(b) Tenderers should nominate in their Tender a person for the purpose of responding to any clarification requests which may arise during Tender evaluation or receiving other notices during the RFT process. Tenderers should include the name, address and contact details of that person in the form at Attachment 1: Tenderer’s Details in Schedule 2. The person nominated by the Tenderer must be authorised to represent and bind the Tenderer in relation to this RFT.

13.7 Verification Activities

(a) The Agency may, as part of the RFT process, conduct additional activities with one or more Tenderers in order to clarify, improve and maximise value for money of Tenders (including pricing) for the Agency.

(b) Where the Agency elects to conduct Verification Activities, the Agency may issue a Verification Activity process document to Tenderers shortlisted to participate in the Verification Activities process that provides further details of the process and specific terms and conditions governing the Verification Activity process.

(c) The Agency may refuse to conduct, or to further conduct, Verification Activities with a Tenderer if the Tenderer fails to comply with the requirements of a process document issued to the Tenderer under clause 13.7(b).

(d) Verification Activities may include the following:

(i) submission of additional information;

(ii) discussions with Tenderers;

(iii) provision of feedback to Tenderers;

(iv) workshops;

(v) interviews;

(vi) demonstrations of any proposed assessment tool(s) or other solutions (e.g. where the Tenderer is offering Software as a Service (SaaS) and/or Software as a Product (SaaP) solutions as part of the system integration solution component of the Requirement, it may also be required to provide a demonstration of proposed solutions as per non-functional requirement (NFR-100) outlined in Document 3 – Software Requirements);

(vii) improved definition and refinement of draft plans and programs;

(viii) assessment of capabilities; and

(ix) submission of final Tenders and best and final offers upon completion of any Verification Activities (provided that Tenderers should ensure that they put their best offer forward in response to this RFT and should not rely on any further request for best and final offers).

(e) As part of the Verification Activity process, the Agency may make changes to the Draft Contract and Statement of Requirements, and require Tenderers to amend their Tenders to reflect the changes.

(f) Without limiting clause 13.7(e), the Agency will not be responsible for any costs or expenses incurred by any Tenderer in participating in the Verification Activity process.

13.8 Offers and acceptance of offer

(a) Lodging a Tender will constitute an offer by the Tenderer to provide the Requirement on the terms and conditions set out in the Draft Contract, subject to any exceptions noted in its response Attachment 10: Statement of Compliance with Draft Contract in Schedule 2 for a period of not less than the Offer Period.

(b) A Tender will not be taken to have been accepted unless and until a formal contract has been executed by the Tenderer and the Agency. Notice by the Agency to any Tenderer that it is, or is not, a preferred or Successful Tenderer will not constitute an acceptance or rejection of any Tender.

14. Other Matters

14.1 Public Statements

(a) Except with the prior written approval of the Agency, Tenderers must not make a statement, issue any document or material or provide any other information for publication in any media, concerning Tender evaluation, the acceptance of any Tender, commencement of negotiations, creation of a shortlist, or notification that a Tenderer is the preferred Tenderer.

(b) The Agency may exclude a Tender from further consideration if the Tenderer does not comply with this requirement.

14.2 Additional Rights of the Agency

(a) Without limiting other rights contained in this RFT, the Agency may do any or all of the following at any time:

(i) seek amended Tenders or call for new Tenders;

(ii) forward any clarification about this RFT to all known Tenderers (as appropriate) on a non-attributable basis and without disclosing any confidential information of a Tenderer;

(iii) allow or not allow another legal entity to take over a Tender in substitution for the original 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.

(iv) negotiate with one or more persons who have not submitted Tenders or enter into a contract or other binding relationship for similar services to the Services outside the RFT process;

(v) amend any part of this RFT;

(vi) suspend or restart this RFT process;

(vii) discontinue this RFT when it is otherwise required to procure some or all of the Services under a coordinated procurement contracting arrangement;

(viii) terminate the RFT process at any time, including if the Agency determines that:

A. it is in the public interest to do so;

B. no Tenderer represents value for money;

C. no Tenderer meets the Minimum Content and Format Requirements, Conditions for Participation, or essential requirements; or

D. no Tenderer is fully capable of undertaking the Contract;

(ix) require any or all Tenderers to perform a presentation or demonstration related to their respective Tenders at a location determined by the Agency, having provided the Tenderers with reasonable notice; and

(x) ask some or all Tenderers to host a site visit.

(b) The Agency may, at any time, exclude a Tender submitted by a Tenderer from further consideration if:

(i) the Tender is not compliant with any Conditions for Participation, Minimum Content and Format Requirements, or essential requirement (taking into account any permitted clarification, correction or additional information provided by the Tenderer);

(ii) the Tender is clearly unacceptable, including due to any matter which is unscored but which may be taken into account;

(iii) the Tenderer does not promptly provide all reasonable assistance to the Agency, including in relation to the Agency’s risk assessment, security, probity or financial investigations; or

(iv) an insolvency event occurs in relation to the Tenderer or any of its related bodies corporate.

(c) Disclosure to Tenderers of any information concerning this RFT process is at the complete discretion of the Agency unless expressly provided otherwise in this RFT.

