Part 1 - Conditions of Tender - RFT 013-2010 Siebel Analyst-Developer

8/8/2019 Part 1 - Conditions of Tender - RFT 013-2010 Siebel Analyst-Developer

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REQUEST FOR TENDERFor

Specified Personnel for ICT Services

RFT 013-2010

Siebel Analyst/Developer

Part One

Conditions of Tender

The Closing Time and

Date is:

2:00pm AEST

24 June2010

Lodge your Tender at:

Electronic Tender Box for

AusTender located at

www.tenders.gov.au

Contact point:

Sally Nolan

02 6216 6312


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CONDITIONS OF TENDER

1. Structure of RFT....................................................................................................1

1.1. This Request for Tender (RFT) comprises:................................................................................1

2. Summary of Requirement.....................................................................................1

2.1. Invitation to Tender.....................................................................................................................1

2.2. Description of ICT Services........................................................................................................1

2.3. RFT Objectives and Expected Outcomes..................................................................................1

2.4. Timetable....................................................................................................................................2

2.5. Registered Tenderers and Notices.............................................................................................2

2.6. Variation of RFT.........................................................................................................................2

2.7. Disclaimer...................................................................................................................................2

2.8. Governing Law...........................................................................................................................3

2.9. Contact Officer............................................................................................................................3

3. Tender Evaluation.................................................................................................3

3.1. Instructions to Tenderers............................................................................................................3

3.2. Conditions for Participation.........................................................................................................3

3.3. Consortia and Joint Tenders......................................................................................................3

3.4. Compliance.................................................................................................................................4

3.5. Evaluation Criteria......................................................................................................................4

3.6. Presentations, Meetings, Visits, Demonstrations, References..................................................4

3.7. Clarification.................................................................................................................................4

3.8. Conducting Security, Probity and Financial Checks..................................................................4

3.9. Debriefing of Tenderers..............................................................................................................53.10. Mode of Acceptance.................................................................................................................5

4. General Information..............................................................................................5

4.1. About the Tax Office...................................................................................................................5

4.2. Taxpayers' Charter.....................................................................................................................5

4.3. Code of Conduct and Ethical Behaviour....................................................................................6

5. Commonwealth Requirements..............................................................................6

5.1. Commonwealth Rights...............................................................................................................6

5.2. Confidential Information..............................................................................................................6

5.3. Australian National Audit Office..................................................................................................8

5.4. Commonwealth Policy and Legislation.......................................................................................85.5. Electronic Payment...................................................................................................................10

6. Tenders...............................................................................................................10

6.1. Validity Period of Tender..........................................................................................................10

6.2. Alterations and Unintentional Errors of Form...........................................................................10

6.3. Language and Measurement...................................................................................................11

6.4. Ownership and Use of Documents...........................................................................................11

6.5. Price .........................................................................................................................................11

6.6. Tenderers to Inform Themselves.............................................................................................11

6.7. Tenderer's Representations.....................................................................................................12

6.8. Conflict of Interest.....................................................................................................................126.9. Substitution of Tenderer...........................................................................................................12


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7. Tender Lodgement..............................................................................................13

7.1. AusTender, the Australian Government Tender System.........................................................13

7.2. AusTender Help Desk..............................................................................................................13

7.3. Electronic Lodgement...............................................................................................................13

7.4. Tender Closing Time and Date................................................................................................14

7.5. Preparing to Lodge a Tender...................................................................................................147.6. Scanned or Imaged Material, including Statutory Declarations...............................................15

7.7. Lodgement Process..................................................................................................................15

7.8. Late Tenders, Incomplete Tenders and Corrupted Files..........................................................16

7.9. Proof of Lodgement..................................................................................................................16

7.10. AusTender Security disclaimer...............................................................................................17

7.11. Alternative Tenders................................................................................................................17

ANNEXURE A: INTERPRETATION OF TERMS...........................................................18

Definitions.......................................................................................................................................18

Interpretation..................................................................................................................................19


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1. STRUCTURE OF RFT

1.1. This Request for Tender (RFT) comprises:

Part One - Conditions of Tender

Part Two - Statement of Requirement (including duty statement & selection criteria)

Part Three - Tender Response Form

Part Four - Draft Deed of Standing Offer

2. SUMMARY OF REQUIREMENT

2.1. Invitation to Tender

2.1.1. The Commonwealth represented by and acting through the Australian Taxation Office

(Tax Office), invites Tenders for the provision of suitably qualified personnel

(Specified Personnel) to work at the Tax Office's premises within a team known as

Enterprise Applications Management to perform ICT Services.

2.1.2. The contractual arrangements for the provision of the Specified Personnel will be

governed by a Deed of Standing Offer (DOSO) to be entered into between the

successful Tenderer(s) and the Tax Office.

2.2. Description of ICT Services

2.2.1. A description of the ICT Services and requirements is set out in Part Two

Statement of Requirement

2.3. RFT Objectives and Expected Outcomes

2.3.1. The successful Tenderer(s) will be selected on the basis of best value for money for

the Commonwealth.


