FOI 25/26-1684
DOCUMENT 1.1
Request for Tender for the provision of Needs Assessment Tool(s) to support NDIS Reform Initiatives
PROC-4807
National Disability Insurance Agency ABN 25 617 475 104
L\356563462.2
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Contents
- Introduction …………………………………………………………………………………………….. 1 1.1 Invitation to Tender …………………………………………………………………….. 1 1.2 Background ……………………………………………………………………………….. 1 1.3 Summary of services required ……………………………………………………… 2 1.4 Key terms ………………………………………………………………………………….. 2 1.5 Form of contract…………………………………………………………………………. 4 1.6 Governing law ……………………………………………………………………………. 4 1.7 Interpretation ……………………………………………………………………………… 4 1.8 Schedule for RFT ………………………………………………………………………. 5
- Obtaining RFT documentation …………………………………………………………………. 5 2.1 AusTender, the Australian Government Tender system ………………….. 5 2.2 Industry briefing …………………………………………………………………………. 6
- Lodging Tenders ……………………………………………………………………………………… 6 3.1 Electronic Lodgement …………………………………………………………………. 6 3.2 Tender Closing Time and Date …………………………………………………….. 6 3.3 Late lodgement policy …………………………………………………………………. 6 3.4 Preparing to lodge a Tender ………………………………………………………… 7 3.5 Scanned or imaged material, including Statutory Declarations …………. 7
- Additional information and variations to the RFT documentation ……………… 7 4.1 Requests for Additional Information ……………………………………………… 7 4.2 Variation of the RFT …………………………………………………………………… 7 4.3 Termination of the RFT ……………………………………………………………….. 8 4.4 Errors and alterations …………………………………………………………………. 8
- Information management …………………………………………………………………………. 8 5.1 The Agency’s confidential information …………………………………………… 8 5.2 Tenderer’s confidential information ………………………………………………. 8 5.3 Use of Tender documents …………………………………………………………… 9
- Policy and law ……………………………………………………………………………………….. 10 6.1 Ethical dealing …………………………………………………………………………. 10 6.2 Conflicts of interest …………………………………………………………………… 11 6.3 Application of law and Commonwealth policy ………………………………. 11 6.4 Fair Work Act 2009 (Cth) …………………………………………………………… 13 6.5 Workplace Gender Equality Act 2012 (Cth) …………………………………. 13 6.6 Indigenous Procurement Policy ………………………………………………….. 13 6.7 Child Safety …………………………………………………………………………….. 13 6.8 Shadow Economy Policy …………………………………………………………… 14 6.9 Modern Slavery Act ………………………………………………………………….. 14 6.10 Payment Times Procurement Connected Policy …………………………… 14
- Notification of Significant Events ……………………………………………………………. 15
- Anti-money laundering laws …………………………………………………………………… 15
- Lobbying Code of Conduct …………………………………………………………………….. 16
- Web Content Accessibility Guidelines ……………………………………………………. 16
- Matters concerning Tender response ……………………………………………………… 16 11.1 Evaluation criteria …………………………………………………………………….. 16 11.2 Tender response requirements ………………………………………………….. 18 11.3 Tenderers to inform themselves …………………………………………………. 19 11.4 Disclaimer ……………………………………………………………………………….. 20 11.5 Complaints ………………………………………………………………………………. 21
- General matters ……………………………………………………………………………………… 21
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12.1 Prices and units ……………………………………………………………………….. 21 12.2 Part Tenders ……………………………………………………………………………. 21 12.3 Consortium and joint venture Tenders ………………………………………… 21 12.4 Subcontractors…………………………………………………………………………. 22 12.5 Alternative Tenders ………………………………………………………………….. 22 13. Evaluation of Tenders…………………………………………………………………………….. 22 13.1 Evaluation process …………………………………………………………………… 22 13.2 Security, probity and other checks ……………………………………………… 23 13.3 Minimum Content and Format Requirements ………………………………. 23 13.4 Conditions for Participation ………………………………………………………… 24 13.5 Essential requirements ……………………………………………………………… 24 13.6 Clarification, short-listing and negotiations …………………………………… 24 13.7 Verification Activities …………………………………………………………………. 25 13.8 Offers and acceptance of offer …………………………………………………… 26 14. Other Matters …………………………………………………………………………………………. 26 14.1 Public Statements …………………………………………………………………….. 26 14.2 Additional Rights of the Agency………………………………………………….. 26 14.3 Publication of contract award …………………………………………………….. 27 14.4 Debriefing ……………………………………………………………………………….. 27
Schedule 1 - Statement of Requirements ……………………………………………………………….. 28 Schedule 2 - Tender Response Forms ………………………………………………………………. 3 Attachment 1 - Tenderer’s Details …………………………………………………………………………….. 4 Attachment 2 – Tenderer’s Deed ……………………………………………………………………………… 9 Attachment 3 – Assessment tool(s) ……………………………………………………………………….. 18 Attachment 4 - Operationalisation support services ……………………………………………….. 22 Attachment 5 – System Integration Solution …………………………………………………………… 24 Annexure A to Attachment 5: Software Requirements ……………………………………………. 30 Attachment 6 - Commitment to supporting people with a disability ………………………… 31 Attachment 7 - Pricing …………………………………………………………………………………………… 32 Annexure A to Attachment 7: Pricing Response Form ……………………………………………. 33 Attachment 8 - Financial Viability Questionnaire …………………………………………………….. 36 Attachment 9 - Compliance with Commonwealth Policies and Standards ……………….. 38 Attachment 10 - Statement of Compliance with Draft Contract ………………………………… 41 Attachment 11 - Benefit to the Australian economy ………………………………………………… 43 Attachment 12 - Shadow Economy Policy – Statement of Tax Record …………………….. 44 Schedule 3 – Draft Contract …………………………………………………………………………………… 45
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Request for Tender
Request for Tender in relation to the provision of Needs Assessment Tool(s) to support the NDIS Reform Initiatives (the Requirement) for PROC-4807
Conditions of tender
1. Introduction
1.1 Invitation to Tender
(a) The National Disability Insurance Agency (Agency or NDIA) invites Tenders for the provision of Needs Assessment Tool(s), including related operational Support Services and a System Integration Solution, to support the NDIS Reform Initiatives (the Requirement) in accordance with this Request for Tender (RFT); and
(b) a detailed description of the Requirements is set out in Schedule 1.
