Commonwealth Approach to Market (ATM) – Goods and Services

Commonwealth of Australia

Commonwealth ATM – Goods and Services:

Ref No: [insert agency Ref No:]

Black text, highlighted yellow is where specific information is to be inserted.

Drafting Note:This template is to be used for procurement of Goods and Services with an estimated value of less than $200,000. It should not be used for panels, labour hire, Whole-of-Government arrangements, ICT or software. Instructions to assist you to complete this template are in black text on a grey background. Where multiple options are shown, delete all options not used.

Note: If the potential supplier is an individual rather than a company or Trust, and does not meet the Australian Taxation Office’s (ATO) definition of an independent contractor, you will not be able to use the Commonwealth Contract template and will need to use a temporary employment contract instead.

For further guidance contact your agency’s legal and/or personnel area and refer to the ATO website at:

http://calculators.ato.gov.au/scripts/axos/axos.asp?CONTEXT=&KBS=GEC.xr4&go=ok

Drafting Note:Use Option 1 for an agency that is a non-corporate Commonwealth entity.

Use Option 2 for other. Delete the option not used.

Option 1

The Commonwealth as represented by [Insert Name of Agency] (the Customer) is seeking tenders for the provision of the goods and services (Goods and Services) described in this Commonwealth Approach to Market (ATM).

Option 2

[Insert Name of Agency] (the Customer) is seeking tenders for the provision of the goods and services (Goods and Services) described in this Commonwealth Approach to Market (ATM).

In submitting a response, Potential Suppliers are required to comply with all requirements set out in the Commonwealth Approach to Market Terms.

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Commonwealth Approach to Market (ATM) – Goods and Services

Statement of RequirementA.A.1 Key Events and DatesEvent Date Time

Closing Time

Drafting Note:Ensure the time allowed for preparing Responses is appropriate for the requirement.

Drafting Note:Below the threshold NO minimum timeframe applies. Refer to CPR Clauses 10.17 – 10.23 for minimum timeframes above the threshold.

http://www.finance.gov.au/procurement/procurement-policy-and-guidance/commonwealth-procurement-rules/

[Insert date]

Drafting Note:Insert time of closing and time zone (eg 2:00pm Canberra local time).

[Insert time] [ACT] local time

Expected Contract Execution Date [Insert date]

The Goods are required to be delivered on or before [Insert date]

The Services are required to be delivered on or before

[Insert date]

Contract Term

Drafting Note: Use Option A when you want to specify the duration of the Contract, or use Option B if you want to specify the end date. Delete the other option.

Option A

The Contract will remain in force for a period of [insert period eg 6 months] from the date the Contract was entered into.

Option B

The Contract will terminate on [insert date].

Contract Extension Option (if applicable)

Drafting Note:Insert the details of any extension period. If no extension period is being offered insert “Not Applicable”.[Insert period eg 3 months or “Not Applicable”]

A.A.2 Mandatory Conditions of ParticipationDrafting Note:Insert only necessary mandatory conditions of participation (eg if you require the Supplier to have membership of a professional organisation and/or have accreditation to a certain standard.)Do not include conditions which are not essential here as you MUST exclude from consideration any responses which do not meet these conditions.To include mandatory conditions of participation use Option 1 and delete Option 2.If no mandatory conditions of participation are required use Option 2 and delete Option 1.NOTE: Non-mandatory conditions can be included in the ATM – Special Conditions, if necessary to suit the specific requirement.

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Commonwealth Approach to Market (ATM) – Goods and Services

Option 1

The Customer will exclude from consideration any Response that does not meet the following Mandatory Conditions of Participation:[Insert conditions text]

Option 2

Not Applicable

A.A.3 RequirementDrafting Note:Insert a full description of the Goods and Services required. The information you enter here is critical to the success of your procurement. If you don't understand what you want, then the supplier won't understand what you need. This results in wasted time, and services that are not fit for purpose. A good gauge of a well written specification is the lack of questions suppliers will ask about your requirement. If you are seeking the supplier to provide a solution make sure you clearly state what issue you want them to resolve. Any ambiguity will slow down the whole process.

[Insert full description of requirement]

A.A.3(a) Standards Drafting Note:Insert any applicable standards (eg may require the documents to be provided in a particular structure or presentation style, or to comply with the Commonwealth’s Style Manual – Sixth Edition, or you may need to comply with international standards (ISO) or Australian Standards (AS) where appropriate). Clearly outline any specific requirements here.

Do you need to add any environmental standards (eg energy efficiency, packaging etc)? If you are not sure, here is a link to the relevant procurement connected policies.

http://www.finance.gov.au/procurement/procurement-policy-and-guidance/buying/policy-framework/procurement-policies/principles.html#table2

If not applicable, insert “Not Applicable” here.