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2.4. Timetable

2.4.1. The expected RFT process timeframe is as follows:

Activity Proposed Date

Closing Date and Time (clause ) 24 June 2010

at 2pm AEST

Complete evaluation of Tenders 6 July 2010

ICT Services to commence ASAP

2.4.2. The Commonwealth may vary this timetable.

2.5. Registered Tenderers and Notices

2.5.1. Tenderers who have registered and downloaded the RFT documentation will be

notified by AusTender via email of any addenda. It is in the interest of Tenderers to

ensure they have correctly recorded their contact details prior to downloading RFT

documentation. If Tenderers have not recorded their details correctly, they should

amend their details and download the RFT documentation again.

2.5.2. Tenderers are required to log in to AusTender and collect addenda as notified.

2.5.3. The Commonwealth will accept no responsibility if a Tenderer fails to become aware

of any addendum notice which would have been apparent from a visit to theAusTender page for this RFT.

2.5.4. If a Tenderer has obtained RFT documentation other than from AusTender, they

must visit AusTender, register as a user and download the RFT documentation.

2.6. Variation of RFT

2.6.1. If the Commonwealth amends this RFT after Tenders have been submitted it may

seek amended Tenders in accordance with clause of this Part One.

2.7. Disclaimer

2.7.1. The Commonwealth will not be liable to any Tenderer on the basis of any promissory

estoppel, quantum meruit or on any other contractual, quasi contractual or

restitutionary grounds whatsoever or in negligence as a consequence of any matter

or thing relating or incidental to a Tenderers participation in the RFT process

including, without limitation, instances where:

a. a Tenderer is not invited to participate in any subsequent process following

completion of this RFT process;

b. the Commonwealth varies or terminates the RFT process;

c. the Commonwealth decides not to contract for the provision of personnel for

all or any of the ICT Services; or

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d. the Commonwealth exercises or fails to exercise any of its other rights under

or in relation to this RFT.

2.8. Governing Law

2.8.1. The law of the Australian Capital Territory applies to this RFT. The courts of that

Territory have non-exclusive jurisdiction to decide any matter arising out of the RFT.

2.9. Contact Officer

2.9.1. Any enquiries of the Commonwealth regarding this RFT should be directed in writing

to the following:

Name Sally Nolan

Email contact [email protected]

Phone contact 02 6216 6312

2.9.2. Any question submitted by a Tenderer will be treated on the basis that the

Commonwealth may circulate a Tenderers questions and the Commonwealths

answers to all other Registered Tenderers without disclosing the source of the

questions or revealing Confidential Information of a Tenderer.

3. TENDER EVALUATION

3.1. Instructions to Tenderers

3.1.1. Tenders that have not been excluded under clause of this Part One will be assessed

in accordance with the evaluation criteria specified in clause of this Part One to

determine their value for money to the Commonwealth.

3.2. Conditions for Participation

3.2.1. Tenderers will refer to Clause 5.4 Commonwealth Policy and Legislation and in

particular sub clauses 5.4.5 to 5.4.6 in relation to new legislation and the Australian

Government Fair Work Principles.

3.2.2. It is also a condition for participation that Tenderers submit only one Candidate per

Part 3 Tender Response Form.

3.3. Consortia and Joint Tenders

3.3.1. The Commonwealth reserves the right to reject a Tender that:

a. proposes that the Commonwealth will contract with more than one legal

entity; or

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b. proposes two or more organisations will be jointly and severally liable; or

c. does not specify one single point of contact; or

d. proposes that a contract be executed by a legal entity that does not exist at

the time of submission of the Tender.

3.4. Compliance

3.4.1. The Commonwealth will exclude Tenders from further evaluation that it considers to

be non-compliant with this RFT or that are clearly uncompetitive or will not deliver

value for money, for example, because it is clear that proposed Specified Personnel

will not be able to obtain required security clearances.

3.5. Evaluation Criteria

3.5.1. The criteria against which Tenders will be evaluated to determine their value for

money to the Commonwealth, including the required security clearance level, are:

a. Demonstrated technical skills and experience;

b. Ability to perform the advertised role;

c. Availability of proposed Specified Personnel;

d. Ability of proposed Specified Personnel to obtain a Highly Protected

security clearance;

e. Performance at Interview, including attitude and interpersonal skills;

f. Hourly rate;

g. Referee reports of proposed Specified Personnel; and

h. Experience and proposed method of proposed Specified Personnel in

transferring skills to Tax Office staff.

3.6. Presentations, Meetings, Visits, Demonstrations, References

3.6.1. The evaluation of Tenders may also involve presentations by Tenderers and

meetings with Tenderers.

3.7. Clarification

3.7.1. The Commonwealth may seek clarification in relation to Tenders (including currency

conversions into Australian dollars and language translations into English). The

Commonwealth is not under any obligation to take into account additional information

provided by a Tenderer in response to a clarification request and will not do so where

that would introduce unfairness into the evaluation process.