1.2 Background
(a) The NDIA’s Assessment and Budgeting Initiative is being undertaken to reform participant pathways to align with the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024, which came into effect on 3 October 2024. The purpose of these reforms is to improve how the NDIS works for people with disabilities. The new legislation introduces the concept of new framework planning.
(b) Under new framework planning, participants will undergo a comprehensive needs assessment to identify their whole-of-person disability support needs. The outcomes of the needs assessment will be detailed in an assessment report. The information in the needs assessment report will then be used to determine the participant’s flexible budget and any stated supports, in accordance with a transparent budget method. These processes will be detailed in legislative instruments.
(c) To implement new framework planning, the NDIA requires the provision of support needs assessment tools(s) and related training and operational support services. The objective of the assessment tool(s) is to assess the disability support needs of NDIS participants, for the purpose of improving how NDIS participant budgets are set.
(d) The assessment approach requires tools that are capable of being administered in a strengths-based and trauma informed way and which are reflective of a contemporary understanding of disability. The assessment approach must also use tools which provide sufficient information to enable valid and consistent funding decisions about the range of supports funded by the NDIS.
(e) This procurement activity is to identify the most appropriate assessment tool(s) that may be integrated into the future National Disability Insurance Scheme (NDIS) needs assessment for participants aged 16+, and associated operationalisation support and system integration services.
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| (c) more than half the value of the contract is being spent in one or more of the industry sectors specified in the Indigenous Procurement Policy (Appendix B – Table 1 and 2) | ||
|---|---|---|
| Indigenous Enterprise | an organisation that is 50 percent or more Indigenous owned that is operating a business. Supply Nation maintains a list of enterprises that meet the definition of ‘Indigenous Enterprises’ (www.supplynation.org.au) | |
| Indigenous Procurement Policy | means the Indigenous Procurement Policy of the Commonwealth, as amended from time to time (https://www.niaa.gov.au/sites/default/files/publications/indigenous-procurement-policy.pdf) | |
| Lobbying Code of Conduct | means the code that sets out the requirements for contact between third-party lobbyists and Australian Government representatives available at https://www.ag.gov.au/integrity/australian-government-register-lobbyists/lobbying-code-conduct | |
| Minimum Format and Content Requirements | means the mandatory minimum content and format requirements (if any) identified in clause 13.3 as Minimum Content and Format Requirements. Failure to meet a minimum content and format requirement will exclude a Tender from further consideration (subject to this RFT) | |
| Modern Slavery | has the same meaning as it has in the Modern Slavery Act 2018 (Cth) | |
| Offer Period | ninety (90) days after the Closing Time | |
| Participant | means a person with disability who has been found eligible to receive funding under the NDIS | |
| Requirement | means the tools(s), Services and solution set out in Schedule 1 and includes the Software Requirements | |
| Satisfactory | when used in relation to the Shadow Economy Procurement Connected Policy, means meets the conditions set out in Part 6.b of the Shadow Economy Procurement Connected Policy or, if the circumstances in Part 6.c of the Shadow Economy Procurement Connected Policy apply, the conditions set out in Part 8.b of the Shadow Economy Procurement Connected Policy | |
| Shadow Economy Procurement Connected Policy | means the Shadow economy – increasing the integrity of government procurement: Procurement connected policy guidelines, as amended from time to time (https://treasury.gov.au/publication/p2019-t369466) | |
| Software Requirements | means the software requirements specified in the Statement of Requirements | |
| 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 |
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| Statement of Requirements | means the Statement of Requirements set out in Schedule 1 |
|---|---|
| Subcontract | a contract entered into between the Successful Tenderer and a Subcontractor by which some or all of the Requirement are provided |
| Subcontractor | a person or an entity that, under a Subcontract, provides services to, or performs work for, the Successful Tenderer (whether directly or indirectly) in order for the Successful Tenderer to meet its obligations under the Draft Contract |
| Successful Tenderer | the Tenderer that was successful in the RFT process |
| Tender | any Tender submitted in response to this RFT |
| Tender Response Forms | the Tender Response Forms set out in Schedule 2 |
| Tenderer | any entity which submits a Tender or, where the context requires, is proposing to submit a Tender |
| Valid | when used in relation to the Shadow Economy Procurement Connected Policy, means valid in accordance with Part 7.e of the Shadow Economy Procurement Connected Policy |
1.5 Form of contract
(a) The Agency proposes to enter into a contract with the Successful Tenderer substantially in the form of the Draft Contract.
(b) In accordance with Resource Management Guide No. 417 Supplier pay on-time or Pay Interest Policy (1 July 2022), the resultant Contract with the Successful Tenderer will include clauses to give effect to the policy set out in that Resource Management Guide.