14.3 Publication of contract award

(a) In accordance with the Senate Order on Departmental and Agency Contracts, the Agency is required to list the contracts with a consideration of $100,000 or more that it entered into during the previous 12 months, or that have not been fully performed, on the Internet with access via the Agency’s home page. Further information regarding these requirements is specified in Resource Management Guide No. 403 - Meeting the Senate Order on Entity Contracts.

14.4 Debriefing

(a) Tenderers may request an oral Tender debriefing following the award of a contract. Tenderers requiring a debriefing should contact the Contact Officer.

(b) Tenderers will be debriefed against the evaluation criteria set out in this RFT. A Tenderer will not be provided with information concerning other Tenders, except for publicly available information such as the name of the Successful Tenderer and the total price of the winning Tender. No comparisons with other Tenders will be made.

Schedule 1 - Statement of Requirements

Note to Tenderers: This Statement of Requirements sets out the requirements that the Agency requires the Successful Tenderer to meet. However, this Statement of Requirement will need to be updated and adapted to ensure that is it suitable for inclusion in the final version of the Contract agreed with the successful Tenderer and to reflect the agreed solution proposed by the Successful Tenderer.

This will include ensuring that the appropriate obligations are clear, including with respect to timeframes and acceptance and other criteria which are necessary to determine that the Services are provided in a satisfactory manner. For example, this Statement of Requirements will need to be updated to reflect the agreed approach to implementation services and ongoing operational support.

1. Background

1.1 Background to Requirement

The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 came into effect on 3 October 2024. The new legislation introduces the concept of new framework planning.

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.

This procurement activity is to identify the most appropriate assessment tool or tools that may be integrated into the future NDIS needs assessment.

1.2 Summary of Requirement

(a) There are three components of the Requirement. The NDIA requires the successful Tenderer to deliver all three components.

(i) Assessment tool(s) solution

The first component of the Requirement is the provision of a licencing arrangement which enables an NDIS workforce to administer a tool for assessing support needs of adult (16+ years) NDIS participants. This component may consist of a single assessment tool or a combination of tools.

(ii) Operationalisation support services

The second component of the Requirement is the provision of services to support the NDIA to deliver a workforce training and accreditation support that is suitable for the NDIS needs assessor workforce.

(iii) System integration solution

The third component of the Requirement relates to the provision of, or support for, a system integration solution. Tenderers must meet this component of the Requirement by providing a response to Option 1 – NDIA Build, but may also include in its Tender one or more of the other

options set out below in its Tender: The Agency will evaluate each Option separately.

A. Option 1 - rights for the NDIA to custom build (Tenderers must submit this option);

B. Option 2 - software as a service (SaaS); or

C. Option 3 - software as a product (SaaP).

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Refer to the tab ‘SaaS Functional’ and column ‘D’ (Values: ‘SaaS’) for the functional requirements in Annexure A to Attachment 5 – Software Requirements.
Refer to the tab ‘SaaS Non-Functional’ and column ‘D’ (Values: ‘SaaS’) for the non-functional requirements in Annexure A to Attachment 5 – Software Requirements.

Option 3 – Software as a Product (SaaP)

The software is installed on the Agency’s environment. The Agency can use the assessment tool(s) using its own ICT systems (whether hosted by the Agency or third party providers).

Refer to the tab ‘SaaP Functional’ and column ‘D’ (Values: ‘SaaP’) for the functional requirements in Annexure A to Attachment 5 – Software Requirements.
Refer to the tab ‘SaaP Non-Functional’ and column ‘D’ (Values: ‘SaaP’) for the non-functional requirements in Annexure A to Attachment 5 – Software Requirements.

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Schedule 2 - Tender Response Forms

Tenderers should ensure that their Tenders include, as a minimum, each of the Tender Response Forms attached to this Schedule 2.

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(d) To the extent that the Tender does not include complete information relating to matters required for the completion of the Draft Contract, the Agency may complete the Contract at its reasonable discretion, and the Tenderer shall execute the resultant Contract.

4. Acknowledgements

The Tenderer acknowledges and agrees:

(a) to the Agency’s rights as set out in the RFT and this Deed, including the Agency’s rights to exclude the Tenderer;

(b) that no binding contract (including a process contract), understanding or other legal or equitable rights or obligations will exist between the Agency and the Tenderer as a result of the RFT and until a contract is executed by both parties;

(c) that the Agency will not be responsible for any costs or expenses incurred by the Tenderer in complying with the requirements of this RFT; and

(d) that it has relied entirely upon its own inquiries and advice in preparing the Tender.

5. Confidentiality

(a) The Tenderer will not, and will ensure that its 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 Tenderer represents and warrants that it has compiled its Tender without the use of information obtained through a breach of confidentiality, section 122.4 of the Criminal Code (Cth) or the Public Service Act 1999 (Cth).

6. Ethical Dealing

(a) The Tenderer represents that its Tender has been compiled without the improper assistance of any current or former the Agency’s officers, employees, contractors or agents and without the use of information obtained unlawfully or in breach of an obligation of confidentiality to the Agency.

(b) The Tenderer represents that it has not:

(i) engaged in misleading or deceptive conduct in relation to its Tender or the RFT process;

(ii) engaged in any collusive Tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the preparation of their Tender or the RFT process;

(iii) attempted 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; or

(iv) otherwise acted in an unethical or improper manner or contrary to any law.