3.8. Conducting Security, Probity and Financial Checks

3.8.1. The Commonwealth may conduct such security, probity and/or financial checks on

Tenderers and their proposed Specified Personnel as it deems necessary.

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3.9. Debriefing of Tenderers

3.9.1. Tenderers will be offered a debriefing following the award of a contract in relation to

this RFT. Tenderers requiring a debriefing should contact the Contact Officer

specified in clause of this Part One.

3.9.2. Where a debriefing is requested, Tenderers will be debriefed against the evaluationcriteria specified in clause of this Part One of this RFT. In accordance with

Commonwealth policy, 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 successful Tender. No comparisons

with other Tenders or Tenderers will be made.

3.10. Mode of Acceptance

3.10.1. The Commonwealth may accept a Tender at any time during the Offer Period by:

a. notice in writing to the successful Tenderer; and

b. where necessary, completing, dating and executing the Tax Offices standard

form of Deed of Standing Offer (see clause ) and delivering it to the Tenderer

at the address specified in the Tender.

4. GENERAL INFORMATION

4.1. About the Tax Office

4.1.1. The role of the Tax Office is to manage and shape tax, excise and superannuation

systems that fund services for Australians, giving effect to social and economic

policy. Our excise role excludes customs duty.

4.1.2. The Tax Office is one of the Australian Governments largest agencies in terms of

client base, number of employees, volume of transactions and budget. The Tax

Office's national headquarters is in Canberra. The Tax Office employs around 22,000

people throughout Australia.

4.1.3. Further information about the Tax Office can be found on our website at

www.ato.gov.au/

4.2. Taxpayers' Charter

4.2.1. The Taxpayers Charter outlines the rights and obligations of Tax Office clients under

the law as well as the service and other standards they can expect in dealing with the

Tax Office. Contractors who provide services are required to act in a manner

consistent with the Taxpayers' Charter.

4.2.2. The Taxpayers Charter can be viewed at the Tax Office internet site

www.ato.gov.au/ (look for About Us then About Us then How we do things).

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4.3. Code of Conduct and Ethical Behaviour

4.3.1. Employees of the Tax Office are subject to the Australian Public Service (APS)

Values and are bound by the APS Code of Conduct contained in Part Three of the

Public Service Act 1999 and achieve the highest level of ethical standards in their

business relationships. Contractors who provide services are required to act in a

manner consistent with the APS Values and Code of Conduct and Tax OfficesEthical Relationships Guide and must sign a Deed of Undertaking and Consent in

favour of the Tax Office.

4.3.2. The APS Values and Code of Conduct can be viewed at the Australian Public Service

Commission website http://www.apsc.gov.au/.

4.3.3. The Tax Offices Ethical Relationships Guide can be viewed at the Tax Office website

www.ato.gov.au/ (look for About Us at the bottom of the page, then Tenders and

Procurement).

5. COMMONWEALTH REQUIREMENTS

5.1. Commonwealth Rights

5.1.1. Without limiting its rights at law or otherwise, the Commonwealth may:

a. amend the RFT;

b. require additional information or clarification from any Tenderer or any one

else or provide additional information or clarification to any Tenderer;

c. negotiate with any one or more Tenderers including terminating any

negotiations being conducted from time to time;

d. seek amended Tenders or call for new Tenders;

e. short-list a Tender at any time;

f. publish or disclose the names of successful Tenderers or those who are

short listed as a result of the evaluation of responses to the RFT;

g. if the Commonwealth considers that no Tender offers value for money to the

Commonwealth in accordance with the RFT, or it is otherwise in the public

interest to do so, terminate the RFT process and:

i. negotiate with one or more non-Tenderers; or

ii. enter into a contract or other binding relationship outside the RFT

process.

5.2. Confidential Information

5.2.1. Tenderers should note that rights of access to information in, or in relation to, tenders

and contracts exist under a range of Commonwealth legislation including:

a. Freedom of Information Act 1982;

b. Auditor-General Act 1997; and

c. Ombudsman Act 1976;

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and that Parliament and the courts also have legal rights to access a wide range of

information.

5.2.2. If and when the Commonwealth enters into a contract it is obliged to disclose certain

information in, or in relation to, the contract. These requirements include that it must:

a. report Commonwealth contracts and standing offers with an estimatedliability (including GST where applicable) of $10,000 or more in accordance

with the Department of Finance and Administrations Guidance on

Procurement Publishing Obligations; and

b. publish on the Tax Office website a list of current contracts which have a

value of $100,000 or more, and provide a number of details about these

contracts including the value, the subject matter, the duration and certain

confidentiality requirements in, or in relation to, the contract.

5.2.3. Tenderers are asked to identify in their Tenders any information that they will be

providing to the Commonwealth in, or related to, their Tender, that they considershould be subject to a specific obligation of confidence on the part of the

Commonwealth, if the Commonwealth and the Tenderer enter into a contract. Only

inherently confidential (that is, sufficiently secret and significant) information will be

considered by the Commonwealth for protection as confidential information.