[Insert any standards required]

A.A.3(b) Security RequirementsDrafting Note:If you require particular security arrangements (eg if Supplier personnel will be handling classified material, have access to agency IT systems or be located in agency premises or if Supplier personnel will deliver Goods to a specific location within the agency premises) detail your agency’s security requirements here. You should also include details of Security briefing processes for Supplier personnel, if these are required.

If no specific security requirements apply, insert “Not Applicable” here.

http://www.protectivesecurity.gov.au/Pages/default.aspx

[Insert security requirements if any]

A.A.3(c) Workplace Health and Safety Drafting Note:

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Commonwealth Approach to Market (ATM) – Goods and Services

Detail any specific Workplace Health and Safety requirements here and delete the standard text. If there are no specific requirements use the standard text below.

For more Work Health and Safety information or guidance see link below.

http://www.business.gov.au/BusinessTopics/Occupationalhealthandsafety/Pages/OHandSActsRegulationsandCodesofPractice.aspx

Prior to commencing supply of the Goods and Services, the Customer’s Contract Manager and the Supplier’s Contract Manager will identify any potential workplace health and safety issues and assign management of each issue identified to the party best able to manage it.

A.A.3(d) Delivery and Acceptance Drafting Note:For any Services detail how you expect the Services to be delivered including any format requirements (if applicable) for each milestone outlined below or at the end of the contract period (eg maintenance will be performed quarterly, at a specified location in the Department’s office, who the contact officer will be).

For any Goods insert full delivery details including contact person(s) or address to whom the Goods should be delivered and the date when required. If only one location and delivery date, use a single row in the table below. For multiple locations and/or delivery dates add extra rows as required.

Include details here if a pre-delivery inspection is required or you have special instructions for the delivery and acceptance of the Goods.

If there are no milestones insert “not applicable”.

[Insert any delivery and acceptance instructions here]

Milestone Description Delivery Location Due Date

[description] [location] [date]

The Customer may accept or reject any deliverables under the Contract in accordance with the Commonwealth Contract Terms [Clause C.C.10].

A.A.3(e) Facilities and assistance offered by the CustomerDrafting Note:Insert facilities or assistance you will provide, if any (eg forklift and/or other moving equipment for unloading etc for Goods, or office space and all facilities for Supplier personnel in your agency’s office for Services).If no facilities or assistance is offered, insert “Not Applicable” here.

[Insert full description of any facilities and/or assistance offered]

A.A.3(f) Customer Material Drafting Note:Customer Material refers to any background material provided to the Supplier by the Customer for the purposes of providing the Services, or which is copied or derived from Customer Material.

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If not applicable, insert “Not Applicable” here.

[Insert full description of any background material to be provided to the Supplier by the Customer]

A.A.4 Approach to Market (ATM) DistributionDrafting Note:If this is over the procurement threshold and is therefore an open ATM you must use Option 1. You may also use Option 1 below the threshold. Delete the option that is not applicable below.

Option 1

This ATM and any updates will be distributed via AusTender and are subject to the following:

Document Download AusTender is the Australian Government’s procurement information system. Access to and use of AusTender is subject to terms and conditions. In participating in this ATM process, Potential Suppliers must comply with those terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on AusTender at: https://www.tenders.gov.au/?event=public.termsOfUse.

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

AusTender Help Desk

Telephone: 1300 651 698

International: +61 2 6215 1558

Email: tenders@finance.gov.au

The AusTender Help Desk is available between 9:00am and 5:00pm ACT Local Time, Monday to Friday (excluding ACT and national public holidays).

Option 2

This ATM and any updates will be distributed by email. Any questions relating to this ATM must be directed to the Customer’s Contact Officer at Clause A.A.6.

A.A.5 Lodgement MethodDrafting Note:Use Option 1 if your agency is receiving Responses through AusTender. You must include the Electronic Lodgement and Preparing to Lodge a Tender Response sections, but may delete the section on Scanned or Imaged Material if not applicable to your procurement.Use Option 2 if your agency is receiving offers directly. Note that if your agency is receiving offers directly you must set up a transparent process for recording the offers that are received on time and any that are late – late offers cannot be considered (as set out in Commonwealth ATM Terms [Clause A.B.2]).

Option 1

Electronic LodgementResponses must be lodged electronically via AusTender before the Closing Time and in accordance with the Response lodgement procedures set out in this ATM documentation and on AusTender.

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Commonwealth Approach to Market (ATM) – Goods and Services

The Closing Time will also be displayed on the relevant AusTender webpage together with a countdown clock that displays in real time the amount of time left to submit a response. (For more information please see AusTender Terms of Use).

