PROPOSAL TO UNDERTAKE A PROCUREMENT OVER $400,000 PROC-4807 – FOR THE PROVISION OF SUPPORT NEEDS ASSESSMENT TOOL(S) TO SUPPORT NDIS REFORM INITIATIVES

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FOI 25/26-1368 DOCUMENT 5

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PROPOSAL TO UNDERTAKE A PROCUREMENT OVER $400,000

PROC-4807 – FOR THE PROVISION OF SUPPORT NEEDS ASSESSMENT TOOL(S) TO SUPPORT NDIS REFORM INITIATIVES

1. Purpose

1.1. To seek your approval to conduct an approach to market (ATM) for:

Table 1: Approach to Market Overview

Services The provision of support needs assessment tool(s), related operational support services and a system integration solution
Decision Reference Not Applicable
Record location GM-AAD-PROCUREMENT-BRANCH - PROC-4807 - Procurement of Needs Assessment Tool(s) to Support NDIA Reform Initiatives - All Documents
Procurement category General goods and services
Expected contract value (GST inclusive) $10-$30 million (GST inclusive)
Expected services commencement April/May 2025
Expected services expiry April 2030
Initial term 5 years
Extensions Up to 5 years
Procurement Manager’s details redacted: s47F - personal privacy

2. Background and requirements

Assessment and Budgeting Initiative

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2.1. The Policy, Evidence and Practice Leadership Division is leading the NDIA’s Assessment and Budgeting Initiative. This initiative is responsible for developing legislative instruments to give effect to new framework planning.

2.2. Under new framework planning, participants will undergo a structured needs assessment to assess their disability support needs, for the purpose of generating flexible budgets and/or identifying stated supports.

2.3. The assessment approach must use a range of off-the-shelf needs assessment tools which are capable of being administered in a strengths-based and trauma informed way and which are reflective of a contemporary understanding of disability.

2.4. This procurement will lead to the selection of off-the-shelf needs assessments which will be incorporated into legislative instruments which govern the assessment process for adult participants (>16 years old).

2.5. This procurement will also seek a range of operationalisation support services, including a flexible training and accreditation solution for the NDIA’s future support needs assessor workforce.

2.6. This procurement will also seek a solution for integrating the selected support needs assessment tool(s) into NDIA operations, including the ICT environment.

2.7. After selection of a supplier, the NDIA will seek to enter into a commercial arrangement for a period of five years, with the option for an extension of up to five year.

2.8. There are three approaches to market activities being undertaken by the NDIA as part of the Assessment and Budgeting Initiative:

  • a) Request for Tender – Support needs assessment tools for adults (this procurement) with the following three components: Assessment tool, operationalisation support, system integration software
  • b) Request for Information – Assessment tools for children, to inform further procurement activities in 2025
  • c) Request for Information – Targeted assessment modules (e.g. for assistive technology, home modifications and disability-related health supports), to inform further procurement activities in 2025

3. AAI Exemption

3.1. This procurement will be compliant with the Accountable Authority Instructions (AAIs), and therefore no exemption is required.

4. Method of procurement

4.1. It is proposed that an open approach to market be undertaken, with this procurement publicly advertised on the Commonwealth’s Tendering website AusTender (www.tenders.gov.au).

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5. Value for Money

5.1. This procurement is considered an effective and efficient use of NDIA resources as it:

  • a) will encourage competition and be non-discriminatory as it is an open tender which all potential suppliers can engage in whether domestic or international
  • b) will use public resources in an efficient, effective, economical and ethical manner that is consistent with the policies of the Commonwealth and Agency,
  • c) will facilitate accountable and transparent decision making as it will enable interested parties to follow how the successful supplier was approached and selected
  • d) encourages appropriate engagement with risk as it requires a high degree of procurement and probity support
  • e) is commensurate with the scale and scope of the business requirement, and
  • f) will use the Evaluation Plan to determine how value for money could be achieved through an assessment of the demonstrated technical capabilities, financial costs, and risks associated with each of the submissions.