(i) the improper assistance of:

A. any current NDIA Officer; or

B. any former NDIA Officer who has worked in the NDIA within the last six months,

where an NDIA Officer is an officer, employee, contractor, agent or secondee of the NDIA and includes individuals in the Executive Placement Program but does not include individuals who have been appointed to or served on an NDIA advisory council, group or committee where those individuals have not been directly involved in this RTF process; or

(ii) the use of information obtained unlawfully or obtained or used in breach of an obligation of confidentiality to the Agency.

(d) The Tenderer:

(i) has not and will not offer gifts or hospitality to the NDIA’s officers or advisers involved in this RFT activity; and

(ii) it will promptly advise the Contact Officer should any NDIA employee be offered employment with the Potential Supplier during the RFT process.

7. Conflict of Interest

(a) The Tenderer represents that, having made all reasonable enquiries, the following represents its only known actual or potential conflicts of interest in respect of the RFT, its Tender or the provision of the Requirement:

^insert list or, where no conflict exists, write ‘none’^

(b) The Tenderer undertakes to advise the Agency in writing immediately upon becoming aware of any actual or potential conflicts of interest in respect of the RFT, its Tender or the provision of the Requirement.

8. Compliance with Australian standards

The Tenderer represents that it is able to meet any Australian standards applicable to the Requirement.

9. Other representations and warranties

The Tenderer represents and warrants that it:

(a) has obtained consent from any individuals who are identified in its Tender response (e.g. listed as referees, specified personnel etc.), to provide their personal information to the Agency (and for the Agency to use and disclose that information for the purposes of this RFT, or any purpose related to the RFT (including undertaking a Privacy Impact Assessment for the Requirement);

(b) has not prepared its Tender with any consultation, communication, contract, arrangement or understanding with any competitor, other than where:

(i) the Tenderer and the competitor have an agreement that has been authorised by the Australian Competition and Consumer Commission; or

(ii) the Tenderer has communicated with a competitor for the purpose of subcontracting a portion of the Requirement, and where the communication with that competitor is limited to the information required to facilitate that particular Subcontract; and

10. Workplace Gender Equality Act 2012 (Cth)

Under Australian Government procurement policy, the Tenderer is obliged to indicate whether or not it is covered by the Workplace Gender Equality Act 2012 (Cth) (the WGE Act). The Tenderer is covered by the WGE Act if it is a ‘relevant employer’, defined as being a non-public sector employer (including higher education institutions, trade unions and not-for-profit organisations) of 100 or more employees in Australia. For information about the coverage of the WGE Act, contact the Workplace Gender Equality Agency on (02) 9432 7000. [Please delete whichever of the following is not applicable]

☐ The Tenderer confirms that it is a relevant employer and has attached a current letter of compliance as part of this submission which indicates its compliance with the Workplace Gender Equality Act 2012.

☐ The Tenderer confirms that it is a relevant employer and if selected as the preferred or Successful Tenderer, will upon request from the Agency, provide a current letter of compliance prior to contract. The Tenderer acknowledges that failure to provide a current letter of compliance when requested will result in it losing its status as the preferred or Successful Tenderer.

☐ The Tenderer confirms that it is not a relevant employer.

11. Shadow Economy

(a) The Tenderer represents and warrants that:

(i) it holds all Valid and Satisfactory Statements of Tax Record for:

A. itself; and

B. any first tier subcontractor that it proposes, as part of its Tender, to engage to deliver the Services, where the estimated value of the Services to be undertaken by that subcontractor is $4 million or more (GST inclusive);

(b) if successful, it will ensure that any first tier subcontractor not included in its Tender that it subsequently engages to deliver the Services, where the estimated value of the Services to be undertaken by that subcontractor is $4 million or more (GST inclusive), provides it with a Satisfactory Statement of Tax Record that is Valid at the time of entry into the subcontract;

(c) if successful and its Satisfactory Statement of Tax Record is or will be no longer Valid at the time any contract will be entered into with the Agency, it will, if requested by the Agency, provide the Agency with a renewed Valid and Satisfactory Statement of Tax Record prior to the Contract being entered into;

(d) if successful, it will:

(i) hold a Valid and Satisfactory Statement of Tax Record for the duration of any Contract entered into with the Agency and, on request by the Agency, provide to the Agency a copy of any such Statement of Tax Records;

(ii) ensure that any first tier subcontractor it engages to deliver the Services, where the estimated value of the Services to be undertaken by that subcontractor is $4 million or more (GST inclusive) holds a Valid and Satisfactory Statement of Tax Record for the duration of any subcontract in relation to those Services; and

(iii) retain a copy of all Statements of Tax Record held by any first tier subcontractor in accordance with clause 9.1(d)(i) of this deed poll and, on request by the Agency, provide to the Agency a copy of any such Statements of Tax Record; and

(e) it acknowledges that, if it is successful and it does not comply with the requirements outlined in clause 11(d) of this Deed, it will be a breach of the Contract.

12. Modern Slavery Act

(a) The Tenderer acknowledges that the Agency is prohibited from seeking to benefit from supplier practices that are dishonest, unethical or unsafe.

(b) The Tenderer declares the following:

(i) the Tenderer has not been found to have used, or otherwise be engaged in, Modern Slavery within its operations or supply chains;

(ii) the Tenderer has not been convicted of any offence involving Modern Slavery;

(iii) the Tenderer has not been and is not the subject of any formal complaint, investigation, inquiry or enforcement proceedings by any person or regulatory body in connection with Modern Slavery;

(iv) the Tenderer has undertaken a thorough review of its operations and supply chains, and the operations and supply chains of the Tenderer Group Members, to identify any instance of Modern Slavery; and

(v) the Tenderer has notified the Agency of any actual, reasonably suspected or anticipated instance of Modern Slavery in its operations and supply chains.

