.
(b)
The above attachments are to be read in conjunction with the Draft Contract, which
comprises of the following documents:
(i)
2.0 RFT Schedule 2 - Draft Contract;
(A)
1.0 Attachment A - Statement of Requirements Rev01 v1.0;
(B)
1.1 Annex A - Functional and Performance Specification Rev02;
(C)
1.2 Annex B - Operational Concept Description Rev01;
INFORMATION
(D)
1.3 Annex C - Contract Data Requirements List Rev01;
(E)
1.4 Annex D - Contract Services Requirements List Rev01;
(F)
2.2 Attachment B - Government Furnished Material Rev01; and
(G)
2.3 Attachment C - Security Guide Rev01.
OFFICIAL
THE
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RELEASED
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Schedule 2 – Draft Contract
(a)
The Draft Contract is provided as a separate ZIP file available on AusTender, titled ‘2.0
RFT Schedule 2 - Draft Contract’.
(b)
Tenderers are to complete sections of the Draft Contract and associated schedules where
prompted.
1982
ACT
INFORMATION
OFFICIAL
THE
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RELEASED
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Schedule 3 – Tender Response Forms
(a)
Tenderers must complete and return the Tender Response Forms with reference to the
instructions in the table at claus
e 12.2 of the RFT.
(b)
The following Attachments have been provided as separate documents on AusTender:
(i)
3.01 – Attachment 1 – Checklist
(ii)
3.02 – Attachment 2 – Tenderer’s Declaration
1982
(iii)
3.03 – Attachment 3 – Statement of Tax Record
(iv)
3.04 – Attachment 4 – Executive Summary
ACT
(v)
3.05.1 – Attachment 5 – Part 1 – Feasibility and Suitability of Technical Solution
(vi)
3.05.2 – Attachment 5 – Part 2 – Ability to Deliver to Function and Performance
Specification
(vii)
3.06 – Attachment 6 – Capability and Capacity
(viii)
3.07 – Attachment 7 – Indigenous Participation Plan
(ix)
3.08 – Attachment 8 – Economic Benefit
(x)
3.09 – Attachment 9 – Part A – Pricing Schedule
INFORMATION
(xi)
3.09 – Attachment 9 – Part B – Pricing Schedule Spreadsheet
(xii)
3.10 – Attachment 10 – Insurance
(xiii)
3.11 – Attachment 11 – Compliance Statement
(xiv)
3.12 – Attachment 12 – Confidential Information
OFFICIAL
(xv)
3.13 – Attachment 13 – Declaration of Compliance with the Building Code
(c)
If Tenderers are proposing to import any materials in relation to contract deliverables,
Tenderers must provide in their response:
THE
(i)
details of any International Traffic in Arms Regulations (ITAR) (or similar)
restrictions on the contract deliverables; and
(ii)
confirmation from the Tenderer that all required state or government licences and
clearances for the export or other release of technology or technical information
UNDER
(in particular with respect to classified technology, technical information or ITAR
(or similar) restrictions embodied within the contract deliverables to be supplied to
Geoscience Australia and/or LINZ have been, or will be obtained, by the
Tenderer.
RELEASED
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