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DRAFT CONTRACT

NAPLAN 2020 paper equating administration

CONTRACTCONTRACT IN RELATION TO THE PROVISION OF SERVICES FOR THE NATIONAL ASSESSMENT PROGRAM - LITERACY AND NUMERACY (NAPLAN) 2020 PAPER EQUATING ADMINISTRATION

Australian Curriculum, Assessment and Reporting Authority ABN 54 735 928 084

[Supplier Name]ABN XX XXX XXX XXX ACN XXX XXX XXX

CONTRACT NO. CON19-xx Australian Curriculum, Assessment and Reporting Authority 201931648380

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CONTRACTOR AGREEMENT

THIS AGREEMENT is made on the day of 2019

BETWEEN

AUSTRALIAN CURRICULUM, ASSESSMENT AND REPORTING AUTHORITY (ACARA) (ABN 54 735 928 084) of Level 13, Centennial Plaza, 280 Elizabeth Street, Sydney, NSW 2010

AND

INSERT NAME OF CONTRACTOR (ABN xxxxxxx)

(“Contractor”)

BACKGROUNDA The Australian Curriculum, Assessment and Reporting Authority (ACARA) is

responsible for the development of a rigorous, world class national curriculum from Foundation to Year 12; beginning with the learning areas of English, Mathematics, Science and History; followed by Geography, Languages and the Arts; and then the other learning areas defined in the Melbourne Declaration. The Foundation to Year 10 Australian Curriculum for English, mathematics, science and history, and information about curriculum implementation is available online at: www.australiancurriculum.edu.au.

To complement the development of a national curriculum, ACARA is also responsible for developing and administering a national assessment program aligned to the national curriculum that measures students’ progress, and the provision of information, resources, support and guidance to the teaching profession.

ACARA is also charged with the collection, management and analysis of data on a national scale that relates to broader achievements in student assessment, resource allocation, and accountability and reporting on school performance.

ACARA requires a suitably qualified and experienced contractor to undertake the printing, secure distribution, administration, secure invigilation, marking and data capture of all the highly secure NAPLAN 2020 paper equating tests, as detailed in the Project Brief, (Project).

B ACARA wishes to engage the Contractor to perform the Project and the Contractor has agreed to perform the Project in accordance with the terms and conditions of this Agreement.

CONTRACT NO. CON19-xx Australian Curriculum, Assessment and Reporting Authority 2019 31648380

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http://www.australiancurriculum.edu.au/

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OPERATIVE PROVISIONS

1. INTERPRETATION

In this Agreement unless the context requires otherwise:

“Agreement” means this agreement, the Schedule, the attachments and any amendment to this agreement;

“ACICA” means the Australian Centre for International Commercial Arbitration;

“Commencement Date” means the commencement date specified in the Schedule or any other date agreed by the parties;

“Completion Date” means the completion date specified in the Schedule or any other date agreed by the parties;

“Confidential Information” means all information and materials disclosed, provided or otherwise made available or becoming known to, or developed by, the Contractor in the course of performing the Project, whether before or after execution of this Agreement but excludes information that the Contractor can prove:(a) was in the public domain at the date of this Agreement;

(b) subsequent to the date of this Agreement, became part of the public domain otherwise than as a result of disclosure by the Contractor directly or indirectly in breach of this Agreement; or

(c) was in its possession at the time of disclosure by ACARA to the Contractor and was not otherwise acquired from ACARA directly or indirectly;

“Contractor Intellectual Property” means Intellectual Property created prior to, or otherwise than for the performance of, the Project, and specified in the Schedule;

“Fee” means the fee detailed in the Schedule;

“GST” means a tax on the supply of anything, a goods and services tax or a value added tax;

“Insolvency Event” in relation to the Contractor means that the Contractor:(a) commits an act of bankruptcy;(b) is the subject of an application for winding up;(c) calls a meeting of its creditors;(d) has a receiver appointed over all or a substantial part of its assets;(e) passes a resolution for its winding up;(f) has judgment entered against it for any cause; or(g) compromises with its creditors;

“Intellectual Property” means all industrial and intellectual property rights (including, without limitation, rights to patents, designs, copyright, trade marks, trade names and circuit layouts) conferred under statute or common law or equity in any country;CONTRACT NO. CON19-xx Australian Curriculum, Assessment and Reporting Authority 2019 31648380

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“Local Laws” means all statutory and regulatory requirements applying in the jurisdiction where the Services will be performed (and includes where applicable, all applicable Commonwealth legislative and regulatory requirements);

“Moral Rights” means the right of attribution, the right against false attribution and the right of integrity of authorship as defined in the Copyright Act 1968;

“Payment Schedule” means the payment section set out in the Schedule;

“Project” means the project described in the Project Brief and any further work the Contractor agrees to perform for ACARA under this Agreement;

“Project Brief” means the project brief attached to this Agreement and includes all amendments made to the project brief by ACARA;

“Project Manager” means the project manager set out in the Schedule;

“Project Results” means all work, ideas, concepts and reports and Intellectual Property in such things developed or created by the Contractor, alone or with others, in the course of performing the Project or otherwise arising out of the use of any of ACARA’s time, materials, resources, or facilities;

“Schedule” means the schedule to this Agreement titled “Schedule”;

“Services” means the services described in the Schedule;

“Specified Acts” means the specified acts referred to in the “Intellectual Property, Moral Rights and Project Results” clause of this Agreement;

“Specified Personnel” means the personnel specified in the Schedule as required to perform all or part of the work constituting the Services;

“Special Conditions Schedule” means the schedule to this Agreement titled “Special Conditions Schedule”

“ACARA” has the meaning given to it in paragraph A of the Background; and

“Third Party Intellectual Property” means Intellectual Property created prior to and/or otherwise than for the performance of the Project and owned by a third party.

2. ENGAGEMENT

2.1 The Contractor agrees to perform the Project for ACARA from the Commencement Date in accordance with the Project Brief, the terms of the Special Conditions Schedule (if any) and on the terms and conditions set out in this Agreement.

2.2 The Contractor must ensure that:


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(a) the Project is performed, and all materials and data requested by ACARA pursuant to this Agreement are prepared diligently, competently, with care and skill and in a proper and professional manner and in accordance with the terms of this Agreement;

(b) the Project is performed in accordance with relevant best practice;

(c) the Contractor performs the Project in compliance with all Local Laws;

(d) when using ACARA’s premises or facilities, the Contractor complies with all reasonable directions and ACARA’s procedures relating to occupational health and safety, equal opportunity and harassment, information technology and security in effect at those premises or in regard to those facilities, as notified by ACARA;

(e) the Contractor keeps adequate records of work performed under this Agreement and, if requested to do so, immediately provides ACARA with copies of those records and of all correspondence or other material arising from or relating to the performance of the Project; and

(f) the Project is completed by the Completion Date.

2.3 The Contractor acknowledges that ACARA has entered into this Agreement relying on the skill, care, expertise, experience and ability of the Contractor to perform the Project.

2.4 To the extent that the Project has commenced or been completed prior to the date of execution of this Agreement, the Project will be deemed to have been performed subject to the terms of this Agreement.

3. NATURE OF RELATIONSHIP

3.1 The Contractor is engaged as an independent contractor. Nothing in this Agreement constitutes the Contractor, an employee, agent, partner or joint-venturer of ACARA.

3.2 The Contractor has no authority to incur, and must not incur, any obligation on behalf of ACARA except with the express written instruction of ACARA.

4. NON-SOLICITATION

4.1 The Contractor must not solicit or entice away (or attempt to do so) any employee of ACARA, or engage any such person as a contractor, employee or in any other capacity.

5. RELATIONSHIP WITH PROJECT MANAGER

5.1 The Contractor must perform the Project to the satisfaction of the Project Manager.

5.2 During the performance of the Project, the Contractor agrees to regularly liaise with the Project Manager and comply with any reasonable request made by the Project Manager.