5.2.4. Subject to clause of this Part One, the Commonwealth will treat as confidential:

a. all information in the Tender; and

b. any additional information provided by the Tenderer to the Commonwealth in

the course of the RFT process, including during any negotiations

prior to the award of a contract or termination of the RFT process. Once a contract

has been awarded, or the RFT process has been terminated, the Commonwealth

will not keep such information confidential unless:

i. the Tenderer requests that specific information should be kept

confidential;

ii. the specific information is by its nature confidential; and

iii. the Commonwealth agrees to that request,

in which case the information will be kept confidential subject to the

Commonwealth's legal and policy obligations to disclose the information.

5.2.5. Despite clause of this Part One, the Commonwealth may disclose information:

a. for Tender related activities, including negotiating with the Tenderer;

b. to enable effective management or auditing of Tender-related activities

(including negotiations with the Tenderer);

c. to the Treasurer or other responsible Minister;

d. if in response to a request by a House or a Committee of the Parliament of

the Commonwealth of Australia;

e. within the Tax Office, or with another agency, where this serves the

Commonwealths legitimate interests;

f. if authorised or required by law to be disclosed;

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g. that is required to be reported or published as noted in clause of this Part

One;

h. in which intellectual property rights have vested in, or been assigned to, the

Commonwealth; or

i. which is in the public domain otherwise than due to a breach of this clause of

this Part One.

5.2.6. Where the Commonwealth provides the Tender information to a person who is not a

Commonwealth employee or Minister, the Commonwealth will ensure that the third

party is obliged to protect the information as confidential.

5.2.7. Where the Commonwealth provides any Tender information to the Treasurer or any

other responsible Minister, or in response to a request by a House or a Committee of

the Parliament of the Commonwealth of Australia, the Commonwealth will notify the

Minister, House or Committee that the information is confidential information (subject

to the exceptions described in clause of this Part One).

5.3. Australian National Audit Office

5.3.1. TheAuditor General Act 1997provides the Auditor-General and authorised persons

with a right to have, at all reasonable times, access to information, documents and

records.

5.3.2. In addition to the Auditor-General's powers under theAuditor-General Act 1997,

successful Tenderer(s) will be required to provide the Auditor-General or an

authorised person, access to information, documents, records and Commonwealth

assets, including those on the Tenderer's premises. This will be required at

reasonable times on giving reasonable notice for the purpose of carrying out the

Auditor-General's functions and will be restricted to information and assets which are

in the custody or control of the Tenderer, its employees, agents or subcontractors,

and which are related to the contractual arrangements between the Tax Office and

the Tenderer or the ICT Services.

5.3.3. Tenderers should obtain, and will be deemed to have obtained, their own advice on

the impact of the Auditor-General Act 1997 (Cth) on their participation in the Tender.

5.4. Commonwealth Policy and Legislation

5.4.1. It is Commonwealth policy not to enter into contracts with suppliers who do not

comply with the Equal Opportunity for Women in the Workplace Act1999 (the

EOWW Act). If the Tenderer has been named as not complying with its obligations

under the EOWW Act and the Tenderer does not submit a letter of compliance with

its Tender, the Tender shall be considered as non-complying and may be excluded

from consideration.

5.4.2. The successful Tenderer(s) will be required to agree in the Deed of Standing Offer

(see clause of this Part One) to comply with the Privacy Act 1988(Cth), including the

Information Privacy Principles, National Privacy Principles and any other privacyobligations.

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5.4.3. It is Tax Office policy not to contract with providers engaging illegal workers. For

more information refer to A Guide on Work Rights (available at

www.immi.gov.au/employers/).

5.4.4. Tenderers should note that the Australian Government Fair Work Principles apply to

this procurement. More information on the Fair Work Principles and their associated

User Guide can be found at www.deewr.gov.au/fairworkprinciples.

5.4.5. In particular Tenderers should note that in accordance with the Fair Work Principles

Commonwealth Entities will not enter into a contract with a Tenderer who:

a. fails, when required by the Commonwealth, to confirm it understands and

complies with all relevant workplace relations law, occupational health and

safety law, or workers compensation law;

b. is subject to an order from any Court or Tribunal decisions relating to a

breach of workplace relations law, occupational health and safety law, or

workers' compensation law with which the Tenderer has not fully complied oris not fully complying;

c. has a Fair Work Act 2009 agreement that was made on or after 1 January

2010 that does not include genuine dispute resolution procedures;

d. fails to provide information when requested by the Tax Office relevant to their

compliance with the Fair Work Principles;

For the purposes of clause 5.4.6:

(a) a genuine dispute resolution procedure is one which provides each of the following

processes to resolve workplace disputes:

o the ability for employees to appoint a representative in relation to the dispute;

o in the first instance procedures to resolve the dispute at the workplace level;

o if a dispute is not resolved at the workplace level, the capacity for a party to the

dispute to refer the matter to an independent third party for mediation or

conciliation; and

o if the dispute is still not resolved, the capacity for an independent third party to

settle the dispute via a decision binding on the parties.