1.6 Governing law
This RFT is to be construed in accordance with, and any matter related to it is to be governed by, the law of Victoria. The courts of that State have non-exclusive jurisdiction to decide any matter related to this RFT.
1.7 Interpretation
(a) This RFT comprises:
(i) these Conditions of Tender;
(ii) Schedule 1 - Statement of Requirements;
(iii) Schedule 2 - Tender Response Forms; and
(iv) Schedule 3 – NDIA Contract Terms.
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(b) If there is any inconsistency between any part of this RFT, a document higher in the following list prevails over a document lower in the list to the extent of the inconsistency:
(i) these Conditions of Tender;
(ii) Schedule 1 - Statement of Requirements;
(iii) Schedule 2 - Tender Response Forms; and
(iv) Schedule 3 - NDIA Contract Terms.
1.8 Schedule for RFT
This is an indicative timetable only and may be amended by the Agency from time to time at the Agency’s sole discretion. Any date or time in this RFT is provided for convenience and does not create any obligation on the Agency. Any significant amendment to the timetable will be notified to Tenderers.
| Event | Details |
|---|---|
| Tender Release | 2:00PM Canberra Time, 5 February 2025 |
| Deadline for Submission of Tenderers’ Questions | 2:00PM Canberra time, 7 March 2025 |
| Closing Time | 2:00PM Canberra time 21 March 2025 |
| Evaluations complete | 18 April 2025 |
| Preferred Tenderer notified | April 2025 |
| Expected Start Date: | May 2025 |
| Contract Term: | The Contract will remain in force for a period of five years from the date the Contract is entered into. |
| Contract Extension Option/s: | Up to a total of five years. |
2. Obtaining RFT documentation
2.1 AusTender, the Australian Government Tender system
(a) This RFT is available on the AusTender website at https://www.tenders.gov.au. Tenderers should regularly check the AusTender website for any updates or addenda to the RFT.
(b) 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 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/?event=public.termsOfUse.
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(c) All queries and requests for technical or operational support in relation to AusTender must be directed to:
AusTender Help Desk Telephone: 1300 651 698 International: +61 2 6215 1558 Email: Tenders@finance.gov.au
(d) The AusTender Help Desk is available between 9am and 5pm Canberra time, Monday to Friday (excluding ACT and national public holidays).
2.2 Industry briefing
(a) The Agency will provide a pre-recorded industry briefing regarding the RFT. The industry briefing will be made available on AusTender after the RFT has opened.
(b) Viewing of the industry briefing is optional. However, Tenderers are encouraged to watch.
(c) The industry briefing is provided for the purpose of background information only. Tenderers should note the effect of clause 4.2. Tenderers should not rely on any statement made in the industry briefing as amending or adding to this RFT, unless that amendment or addition is confirmed by the Agency in writing.
3. Lodging Tenders
3.1 Electronic Lodgement
Tenders must be lodged electronically via AusTender in accordance with the Tender lodgement procedures set out in this RFT documentation and on AusTender.
3.2 Tender Closing Time and Date
(a) Tenders must be lodged before the Closing Time.
(b) The Closing Time will also be displayed in the relevant AusTender webpage together with a countdown clock that displays in real time the amount of time left until Closing Time (for more information please see 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.
3.3 Late lodgement policy
(a) The time displayed on AusTender is deemed correct and will be how the Agency will determine whether a Tender has been lodged before the Closing Time.
(b) Any attempt to lodge a Tender after the Closing Time will not be permitted by AusTender.
(c) If a Tender consists of multiple uploads, due to the number of files or file size, all files must commence lodgement before the Closing Time.
(d) The Agency will not accept any late Tenders, unless the Tender was received late due solely to mishandling by the Agency.
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(e) Where lodgement of a Tender has commenced prior to the Closing Time (and in the case of a Tender consisting of multiple uploads, all uploads have commenced prior to the Closing Time) but concluded after the Closing Time, and upload of the Tender file/s has completed successfully, as confirmed by AusTender system logs, the Tender will not be deemed to be a late Tender. Subject to this RFT, only those file/s where lodgement of that file commenced prior to the Closing Time and was completed successfully, as confirmed by AusTender system logs, will be considered.
3.4 Preparing to lodge a Tender
Tenders must be lodged electronically via AusTender in accordance with the Tender lodgement procedures set out in this RFT documentation and on AusTender.
3.5 Scanned or imaged material, including Statutory Declarations
(a) In the event that the Agency requires clarification of the Tenderer’s tender, the Tenderer may be required to courier or security post the originals of the signature and/or initialled pages to the Contact Officer within a specified timeframe.
4. Additional information and variations to the RFT documentation
4.1 Requests for Additional Information
(a) Requests for further information or clarification in relation to this RFT must be directed in writing via email to the Contact Officer by the Deadline for Submission of Tenderers’ Questions.
(b) Subject to clause 11.5, the only point of contact for all matters relating to this RFT and the RFT process is the Contact Officer.
(c) The Agency will determine what, if any, response should be given to a Tenderer question. The Agency may circulate Tenderer questions and the Agency’s response to those questions to all other Tenderers without disclosing the source of the questions or revealing any confidential information of a Tenderer. Tenderers should identify in their question what, if any, information in the question the Tenderers consider is confidential. Inappropriate identification of information as confidential will be considered by the Agency when determining what, if any, response will be given.