6. Risks

6.1. A risk assessment has been undertaken for this procurement activity in accordance with the requirements of the NDIA Procurement Policy and the Agency’s risk management framework.

6.2. The overarching risk associated with this procurement has been assessed as high value and complex/strategic for the following reasons:

  • a) The goods being sourced may require customisation and supplier innovation may be required
  • b) The goods are highly critical to the NDIA and core operations
  • c) The procurement relates to matters that are of high-level government, media or political interest
  • d) There are significant interdependencies with other projects
  • e) The value of the procurement is estimated at between $10-$30 million.
  • f) The non cost value of the procurement is very high
  • g) The purchase of the goods/services directly aligns with and promotes the priorities and objectives of the NDIA and the government.

6.3. A copy of the full risk assessment can be found in Attachment D to this document.

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7. Estimated Budget

7.1. The estimated total cost of the procurement, inclusive of all potential extension options being used, is between $10,000,000 and $30,000,000 (GST inclusive).

Forward year commitment

7.2. A forward-year commitment is required for this procurement. There are a range of uncertainties in calculating the overall costs of this procurement. An estimate of the current and forward year committed funds required, including all potential extension options, are detailed below.

7.3. By signing this Proposal to undertake a Procurement, the Financial Delegate is declaring that they have sufficient unallocated funds available in the financial years specified.

Table 2: Example Forward Year Cost Projections (by Financial Year)

2024 to 2025 (GST inclusive) 2025 to 2026 (GST inclusive) 2026 to 2027 (GST inclusive) 2027 to 2028 (GST inclusive) 2028 to 2029 (GST inclusive) 2029 to 2030 (GST inclusive) Total including option to extend (GST inclusive)
$2.5 million $2.5 million $2.5 million $2.5 million $2.5 million $2.5 million $30 million

Engagement of independent advisers to assist with the procurement

7.4. This procurement is part of a program of procurements under the Assessment and Budgeting Initiative. In light of the complexities and strategic significance of this program, the following resources have been engaged for these activities:

  • a) An independent probity adviser contracted through Legal Services
  • b) External legal services contracted through Legal Services, and
  • c) External procurement specialists.

7.5. Separate procurement processes have been undertaken for each of these independent advisers, and approval sought from the appropriate Financial Delegate.

Account details including Cost Centre

7.6. The below account details apply to this procurement:

Table 3: Account Details

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Cost Centre GL Accounts
90714 42405 (Consultancy contract expenses excluding property)
ICT Software
Training
Final GL Accounts will be nominated in the Approval to Enter into an Arrangement

8. Proposed timeline

8.1. The following timeline is proposed. The timeline may need to be adjusted to reflect confirmed changes in the timing of various stages of the evaluation process.

Table 4: Proposed Timeline

Activity Indicative Date
Approach to market release 05 February 2025
Approach to market close 21 March 2025
Evaluation of submissions 21 March – 20 April 2025
Contract negotiation/finalisation 21 April – 15 May 2025
Contract commencement 15 May 2025

9. The Stakeholders

9.1. The key stakeholders for this procurement activity are:

Table 5: Stakeholders

Stakeholder / Stakeholder Group Stakeholder Perspective Our objective Key messages Methodology
Office of the CEO Achievement of a NDIA objective CEO to have knowledge that an ATM is occurring, including risks or issues NDIA will be approaching the market in Q4 2024/Q1 2025
Results of the ATM including benefits
Timely briefs to the CEO
Brief to CEO on the outcomes
Assessment and Is the initiative lead Initiative Lead to lead this NDIA will be approaching the Procurement Manager