(b) a decision or order with which the Tenderer has not fully complied or is not fully

complying includes any relevant penalty or order of a Court or Tribunal, but It does

not extend to infringement notices issued by workplace inspectors or a provisional

improvement notice issued by an occupational health and safety inspector, or those

instances where a penalty or a requirement has been imposed but the period for

payment/compliance has not expired.

e.

5.4.6. Tenderer's attention is drawn to the obligations under Part 4 of the Charter of United

Nations (Terrorism and Dealing with Assets) Regulations 2002. These laws require

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any person who holds assets or funds belonging to a person or organisation on the

list of persons and entities designated as terrorists to immediately freeze those

assets. It is an offence to make any funds or assets available to a person or

organisation on the list. The list and more information is available at

http://www.dfat.gov.au/icat/freezing_terrorist_assets.html. The Commonwealth will

not enter into a contract with a person or organisation on the list.

5.4.7. In order to create and maintain an appropriate security environment for the protection

of Tax Office functions and official resources, it is Tax Office policy to classify official

information as UNCLASSIFIED, IN-CONFIDENCE, PROTECTED or HIGHLY

PROTECTED.

5.4.8. If you have nominated an email address in Part Three of the RFT, the Tax Office will

use that email address to exchange information in relation to your tender response,

for information classified up to and including IN-CONFIDENCE. PROTECTED and

HIGHLY PROTECTED information cannot be exchanged via email.

5.5. Electronic Payment

5.5.1. Except in exceptional circumstances, the Tax Office will only contract with Tenderers

on the basis that all payments made for provision of Specified Personnel to perform

the ICT Services will be made by the Tax Office through electronic funds transfer

directly into that Tenderers bank account.

6. TENDERS

6.1. Validity Period of Tender

6.1.1. Tenders remain open for acceptance for a period of not less than 180 calendar days

(Offer Period).

6.1.2. The Commonwealth may request an extension of the Offer Period specified in clause

of this Part One.

6.2. Alterations and Unintentional Errors of Form

6.2.1. Where, prior to the Closing Time, the Tenderer wishes to alter its Tender that has

been lodged in the Electronic Tender Box, the Tenderer should provide a revised

Tender superseding the original Tender. This should be clearly stated in the revised

Tender and lodged by the Closing Time. Failure to do so may result in the

Commonwealth not considering the revised Tender.

6.2.2. The Commonwealth may allow the Tenderer to correct or clarify unintentional errors

of form, but will not permit any material alteration or addition to the Tender.

6.2.3. If a Tenderer believes there is a discrepancy, error, ambiguity or omission in this

RFT, it should immediately notify the Contact Officer in writing at the addressspecified in clause of this Part One.

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6.3. Language and Measurement

6.3.1. All Tenders, including Annexures and supporting documentation should be:

a. written in the English language; and

b. refer only to Australian legal units of measurement.

6.4. Ownership and Use of Documents

6.4.1. Tender documents become the property of the Commonwealth on submission.

6.4.2. The Commonwealth may use, retain, copy and disclose the information contained in

Tender documents for:

a. Tender evaluation;

b. preparation and management of any resultant contract; and

c. any other matter related to this RFT, including governmental andParliamentary requirements.

6.4.3. The Commonwealth may provide the Tender documentation to third parties for the

purposes set out above.

6.5. Price

6.5.1. Tender Prices and any other monetary amounts included in a Tender should be in

Australian dollars.

6.5.2. The Tender Price should show the GST exclusive amount, any GST amount

applicable and the total amount.

6.6. Tenderers to Inform Themselves

6.6.1. Tenderers are deemed to have:

a. examined this RFT, any documents referred to in this RFT and any other

information made available in writing by the Commonwealth to Tenderers for

the purpose of tendering;

b. examined all further information which is obtainable by making reasonable

enquiries relevant to the risks, contingencies and other circumstances having

an effect on their Tender;

c. satisfied themselves as to the correctness and sufficiency of their Tender,

including the Tender Price;

d. satisfied themselves as to the nature and effect of any laws regulating the

provision of the ICT Services and the provision of Specified Personnel to

perform ICT services; and

e. satisfied themselves as to the terms and conditions of the Tax Office's

standard form of Deed of Standing Offer (see clause of this Part One) and

their ability to comply with those terms and conditions.

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6.7. Tenderer's Representations

6.7.1. Tenderers are deemed to have represented that, in preparing their Tender:

a. it has not relied on any warranty, representation or conduct that is not

expressly provided for in this RFT;

b. it did not use the improper assistance of the Commonwealth's employees,former employees, contractors or ex-contractors or information unlawfully

obtained.

6.7.2. Tenderers acknowledge that the Commonwealth will not be responsible for their

costs or expenses in submitting a Tender or complying with the requirements of this

RFT.