(c) The Tenderer acknowledges and agrees that it will, and will ensure that each of its proposed Subcontractors will, provide any information or records reasonably required by the Agency in relation to:

(i) the Tenderer; or

(ii) a proposed Subcontractor,

for the purposes of the Agency satisfying its obligations as a reporting entity under the Modern Slavery Act 2018 (Cth).

(d) Within 10 Business Days of a written request from the Agency, the Tenderer must provide the information and records required under clause 12(c) above.

(e) In clause 12 above, ‘Modern Slavery’ has the meaning given in the Modern Slavery Act 2018 (Cth), and ‘Tenderer Group Members’ means the Tenderer, its related bodies corporate or related entities, and any subcontractor/s the Tenderer intends to use to perform the Services.

13. Employee work health and safety

(a) The Tenderer represents the following:

(i) the Tenderer has had, in the three years preceding the release date of this RFT, [NIL / specify number] adverse Court or Tribunal decision(s) for a breach of any work health and safety legislation including the Work Health and Safety Act 2011 (Cth) and equivalent State or Territory Laws, that are relevant to the Requirement and the safe manner in which they would be provided, workplace relations law, or workers’ compensation law;

Note to Tenderers: In the following paragraphs strike through whichever option does not apply. If the response to paragraph (i) above is NIL, strike out both options.

(ii) [the Tenderer has fully complied, or is fully complying, with all penalties or orders arising from any Court or Tribunal decisions;]

(iii) [the Tenderer has not fully complied with, or is currently not fully complying with [insert number] of the penalties or orders arising from the Court or Tribunal decisions and has provided as part of its tender information about each of these penalties or orders;]

Note to Tenderers: Tenderers must provide additional information about each decision declared above. Tenderers should note that they will not be eligible for further consideration for this procurement if they have not fully complied with, or are not fully complying with, any Court or Tribunal decision, or have not appealed the decision prior to the end of the appeal period.

14. Declaration about Illegal Workers

(a) The Tenderer represents and warrants that:

(i) it, and any party proposed by the Tenderer to provide any of the Services, [has] / [has not] received a penalty or order arising from a court or tribunal decision in relation to an Illegal Worker; and

(ii) if it has received a penalty or order arising from a court or tribunal decision in relation to an Illegal Worker, it and any party proposed by the Tenderer to provide any of the Services, [has] / [has not] fully complied with a penalty or order arising from a court or tribunal decision in relation to an Illegal Worker.

15. Payment Times Procurement Connected Policy

The Tenderer represents that it [is/ is not] a ‘Reporting Entity’ for the purposes of the Payment Times Procurement Connected Policy. A ‘Reporting Entity’ has the same meaning of the Payment Times Report Act 2020 (Cth).

16. Child Safety

(a) The Tenderer represents that it:

Note to Tenderers: In the following paragraphs strike through whichever option does not apply.

(i) has provided evidence in its Tender regarding its compliance with clause 6.7 of the Conditions of Tender;

(ii) will provide evidence of compliance with clause 6.7 of the Conditions of Tender before entering into a resultant contract with the Agency if the Tenderer is the Successful Tenderer.

17. Sanctions

(a) The Tenderer represents and warrants that neither it, nor any current or proposed Tenderer personnel (and subcontractor/s) or related body corporates or related entities, are listed as terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth).

(b) The Tenderer represents and warrants that neither it, nor any current or proposed Tenderer Personnel (and subcontractors) or related body corporates or related entities, are named in the consolidated list referred to in Regulation 40 of the Charter of United Nations (Dealing with Assets) Regulations 2008 (Cth).

(c) The Tenderer represents and warrants that it, and any current or proposed Tenderer Personnel (including subcontractors) representatives, related body corporates or related entities comply with the United Nations Security Council sanctions regimes under the Charter of the United Nations Act 1945 (Cth) and the Australian autonomous sanctions regimes under the Autonomous Sanctions Act 2011 (Cth). Further information is available at https://www.dfat.gov.au/international-relations/security/sanctions/about-sanctions.

18. Declaration and Proceedings

(a) The Tenderer represents and warrants that it (and any of its proposed subcontractor/s) is not subject to an adverse court or tribunal decision (not including decisions under appeal) for a breach of workplace relations law, work health and safety law, or workers’ compensation law, or if the Tenderer is subject, that the Tenderer has fully complied, or is fully complying with the court or tribunal order.

(b) The Tenderer represents and warrants that it (and each of its proposed subcontractor/s) does not have any unpaid claims in respect of judicial decisions (other than decisions subject to appeal) made against it relating to employee entitlements.

(c) The Tenderer represents to the best of the Tenderer’s knowledge that there are no proceedings that are pending or threatened against the Tenderer, a related body corporate or a related entity where such proceedings will or have the potential to impact adversely upon either:

(i) the Tenderer’s capacity to perform and fulfil its obligations under the Contract if contracted as a result of the RFT process; or

(ii) the Tenderer’s reputation.