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Stakeholder / Stakeholder Group Stakeholder Perspective Our objective Key messages Methodology
Budgeting Initiative responsible for this procurement.
Require an awareness and be kept up to date on the progress, issues, and future steps
procurement activity
Initiative Lead will need to be kept aware of the status of the procurement, risks, and issues.
market in Q4 2024/Q1 2025
The Initiative Lead will need to be kept aware of the status of the procurement, risks, and issues.
provide weekly updates to the Initiative Lead
Initiative Lead to endorse key documentation before Financial Delegate review.
Procurement Branch Will be supporting procurement activities Communicate, align, and coordinate activities across the teams NDIA will be approaching the market in Q4 2024/Q1 2025
Probity conditions apply
Consultative meetings, updates to Initiative Lead
Legal Services Will ensure procurement and contracting approach is done within Agency risk tolerances
Procurement Adviser (Procurement Branch) Will be seeking confirmation that the procurement complies with the NDIA Procurement Policy and Probity Protocol.
If there are complaints, will be responsible for managing them.
Ensure that this procurement activity is being undertaken, and Procurement Adviser will be provided with Request Documentation, Evaluation Plan, etc for review.
That the procurement activity did comply with the NDIA Policy and
A procurement activity is being undertaken, and Procurement Adviser will be provided with drafts of the Request Documentation, Evaluation Plan, etc for review.
That the procurement activity did comply with the NDIA Procurement Policy and
Consultative meetings
Regular email updates
Providing draft documentation to the Procurement Adviser

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Stakeholder / Stakeholder Group Stakeholder Perspective Our objective Key messages Methodology
Probity Protocol.
Potential providers Increase in market share.
NDIA as a ‘trophy client’
Manage expectations
Awareness of the procurement, issues and needs. The NDIA has sought industry and specialist advice on the services.
The NDIA is seeking to put in place a new arrangement.
The successful tenderer will be required to deliver value for money and a high standard of services
Consultative meetings
AusTender

10. Key Documents

10.1. Further to your agreement to this Proposal to undertake a Procurement, the following key documents will be prepared for your approval:

  • a) Approach to Market Document - Request for Tender
  • b) Additional Terms spreadsheet (software requirements)
  • c) Draft contract for services
  • d) Risk Assessment

10.2. Following the completion of the evaluation process, an Approval to enter into an Agreement, evaluation report, and a contract including the performance management framework will be prepared for your approval as the Financial Delegate.

11. Advice relating to the procurement process

11.1. Policy, Evidence and Practice Leadership Division has consulted with Agency Budget and Financial Controls Branch to confirm that there are sufficient unallocated funds available within the cost centre.

11.2. Additionally, Policy, Evidence and Practice Leadership Division has consulted with probity advisors Clayton Utz and commercial law advisors Maddocks Lawyers as well as NDIA’s Procurement Branch, Legal Services Branch, Chief Information Officer Division and Service Delivery Group.

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12. Parties seeking to influence the outcome

12.1. No stakeholders have sought to direct aspects or outcomes of this procurement activity.

13. Compliance with relevant NDIA policies and directives

13.1. As required under the NDIA Procurement Policy (external), Evidence and Practice Leadership Branch has consulted with Procurement Branch during the completion of this document. The Procurement Advisers were redacted: s47F - personal privacy and redacted: s47F - personal privacy.

13.2. As required by the NDIA Procurement Policy, Evidence and Practice Leadership Branch has consulted with the ICT Business Engagement Team (OCIO) on the proposed procurement activity.

13.3. This Proposal to undertake a Procurement has been prepared in accordance with the NDIA Procurement Policy and NDIA Accountable Authority Instructions and Financial Authorisations (external).

13.4. In compliance with the NDIA Procurement Policy, any Procurement Connected Policies that apply to this procurement and the proposed approach for managing them are in Attachment A.

13.5. In addition, this Proposal to undertake a Procurement is in accordance with the NDIA Probity Protocol (external) which includes the obligation for all Officers involved in a procurement process to maintain confidentiality and to declare any conflict of interest – actual, potential, or perceived – at the start of the process, to update it as necessary during the procurement, and that the declaration be recorded and retained as an important part of the procurement documentation.

13.6. No conflicts of interest were identified in the preparation of this Proposal to undertake a Procurement.

Table 6: Procurement Manager signature

Name redacted: s47F - personal privacy
Position Title
Signature
Date 31 January 2025

redacted: s47F - personal privacy

14. Further consultations and endorsements

14.1. I have read this Proposal to undertake a Procurement:

  • a) I support the proposed approach to market in this Proposal to undertake a Procurement,

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  • b) I confirm that there are sufficient unallocated funds available within the cost centre, and
  • c) I confirm that I have no known conflicts of interest in providing this endorsement, and I understand my confidentiality obligations.