(d) If a Tenderer believes it has found a discrepancy, error, ambiguity, inconsistency or omission in this RFT or any other information given or made available by the Agency, the Tenderer should promptly notify the Contact Officer setting out the error in sufficient detail so that the Agency may take the corrective action, if any, it considers appropriate.
4.2 Variation of the RFT
(a) The Agency may amend this RFT or vary or suspend the RFT process at any time, including but not limited to the timeframes and dates set out in this RFT.
(b) If the Agency does so prior to the Closing Time, the Agency will issue a formal addendum to the RFT via AusTender (see https://www.tenders.gov.au). If the Agency does so after the Closing Time, the Agency will issue a formal notice to the contact details set out in the Tenderer’s Tender to any Tenderers remaining in the process at that time as applicable. The Agency will not be responsible for a Tenderer not receiving any such notice if the Tenderer has provided incorrect contact information in its Tender.
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(c) Each addendum forms part of this RFT upon issue.
(d) This RFT or any amendment with the latest date of issue published through AusTender, or otherwise will take precedence over any other version of this RFT or any other amendment if there is any inconsistency.
4.3 Termination of the RFT
(a) The Agency may terminate the RFT process at any time if the Agency determines that none of the Tenders submitted represents value for money or that it is otherwise in the public interest to do so.
4.4 Errors and alterations
(a) If the Agency considers that there are unintentional errors of form in a Tender, the Agency may request the Tenderer to correct or clarify the error, but will not permit any material alteration or addition to the Tender.
5. Information management
5.1 The Agency’s confidential information
(a) Tenderers must not, and must ensure that their employees, agents or Subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the Agency, the Commonwealth or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by the Agency and which the Agency indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential.
(b) The Agency may require that all written information (whether confidential or otherwise and without regard to the type of media on which such information was provided to Tenderers) provided to Tenderers (and all copies of such information made by Tenderers) be:
(i) returned to the Agency - in which case Tenderers will be required to promptly return all such information to the address identified by the Agency; or
(ii) destroyed by Tenderers - in which case Tenderers will be required to promptly destroy all such information and provide the Agency with written certification that the information has been destroyed.
(c) The Agency may exclude from further consideration any Tender lodged by a Tenderer who has engaged in any behaviour contrary to clause 5.1.
5.2 Tenderer’s confidential information
(a) Subject to clauses 5.2(b) and 5.2(d), the Agency will treat as confidential all Tenders submitted by Tenderers in connection with this RFT.
(b) The Agency will not be taken to have breached any obligation to keep information provided by Tenderers confidential to the extent that the information:
(i) is disclosed to evaluation committee members;
(ii) is disclosed by the Agency to its advisers, officers, employees or subcontractors solely in order to conduct the RFT process or to prepare and manage any resultant contract;
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(iii) is disclosed to the Agency’s internal management personnel, solely to enable effective management or auditing of the RFT process;
(iv) is disclosed by the Agency to the responsible Minister;
(v) is disclosed by the Agency in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia;
(vi) is shared by the Agency within the Agency’s organisation, or with another Commonwealth agency, where this serves the Agency’s or the Commonwealth’s legitimate interests;
(vii) is authorised or required by law to be disclosed; or
(viii) is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality.
(c) Tenderers should also refer to clauses 6.3(a)(iii) to (vi).
(d) Once a contract is entered into with the Successful Tenderer, the Successful Tenderer’s Tender will not necessarily be treated as confidential to the extent parts of the Tender are included in the contract. Tenderers should clearly identify in their Tender response the information that they consider should be protected as confidential information should a contract be entered into with them. The Agency will only consider a request for confidentiality where:
(i) the information to be protected is identified in specific rather than global terms;
(ii) the information is commercially sensitive;
(iii) disclosure would cause unreasonable detriment to the parties concerned; and
(iv) the information was provided by the Successful Tenderer on the understanding that it would remain confidential.
(e) The Agency will only keep information contained in, or obtained or generated in performing, any contract entered into with the Successful Tenderer, including information sourced from the successful tenderer’s Tender, confidential in accordance with the terms of the contract. Tenderers should include in Schedule 2 any request for such information to be treated as confidential following the award of contract to it. Further information on the Commonwealth’s confidentiality policy is available at https://www.finance.gov.au/government/procurement/buying-australian-government/confidentiality-throughout-procurement-cycle.
5.3 Use of Tender documents
(a) All Tenders become the property of the Agency upon submission.
(b) Notwithstanding clause 5.3(a) and without prejudice to anything agreed in any subsequent contract, ownership of intellectual property in the information contained in a Tender remains unchanged.
(c) However, the Agency may use any material contained in a Tender, or otherwise provided by the Tenderer, for the purposes of:
(i) the RFT process;
(ii) considering and evaluating the Tender, including;
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A. requesting and considering any clarification, correction or further information from the Tender; and
B. requesting and considering any information from another entity in relation to the Tender;
(iii) evaluating any subsequent offer;
(iv) complying with any law;
(v) referring any material suggesting collusion by the Tenderer to the Australian Competition and Consumer Commission (ACCC) or other appropriate body and the use by the ACCC or that other body of that material to conduct any review it deems necessary;
(vi) anything else related to the above purposes, including audit and complying with governmental and parliamentary reporting requirements including requests for information by Parliament or Parliamentary Committees, Authorised Investigators or the Australian National Audit Office (ANAO);
(vii) providing information to another person in the situations specified in clause 5.2;
(viii) addressing any dispute concerning this RFT process;
(ix) for any other purpose permitted by this RFT;
(x) to consider the Tender for budgetary purposes;
(xi) the preparation, negotiation, and management of any resultant contract; and
(xii) verifying the currency, consistency and adequacy of information provided under any other RFT process conducted by the Agency.