6.8. Conflict of Interest

6.8.1. Tenderers should identify in their Tender whether, to the best of their knowledge aftermaking diligent inquiry, a conflict of interest concerning itself or a related entity exists

or is likely to arise in the delivery of the ICT Services specified in the Statement of

Requirement. A conflict of interest may exist if:

a. the Tenderer or any of its personnel (including Specified Personnel) have a

relationship (whether professional, commercial or personal) with the

Commonwealth personnel involved in the RFT process; or

b. the Tenderer has a relationship with, and obligations to, an organisation

which would affect the performance of the ICT Services or would bring

disrepute to or embarrass the Commonwealth.

6.8.2. If at any time prior to commencing ICT Services, a conflict of interest described in

clause of this Part One arises or appears likely to arise, Tenderers should:

a. notify the Commonwealth immediately in writing;

b. make full disclosure of all relevant information relating to the conflict; and

c. take such steps as the Commonwealth may reasonably require to resolve or

otherwise deal with the conflict.

6.8.3. If any conflict of interest arises or appears likely to arise before commencing the ICT

Services, or the Tenderer fails to act in accordance with clause of this Part One, the

Commonwealth may:

a. enter into discussions to seek to resolve such conflict of interest;

b. exclude the Tender from further consideration; or

c. take any other action as it considers appropriate.

6.9. Substitution of Tenderer

6.9.1. If the composition or control of the Tenderer, or the business of the Tenderer,

changes the Commonwealth may (at its discretion):

a. allow the substitution of another legal entity for the Tenderer upon receipt of

a joint written request by the Tenderer and the other legal entity (in which

case the Commonwealth will take into account the expected impact of the

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event on the information provided in the Tender when evaluating the Tender);

or

b. not consider the Tender further.

7. TENDER LODGEMENT

7.1. AusTender, the Australian Government Tender System

7.1.1. AusTender is the online tendering system for Australian Government Agencies.

AusTender allows Tenderers to download RFT documentation and upload Tenders.

Tenderers must first register with AusTender at www.tenders.gov.au/

7.1.2. Access to and use of AusTender is subject to terms and conditions. Tenderers must

agree to comply with those terms and conditions and any applicable instructions,

processes, procedures and recommendations as advised on AusTender.

7.1.3. It is the responsibility of Tenderers to ensure that their infrastructure including

operating system and browser revision levels meet the minimum standards as

defined on AusTender. Neither the Tax Office nor the Commonwealth take any

responsibility for any problems arising from a Tenderers infrastructure and/or Internet

connectivity.

7.1.4. Tenderers acknowledge that although the Commonwealth has implemented the

security measures described on AusTender, the Commonwealth does not warrant

that unauthorised access to information and data transmitted via the Internet will not

occur.

7.1.5. Tenderers must inform themselves concerning all security measures and other

aspects of the AusTender technical environment. Tenderers must make their own

assessment of the AusTender system prior to using it for any matter related to this

RFT and no responsibility will be accepted by the Commonwealth arising in respect

of any use or attempted use by any party of AusTender.

7.2. AusTender Help Desk

7.2.1. All queries and requests for technical or operational support must be directed to:

AusTender Help Desk

Telephone: 1300 651 698

Email: [email protected]

7.2.2. The AusTender Help Desk is available between 9am and 5pm, Monday to Friday

(excluding ACT and national public holidays).

7.3. Electronic Lodgement

7.3.1. Tenders must be lodged electronically via the Australian Government Tender

System, AusTender, at www.tenders.gov.au/ and in accordance with the tender

lodgement procedures set out in clause of this Part One and on AusTender.

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7.3.2. Where there is any inconsistency between the tender lodgement procedures set out

on AusTender and those set out in this RFT, this RFT will prevail.

7.3.3. Except as provided for in clause of this Part One, Tenders lodged by any other

means, including by hand, facsimile or email, will not be considered.

7.4. Tender Closing Time and Date

7.4.1. Tenders must be lodged before 2:00pm on the 24 June 2010

7.4.2. The time displayed on AusTender is deemed to be the correct time and will be the

means by which the Commonwealth will determine that tenders have been lodged by

the Closing Time.

7.4.3. The judgement of the Commonwealth as to the time a Tender has been lodged will

be final.

7.4.4. The Commonwealth may extend the Closing Time at its sole and absolute discretion.

7.5. Preparing to Lodge a Tender

Virus Checking

7.5.1. Tenders must be free of viruses, worms or other disabling features which may affect

AusTender and/or the Commonwealth computing environment. Tenders found to

contain viruses, worms or other disabling features will be excluded from the

evaluation process.

Tender File Formats, Naming Conventions and Sizes

7.5.2. Tenders must accord with the requirements set out in this clause of this Part One for

file format/s, naming conventions and file sizes. Failure to comply with any or all of

these requirements may result in the Tender not uploading successfully and may

eliminate the bid from consideration.

7.5.3. Tenders should be lodged in Microsoft Word or if MS Word is not available, in Rich

Text Format (RTF) or other format as agreed by the Contact Officer specified in

clause of this Part One.

7.5.4. The Tender file name/s should:

a. incorporate the Tenderers company name (or meaningful part thereof);

b. reflect the various parts of the bid they represent, where the Tender

comprises multiple files;

c. not include spaces, non-alpha/numeric characters and symbols; and

d. not exceed 20 characters.