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6. COMMUNICATIONS

6.1 The Contractor must address all correspondence and communications to the Project Manager.

7. PAYMENT

7.1 In consideration for the provision of the Services, ACARA will pay the Contractor the Fee in the instalments detailed in the Schedule. Subject to clause 7.5, the Fee is inclusive of all costs, taxes, levies and charges that will be incurred by the Contractor in the provision of the Services and is not subject to any adjustment for any reason (including currency fluctuations) unless expressly provided for in the Agreement or otherwise agreed by the parties.

7.2 Subject to clause 7.3, ACARA will pay the Contractor within 14 days of the end of the month it receives from the Contractor an invoice for payment provided the timing and amount of such invoice is in accordance with the payment details described in the Schedule.

7.3 ACARA will be entitled, without derogating from any other right it may have, to defer payment until the Contractor has completed the component of the Project relevant to the submitted invoice to the satisfaction of ACARA.

7.4 The Contractor must pay all government-imposed taxes, charges, fees and other amounts due in respect of:

(a) this Agreement; or

(b) any payment to be made by ACARA to the Contractor under this Agreement.

7.5 If this Agreement or any consideration given under it is subject to GST in relation to any supply made under this Agreement, the parties agree that the amount payable for such supply by any party will be adjusted by the amount of the GST. Each party agrees to do all things, including providing all invoices or other documentation in such form and detail that may be necessary to enable or assist the other party to claim or verify any input tax credit, set off, rebate or refund in relation to any GST payable under this Agreement or in respect of any supply under this Agreement.

7.6 The Contractor authorises ACARA to deduct from any payment made by ACARA to the Contractor any amount that ACARA is required or authorised by law to deduct (including without limitation, withholding 46.5% of the amount claimed under an invoice that does not specify an Australian Business Number in respect of the Contractor). Any deduction made in accordance with this clause 7 will be deemed to be a payment to the Contractor for the purposes of calculating the discharge of ACARA’s obligations under this Agreement.

8. PROPERTY IN MATERIALS AND CONTRACTOR IDENTIFICATIONS

8.1 All materials and information made available by ACARA to the Contractor remains the property of ACARA.


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8.2 The Contractor must not use ACARA’s trademarks or other identifications without ACARA’s prior written consent.

9. CONFIDENTIAL INFORMATION

9.1 The Contractor must not, unless ACARA has first agreed in writing:

(a) disclose to anyone else, or

(b) use for a purpose other than the performance of the Project,

any of the Confidential Information.

9.2 The Contractor may make copies of written or computer-stored materials incorporating Confidential Information only if those copies are necessary for the purpose of performing the Project and must:

(a) return to ACARA all Confidential Information (including any copies made by it); and

(b) permanently delete any Confidential Information stored by it in a computer or electronic retrieval system so that it is incapable of retrieval,

upon the expiration or earlier termination of this Agreement and provide written notification to ACARA that these obligations have been complied with.

9.3 The Contractor must notify ACARA immediately if it becomes aware of, or suspects, any disclosure, use or copying of Confidential Information that is not authorised by this Agreement and must take all steps reasonably required by ACARA to stop that unauthorised disclosure, use or copying.

9.4 Clause 9.1 does not affect:

(a) disclosure of information, documents and material available publicly otherwise than because the persons disclosing them contravened this clause 9; or

(b) disclosures required by law.

9.5 The Contractor acknowledges and accepts that monetary damages would be an insufficient remedy for breach of this clause and that in addition to any other remedy available, ACARA is entitled to injunctive relief to prevent a breach of this clause and to compel specific performance of this clause.

9.6 The obligations of the Contractor under this clause 9 are subject to any rights that the Contractor may have under the Public Interest Disclosure Act 2013.

10. INTELLECTUAL PROPERTY, MORAL RIGHTS AND PROJECT RESULTS

10.1 The Contractor must promptly disclose all Project Results to ACARA.


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10.2 The Contractor acknowledges and agrees that:

(a) nothing in this Agreement grants the Contractor any Intellectual Property or other rights in the Project Results; and

(b) Intellectual Property in all Project Results arising as a result of the performance of the Project or otherwise will vest exclusively in ACARA

and the Contractor will execute all documents that are necessary or desirable to ensure all Project Results and all Intellectual Property subsisting in the Project Results become and remain vested in ACARA.

10.3 Clause 10.2 does not affect the ownership of Contractor Intellectual Property or Third Party Intellectual Property included in the Project Results.

10.3.1 In relation to Contractor Intellectual Property included in the Project Results, the Contractor grants ACARA a permanent, irrevocable, free, worldwide, non-exclusive licence (including a right to sub-license) to use, reproduce, adapt and exploit such Contractor Intellectual Property for any purpose.

10.3.2 In relation to Third Party Intellectual Property included in the Project Results, prior to including such Third Party Intellectual Property in the Project Results, the Contractor must seek written permission from ACARA to include the Third Party Material in the Project Results and where that permission is granted obtain from the owner of the Third Party Intellectual Property the right for ACARA to use such property in the same way that it can use Contractor Intellectual Property.

10.4 The Contractor warrants that it is entitled, will be entitled or will procure that it is entitled at the relevant time to deal with the Intellectual Property in the Project Results (including, without limitation, Contractor Intellectual Property and Third Party Intellectual Property) in the manner provided for in this clause 10.

10.5 To the extent permitted by applicable laws and for the benefit of ACARA, the Contractor consents to the use by ACARA and any other party authorised by ACARA of the Project Results for the Specified Acts even if the use would be an infringement of the Contractor’s Moral Rights.

10.6 In clause 10.5, the Specified Acts are:

(a) failure to identify the authorship of any Project Results, or any content of the Project Results;

(b) materially altering the content, format, colours, layout or style of the whole, or any part of, the Project Results;

(c) reproducing, communicating, adapting, publishing or exhibiting the whole or any part of, the Project Results without attributing authorship; and


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(d) adding any additional content or information to the whole, or any part of, the Project Results.

10.7 The Contractor agrees that it will not require any person or organisation under clause 10.3.1 of this Agreement to make any payment to any copyright collecting society or other similar organisation for any copying or any other uses of the Contractor Intellectual Property that are permitted under clause 10.3.1.

10.8 The Contractor warrants that:

(a) it has all necessary right, title, permission or authority to grant the licence granted in clause 10.3.1 (including without limitation all necessary Intellectual Property Rights);

(b) it has obtained all valid consents from all creators of works or other material included in the Contractor Intellectual Property so that the use of the Contractor Intellectual Property by ACARA, or any party authorised by ACARA, for the Specified Acts will not infringe the creator’s Moral Rights under the Copyright Act 1968;

(c) the grant of any rights conferred on ACARA under this Agreement will not infringe the rights, including, without limitation, the Intellectual Property Rights of any person; and

(d) it has not entered into any agreement that conflicts with the rights granted to ACARA under this Agreement.

10.9 On or before the Completion Date, the Contractor must deliver to ACARA all material which comprises the Project Results.

11. INSURANCE

11.1 Before performing the Project, the Contractor must take out professional indemnity insurance and ensure that such insurance is sufficient to cover any loss or damage, (including, without limitation, consequential loss) that ACARA may suffer as a result of act or omission of the Contractor in the provision of the Services

11.1.1 The policies must be for an amount sufficient to cover the Contractor’s obligations under this Agreement but not less than $5,000,000 for professional indemnity insurance and $10,000,000 public liability insurance.

11.2 The policies must be maintained until completion of the Project and, in relation to the professional indemnity insurance policy, for a period of at least 6 years after the completion of the Project.

11.3 If requested by ACARA, the Contractor must provide ACARA with a certificate of currency for the insurance policies taken out in accordance with this clause 11.

12. SUBCONTRACTORS


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12.1 The Contractor must not subcontract the performance of any part of the Project or this Agreement without ACARA’s prior written approval, which:

(a) may or may not be given by ACARA acting in its absolute discretion; and

(b) may be subject to any conditions ACARA considers appropriate acting in its absolute discretion.

12.2 The Contractor agrees to ensure that:

(a) any subcontract entered into with a subcontractor imposes:

(i) any conditions prescribed by ACARA under clause 12.1(b); and (ii) all relevant obligations, conditions, restrictions or prohibitions binding on

the Contractor under this Agreement, including, without limitation, the terms of the Special Conditions Schedule (if any);

(b) its subcontractors comply with that subcontract and, with respect to the terms and conditions referred to in clause 12.2(a), to exercise any rights or remedies it may have against its subcontractors in accordance with any direction by ACARA.