(d) The Tenderer represents and warrants that it is able to give the licences and permissions in clause 5.3(c).
6. Policy and law
6.1 Ethical dealing
(a) The Agency’s policy is to engage in the highest standards of ethical behaviour and fair dealing throughout the RFT process. The Agency requires the same standards from those with whom it deals.
(b) Tenders must be compiled without improper assistance of current or former officers, employees, contractors or agents of the Agency and without the use of information improperly obtained or in breach of an obligation of confidentiality (including any obligation referred to in clause 5.1).
(c) Tenderers must not:
(i) engage in misleading or deceptive conduct in relation to their Tenders or the RFT process;
(ii) engage in any collusive Tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other
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person in connection with the preparation of their Tender or the RFT process;
(iii) attempt to solicit information from or influence improperly any current or former officer, employee, contractor or agent of the Agency, or violate any applicable laws or Commonwealth policies regarding the offering of inducements in connection with the RFT process;
(iv) engage in, or procure or encourage others to engage in, activity that would result in a breach of the Lobbying Code of Conduct; or
(v) otherwise act in an unethical or improper manner or contrary to any law.
(d) The Agency may exclude from consideration any Tender lodged by a Tenderer that has engaged in any behaviour contrary to clause 6.1. In addition, the Agency may refer the matter to relevant Commonwealth, State or Territory authorities. This right is in addition to any other remedies the Agency may have under law or in any contract with a Successful Tenderer.
6.2 Conflicts of interest
(a) The Tenderers should represent and declare in Attachment 2: Tenderer’s Deed at Schedule 2 whether, at the time of lodging their Tender, a conflict of interest concerning it or a related entity exists, or might arise during the term of the contract or in relation to the Tender.
(b) A conflict of interest means any matter, circumstance, interest, or activity affecting the Tenderer (including the officers, employees, agents and Subcontractors of the Tenderer) which may or may appear to impair the ability of the Tenderer to perform the contract diligently and independently.
(c) A conflict of interest may exist if:
(i) Tenderers or any of their personnel have a relationship (whether professional, commercial or personal) with the Agency’s personnel involved in the evaluation of Tenders; or
(ii) Tenderers have a relationship with, and obligations to, an organisation which would affect the performance of the contract or would bring disrepute to or embarrass the Agency.
(d) If at any time prior to entering into the contract, an actual or potential conflict of interest concerning itself or a related entity arises or may arise for any Tenderer that Tenderer should immediately notify the Contact Officer.
(e) If a conflict of interest arises, the Agency may:
(i) exclude the Tender from further consideration;
(ii) enter into discussions to seek to resolve the conflict of interest; or
(iii) take any other action it considers appropriate.
6.3 Application of law and Commonwealth policy
(a) Tenderers are considered to have familiarised themselves with all relevant Commonwealth legislation relating to the RFT process and the provision of the Requirement including:
(i) National Disability Insurance Scheme Act 2013 (Cth);
(ii) Division 137.1 of the Criminal Code Act 1995 (Cth);
(iii) Crimes Act 1914 (Cth);
(iv) the Freedom of Information Act 1982 (Cth), which requires Australian Government departments and agencies to provide access to certain documents in their possession;
(v) the Auditor-General Act 1997 (Cth), which allows the Auditor-General to conduct a review or examination, at any time, of any aspect of the operations of Australian Government agencies;
(vi) the Ombudsman Act 1976 (Cth), which authorises the Ombudsman to investigate the administrative actions of Australian Government departments and agencies and to investigate the actions of certain Australian Government contractors;
(vii) the Privacy Act 1988 (Cth), which aims to ensure that contractors and their subcontractors do not engage in an act or practice that would breach the Australian Privacy Principles if done by the Agency. The Privacy Act 1988 (Cth) also imposes obligations directly on contractors and Subcontractors to comply with the Australian Privacy Principles;
(viii) the Work Health and Safety Act 2011 (Cth), which requires a person conducting a business or undertaking to ensure the health and safety of all workers;
(ix) Workplace Gender Equality Act 2012 (Cth);
(x) the Public Interest Disclosure Act 2013 (Cth), which aims to promote the integrity and accountability of the Commonwealth public sector;
(xi) Modern Slavery Act 2018 (Cth);
(xii) Payment Times Reporting Act 2020 (Cth);
(xiii) Public Governance, Performance and Accountability Act 2013 (Cth); and
(xiv) the Commonwealth Procurement Rules.
(b) The Agency will not enter into a contract with Tenderers:
(i) that have been named in Parliament as not complying with the Workplace Gender Equality Act 2012 (Cth);
(ii) who are subject to a judicial decision against them relating to employee entitlements, not including decisions under appeal, and have not paid the claim; or
(iii) who are listed as a designated entity by the Minister for Foreign Affairs by notice in the Gazette under s 15 of the Charter of the United Nations Act 1945 (Cth) or who intend to engage subcontractors who are listed as a designated entity by the Minister for Foreign Affairs by notice in the Gazette under s 15 of the Charter of the United Nations Act 1945 (Cth). 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 and can be found at https://dfat.gov.au/international-relations/security/sanctions/Pages/consolidated-list.aspx.
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(ii) before entering into the resultant contract with the Agency where the Tenderer is a Successful Tenderer.