19. Compliance with Relevant Regulations/Framework

(a) The Tenderer represents and warrants that its practices comply with relevant regulations and/or regulatory frameworks, including but not limited to labour regulations, including ethical employment practices, work health and safety and environmental impacts in accordance with the Commonwealth Procurement Rules.

20. Notification of Significant Events

(a) The Tenderer represents and warrants that, other than the disclosures in clause 20(b) its Tender, the Tenderer has no Significant Events to disclose as part of its Tender.

(b) [Insert details of any Significant Event or NIL].

21. Lobbying Code of Conduct

(a) The Tenderer represents and warrants that it has not engaged in, or procured or encouraged others to engage in, activity that would result in a breach of the Lobbying Code of Conduct where its activities fall within the scope of the Lobbying Code of Conduct: https://www.ag.gov.au/integrity/publications/lobbying-code-conduct

22. Other laws

(a) The Tenderer represents that, to the best of its knowledge it has complied with, and will continue to comply with:

(i) any obligations applicable to the Tenderer contained in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and

(ii) all other relevant laws in preparing and lodging its Tender and taking part in the RFT process.

23. Changes

If at any time prior to entry into a contract with the preferred Tenderer, any information provided in this Deed changes, the Tenderer agrees to advise the Agency of that change within 7 calendar days.

24. Survival

This Deed survives termination or expiry of this RFT.

25. Termination and amendment

(a) This Deed must not be unilaterally terminated or amended unless such termination or amendment is reduced to writing and agreed in writing by the Agency.

26. Applicable Law

The Tenderer agrees that the laws of Victoria apply to this Deed and the Tenderer submits to the non-exclusive jurisdiction of the courts of Victoria for any proceedings in relation to this RFT.

EXECUTED AS A DEED POLL for the benefit of the National Disability Insurance Agency

Dated this ^insert day^ day of ^insert month^ ^year^

Signed Sealed and Delivered by ^insert name of Tenderer^ by its duly authorised representative:

Signature of witness

Full name of witness

Signature of authorised signatory

Full name of authorised signatory

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Annexure A to Attachment 5: Software Requirements

Note to Tenderers: the Software Requirements form is attached to this RFT as a separate document.

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Attachment 7 - Pricing

Tenderers should provide their proposed price for the delivery of the Requirement in Annexure A: Pricing Response Form. Tenderers must complete those parts of Annexure A to Attachment 7 that relate to the Option(s) being tendered for.
When proposing prices, Tenderers are advised that:

(a) prices must be stated in Australian dollars;

(b) the prices should be inclusive of all costs and expenses of complying with the requirements of the Draft Contract and Requirements;

(d) be inclusive of all Australian and overseas taxes and charges; and

(e) where GST is applicable on ‘taxable supplies’ within the meaning of the GST Act, ensure that prices are GST inclusive and separately identify the GST amount applicable.

Tenderers should ensure their response:

(a) Includes proposed service levels and service level rebates which will apply to the delivery of the Requirement;

(b) is inclusive of all costs and expenses associated with the Tenderer’s delivery of the Requirement (including for each relevant service component);

(c) provides a detailed explanation of how the proposed price was reached, including any relevant cost breakdown where appropriate;

(d) provides details of any qualifications, assumptions, exclusions or dependencies upon which the proposed price relies;

(e) where relevant, provides details of any relevant rates (and applicable volumes) used to calculate pricing; and

(f) outline the preferred timing for payment, Tenderers must outline whether any full or partial payments are required before completion of item and provide the reason why.

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Attachment 9 - Compliance with Commonwealth Policies and Standards

Tenderers must indicate their compliance with each of the below Commonwealth Policies and standards.

| Workplace gender equality | In accordance with the Workplace Gender Equality Procurement Principles, the Agency will not enter into any contracts with a Tenderer that is non-compliant under the Workplace Gender Equality Act 2012 (Cth) (the WGE Act).

In addition, Tenderers must

identify in their Tender whether or not they are a ‘relevant employer’ under the WGE Act; and
if they are a ‘relevant employer’, submit with their Tender a copy of a current letter of compliance issued by the Workplace Gender Equality Agency (WGEA). | See Tenderer’s Deed | | — | — | — | | Employee Entitlements | The Tenderer represents that, having made all reasonable enquiries, as at the date of this declaration, it is not subject to any judicial decisions relating to employee entitlements (not including decisions under appeal) which claims have not been paid. | See Tenderer’s Deed | | Work Health and Safety | The Tenderer represents that it has not had any adverse Court or Tribunal decision(s) for a breach of any work health and safety legislation including the Work Health and Safety Act 2011 (Cth) and equivalent State or Territory Laws, that are relevant to the Services. | See Tenderer’s Deed | | Illegal Workers | The Tenderer represents and warrants that it will not use illegal workers and has not had any penalty or order against it arising from using illegal workers. | See Tenderer’s Deed | | Australian Standards | The Tenderer represents that it is able to meet any Australian standards applicable to the Services. | See Tenderer’s Deed | | Sanctions | The Tenderer and warrants that neither it, nor any current or proposed Tenderer personnel (and subcontractor/s) or related body corporates or related entities, are listed as terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth) or have sanctions imposed on them under various laws. | See Tenderer’s Deed | | Child Safety | Tenderers should provide information required under clause 6.7 of the Conditions of Tender. | See Tenderer’s Deed and Annex A to this Attachment 9. | | Shadow Economy Procurement Connected Policy | The Shadow Economy Procurement Connected Policy applies to this procurement. Tenderers must provide a statement from the Australian Taxation Office showing they have a | See Attachment 12 |