12.3 The Contractor is responsible for the performance of the Project and this Agreement notwithstanding that the Contractor has subcontracted any part of the performance of the Project or this Agreement in accordance with this clause 12.

13. INDEMNITY

13.1 The Contractor must indemnify ACARA and keep it indemnified against any losses (including liabilities of ACARA to third parties), costs and expenses (including reasonable costs and expenses on a solicitor and own client basis) arising out of:

(a) any default, act or omission by the Contractor;

(b) any breach of any term of this Agreement by the Contractor;

(c) the Project Results being in breach of any law, containing anything alleged or proven to be defamatory or statements purporting to be factual or true failing to be so;

(d) any misuse or disclosure of Confidential Information by the Contractor; and

(e) any claim by any third party that it has Intellectual Property or Moral Rights which will be infringed by ACARA, or any third party’s use or exploitation of the Project Results.

14. EXPIRY, TERMINATION, BREACH

If not terminated sooner, the engagement of the Contractor expires at the earlier of:


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14.1 the completion of the Project;

14.2 ACARA may terminate the engagement of the Contractor by notice to the Contractor if:

(a) the Contractor does not perform the Project by the Completion Date, or at the standard, required or acceptable to ACARA (as the case may be) or otherwise breaches a provision of this Agreement and that failure or breach:

(i) is incapable of remedy; or(ii) if capable of remedy, continues for 5 days after ACARA gives the

Contractor a notice requiring the breach to be remedied; or

(b) an Insolvency Event occurs in relation to the Contractor.

14.3 Notwithstanding clauses 14.1 and 14.2 above, ACARA may terminate this Agreement in whole or in part immediately upon the provision of written notice at any time.

14.4 On termination of the Agreement the Contractor must:

(a) stop work as specified in any notice;

(b) take all available steps to minimise loss resulting from that termination and to protect all Project Results; and

(c) continue work on any part of the Project not affected by the notice; and further

on termination or expiry of the Agreement, the Contractor must:

(d) deliver to ACARA all material and information made available by ACARA to the Contractor and all Project Results.

14.5 In the event of partial termination, ACARA’s liability to make payment will, in the absence of agreement to the contrary, abate proportionally to the reduction in the Project.

14.6 Where this Agreement is terminated other than for Contractor breach, ACARA will not be liable to pay any compensation to the Contractor, including, without limitation, compensation for loss of prospective profits, in relation to termination of this Agreement.

14.7 ACARA’s rights under this clause 14 are without prejudice to any right of action or remedy which has accrued or may accrue in favour of ACARA.

14.8 The rights and obligations contained in clauses 8 (Property in Materials and Company Identifications), 9 (Confidential Information), 10 (Intellectual Property and Project Results), 13 (Indemnity) and 14 (Expiry, Termination, Breach) bind the parties notwithstanding the termination or expiry of this Agreement.


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15. ASSIGNMENT

15.1 This Agreement is personal to the Contractor. The Contractor must not assign or novate the benefit of this Agreement or any part of it.

15.2 ACARA may assign all or any part of its rights under this Agreement, or novate this Agreement in whole or in part, to a third party by giving the Contractor written notice of such assignment or novation.

15.3 If the administrative arrangements regarding ACARA are altered such that the program the object of this Agreement is transferred to another government entity, ACARA may assign its rights under this Agreement to that entity subject to that entity assuming ACARA’s obligations under this Agreement. The Contractor shall have no objection to any such assignment or assumption.

16. ENFORCEABILITY OF AGREEMENT

16.1 The invalidity or unenforceability of any part or provision of this Agreement does not affect the enforceability of any other part or provision of this Agreement and the invalid or unenforceable part is severable.

17. CHANGES TO AGREEMENT

17.1 Modifications and amendments to this Agreement must be in writing signed by each of the parties.

18. NOTICES

18.1 A notice, consent, approval or other communication (each a Notice) under this Agreement must be in writing signed by or on behalf of the person giving it, addressed to the person to whom it is to be given.

18.2 A Notice may be given by personal delivery, pre-paid mail or facsimile and is treated as having been given and received:

(a) if delivered to a person’s address, on the day of delivery if a business day, otherwise on the next business day;

(b) if sent by pre-paid mail, on the fifth business day after posting; or

(c) if transmitted by facsimile to a person’s address and a correct and complete transmission report is received, on the day of transmission if a business day, otherwise on the next business day.

18.3 For the purpose of this clause the address of ACARA is:

Attention: [insert name and title of Executive], Australian Curriculum, Assessment and Reporting Authority


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Address: Level 13, Tower B Centennial Plaza, 280 Elizabeth St, Sydney, New South Wales, 2000

Facsimile: 1300 995 468

and the address of the Contractor is the address set out in the schedule or, in either case, another address of which a party has given Notice to the other party.

19. GOVERNING LAW

19.1 Any claims under this Agreement are governed by the law in force in New South Wales.

19.2 The Contractor will comply with the Local Laws in the provision of the Services.

19.3 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts, which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.

20. PARAMOUNTCY

20.1 If any part of this Agreement conflicts with another part, or if any inconsistency arises between aspects of this Agreement, that part of the Agreement higher in the following list will take precedence:

(a) the terms and conditions contained in the Special Conditions Schedule (if any);

(b) the terms and conditions contained in the clauses of the Agreement;

(c) the Schedule; and

(d) the Attachment.

21. DISPUTE RESOLUTION

21.1 A party will not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) about a dispute, difference, question or claim arising out of this Agreement (“Dispute”) unless it has complied with this clause.

21.2 A party claiming a Dispute has arisen will notify the other party giving details of the Dispute (Notification).

21.3 On receipt of a Notification each party will refer the Dispute for resolution by a person with authority to resolve such a dispute.

21.4 If the Dispute is not resolved under clause 21.3 within thirty days (or longer period as agreed between the parties) of the Notification, the parties will refer the Dispute for mediation by the Australian Commercial Dispute Centre Limited (ACDC) for resolution in accordance with the Mediation Guidelines of the ACDC and will enter


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into ACDC’s standard mediation agreement in force at the time this Agreement is executed by the parties, or such other mediation as is agreed by the parties.

21.5 Subject to clause 21.8, if the Dispute is not resolved under clause 21.4 within thirty days (or longer period agreed by the parties) of referral to ACDC, either party may initiate proceedings in a court.

21.6 Despite the existence of a dispute, each party will (unless requested not to do so) continue to perform its obligations under this Agreement.

21.7 Termination of the Agreement under Clause 14 is not considered a dispute between the parties within this clause 21 and does not give rise to a right of a party to seek resolution of the matter under this clause 21.

21.8 If the Contractor is not an Australian resident and the Dispute is not resolved under clause 21.4, unless otherwise agreed by both Parties:(a) any dispute, controversy or claim arising out relating to, or in connection with

this Agreement, including any question regarding its existence, validity or termination shall be resolved by arbitration in accordance with the ACICA Arbitration Rules;

(b) the seat of arbitration shall be Sydney, Australia;(c) the number of Arbitrators shall be one;(d) the arbitration shall be conducted in English.

21.9 The Parties acknowledge that any award rendered by an arbitrator pursuant to this Agreement shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

22. COSTS

22.1 Each party must meet or pay its own legal costs and disbursements in respect of the preparation, negotiation and execution of this Agreement.

22.2 A party in default under this Agreement must pay the costs of the non-defaulting party in respect of the enforcement of its rights under this Agreement.

23. CONFLICT OF INTEREST

23.1 The Contractor warrants that it has no, and for the term of the Agreement, will not have any, duties or interests that create, or might reasonably be anticipated to create, a conflict with its duties and obligations under this Agreement.

23.2 If a conflict of interest arises, or appears likely to arise during the term of this Agreement, the Contractor must

(a) notify ACARA immediately in writing;

(b) make full disclosure of all relevant information relating to the conflict of interest; and


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(c) take such steps as ACARA may responsibly require to resolve or otherwise deal with the conflict.