7.5.5. Tender files:

a. must not exceed a combined file size of 5 megabytes per upload;

b. should be uploaded from a high level directory on a Tenderers desktop, so

as not to impede the upload process; and

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c. should be zipped (compressed) together for transmission to AusTender.

7.5.6. AusTender will accept up to a maximum of five files in any one upload of a Tender.

Each upload should not exceed the combined file size limit of 5 megabytes. If an

upload would otherwise exceed 5 megabytes, the Tenderer should either:

a. transmit the Tender files as a compressed (zip) file not exceeding 5

megabytes; or

b. lodge the Tender in multiple uploads ensuring that each upload does not

exceed 5 megabytes and clearly identify each upload as part of the Tender.

7.5.7. If a Tender consists of multiple files uploads of all files must be completed before the

Closing Time.

7.5.8. Subject to clause of this Part One, Tenders should be completely self-contained. No

hyperlinked or other material may be incorporated by reference.

7.6. Scanned or Imaged Material, including Statutory Declarations

7.6.1. Scanned or imaged material, which expands the Tender file size beyond the 5

megabyte limit per upload, is prohibited. Such material may be provided separately

via CD-ROM to the address specified in clause of this Part One within 2 business

days following the Closing Time or within such further period agreed by the Contact

Officer.

7.7. Lodgement Process

7.7.1. Tenderers should:

a. ensure their technology platform meets the minimum requirements identified

on AusTender;

b. refer to AusTenders Help guidance, if required, on uploading Tenders;

c. take all steps to ensure that the Tender is free from anything that might

reasonably affect useability or the security or operations of AusTender and/or

the Commonwealths computing environment; and

d. ensure that the Tender does not contain macros, script or executable code of

any kind unless that specific material has previously been approved in writing

by the Commonwealth.

7.7.2. Tenderers must allow sufficient time for Tender lodgement, including time that may

be required for any problem analysis and resolution prior to the Closing Time.

7.7.3. Tenderers should be aware that holding the Lodge a Response page in the web

browser will not hold the Electronic Tender Box open beyond the Closing Time. An

error message will be issued if the lodgement process is attempted after the Closing

Time.

7.7.4. Tenders lodged through AusTender will be deemed to be authorised by the Tenderer.

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7.8. Late Tenders, Incomplete Tenders and Corrupted Files

7.8.1. Any attempt to lodge a Tender after the Closing Time will not be permitted by

AusTender. Such a Tender will be deemed to be a Late Tender.

7.8.2. Where a Tenderer has problems accessing AusTender or uploading a Tender into

AusTender or has failed to receive a receipt confirming Tender lodgement due to afailure at the AusTender web site:

a. the Tenderer should immediately notify the Contact Officer specified in

clause of this Part One or the AusTender Help Desk (see clause of this Part

One) prior to the Closing Time; and

b. the Tenderer agrees its Tender will only be accepted as valid if it is lodged in

accordance with alternative arrangements advised to the Tenderer in writing

by the Contact Officer.

7.8.3. The Commonwealth will admit to evaluation any Tender that was received late solely

due to mishandling by the Commonwealth.

7.8.4. Subject to clause of this Part One, the Commonwealth will not admit a Late Tender

to evaluation.

7.8.5. Where electronic submission of a Tender has commenced prior to the Closing Time

but concluded after the Closing Time, and upload of the Tender file/s has been

completed successfully, as confirmed by AusTender system logs, the Tender will not

be deemed to be a Late Tender. Such Tenders will be identified by AusTender to the

Tax Office as having commenced transmission prior to, but completed lodgement

after, Closing Time.

7.8.6. Where a Tender lodgement consists of multiple uploads, due to the number and/or

size of the files, Tenderers must ensure that transmission of all files is completed and

receipted before the Closing Time and clause of this Part One will only apply to the

final upload.

7.8.7. Late Tenders, incomplete Tenders, including those with electronic files that cannot be

read or decrypted, Tenders which the Commonwealth believes to potentially contain

any virus, malicious code or anything else that might compromise the integrity or

security of AusTender and/or the Commonwealths computing environment, will be

excluded from evaluation.

7.9. Proof of Lodgement

7.9.1. When a Tender lodgement has been successfully completed, an official receipt is

provided on screen. The on-screen receipt will record the time and date the Tender

was received by AusTender and will be conclusive evidence of successful lodgement

of a Tender. It is essential that Tenderers save and print this receipt as proof of

lodgement. A separate email confirming receipt of the Tender will also be

automatically dispatched to the email address of the Registered Tenderer whose

details were recorded at login.

7.9.2. Failure to receive a receipt means that lodgement has not completed successfully.

Where no receipt has been issued by AusTender, the attempted lodgement will be

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deemed to have been unsuccessful. Tenderers should refer to clauses and of this

Part One.