(b) Tenderers are required to provide information in their Tender about any past or current non-compliances with State, Territory or Commonwealth laws relating to child safety.
6.8 Shadow Economy Policy
(a) The Shadow Economy Procurement Connected Policy (available at Shadow Economy Procurement Connected Policy | Treasury.gov.au) applies to this RFT. More information on this policy and the process for applying for a Statement of Tax Record is provided by the Treasury (https://treasury.gov.au/publication/p2019-t369466) and Australian Taxation Office (https://www.ato.gov.au/Business/Bus/Statement-of-tax-record/).
(b) A Tenderer must include in their Tender all Valid and Satisfactory Statements of Tax Record relevant to the Tenderer’s entity type.
(c) Tenderers are required to obtain and hold all Valid and Satisfactory Statements of Tax Record required for the entity type of any first tier subcontractor that it proposes, as part of its response, to engage to deliver goods or services as part of a contract resulting from a procurement with an estimated value of $4 million or more (GST inclusive). The Agency will not enter into a contract with a Tenderer that has not provided all Valid and Satisfactory Statements of Tax Record.
(d) The Tenderer is required to provide the Agency with copies of Statements of Tax Record obtained under clause 6.8(c) within 5 Business Days after receiving a written request from the Agency.
6.9 Modern Slavery Act
(a) The Modern Slavery Act 2018 (Cth) requires that the Agency prepare a modern slavery statement, for a reporting period. The Agency is committed to ensuring its supply chains are not linked to Modern Slavery and to address and mitigate risks that are identified. More information on the Australian Government’s response to modern slavery risks is available at https://modernslaveryregister.gov.au/statements/file/dba35028-74c5-4324-8b41-4cd553a66f2e/.
(b) In performing any resultant Contract, the Successful Tenderer may be required to comply with Modern Slavery contract clauses which may require the Tenderer to:
(i) take reasonable steps to identify, assess and address the risks of Modern Slavery practices in the operations and supply chains used in the provision of the Requirement; and
(ii) manage specific risks of Modern Slavery as well as address or remove Modern Slavery practices identified in the Tenderer’s supply chain and operations.
6.10 Payment Times Procurement Connected Policy
(a) The Payment Times Procurement Connected Policy (PT PCP) requires large businesses who enter into a contract with the Agency to match the Government’s payment times and pay their Subcontractors within 20 calendar days.
(b) Tenderers must identify in their Tender in Attachment 2: Tenderer’s Deed at Schedule 2 whether or not they are a ‘Reporting Entity’ for the purposes of the PT
PCP. A Reporting Entity has the same meaning within the Payment Times Reporting Act 2020 (Cth).
(c) More information on the PT PCP can be found here https://treasury.gov.au/publication/p2021-183909.
7. Notification of Significant Events
(a) For the purposes of this clause 7, ‘Significant Event’ means:
(i) any adverse comments or findings made by a court, commission, tribunal or other statutory or professional body regarding the conduct or performance of the Tenderer or its officers, employees, agents or subcontractors that has an adverse impact or could reasonably be perceived to have an adverse impact on their professional capacity, capability, fitness or reputation; or
(ii) any other significant matter, including the commencement of legal, regulatory or disciplinary action involving the Tenderer or its officers, employees, agents or subcontractors, that may have an adverse impact on compliance with Commonwealth policy and legislation or the Commonwealth’s reputation.
(b) The Tenderer should disclose any Significant Event:
(i) as part of its Tender; and
(ii) following submission of its Tender, upon becoming aware of any further Significant Event.
(c) Any disclosure made under this clause 7 should provide a summary of the Significant Event, including the date on which it occurred and whether any proposed specified personnel or other personnel proposed to be engaged in connection with the Services were involved.
(d) The Agency may notify the Tenderer in writing that an event is to be considered a Significant Event for the purposes of this clause 7 and, if this occurs, the Tenderer should provide a notice under this clause 7 in relation to the event within three (3) business days of being notified by the Agency.
(e) When reasonably requested by the Agency, the Tenderer should provide to the Agency any additional information regarding the Significant Event within three (3) business days of the request.
(f) The Agency may exclude from consideration any Tender lodged by the Tenderer:
(i) that has failed to comply with the obligations in this clause 7;
(ii) if a Significant Event is disclosed in its Tender; or
(iii) if the Agency subsequently becomes aware of a Significant Event.
8. Anti-money laundering laws
(a) The Tenderer must comply with any obligations applicable to it contained in any laws arising from the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
9. Lobbying Code of Conduct
(a) The Tenderer must not engage in or procure or encourage others to engage in, any activity that would result in breaching the Lobbying Code of Conduct (available at: https://www.ag.gov.au/Integrity/lobbyists/Pages/Lobbying-Code-of-Conduct.aspx).
10. Web Content Accessibility Guidelines
(a) The Australian Government is committed to improved web accessibility in accordance with the Digital Service Standard. Information regarding the standards required for the Services is set out in Schedule 1 and the Tender Response Forms.
11. Matters concerning Tender response
11.1 Evaluation criteria
(a) Tenders will be evaluated on the basis of best value for money consistent with Commonwealth procurement policies, and the terms of the RFT.
(b) Tenderers’ attention is drawn to:
(i) section 1.5 of Schedule 1 which describes the Agency’s system integration requirements and the options that apply; and
(ii) Attachment 5 to Schedule 2, which describes the tender response requirements for the Agency’s system integration requirements.