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24. SPECIFIED PERSONNEL

24.1 The Contractor agrees that the Specified Personnel will perform work in relation to the Services in accordance with this Agreement.

24.2 If Specified Personnel are unable to perform the work as required under clause 24.1, the Contractor agrees to notify the ACARA immediately.

24.3 The Contractor agrees, at the request of ACARA acting in its absolute discretion, to remove personnel (including Specified Personnel) from work in relation to the Services.

24.4 If clause 24.2 or clause 24.3 applies, the Contractor will provide replacement personnel acceptable to ACARA at no additional cost and at the earliest opportunity.

25. ACCESS TO DOCUMENTS

25.1 In this clause, ‘document’ and ‘Commonwealth contract’ have the same meaning as in the Freedom of Information Act 1982 (Cth).

25.2 The Contractor acknowledges that this Contract is a Commonwealth contract.

25.3 Where ACARA has received a request for access to a document created by, or in the possession of, the Contractor or any subcontractor that relates to the performance of this Agreement (and not to the entry into the Agreement), ACARA may at any time by written notice require the Contractor to provide the document to ACARA and the Contractor must, at no additional cost to ACARA, promptly comply with the notice.

25.4 The Contractor must include in any subcontract relating to the performance of this contract provisions that will enable the Contractor to comply with its obligations under this clause 25.

26. PRIVACY

26.1 The Contractor agrees, in providing the Services not to do any act or engage in any practice which, if done or engaged in by ACARA, would be a breach of the requirements of Division 2 of Part III of the Privacy Act

26.2 The Contractor agrees to notify ACARA immediately if it becomes aware of a breach or possible breach of any of its obligations under this clause 26.


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27. WORKING WITH CHILDREN

27.1 If the provision of the Services requires the Contractor or its personnel to come into contact with children or vulnerable people, the Contractor must comply with all Local Laws related to working with children or vulnerable people, and must ensure that its personnel also comply.

27.2 The Contractor must provide such evidence as ACARA reasonably requires confirming that it and its relevant personnel have the requisite approvals to work with children or vulnerable people.

28. OPTION

28.1 If ACARA elects to repeat the Project for a further year, the Contractor agrees to continue to provide the Services for the repeat of the Project.

28.2 The terms and conditions of the contract for the repeat of the Project will be on the same terms and conditions as this Agreement with the following amendments:-

(a) this option clause shall be deleted;

(b) the schedule to this Agreement will be agreed for the repeat Project;

(c) such other amendments to these terms and conditions as agreed by the parties for the purposes of the repeat Project.

28.3 If the parties are unable to agree a new schedule or necessary amendments to these terms and conditions for the repeat Project, those matters shall be determined by ACARA, ACARA to act reasonably.

28.4 In determining a new contract price, ACARA must take into account any change in cost advised and verified by the Contractor.


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EXECUTED AS AN AGREEMENT

SIGNED for and on behalf of the

AUSTRALIAN CURRICULUM, ASSESSMENT AND REPORTING AUTHORITY by its duly authorised officer:

_____________________________Signature of authorised officer

_____________________________Print name of authorised officer

_____________________________Witness

_____________________________Print name of witness

_____________________________Date

SIGNED for and on behalf of XXXXXXXX by its duly authorised officer:

____________________________Signature

Print name of authorised officer

_____________________________Witness

_____________________________Print name of witness

_____________________________Date


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SCHEDULE

Commencement Date xx January 2020

Completion Date 30 June 2020

Contractor Intellectual PropertyNil

Contractor’s address for Notice[Contractor name][Contractor Address]Email:

Project Manager:

Anna CohenSenior Manager – NAP Assessment and ReportingPhone: 08 9460 8231Mobile: 0420222021Email: [email protected]

Specified Personnel[Contractor name]

PaymentThe total payment for the work described in this contract will not exceed $XXX (GST exclusive).

Payment will be made in instalments linked to the completion of deliverables to the satisfaction of the Australian Curriculum, Assessment and Reporting Authority and upon submission of a suitable tax invoice and associated progress report.

Tax invoices are to include: the Contractor’s name and ABN; ACARA’s name and address; the date of issue of the invoice; the title of the invoice/project and the associated contract number; details of fees including the items/deliverables/milestones to which they relate; the total amount payable including GST (where applicable); the GST amount shown separately (where applicable).

OR

Payment will be made on completion of the Project to the satisfaction of the Project Manager and upon submission of a tax invoice.

Tax invoices are to include: the words 'tax invoice' stated prominently; the Contractor’s name and ABN; ACARA’s name and address; the date of issue of the invoice; the title of the invoice/project and the associated contract number; details of fees including the items/deliverables/milestones to which they relate; the total amount payable including GST (where applicable); the GST amount shown separately (where applicable).

Project Brief See Attachment.


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ATTACHMENT

PROJECT BRIEF

1. PROJECT BACKGROUND

The Australian Curriculum, Assessment and Reporting Authority (ACARA) reports to and is directed by the Education Council. ACARA is responsible for the development of rigorous, world-class Australian curriculum from Foundation to Year 12, overall management of the National Assessment Program (NAP) aligned to the Australian Curriculum, and conducting a national data collection and reporting program aimed at supporting school level performance reporting.

The National Assessment Program – Literacy and Numeracy (NAPLAN) commenced in 2008. Every year from 2008, all students in Years 3, 5, 7 and 9 have been assessed using national tests in Reading, Writing, Language Conventions (Spelling, and Grammar and Punctuation) and Numeracy. Test Administration Authorities (TAAs) in each state and territory are responsible for the implementation, administration and marking (where required) of the NAPLAN tests in their jurisdictions.

Performance of students in NAPLAN is reported on the NAPLAN scale for each domain, enabling comparison of results across Years 3, 5, 7 and 9. The NAPLAN scales also allow for the longitudinal tracking of performance by students, schools and systems.

NAPLAN measurement scales are calibrated annually in order for results to be comparable from year to year, and to allow for the longitudinal tracking of performance by students. NAPLAN uses the Rasch model with common persons in order to equate tests longitudinally. Using this method, selected samples of students in Years 3, 5, 7 and 9, will sit secure paper-based equating tests in April-May 2020. Results from the paper equating tests enable the central data analysis contractor to scale 2020 NAPLAN tests on to the existing NAPLAN assessment scales.

The Contractor will be responsible for all aspects of the administration of the equating tests, in each of the four domains of Reading, Language Conventions, Numeracy and Writing. This includes the printing, secure distribution, administration, secure invigilation and return of materials, data capture and marking of the highly secure Reading, Language Conventions, Numeracy and Writing tests (approximately 900 Writing scripts).

2. NAPLAN EQUATING SAMPLING INFORMATON The Contractor is required to coordinate administration of the equating tests according to ACARA's nationally representative sampling design. This design will include which tests are to be administered at each school, including the year level and number of students to be tested.

ACARA will provide the names and postcodes of the sample schools to the contractor following project initiation.

Note to Tenderers: The sample size for the NAPLAN 2020 paper equating study will be confirmed with the successful tenderer during project initiation, and the final sample will be provided to the Contractor.

Tenderers should use the information provided as the basis for preparing their Tenders. ACARA reserves the right to alter the proposed sample.


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Equating Sample – 420 Reading, Language Conventions and Numeracy schools; 45 Writing schools

In the NAPLAN 2020 paper equating study, approximately 465 schools across Australia will sit paper equating tests in Reading, Language Conventions, Numeracy and Writing.

It is expected that all schools in the sample provided by ACARA will be included in the testing.

Reading, Language Conventions and Numeracy equating tests (approx. 420 schools)For the Reading, Language Conventions and Numeracy equating tests, schools will be sampled from metropolitan, regional, provincial and remote areas from all sectors in all states and territories. Schools will be sampled from both paper and online NAPLAN 2020 cohorts – student from both cohorts will only sit paper equating tests.

Each student will complete one test each. It is expected that one class at each NAPLAN year level in each school will participate (i.e. in a primary school one class from Year 3 and one class from Year 5 will sit one test each, and in a secondary school one class from Year 7 and one class from Year 9 will sit one test each. However, in South Australia, the primary school will contribute classes from Years 3, 5 and 7 and secondary schools will contribute only from Year 9).