Table 7: Procurement Owner signature

Name redacted: s47F - personal privacy
Position Title
Decision Endorsed / Conditionally endorsed as detailed below / Not endorsed as detailed below
Decision comment [Insert decision comment]
Signature
Date [insert date XX Month 20XX]

redacted: s47F - personal privacy

14.2. I have read this Proposal to undertake a Procurement and I:

  • a) am satisfied that the procurement methodology is in accordance with the policies of the Commonwealth and the Agency, and
  • b) confirm that I have no known conflicts of interest in providing this approval, and I understand my confidentiality obligations.

Table 8: redacted: s47F - personal privacy

Name redacted: s47F - personal privacy
Position Title
Decision [Choose one of the following: Approved / Conditional approval as detailed below / Not approved as detailed below]
Decision comment [Insert decision comment]
Signature
Date [insert date XX Month 20XX]

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Further endorsements

14.3. The following additional key stakeholders:

  • a) have reviewed and support this Proposal to undertake a Procurement, and
  • b) in signing, have confirmed that they have no known conflicts of interest in providing their endorsement and that they understand their confidentiality obligations.

Table 3: Business Sponsor signature

Name redacted: s47F - personal privacy
Position Title
Decision Endorsed / Conditionally endorsed as detailed below / Not endorsed as detailed below
Decision comment [Insert decision comment]
Signature
Date [insert date XX Month 20XX]

15. Financial Delegate Approval

15.1. I have read this Proposal to undertake a Procurement and I:

  • a) approve the proposed approach to the market for the provision of support needs assessment tool(s) and related training and operational support services on the terms set out in this Proposal to undertake a Procurement,
  • b) approve the method of procurement identified in section 4 of this Proposal to undertake a Procurement,
  • c) approve the risk assessment undertaken together with the proposed mitigations detailed in Attachment B to this Proposal to undertake a Procurement,
  • d) am satisfied that there is a genuine need to procure these goods/services,
  • e) confirm that there are sufficient unallocated funds available within the cost centre, and
  • f) confirm that this procurement will make efficient, effective, ethical, and economical use of public money.

Table 4: Financial Delegate decision

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Decision [Choose one of the following: Approved / Conditional approval as detailed below / Not approved as detailed below]
Decision comment [Insert decision comment]

15.2. In making this decision, I confirm that:

  • a) this decision is within my financial delegations in accordance with the NDIA Accountable Authority Instructions and Financial Authorisations (external),
  • b) this decision is in accordance with the policies of the Commonwealth and the NDIA including the CPRs, NDIA Procurement Policy and the NDIA Probity Protocol, and
  • c) I have no known conflicts of interest in providing this decision, and I understand my confidentiality obligations.

Table 5: Financial Delegate signature

Name redacted: s47F - personal privacy
Position Title
Signature
Date [insert date XX Month 20XX]

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Procurement Connected Policies and Additional Commonwealth Procurement Rules Requirements

15.3. The following policies will be addressed as part of this procurement:

  • a) Modern Slavery Act 2018
  • b) Workplace Gender Equality
  • c) Commonwealth Child Safe Framework (CCSF)
  • d) Workplace Gender Equality (WGE)
  • e) Commonwealth Child Safe Framework (CCSF)
  • f) Privacy Act 1988 (Cth) – A PIA is being developed in collaboration with the Privacy Team which [insert results of the PIA assessment]. The full PIA is at Attachment XX.
  • g) Disability Action Plan obligation (The Agency has committed to investigating whether a business that exists primarily to provide employment or support to people living with a disability has the capability to fulfil its needs before making any approach to market at or above the relevant procurement threshold)
  • h) Indigenous Procurement Policy (IPP)
  • i) Shadow Economy Policy
  • j) Payment Times Procurement Connected Policy

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Detailed Risk Register

Please refer to the Risk Action Plan attached for this procurement.

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