If a Tenderer offers to provide Option 2 and/or Option 3 (in addition to Option 1, which is mandatory), the Agency will evaluate each option separately. The Agency will:
(iii) separately evaluate Evaluation Criterion 3 (System Integration) and Evaluation Criterion 5 (Pricing and payment arrangements) for each option tendered (including Option 1); and
(iv) evaluate all other Evaluation Criteria once with that evaluation used for each option tendered.
For the purpose of conducting its evaluation, each option offered will constitute a separate tender evaluated independently of the other options offered.
(c) The criteria to be applied for the purposes of evaluation are as follows, not in any order of importance (other than as indicated by weightings):
redacted: s47E(d) - certain operations of agencies
redacted: s47E(d) - certain operations of agencies
11.2 Tender response requirements
(a) Tenderers should address each of the evaluation criteria specified in the table above by completing or responding (as appropriate) to the following Tender Response Forms contained in Schedule 2:
(i) Attachment 1: Tenderer’s Details;
(ii) Attachment 2: Tenderer’s Deed;
(iii) Attachment 3: Assessment Tool(s);
(iv) Attachment 4: Operationalisation Support;
(v) Attachment 5: System Integration;
(vi) Attachment 6: Commitment to Supporting People with a Disability;
(vii) Attachment 7: Pricing;
(viii) Attachment 8: Financial Viability Questionnaire;
(ix) Attachment 9: Compliance with Commonwealth Policies and Standards;
(x) Attachment 10: Statement of Compliance with Draft Contract;
(xi) Attachment 11: Benefit to the Australian Economy;
(xii) Attachment 12: Shadow Economy Policy – Statement of Tax Record.
(b) If page and/wording limits are stipulated in Schedule 2, the Agency reserves the right not to consider material beyond the relevant page / word limit if these limits are exceeded. Tenders should use size 11 Arial font for the text, except for any headings.
(c) Tenderers may include additional information in their Tenders, however the Tenderer’s response to each of the Tender Response Forms will form the basis of the evaluation.
(d) Each Tender Response Form should commence on a new page or separate document/attachment as appropriate.
(e) See also clause 13.3 for Minimum Content and Format Requirements for Tenders and clause 13.4 for Conditions of Participation.
11.3 Tenderers to inform themselves
(a) Information in this RFT concerning current or past requirements, volumes, location, environment or other relevant matters has been prepared from information available to the Agency and may not have been independently verified. Such information may be based on projections from information on available historical information which may not be accurate and may assume trends or events or other matters that may not be valid or eventuate as and when expected or at all. In addition, the Agency does not guarantee that this information will remain true at any future point in time.
(b) The Agency has no liability to any Tenderer should any information or material provided with respect to this RFT or the Requirement be inaccurate or incomplete or if actual volumes, locations, environments or other relevant matters vary from the Agency’s current expectations.
(c) Tenderers are considered to have:
(i) examined this RFT, including any variations or addenda to this RFT, any documents referenced in this RFT and any other information made available by the Agency to Tenderers for the purpose of Tendering;
(ii) examined all further information which is obtainable by the making of reasonable inquiries relevant to the risks, contingencies, and other circumstances having an effect on their Tenders;
(iii) satisfied themselves as to the correctness and sufficiency of their Tenders including Tendered prices;
(iv) made their own independent assessments of actual workload requirements under any resultant Contract and all prices will be presumed by the Agency to have been based upon Tenderers’ own independent assessments;
(v) satisfied themselves as to the terms and conditions of the Draft Contract and their ability to comply with the Draft Contract, subject to their responses to Schedule 2 Attachment 10: Statement of Compliance with Draft Contract; and
(vi) examined the AusTender Terms of Use which are obtainable on the AusTender website (https://www.tenders.gov.au).
(d) In preparing their Tenders, Tenderers must not rely on:
(i) any representation, letter, document or arrangement, whether oral or in writing, or other conduct as adding to or amending this RFT other than amendments in accordance with clause 4.2(a); or
(ii) any warranty or representation made by or on behalf of the Agency, except as are expressly provided for in this RFT.
(e) The Agency will not be responsible for any costs or expenses incurred by Tenderers in complying with the requirements of this RFT.
11.4 Disclaimer
(a) This RFT is an invitation to treat and is not to be taken to be or relied upon as an offer capable of acceptance by any person or as creating any form of contractual (including a process contract), quasi contractual, restitutionary or promissory estoppel rights, or rights based on similar legal or equitable grounds, whether implied or otherwise.
(b) The Agency is not liable to any Tenderer on the basis of any contract or other understanding (including any form of contractual, quasi contractual, restitutionary or promissory estoppel rights, implied obligations or rights based on similar legal or equitable grounds) whatsoever, or in negligence, as a consequence of any matter relating or incidental to this RFT, the procurement of any or all of the Requirement or a Tenderer’s participation in this RFT process, including instances where:
(i) a Tenderer is not invited to participate in any subsequent process as part of or following completion of this RFT process;
(ii) the Agency varies the RFT process;
(iii) the Agency elects to enter into a contract for all or any part of the Requirement with any party, whether or not that party was a Tenderer in this RFT process;
(iv) the Agency decides to terminate the RFT process or not to contract for all or any part of the Requirement; or
(v) the Agency exercises or fails to exercise any of its other rights under or in relation to this RFT.
11.5 Complaints
(a) If a Tenderer wishes to lodge a formal complaint regarding this RFT, the complaint is to be directed in writing to: redacted: s47E(d) - certain operations of agencies@ndis.gov.au.