For the purposes of determining whether a Response has been lodged before the Closing Time, the countdown clock will be conclusive.

Preparing to Lodge a Tender Response: File Formats, Naming Conventions and SizesThe Customer will accept Responses lodged in Microsoft Word v? (or above), Microsoft Excel v? (or above) or PDF format v? (or above). [specify the appropriate format requirements]

The Response file name/s: should incorporate the Potential Supplier’s company name; and should reflect the various parts of the bid they represent, where the Response comprises

multiple files.

Response files should / must [make the appropriate selection] not exceed a combined file size of X [specify reasonable size limit] megabytes per upload.

Responses must be completely self-contained. No hyperlinked or other material may be incorporated by reference.

Scanned or Imaged Material, including Statutory DeclarationsIn the event that the Customer requires clarification of the Response, the Potential Supplier may be required to courier or security post the originals of the signature and/or initialled pages to the Customer at the address specified at A.A.5 within [X] business days of the Closing Time.

Option 2

Responses should be lodged with:

Name: [Insert Contact’s name (or delete this line)]

Position title: [Insert Contact’s position (or delete this line)]

Reference number (if applicable): [Insert Agency reference (or delete this line)]

Option 2(a)Address for lodgement: [If you require hard copy Responses, insert postal or

physical address for lodgement (and delete Option 1 and 2(b) and 2(c)]

or Option 2(b)Email address: [To receive Responses by email, insert email

address for lodgement (and delete Option 1 and 2(a) and 2(c)]

or Option 2(c)

Fax number: [To receive Responses by fax, insert fax number for lodgement (and delete Option 1 and 2(a) and 2(b)]

by the Closing Time specified at A.A.1 [Key Events and Dates].

A.A.6 Customer’s Contact OfficerDrafting Note:Use Option 1 if you want to nominate a position as the Contact Officer.Use Option 2 if you want to name a person as the Contact Officer. Including telephone contact details is optional. If no telephone details are to be included delete the line.

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It is important that any communications from potential Suppliers are dealt with as promptly as possible. To achieve this, it is worthwhile considering the use of contact details that multiple officers can access. Make sure that any person nominated will be available throughout the process.

Option 1

For all matters relating to this ATM, the Customer’s Contact Officer will be the person occupying the position of [Insert Contact’s position]Telephone: [Insert Contact’s telephone number or delete this line]Email: [Insert Contact’s email address]

Option 2

For all matters relating to this ATM, the Customer’s Contact Officer will be:Name: [Insert Contact’s name]Telephone: [Insert Contact’s telephone number or delete this line]Email: [Insert Contact’s email address]

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Commonwealth Approach to Market (ATM) – Goods and Services

ATM Special Conditions

Drafting Note:For most requirements it will not be necessary to specify any special conditions for your specific approach to market.However, on some occasions special conditions may be necessary. If your requirement necessitates special conditions to meet particular circumstances, please consult your agency procurement advice area before using this provision.

If no special conditions are necessary, delete this page.A.A.7[Insert text if applicable]

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Additional Contract TermsDrafting Note:

Any additional contract terms, specific to your requirement, which you will include in your contract with suppliers, should be included here.

Some Goods and Services Contracts will require an IP clause. All Contract clauses included here should be added to the Additional Contract terms of the Commonwealth Contract.

The Commonwealth Contract Terms have been designed to enable Commonwealth Officials to comply with their legislated responsibilities and are therefore non-negotiable. If Potential Suppliers have reasons why any of the Additional Contract Terms should be changed, they are able to specify this in the Supplier’s Response to the ATM Part 5 under non-compliance.

An executed contract will incorporate the Commonwealth Contract Terms and also the following Additional Contract Terms (if any).

Drafting Note:If your agency seeks to own, rather than use the intellectual property, refer to http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/AustralianGovernmentIPrules.aspx. If you make any change to the standard clause below, the changed clause must reflect the Principles.

Ensure you seek legal advice on the wording of any alternate clause.

Delete text below if not applicable.

A.C.1 Intellectual PropertyThe Supplier grants the Customer a fee free non-exclusive irrevocable, world-wide licence to use, reproduce, modify, adapt, distribute, communicate, exploit, perform and publish the Material provided under the Contract for any purpose. The licence granted to the Customer under this clause includes a right to sub-license the Material to any person, including to the public under an open access licence.

The Supplier warrants that it is entitled to grant this licence; and that the provision of the Goods and Services and any Material under this Contract, and its use by the Customer in accordance with this Contract, will not infringe any third Party’s Intellectual Property Rights.

Drafting Note:Add any contract clauses specific to your requirement here.

[A.C.2 Add any additional contract terms]

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