satisfactory tax record in accordance with the Policy, clause 6.8 and Attachment 12.
Indigenous Procurement Policy	The Indigenous Procurement Policy applies to this procurement. Tenderers must provide details of how it will increase purchasing from Indigenous Enterprises (being an organisation that is 50 per cent or more Indigenous owned that is operating a business) and employment of Indigenous Australians in the delivery of any resultant contract, in accordance with the Policy, clause 6.6 and Attachment 9.
Payment Times Procurement Connected Policy	Tenderers must complete the Payment Times Procurement Connected Policy declaration in the Tenderer’s Deed.
Lobbying Code of Conduct	Tenderers must not have engaged in, or procured or encouraged others to engage in, activity that would result in a breach of the Lobbying Code of Conduct.
Notification of Significant Events	Tenderer represents and warrants that, other than the disclosures in its Tender, the Tenderer has no Significant Events to disclose.

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Attachment 11 - Benefit to the Australian economy

Tenderers should provide details of the economic benefit of their Tender to the Australian economy noting that only direct effects, or first round economic effects to the Australian economy will be considered by the Agency.
Tenderers may wish to address the following issues in relation to their Tender:

(a) employing workers in Australia;

(b) investment in property, equipment and other infrastructure that benefit Australian communities;

(d) small and medium sized enterprises and Subcontractors to be involved in performing the Requirement, including details of linkages that will be established to global supply chains;

(e) research and development activities in Australia;

(f) technology or skills transfer to Australian businesses;

(g) value of inputs from suppliers based in Australia compared with overseas;

(h) value of labour costs (including from Subcontractors and other suppliers) based in Australia compared with overseas; and

(i) contribution to social and community outcomes in Australia.

Tenderers must submit a response to this Attachment 11 (Benefit to the Australian economy) that is no more than five (5) A4 pages (excluding tables and infographics), using size eleven (11) Arial font.

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Schedule 3 – Draft Contract

Note to Tenderers: the Draft Contract is attached to this RFT as a separate document.

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Risk rating

2.8. Following negotiations, the overall risk rating for entering into an agreement with Melbourne University is medium. The full risk assessment, together with the proposed mitigations, is included in the Negotiation Report in Attachment A.

2.9. redacted: s42 - legal professional privilege, s47G - business information

2.10. redacted

Value for Money

2.11. As detailed in the Negotiation Report, this procurement outcome is considered to represent value for money to the Commonwealth as:

a) redacted: s47G - business information

b) The Tenderer’s support needs assessment tool is the best solution available of those Tenderers that passed initial screening to the technical evaluation to meet the NDIA’s reform objectives;

c) Through negotiations, the NDIA and the Tenderer resolved the NDIA’s issues with the Tenderer’s submission, relating to the services to be delivered. The services are detailed in the refined Statement of Requirements;

d) redacted: s47G - business information the tool is far more suitable to the NDIS context than other tools offered, and the proposed personnel have significantly more relevant experience related to assessing support needs than other Tenderers, which contributed to value for money;

e) redacted: s47G - business information

f) While the final agreed pricing is approximately 5% ($1.5m) higher than that proposed by the University of Melbourne in its tender submission, this

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differential is due to offer clarification and the increased scope of workforce training and support required by the Agency ($2.9m more than originally tendered for). Other proposed services (relating to stakeholder engagement and operationalisation support) were reduced in scope, with associated pricing for those services also reduced as a result ($1.4m less than originally tendered for).

g) The procurement will use public resources in an efficient, effective, economical and ethical manner that is consistent with the policies of the Commonwealth and Agency;

h) the proposed solution will facilitate accountable and transparent decision making, including through the delivery of Workstream 3, outlined in the Statement of Requirements

i) the proposed solution / proposed approach encourages appropriate engagement with risk;

j) the price is commensurate with the scale and scope of the business requirement, and;

k) The Evaluation Committee and Negotiation Team used 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.

2.12. This Approval to enter into an Agreement does not involve payment in advance of goods or services being received (prepayment) under the Finance Policies.

3. AAI Exemption

3.1. This procurement was compliant with the AAIs, and therefore no exemption was required.

4. Financial Management Compliance System (FMCS) Breach

4.1. Not applicable.

5. Budget

Initial term of the arrangement

5.1. The value of the initial term of the proposed arrangement is $28,855,537 (GST inclusive), inclusive of travel expenses and other contingencies, as identified in Table 2: Fixed price amount for the initial term.

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Table 2: Fixed price amount for the initial term

redacted: s47G - business information

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7.5. Additionally, the Policy and Practice Leadership Division consulted the following individuals and select members of their teams to develop the Statement of Requirements for the contract:

redacted: s47F - personal privacy

8. Deviations from the probity and legal advice given

8.1. The evaluation process and this Approval to Enter into an Agreement comply with the probity and legal advice provided, subject to any exceptions stated in the relevant sign-offs from those advisors.

9. Parties external to the procurement process seeking to influence the outcome

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

10. Compliance with relevant NDIA policies and directives

10.1. As required under the NDIA Procurement Policy, redacted: s47F - personal privacy has consulted with Procurement Branch during the completion of this document. The Procurement Adviser was redacted: s47F - personal privacy and redacted: s47F - personal privacy.