For each of the domains of Reading, Language Conventions and Numeracy, a minimum of 1300 students will be required to complete each test at Year 3 and at Year 5 and a minimum of 1200 students will be required to complete each test at Year 7 and Year 9 (that is, approximately 5000 completed tests per domain are required). The total sample size for Reading, Language Conventions and Numeracy will be approximately 4,200 students per year level – approximately 420 schools in total.

Writing equating test (approx. 45 schools)For the Writing equating test, schools will be sampled from four jurisdictions only - NSW, VIC, QLD and WA. All Writing sampled schools will be in the metropolitan area of the capital city. Students sampled to sit the Writing equating test will complete one Writing test each. It is expected that one class from either Year 5 or Year 7 in each school will participate (i.e. in a primary school one class from Year 5 will sit one Writing test each, and in a secondary school one class from Year 7 will sit one Writing test each).

As only one Writing test (one genre) will be tested, the security of the writing test is of paramount importance. Schools/invigilators should be advised that they will be tested in either narrative or persuasive genres.

For the Writing equating test, a minimum of 400 students at Year 5 and a minimum of 400 students at Year 7 will be required to complete one Writing test each (i.e. 800 completed tests are required). The total sample size for Writing will be approximately 440 students per year level – approximately 45 schools.

Provisional distribution The provisional distribution of the sample by state and territory is as follows:


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Equating Sample

State

Reading/Language Conventions/Numeracy

(1 class per year level per school*)

Writing(1 class per year level

per school*)

Primary (Y3&Y5**)

Secondary(Y7&Y9**)

Primary(Y5 only)

Secondary(Y7 only)

ACT 4 2 - -NSW 60 68 7 6NT 3 2 - -

QLD 39 42 7 6SA** 15 17 - -TAS 6 6 - -VIC 48 59 5 6WA 23 26 4 4

Total number of schools 198 222 23 22

*based on an average of 20 students per class

**In SA, primary includes Y3, Y5 and Y7 and secondary includes Y9

Minimum number of completed tests The provisional minimum numbers of completed tests by domain and year level is as follows:

Minimum number of completed tests required Domain Year 3 Year 5 Year 7 Year 9 Total Reading 1300 1300 1200 1200 5000 Numeracy 1300 1300 1200 1200 5000 Language Conventions 1300 1300 1200 1200 5000 Writing - 400 400 - 800 TOTAL 3900 4300 4000 3600 15800

Role of the Contractor

The Contractor is expected to work in close collaboration with ACARA's Project Manager at all stages of the project to ensure that the procedures and methodologies are consistent with the technical standards for the Education Council's national assessments and ACARA's assessment protocols, and that the project deliverables and timelines are met. The Contractor's Project Director will report to ACARA's Project Manager on the basis agreed between ACARA and the Contractor in the project plan and at any other times when clarification is required.

3. PROJECT SCOPECONTRACT NO. CON19-xx Australian Curriculum, Assessment and Reporting Authority 2019 31648380

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Key Project DeliverablesAfter formal execution of a purchase order and initiation of a project the selected panel member (the Contractor) will provide the following key deliverables to ACARA for review and approval.

3.1 Deliverable 1 – Project PlanThe Contractor will be required to provide a project plan after formal acceptance of a purchase order from ACARA. The project plan will need to be approved by ACARA and include the following:

An overall project management plan which includes: o a timeline for deliverables and critical deadlines o a communication plan for communicating with schools o the names of all persons involved in the project and their respective roles

A quality assurance plan detailing how the quality assurance and quality control processes outlined in the original tender will be implemented and monitored by the Contractor throughout the project. The quality assurance plan must specify in detail all and any perceived risks that may impact on the quality of the contract deliverables and must provide detailed advice on the strategies for risk management for each identified risk. It is not sufficient to provide information only about generic quality assurance systems and quality manuals.

A risk management plan outlining how risks identified in the original tender, as well as any further risks that are been identified, will be managed in relation to the project, detailing strategies to ensure project needs are met within the required timeframe and to the highest standard. This plan must include how all aspects of security are addressed. ACARA requires the opportunity to audit risk management during the project, including where appropriate, attendance at the Contractor's place of work and or receiving briefings on the management of risk.

A detailed security plan for managing all stages of the project, informed by the requirements listed in section 4 Security Requirements. This should include detail on the management of:

o collating and packing test materialso secure delivery of test materialso test materials during administration, including distribution, invigilation and return of

test materials. This includes the tracking of all materials in transit; clearance for invigilators to work in schools according to the requirements of each jurisdiction.

o receipt of returned materials and the marking and data capture process.

3.2 Deliverable 2 – Project Management and ReportingAfter execution of a purchase order and initiation of a project, the Contractor will be required to:

provide regular status reports to ACARA;

be available for regular dialogue with ACARA personnel during development of equating administration material;

provide risk alerts to ACARA immediately upon detection of issues considered a risk to the project;

respond to feedback from ACARA following reviews of equating administration material;CONTRACT NO. CON19-xx Australian Curriculum, Assessment and Reporting Authority 2019 31648380

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modify equating administration material in response to feedback from ACARA;

attend nominated meetings;

provide agreed milestone reports to ACARA by the specified dates;

meet the project deadlines.

Meetings: The Contractor will be required to communicate with ACARA's Project Manager and project team at key juncture points of the paper equating administration project. These meetings will be organised by ACARA and held at a time and location (videoconference as default mode) agreed with the Contractor.

The Contractor may be asked to attend a project close-out meeting with key members of ACARA's project team at an agreed time after the delivery of the data and image files to ACARA to discuss aspects of the project.

Progress Reports: Throughout the project, the Contractor will regularly consult with the ACARA NAPLAN team in relation to the day-to-day management of the project. Written progress reports are to be submitted at nominated times to ACARA outlining progress on the key deliverables and issues that have arisen. Exception reports are required in the event of unforeseen circumstances.

Project completion report: The Contractor must also provide a project completion report outlining, as a minimum, the following:

actual or agreed timelines negotiated within the scope of this contract;

an outline of any obstacles, incidents or issues encountered that affected the delivery or reputation of the project in 2020, and any potential obstacles, incidents or issues that may affect the project in subsequent years;

an outline of any areas where a variation may improve any future work.

3.3 Deliverable 3 – Coordination with schools

Participation by schools in the equating study is a requirement of the Schools Assistance Act to which all schools are accountable and their compliance to which is a condition of their registration and government funding. Participation is not optional, and schools cannot choose to withdraw from the equating study without exceptional circumstances. Participation in a previous study is not considered to be an exceptional circumstance.

The Contractor is responsible for contacting all schools, arranging and confirming their participation in the equating study. The contractor is also responsible for ensuring that schools and invigilators are given all necessary information in a timely manner.

States and territories will contact the schools in their jurisdiction prior to the Contractor making contact with the schools to confirm the test window. The test window for the 2020 equating study is Monday 27 April – Friday 8 May 2020. The Contractor will, in conjunction with ACARA and the states and territories, contact and liaise with the selected schools, through emails, phone calls or other appropriate methods, in order to schedule testing days. All schools listed in the sample are expected to participate in the study. The Contractor is required to contact ACARA in the first CONTRACT NO. CON19-xx Australian Curriculum, Assessment and Reporting Authority 2019 31648380

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instance if schools refuse to allow testing or raise other objections that would impact on the number of students tested or the testing dates. The Contractor will coordinate with ACARA any changes necessary to the sampling owing to incidents such as school refusals, high absentee rates, illnesses etc.

The Contractor is required to provide a testing schedule which reflects the dates and times agreed with schools for testing in each domain.

3.4 Deliverable 4 – PrintingThe Contractor is required to print all copies of the Reading, Language Conventions, Numeracy and Writing equating test booklets and stimulus materials and the associated administration instructions. The Contractor is required to ensure that sufficient test materials are printed so that the minimum number of completed tests is met – i.e. print a buffer of 20% more tests than the minimum number of required completed tests. E.g. if the minimum number of completed tests required for Year 3 Reading is 1300, then a minimum of 1560 test booklets should be printed.