(b) Tenderers are directed to the Agency’s website for more information about making a complaint: https://www.ndis.gov.au/about-us/governance/procurement-and-grants.
(c) Tenderers are to cooperate with the Agency in the resolution of any complaint regarding this RFT.
12. General matters
12.1 Prices and units
(a) The Tender must be written in English.
(b) All measurements must be expressed in Australian legal units of measurement, including prices in Australian dollars (AUD).
(c) Tendered prices should be inclusive of:
(i) GST (as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth));
(ii) all costs of complying with this RFT; and
(iii) all costs associated with doing all things necessary for the due and proper completion of the proposed Contract.
12.2 Part Tenders
Subject to clause 12.5, the Agency will not consider Tenders for only part of the Requirement.
12.3 Consortium and joint venture Tenders
(a) The Agency does not intend to consider a Tender from a Tenderer that does not exist as a legal entity at the Closing Time.
(b) Without limiting the Agency’s rights, the Agency intends to enter into a contract with a single legal entity that will be the party responsible for the performance of any resultant Contract.
(c) The Agency will accept Tenders from consortia (including joint ventures) provided the Tender is submitted by a single legal entity as the lead member of the consortium or joint venture. A reference to Tenderer in this RFT is a reference to each member of the consortium or joint venture (as the case may be).
(d) If Tenderers submit a consortium or joint venture tender for the Requirement, the consortium or joint venture Tender:
(i) will be evaluated on the basis of the entities identified in the Tender;
(ii) must include in the Tender, the information sought in the RFT for each member of the consortium or joint venture;
(iii) must describe in detail the relationship between each member of the consortium or joint venture and the structure of the proposed management of the consortium or joint venture, including nominating a single point of contact for all communications in relation to this RFT;
(iv) must nominate a single legal entity (being one of the consortium members) which will, if successful, enter into a Contract with the Agency at the end of the RFT. This legal entity will be responsible for the performance of all obligations contained in any resulting Contract irrespective of any consortium or joint venture arrangement; and
(v) include other such information that the Agency requires to undertake a risk assessment of the proposed consortium or joint venture Tender.
(e) The Agency may require written assurances from each member of the consortium or joint venture (as relevant) to confirm its ability and willingness to perform the Requirement in the manner outlined in the Tender at any stage prior to the award of a contract.
12.4 Subcontractors
If any aspect of the Requirement will be provided or performed by a consortium or joint venture member or Subcontractor, the details of all proposed consortium or joint venture members or Subcontractor(s) and where relevant, their proposed responsibilities must be set out in the Tender.
12.5 Alternative Tenders
(a) The Agency may consider a Tender that does not fully conform with the Requirement (‘Alternative Tender’) if:
(i) the Tenderer also lodges a Tender that conforms with the Requirement; and
(ii) the Alternative Tender:
A. proposes a solution that satisfies the functionality of the Requirement, including any identified essential requirements;
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 Tenderer price); and
D. clearly states the reasons for each instance of change and how the change is more beneficial to the Agency than the approach required by the Requirement.
(b) Failure to provide the information requested and adhere to the requirements in clause 12.5(a) may result in the Agency not considering the Alternative Tender.
13. Evaluation of Tenders
13.1 Evaluation process
(a) Following the Closing Time, Tenders will be evaluated to identify the Tender that represents best value for money on the basis of the evaluation criteria set out in clause 11.1 and taking into account relevant Agency policy and this RFT. Value for
the by 1982 Act Information of Freedom the under
(iii) the Tender includes a substantially completed and signed Tenderer’s Deed in the form provided in Attachment 2: Tenderer’s Deed in Schedule 2; and
(iv) the tender has elected in Attachment 5 of Schedule 2 to offer Option 1 - NDIA Build.
(b) Notwithstanding the use of ‘must’, ‘shall’, ‘will’ or other mandatory language, no other requirement in this RFT is to be treated as a ‘Minimum Content and Format Requirement’.
13.4 Conditions for Participation
(a) The Agency will exclude a Tender from further consideration if at any time before a contract is executed the Agency considers that the Tenderer does not meet any one or more of the following Conditions for Participation:
(i) exist as a legal entity at the Closing Time (including compliance with clause 12.3(d), if a consortium or joint venture); and
(ii) not be insolvent, bankrupt, in liquidation or administration at or after Closing Time (this applies to any consortium or joint venture members).
(b) Notwithstanding the use of ‘must’, ‘shall’, ‘will’ or other mandatory language, no other requirement in this RFT is to be treated as a ‘condition for participation’.
13.5 Essential requirements
The Agency will exclude a Tender from further consideration if at any time before a contract is executed the Agency considers that the Tenderer has not met any of the essential requirements specified in the Statement of Requirements.
13.6 Clarification, short-listing and negotiations
(a) The Agency may:
(i) use any relevant information obtained in relation to a Tender (provided in the Tender itself, otherwise through this RFT or by independent inquiry) in the evaluation of Tenders;
(ii) use material tendered in response to one evaluation criterion in the evaluation of other criteria;
(iii) use any additional information available when assessing a Tenderer against any evaluation criterion;
(iv) seek clarification or additional information from any Tenderer for the purposes of Tender evaluation;
(v) shortlist one or more Tenderers at any time and seek further information from them;
(vi) seek best and final offers from one or more Tenderers;
(vii) enter into negotiations or discussions with one or more Tenderers; or
(viii) discontinue negotiations or discussions with a Tenderer, whether or not the Tenderer has been notified that it is the preferred Tenderer.