10.2. As required under the NDIA Procurement Policy, I confirm that I have undertaken the Procurement Fundamentals LEAP module.

10.3. This Approval to enter into an Agreement has been prepared in accordance with the NDIA Procurement Policy, NDIA Accountable Authority Instructions and Financial Authorisations, and the NDIA Probity Protocol that requires all Officers to declare conflicts of interest.

10.4. One conflict of interest was identified through this procurement process that required recusal from the procurement process:

a) redacted: s47F - personal privacy recused redacted: s47F - personal privacy from any involvement in the procurement due to a declared personal friendship with a person who works at the University of Melbourne. This recusal took place as soon as redacted: s47F - personal privacy became aware that the University of Melbourne was likely to

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Attachment A – Negotiation Report

File name: FOR INFORMATION – PROC-4807 – NEGOTIATION REPORT

Attachment B – Contract (Marked Up)

File name: FOR INFORMATION - PROC-4807 - Attachment B - Contract (Marked Up Version)

File name: FOR INFORMATION - PROC-4807 - Attachment B - Contract (Marked Up Version) – Schedule C – Statement of Requirements

Attachment C – Probity Adviser Sign Off

File name: FOR INFORMATION – PROC-4807- Attachment C – Probity Sign Off Letter

Attachment D – Commercial Law Adviser Sign Off

File name: FOR INFORMATION – PROC-4807- Attachment D – Commercial Law Advisor Final Legal Sign-Off

Attachment E – Liability Risk Assessment

File name: FOR INFORMATION – PROC-4807- Attachment E – Liability Risk Assessment

Attachment F – Summary of Contract Departures

File name: FOR INFORMATION – PROC-4807- Attachment F - Contract Departures

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2. Procurement process to date

2.1. The CEO approved the Proposal to undertake a Procurement on 04 February 2025 in PDMS (EC25-000320).

2.2. The Request For Tender was released through AusTender on 05 February 2025 with a Closing Time of 1400 on 28 March 2025.

2.3. redacted: s47G - business information

Details are included in the Evaluation Report in Attachment A.

2.4. The remaining submissions were assessed in accordance with the Evaluation Plan, with the Evaluation Committee determining the following:

a) The submission from University of Melbourne represents value for money and it is recommended that the Agency enters into negotiations. In the technical assessment, the submission received a total weighted score of 83.25/100. The Evaluation Committee considered the I-CAN assessment tool to be suitable for the NDIS context, and that the Tenderer had relevant experience in developing accreditation and training approaches in other programs. The Committee considered some proposed services such as stakeholder consultation and a multidisciplinary expert team went beyond the requirements of the RFT, and negotiations would be required to ensure a better value for money outcome.

redacted: s47G - business information

2.5. The evaluation process was completed, with the Evaluation Report signed off by all members, on 17 June 2025. The Evaluation Report which provides the value for money assessment, risk rating and the recommended outcomes for this procurement process is at Attachment A and is supported by probity sign-off (Attachment C) and expert reports (Attachments D to H).

2.6. As noted in the Recommendations in Section 6 of the Evaluation Report, it is recommended that the NDIA enter into negotiations with University of Melbourne to determine whether a value for money outcome can be achieved.

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2.7. The key items for negotiations include:

Proposed services:

redacted: s47G - business information

Contractual/legal issues:

redacted: s42 - legal professional privilege

Other:

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redacted: s47F - personal privacy, s47G - business information

2.8. A Negotiation Directive has been prepared for your approval identifying the Negotiation Team and their responsibilities, and the proposed negotiation strategy and negotiation points (Attachment B). Any issues that are raised outside of this Negotiation Directive will be referred to you for advice.

2.9. Following negotiations, a Negotiation Report including a final determination and recommendation will be provided for your consideration.

3. Advice relating to the negotiation activities

3.1. redacted: s47F - personal privacy, Assessment and Budgeting Initiative has consulted with Procurement Branch during the completion of this document and the Negotiation Directive. The Procurement Adviser was redacted: s47F - personal privacy.

3.2. redacted: s42 - legal professional privilege

3.3. Probity advice has been provided by Clayton Utz who has reviewed and signed off on the Evaluation Report (Attachment C), including the areas for negotiation noted in the Evaluation Report.

3.4. Additionally, the Assessment and Budgeting Initiative has consulted with the following areas of the Agency to prepare the Negotiation Directive:

redacted: s47F - personal privacy

4. Conflicts of interest

4.1. One conflict of interest was identified through this procurement process that required recusal from the procurement process:

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List of attachments

The following attachments are included in the PDMS record:

FOR INFORMATION – PROC-4807 - Attachment A: Evaluation Report (including Attachments C-H below)
FOR INFORMATION – PROC-4807 - Attachment B: Negotiation Directive
Documents referenced in the Evaluation Report:
- FOR INFORMATION – PROC-4807 - Attachment C: Probity Sign-off Letter
- FOR INFORMATION – PROC-4807 - Attachment D: Disability Expert Advisor Report
- FOR INFORMATION – PROC-4807 - Attachment E: Internal Expert Advisor Report
- FOR INFORMATION – PROC-4807 - Attachment F: Pricing Normalisation Approach
- FOR INFORMATION – PROC-4807 - Attachment G: Financial Viability Assessment
- FOR INFORMATION – PROC-4807 - Attachment H: Tender Contract Non-Compliance Report