Print masters of the 2020 secure equating tests for Reading, Language Conventions, Numeracy and Writing, and the associated administration instructions will be provided to the Contractor by ACARA on execution of the contract.

The table below shows the number of pages in each test booklet:

Domain Year level Booklet type Number of pages

Reading Year 3 Test 12

Magazine 8

Year 5 Test 12

Magazine 8

Year 7 Test 16

Magazine 12

Year 9 Test 16

Magazine 12

Language Conventions

Year 3 Test 12

Year 7 Test 12

Year 7 Test 12

Year 9 Test 12

Numeracy Year 3 Test 16

Year 7 Test 16

Year 7 (calc allowed)* Test 13

Year 7 (non-calc)* Test 11


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Year 9 (calc allowed)* Test 13

Year 9 (non-calc)* Test 11

Writing Year 5 Test 4

Prompt 1

Year 7 Test 4

Prompt 1

*Note: For Year 7 and Year 9, each test book is comprised of the calculator-allowed and non-calculator tests, combined in a flip-book format.

Overprinting student details on test bookletsResults from the equating tests enable the central data analysis contractor to locate the 2020 NAPLAN tests on the same scale as those in previous years. Therefore, it is important that individual students' equating data is identifiable and able to be matched to their NAPLAN data. ACARA suggests that, where possible, this is achieved through overprinting individual student details on test booklets (so that the results from each student's test can be linked to their name, ID, year level, state/territory, sector and ACARA school ID).

3.5 Deliverable 5 – Secure packingEquating tests for all domains (Reading, Language Conventions, Numeracy and Writing) are to be securely packed into class sets in tamper-proof bags, clearly labelled with the school and class, as per the domain and class/school sample provided by ACARA. Packing must allow for accurate counting of test materials without opening the package.

3.6 Deliverable 6 – Test administrator’s handbookThe Contractor will be responsible for the production of a test administrator's handbook, which will outline the responsibilities and duties of the invigilators. ACARA will provide test administration instructions for inclusion in the handbook and can provide an existing equating study test administration handbook for reference.

3.7 Deliverable 7 – Highly secure deliveryAfter the packaging of all required materials, the Contractor must arrange secure delivery of all materials to invigilators (who will be responsible for the administration of the tests in schools) at an agreed time prior to the test administration. 'Secure' is specified in the section 4 Security Requirements.

It will be critical that the security of the Writing equating test genre is managed with invigilators. The Contractor will work with ACARA 's NAPLAN team to determine the information to be provided to Writing invigilators, including what invigilators may tell school personnel.


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3.8 Deliverable 8 – Appoint and train invigilatorsThe Contractor will be responsible for employing and training invigilators who are required to administer the equating tests at each school. The invigilators will be required to administer the tests under 'test conditions' (the same conditions required for NAPLAN 2020) including actively monitoring students during the test (i.e. walking around the classroom to ensure that students are not copying from other students' work) and ensuring that all student details are completed and legible on test books. Invigilators must also ensure that the full name of the school has been legibly printed on each test book prior to test administration.

Requirements for invigilators

The invigilators employed by the Contractor must be familiar with the purpose and content of NAPLAN, and specifically with the prescribed NAPLAN testing context and procedures, including domain specific requirements.

Invigilators must also be familiar with schools and school routines and suitably experienced in managing students in a classroom. Where the contractor intends to employ invigilators who are not qualified teachers information about the relevant qualifications invigilators hold must be provided.

The Contractor is required to organise training for their invigilators so that they are fully aware of their responsibilities with regard to working in a school environment, test administration and the security of test materials. Evidence that all invigilators have successfully completed such training must be provided to ACARA.

The Contractor will be responsible for all costs associated with the hiring and training of invigilators, and for all transport and other costs for in-school invigilation.

The Contractor will be required to audit test books and associated materials given to and returned from invigilators in order to ensure that every book is accounted for and that all associated materials are accounted for, and not left at schools or lost in transit.

The Contractor will also be responsible for ensuring that all invigilators meet the requisite security requirements and checks for the jurisdictions in which they will administer the tests e.g. invigilators must have approval to enter and work in schools (note that invigilators from South Australia must have attended RAN-EC training). Note that schools may require invigilators to show their approval/clearance to enter/work in schools, along with photo identification, before allowing invigilators to enter school grounds.

3.9 Deliverable 9 – Administer and invigilate the tests

Testing is expected to be conducted under test conditions for all students in the equating sample.

The invigilation of the equating study must be conducted in the two weeks prior to the NAPLAN tests for all jurisdictions (between 27 April to 8 May 2020), unless otherwise agreed by ACARA.

Throughout the test period, the Contractor is required to:


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ensure that invigilators administer each test in a consistent manner. This consistency of administration is vital to the integrity of the equating study. It is essential that all students are focused on the tests and are encouraged to participate fully

ensure that security is maintained by both the Contractor and invigilators, according to the security plan submitted by the Contractor

provide a communication plan for establishing and maintaining contact with schools selected in the equating study samples in accordance with the project timeline, factoring in school holidays as a period where schools are not expected to respond to communication

maintain a communication log detailing all communication between the Contractor and schools, which must be delivered to ACARA in the form of periodic reports

ensure that all invigilators observe the test administration, then complete a log of the test administration for each of the test sessions they attend

monitor test completion on a daily basis during test period.

3.10 Deliverable 10 – Secure receipt and scanning of completed test books, and provision of image files

After the completion of the administration of the tests, the Contractor will be responsible for ensuring that the invigilators securely return the test materials for marking, in a timely manner and in the mode specified by the Contractor. 'Secure' is specified in the section 4 Security Requirements. The Contractor will also be responsible for auditing all equating tests (including those not completed by students) and associated materials.

After receipt of the completed Reading, Language Conventions, Numeracy and Writing tests, the Contractor will be responsible for scanning the test answer booklets for the purpose of capturing the student details. Completed Reading, Language Conventions, Numeracy and Writing booklets will require scanning and the images must be provided to ACARA as Jpeg and Pdf files.

3.11 Deliverable 11 – Marking of Reading, Language Conventions and Numeracy tests

The Contractor will be responsible for the marking of the Reading, Language Conventions and Numeracy tests. Constructed response items must be marked by trained staff in accordance with specifications and criteria provided by ACARA

3.12 Deliverable 12 – Marking of Writing tests, appointment and training of writing markers

The Contractor will be responsible for the marking of Writing tests, which must be marked by trained, experienced NAPLAN markers in accordance with the marking rubrics and specifications provided by ACARA. The Contractor will also be required to conduct a minimum of 10% check-marking of each marker, for marking quality assurance.

The Contractor will be responsible for the employment of a Lead Marker and for employing and refresher-training of experienced and qualified markers, who will mark the tasks using the national marking rubric.


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Requirements for markersThe markers employed by the Contractor must:

have proven experience in the marking of NAPLAN writing scripts, be familiar with the purpose and text types assessed in NAPLAN writing;

have demonstrated high levels of accuracy and consistency in main NAPLAN marking operations;

be sufficiently skilled in using computer devices in order to mark scripts on the contractor's marking platform.

Marking must be preceded by a 2- to 3-hour training session facilitated by the Lead Marker, using materials provided by ACARA. Training may be attended by ACARA's Writing Test Manager. All markers must attend the training to refresh their knowledge of the marking rubrics and equating test-specific scripts. Training will also ensure that markers are fully aware of their responsibilities with regards to the security of test materials.

The Contractor will be responsible for all costs associated with the hiring and training of markers, including refresher training of all markers with equating test topic specific scripts.

3.13 Deliverable 13 – Establish secure marking centre

The Contractor will be required to establish a secure, central marking centre and provide technical support required for marking. The marking centre should be held at highly secure premises (situated in any major capital city). Home based marking will not be considered.

3.14 Deliverable 14 – Provide weekly/daily reports showing how the sample test numbers are being met

Prior to the test window, the Contractor is required to submit weekly reports confirming the number of schools and the number of estimated students scheduled to sit each test (for each domain within each class, year level, school, sector and state).