7.10. AusTender Security disclaimer

7.10.1. Tenderers acknowledge that:

a. lodgement of their Tender on time and in accordance with these Conditions

of Tender is entirely their responsibility; and

b. the Commonwealth will not be liable for any loss, damage, costs or expenses

incurred by Tenderers or any other person if, for any reason, a Tender or any

other material or communication relevant to this RFT, is not received on time,

is corrupted or altered or otherwise is not received as sent, cannot be read or

decrypted, or has its security or integrity compromised.

7.11. Alternative Tenders

7.11.1. The Commonwealth may consider a Tender that does not comply with the Statement

of Requirement if the Tenderer clearly:

a. proposes a solution which satisfies the objectives and outcomes of the

Statement of Requirement specified in the RFT;

b. is fully capable of providing personnel to perform the ICT Services in

accordance with the Tax Office's standard form of Deed of Standing Offer

(see clause of this Part One) and meets the Tax Offices business

requirements;

c. specifies each instance of change (including effect on the Tendered Price);and

d. states the reasons for each instance of change and how they may benefit the

Commonwealth.

7.11.2. Failure to provide the information requested in clause of this Part One may result in

the Commonwealth not considering the Tender.

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ANNEXURE A: INTERPRETATION OF TERMS

DEFINITIONS

In this RFT unless the context otherwise requires:

"AusTender" means the Australian Government Tender System.

"Closing Time" means the date and time for the lodgement of Tenders specified at

Clause of this Part One.

"Commonwealth" means the Commonwealth of Australia.

"Contact Officer" means the person specified at clause of this Part One.

"Electronic Tender Box" is the area in AusTender where Tenders are lodgedelectronically.

"GST" means Goods and Services Tax payable under theA New Tax System (Goods

and Services Tax) Act 1999.

"Highly Protected" is the security classification applied to information when

unauthorised disclosure of the information could cause serious damage to the

Australian Government, commercial entities, or members of the public.

"ICT Services" means the information and communications technology services

described in Part Two of the RFT.

"In-Confidence" is the security classification applied to information when unauthorised

disclosure of the information could cause limited damage to the Australian Government,

commercial entities, or members of the public.

"Lodged" in relation to a Tender, means the Tender has been completely received into

the Electronic Tender Box.

"Offer Period" has the meaning given in clause of this Part One.

"Protected" is the security classification applied to information when unauthorised

disclosure of the information could cause damage to the Australian Government,

commercial entities, or members of the public.

"Registered Tenderers" means prospective Tenderers who have registered with

AusTender as described in clause of this Part One.

"RFT" means this Request for Tender and includes the Parts and the Annexures.

"Specified Personnel" has the meaning given in the standard Deed of Standing Offer

(see clause of this Part One of this RFT) and are the personnel whose details are

provided in response to Parts Two and Three of this RFT.

"Statement of Requirement" means the description of the ICT Services andrequirements for the provision of personnel to perform those ICT Services specified in

Part Two of the RFT.

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"System Failure" in relation to AusTender, means any outages, faults or delays

occurring for any reason including, without limitation, technical difficulties with the

performance or operation of AusTender or another persons software, equipment or

systems or any outages, faults or delays with the Internet or other infrastructure

involved in the transmission of any documents associated with this RFT process.

"Tax Office" means the Australian Taxation Office.

"Tender" means a written offer to provide Specified Personnel to perform the ICT

Services made pursuant to and in accordance with this RFT.

"Tenderer" means a person who has submitted a Tender pursuant to this RFT.

"Tender Price" means the price or fee structure offered by a Tenderer in the Tender to

the Commonwealth for the provision of Specified Personnel to perform the ICT

Services.

"UNCLASSIFIED" is the marking applied to any Tax Office information which does not

warrant a security classification of In-Confidence, Protected or Highly Protected.

"Writing" means any representative of words, figures or symbols capable of being

rendered in a visible form, and includes in electronic form.

INTERPRETATION

1. In this RFT, unless the context otherwise requires:

a. (Plurals/Gender/Persons) the singular includes the plural and vice versa;

words importing one gender include all genders; and a reference to a

person includes a corporation, body corporate, statutory authority orother entity;

b. (Legislation) a reference to a statute, ordinance, code or other law include

regulations and other instruments under it and consolidations,

amendments, re-enactments or replacements of any of them;

c. (Successors) a reference to a party includes a reference to its successors,

administrators, executors and assigns;

d. (Headings) headings are for convenience only and do not affect the

interpretation of this RFT;

e. (Joint and Several) any covenant, term, condition or provision of this RFT to

be performed or warranty, guarantee or indemnity given by two or more

persons binds those persons jointly and each of them severally;

f. (Time) a reference to time is a reference to Canberra local time.

2. Unless a contrary intention is indicated, the terms in the RFT have the

same meaning as the definitions set out in the Tax Offices standard form of

Deed of Standing Offer (see clause of this Part One).

Part 1 - Conditions of Tender - RFT 013-2010 Siebel Analyst-Developer

Documents

Transcript of Part 1 - Conditions of Tender - RFT 013-2010 Siebel Analyst-Developer