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DOCUMENT 3.1

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ndis

PROC-4807: Disability Expert Advice Report

Version: 2
Date: May 2025

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PROC-4807: Disability Expert Advice Report ………………………………………………………. 1

Summary of Disability Expert Advice ………………………………………………………. 3
Introduction ……………………………………………………………………………………………… 5
- Approach ………………………………………………………………………………………….. 5
Tenders …………………………………………………………………………………………………….. 6
- Tender 2: University of Melbourne ……………………………………………………….. 7

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Introduction

Further to the Evaluation Plan for the Support Needs Assessment Tool (PROC-4807), the Evaluation Committee has sought advice from the Disability Expert Advice Panel in reference to requirements within components one (under “Suitable for NDIS Cohorts” and “Supports a Positive Participant Experience”) and two of the tender. The advisors were also asked to answer, “What would you like the Evaluation Panel to investigate in more detail to understand which tools provide a good participant experience?” for each tender.

The Disability Expert Advice Panel was formed from responses to an Expressions of Interest request sent to Disability Representative Carer Organisations on Friday 7th March 2025. Submissions were reviewed with reference to the following criteria:

A person with disability
Relevant knowledge of the needs and experiences of people with disability
Demonstrated experience working in a collaborative and consultative manner with diverse stakeholders

Panel member selection was reviewed to ensure diversity of age, geographical location, disability type and knowledge content areas.

Approach

The following process has been undertaken to collect, collate and confirm information from the Disability Expert Advice Panel:

23 April 2025: Introductory meeting, overview of tools and evaluation criteria
24 April 2025: De-identified tender information provided to the panel.
28 April 2025: Workshop to discuss the tender responses and draft advice.
30 April 2025: A review/consensus meeting on the draft report content.
5 May 2025: Individual workshop with a person with intellectual disability was held.
5 May 2025: First report version sent to the Evaluation Committee.
7 May 2025: De-identified tender information provided to the panel
12 May: Panel reconvened to consider Tender 3 and draft advice. An individual workshop with a person with intellectual disability was also held.
14 May: Individual consensus meeting with person with intellectual disability
15 May: A review/consensus meeting on the draft report content.
15 May: Updated report sent to the Evaluation Committee

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Tenders

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Tender 2: University of Melbourne

redacted: s45 - material disclosed in confidence, s47C - deliberative processes, s47G - business information

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DOCUMENT 3.2

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Expert advice to support evaluation of the component one technical requirements

Version: 1
Date: May 2025

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Expert advice to support evaluation of the component one technical requirements …………….. 1

Contents ……………………………………………………………………………………………… 2
1. Overview of component 1 requirements …………………………………………………. 3
- 1.1 Be suitable for NDIS purposes: ………………………………………………… 3
- 1.2 Be suitable for NDIS cohorts: ………………………………………………….. 5
- 1.3 Support a positive participant experience: ……………………………….. 6
- 1.4 Suitable for NDIS business requirements: ………………………………… 7
1. University of Melbourne ………………………………………………………………………… 8
- 2.1 Suitable for NDIS purposes ……………………………………………………… 8
- 2.1 Suitable for NDIS Cohorts ……………………………………………………….. 12
- 2.2 Supports a positive participant experience ………………………………… 15
- 2.3 Suitable for NDIS business requirements …………………………………. 16

May 2025 | Expert Advice for Component One

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Request for Tender for the provision of Needs Assessment Tool(s) to support NDIS Reform Initiatives

13.7 Verification Activities

13.8 Offers and acceptance of offer

14. Other Matters

14.1 Public Statements

14.2 Additional Rights of the Agency

14.3 Publication of contract award

14.4 Debriefing

1. Background

1.1 Background to Requirement

1.2 Summary of Requirement

4. Acknowledgements

5. Confidentiality

6. Ethical Dealing

7. Conflict of Interest

8. Compliance with Australian standards

9. Other representations and warranties

10. Workplace Gender Equality Act 2012 (Cth)

11. Shadow Economy

12. Modern Slavery Act

13. Employee work health and safety

14. Declaration about Illegal Workers

15. Payment Times Procurement Connected Policy

16. Child Safety

17. Sanctions

18. Declaration and Proceedings

19. Compliance with Relevant Regulations/Framework

20. Notification of Significant Events

21. Lobbying Code of Conduct

22. Other laws

23. Changes

24. Survival

25. Termination and amendment

26. Applicable Law

3. AAI Exemption

4. Financial Management Compliance System (FMCS) Breach

5. Budget

Initial term of the arrangement

8. Deviations from the probity and legal advice given

9. Parties external to the procurement process seeking to influence the outcome

10. Compliance with relevant NDIA policies and directives

Attachment A – Negotiation Report

Attachment B – Contract (Marked Up)

Attachment C – Probity Adviser Sign Off

Attachment D – Commercial Law Adviser Sign Off

Attachment E – Liability Risk Assessment

Attachment F – Summary of Contract Departures

2. Procurement process to date

3. Advice relating to the negotiation activities

4. Conflicts of interest

List of attachments

PROC-4807: Disability Expert Advice Report

Contents

Introduction

Approach

Tenders

Tender 2: University of Melbourne

Expert advice to support evaluation of the component one technical requirements

Contents