During the testing window, the Contractor is required to submit daily reports listing the number of students that completed each test each day against the number of expected students (for each domain within each class, year level, school, sector and state); any issues experienced by invigilators; and the expected number of students scheduled for the remaining test window (for each domain within each class, year level, school, sector and state). ACARA will provide an example template for the daily report.

The Contractor is also required to adjust the allocation of tests to students as the equating study progresses (in collaboration with ACARA) to ensure that the sample requirements for tests are met.

3.15 Deliverable 15 – Help line

The Contractor will be required to maintain a toll-free 'help' line, sufficiently staffed to handle demand by one person (or more), knowledgeable in test administration procedures to assist schools with the administering of the tests. The help line will be open during business hours for a CONTRACT NO. CON19-xx Australian Curriculum, Assessment and Reporting Authority 2019 31648380

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period of three weeks (or as agreed) prior to the testing (excluding school holidays), and during the equating study testing period.

3.16 Deliverable 16 – Provide weekly logs of invigilators' experiences

The Contractor is required to submit weekly logs of responses from all invigilators outlining their test administration experiences.

Test session reports should capture feedback from invigilators regarding their observations during each test session. Feedback may include topics such as:

test incidents i.e. any incident which may affect the school's performance - e.g. IT technical issues, disruptions, test being abandoned

test security.

The format and proposed content of the logs will be agreed between ACARA and the Contractor.

3.17 Deliverable 17 – Provide data files and staff support

Upon completion of the data capture, the data files must be securely delivered to ACARA in the fixed-width text (ASCII) file format specified by ACARA. The detailed data matrix specifications will be provided to the successful contractor. The Contractor will be required to deliver the data in a single combined file and as separate files for each year level, domain and jurisdiction. Quality assurance processes must be in place to ensure the accuracy and consistency of data. The Contractor is required to detail the quality assurance steps undertaken in their response to the tender.

The Contractor is required to nominate one person with experience in the production of data files to be able to be contacted for a period of four weeks after the data files have been provided to ACARA to resolve any issues that might arise during the subsequent analysis of the equating results. The person should be readily available during that period.

3.18 Deliverable 18 – Secure storage and disposal of test materials

All test materials in both paper and electronic files must be stored in appropriately secure locations for a period of time to be determined by ACARA and, following the expiry of this time period, disposed of in a highly secure manner as approved by ACARA. 'Secure' is specified in the section 4 Security Requirements.

4. SECURITY REQUIREMENTS

All aspects of administration, invigilation, printing, distribution and collection of the equating tests, must be carried out under strict security.

The Contractor is required to provide a detailed security plan for managing all stages of the project, informed by the requirements below:

• The Contractor must maintain a high level of security throughout this contract. The security plan must outline how security will be maintained during the printing of materials, distribution of materials to schools/invigilators, the test administration, and return of materials for marking.


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• All test booklets, administration instructions, data files and associated materials, in both printed and electronic forms, must be secured at all times so that unauthorised personnel (as specified by ACARA) do not have access to them.

• The Contractor is required to account for every test book and associated stimulus material and set of administration instructions used in the study. All test books, stimulus material and administration instructions and student working sheets must be collected by the invigilator before students are allowed to leave a test room. The Contractor must check that all materials are accounted for when returned by invigilators.

• If sub-contractors are engaged by the Contractor, the prescribed security measures must apply to them also. It is the responsibility of the Contractor to ensure that this occurs. All personnel including sub-contractors must have no conflict of interest.

All personnel employed by the Contractor (including any sub-contractors) must sign confidentiality agreements in which they agree not to disclose information about the test and the test questions, including the Writing genre. Invigilators and markers may not disclose information about or discuss the genres of the equating Writing tests with any other party, including other invigilators.

All electronic equipment including telecommunications apparatus, servers, disks, tape libraries etc. is to be kept in a secure location and access limited to authorised personnel. At a minimum the following requirements must be met:

• All locations where production of related materials occurs (including the locations for suppliers and subcontractors) are in a secure environment;

• All personnel including subcontractors must declare any potential, actual or perceived conflict of interest to ACARA and accept the outcome of any determination by ACARA to manage this conflict/s. All personnel including subcontractors must also sign confidentiality and non-disclosure agreements;

• All applications must have appropriate user authentication through passwords and access limitations; and

• All data to be transferred must have encryption (secure socket layer SSL) and be transferred via the Contractor's File Transfer Protocol (FTP) site.

In addition, the Contractor is required to notify ACARA immediately of any breaches of security. If a breach of security occurs, the Contractor must follow ACARA's instructions for dealing with the breach. The Contractor is required to keep ACARA fully briefed on progress and any issues that may arise, and to provide periodic progress reports at specified dates.

5. MATERIALS TO ACARAAt each completion phase of the deliverables outlined above, the Contractor must provide ACARA with a report and/or an agreed sample of each of the materials produced, as appropriate. Where materials are developed electronically, ACARA will receive a copy of the electronic file/s for each of the materials developed. The Contractor must also provide ACARA opportunities to review and provide feedback on the development of the materials prior to and during the development phase.

6. SECURE DELETION OF DATA


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The Contractor is required to provide evidence that all information on NAPLAN equating tests and information on item performance including but not limited to any data used in preparation for the delivered files have been securely erased from all media including but not limited to networks servers, computer hard drives in the Contractor's possession. The timeline for this activity will be negotiated with the Contractor at a later date.

7. POLICIES, STANDARDS AND GUIDELINES

The Commonwealth Style Manual, AGPS, Canberra (latest edition);

Australian Standards for Document Management (AS ISO 15489);

Commonwealth Fraud Control Guidelines - April 2011

Data Standards Manual Student Background Characteristics (ACARA, 2012)

8. COMMENCEMENT AND TIMEFRAME

Commencement Date: January 2020

Note to Tenderers: The project timeline will be confirmed during project initiation, and the final timeline will be included in the Contract. Tenderers should use the following information as the basis for preparing their Tenders. Although ACARA is prepared to discuss changes to the proposed timeline, it reserves the right not to alter the proposed timeline.

Project Timeline:

The Contractor will be required to meet the following timeline:

Activity Start date End dateProject initiation meeting January 2020 January 2020

Provide progress reports and consult regularly with ACARA

January 2020 June 2020

Provision of project management documentation (including risk management and test security plans) to ACARA

24 January 2020 24 January 2020

Provision of Equating test print files, codeframes and data specifications to Contractor

3 February 2020 3 February 2020

Provision of initial sample school details to Contractor 3 February 2020 3 February 2020

Provision of class lists to Contractor (where possible) 25 February 2020 25 February 2020

Provision of confirmed sample school details to Contractor

28 February 2020 28 February 2020

Contractor contact schools/school registration 2 March 2020 24 April 2020

Printing and packing of Equating tests and administration instructions into nominated school and class groups

16 March 2020 9 April 2020


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Secure dispatch of Equating test materials to invigilators and reconciliation of materials

14 April 2020 24 April 2020

Recruitment and training of invigilators (schools will need to be advised of their assigned invigilator in advance of the tests)

February 2020 24 April 2020

Secure administration and invigilation of Equating tests in schools

27 April 2020 8 May 2020

Receipt of completed Reading, Language Conventions and Numeracy test papers; data capture of student details; undertake marking according to ACARA’s specifications (including constructed responses where applicable)

28 April 2020 21 May 2020

Receipt of completed Writing test papers; data capture of student details; undertake marking according to ACARA’s specifications

28 April 2020 26 May 2020

Provide Reading, Language Conventions and Numeracy data to ACARA, according to ACARA’s specifications

22 May 2020 22 May 2020

Provide Writing data to ACARA, according to ACARA’s specifications

27 May 2020 27 May 2020

Provide scanned test booklets (all domains) in Pdf and Jpeg format

27 May 2020 27 May 2020

Secure deletion of electronic test files from servers and secure destruction of printed test materials

June 2020 June 2020

Project close-out meeting June 2020 June 2020


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SPECIAL CONDITIONS SCHEDULE

The terms of the Special Conditions Schedule are:

1. Definitions

1.1. In this Special Conditions Schedule, unless the contrary intention appears, a term in bold type has the meaning shown opposite it:

ACARA Act means the Australian Curriculum, Assessment and Reporting Authority Act 2008 (Cth);

Data Breach means any actual or suspected unauthorised dealing with, leak, spill or loss of Jurisdiction Data, including (without limitation):

(a) unauthorised access to, or unauthorised disclosure or unauthorised modification of, Jurisdiction Data;

(b) loss of information in circumstances where there is a risk of unauthorised access to, or unauthorised disclosure of, Jurisdiction Data; and

(c) an Eligible Data Breach in relation to Jurisdiction Data;

Eligible Data Breach

has the same meaning as it has in the Privacy Act;

Jurisdiction Data means all data that has been supplied to ACARA by an Australian State or Territory for the purposes of administering and reporting on the NAP, including information and material processed, produced or derived using that information and material, including de-identified data, aggregated data and metadata;

NAP means the national assessment program developed and administered by ACARA under the ACARA Act;

NAP Sample Privacy and Data Management Policies

means the privacy and data management policy and procedure framework documents that are applicable to ACARA and ACARA’s management of a NAP as provided to the Contractor by ACARA from time to time;

Non-identifying Jurisdiction Data

means any part of the Jurisdiction Data that has been effectively de-identified, such that the data is not about an individual whose identity is apparent or reasonably ascertainable from that data, whether on its own or in combination with other available information;

Personal Information

has the same meaning as it has in the Privacy Act;

Platform Student Identifiers

means the unique identifier assigned to a student in a school that enables that Student to participate in a NAP;

Privacy Act means the Privacy Act 1988 (Cth);

Security Incident means any actual or suspected breach of security (whether relating to information, logical, physical or system security or


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otherwise), or any contact, request or approach from any person seeking unauthorised access to Jurisdiction Data, or circumstances that highlights any actual or potential security vulnerability or which identifies a potential threat to security, including for example (without limitation): an attack, penetration, denial of service, disclosure of proprietary information, misuse of system access, unauthorised access or intrusion (hacking), virus intrusion, scan of the systems, networks, technology, content or websites of the Contractor or any other activity that could adversely affect Jurisdiction Data; and

Student-Level Data

means any information relating to a student’s identity, demographic characteristics, assessment participation or assessment results that is organised on an individual student basis and not aggregated.

2. Acknowledgement and undertaking

2.1. The Contractor acknowledges that Jurisdiction Data that it may receive from ACARA under this Contract includes Sensitive Personal Information.

2.2. The Contractor undertakes to comply fully with the terms of this Special Condition Schedule.

3. Use and storage of Jurisdiction Data

3.1. The Contractor must ensure that Jurisdiction Data and Student-Level Data that has not been effectively de-identified:

a. is not disclosed to any other party without ACARA’s prior written approval, which:

i. may or may not be given by ACARA acting in its absolute discretion; and

ii. may be subject to any conditions ACARA considers appropriate acting in its absolute discretion;

b. remains Confidential Information;

c. is securely stored to prevent unauthorised physical or electronic access;

d. is not transferred, or accessed from, outside of Australia without the prior written consent of ACARA;

e. is only used in a manner permitted by section 40 of the ACARA Act, the Privacy Act and this Agreement; and

f. is held in compliance with the Privacy Act.

3.2. The Contractor must:

i. ensure that any other party to whom Jurisdiction Data or Student-Level Data is disclosed in accordance with clause 3.1.1.a:

A. is bound by any conditions prescribed by ACARA under clause 3.1.1.a.ii and by obligations substantially similar to the obligations set out in this Special Conditions Schedule; and


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B. complies with any conditions and obligations referred to in clause 3.2.1.a.i.A; and

ii. exercise any rights it may have against any other party to whom Jurisdiction Data or Student-Level Data is disclosed in accordance with clause 3.1.1.a in connection with that Jurisdiction Data or Student-Level Data in accordance with any direction by ACARA.

3.3. If requested by ACARA, the Contractor must immediately deliver up to ACARA or destroy all copies (electronic and hard copy) of the Jurisdiction Data and Student-Level Data that has not been effectively de-identified.

3.4. If the Contractor is provided with any Non-identifying Jurisdiction Data they must ensure that the Non-identifying Jurisdiction Data is not used or disclosed in a manner that may allow that data to be combined with other data in a way that could lead to an individual to whom the data relates becoming apparent or reasonably ascertainable.

4. Data Breach notification

4.1. The Contractor must ensure that the ACARA Project Manager is immediately notified of any Security Incident or Data Breach in relation to any Personal Information held by the Contractor as a result of this Agreement or its provision of the Services in writing as soon as possible of becoming aware of the Security Incident or Data Breach.

4.2. In the circumstances outlined in clause 4.1, or where ACARA notifies the Contractor that there has been a Security Incident or Data Breach in relation to any Personal Information held by the Contractor as a result of this Agreement or its provision of the Services, the Contractor must:

a. take all reasonable action to mitigate the risk of the Security Incident or Data Breach causing harm to any of the individuals to whom the Personal Information relates;

b. take all other action necessary (in consultation with ACARA) to comply with the requirements of the Privacy Act; and

c. take any other action as reasonably directed by ACARA.

4.3. The Contractor agrees to notify ACARA immediately if it becomes aware of a breach or possible breach of its obligations under this clause 4.

5. Use of Platform Student Identifiers

5.1. The Contractor:

a. must not adopt the Platform Student Identifiers as their own identifiers; and

b. must not use or disclose the Platform Student Identifiers unless authorised by ACARA in writing.

6. Assistance

6.1. The Contractor agrees that in performing its obligations under this Agreement, the Contractor will act in a manner that allows ACARA to comply with its obligations under the Privacy Act, the Freedom of Information Act 1982 (Cth) and the Archives Act 1983 (Cth).


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6.2. The Contractor must provide all reasonable and timely assistance and information to ACARA in respect of addressing:

a. any Data Breach;

b. any Security Incident, including a Security Incident affecting Jurisdiction Data;

c. any application made under the access and amendment provisions of the Privacy Act, or any privacy complaint made to the Contractor, ACARA, or to the Office of the Australian Information Commissioner;

d. any application made to ACARA under the Freedom of Information Act 1982 (Cth) for access to information, including any Jurisdiction Data; and

e. any compliance audit of systems or facilities holding Jurisdiction Data required to be conducted under the Privacy Act, the Freedom of Information Act 1982 (Cth), the Archives Act 1983 (Cth) or other related legislation or policy.

7. Policies

7.1. The Contractor must comply with the NAP Sample Privacy Policy and Data Management Policies as amended from time to time by ACARA.

8. Additional obligations in relation to Jurisdiction Data from South Australia

8.1. If the Contractor is provided with Jurisdiction Data from South Australia, the Contractor must comply with the following requirements:

a. all Contractor personnel (Personnel) that have access to South Australian student Personal Information (Student Personal Information) must undergo an assessment of a person’s history by the South Australian Department of Human Services (DHS) Screening Unit as soon as possible (or other screening if required by the South Australian Department for Education (SADE)). However, until such time as the DHS screening and assessment is completed, SADE requires that all Personnel that have access to Student Personal Information undergo a national police history pre-employment check and meet the clearance requirements.

b. If the relevant Personnel do not undergo or do not meet the clearance requirements, the Contractor must not, except to the extent explicitly authorised by SADE, permit the Personnel to have access to Student Personal Information.

c. If the Contractor is or becomes aware that any Personnel is an Unsuitable Person, they must immediately withdraw the Unsuitable Person’s access to Student Personal Information and notify SADE.

d. If SADE gives ACARA or the Contractor notice in writing that any one or more Personnel is an Unsuitable Person, the Contractor must immediately withdraw the Unsuitable Person’s access to Student Personal Information.

e. In this clause ‘Unsuitable Person’ means a person who is the subject of arrest, charge or conviction for a sexual offence, an offence of indecency, an offence of violence or deprivation of liberty (whether indictable or not) or another indictable offence.

8.2. The Contractor agrees to notify ACARA and SADE immediately if it becomes aware of a breach or possible breach of its obligation under this clause 8.


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