Standard Form Approach to Market (SFATM)
Black text highlighted yellow is where specific information is to be inserted.
The Commonwealth as represented by [Insert Name of Agency] (the Customer) is seeking
tenders for the provision of the Goods described in this Standard Form Approach to Market
(SFATM).
Respondents must submit their responses on the form provided (as Response to Approach to
Market) with all details provided in English and prices quoted in Australian currency.
Respondents should note that the Customer:

will not contract with a Respondent where the Respondent or a proposed subcontractor does
not comply with clause A.B.15 [Conditions of participation] of this SFATM and

will terminate the Contract and recover its costs if the Supplier was not compliant with those
conditions at the time that the contract was executed (clause C.C.10 of the Standard Form
Contract Terms).
Acceptance of a submission will occur only when a contract is executed. An executed contract
will incorporate the Commonwealth’s Standard Form Contract Terms including any Standard
Form Contract - Special Conditions of Contract.
SFATM – Statement of Requirement
A.A.1
Key Dates and Times
Event
Date
Time
Closing Time -
[Insert date]
[Insert time] ACT local time
Expected Contract execution date
[Insert date]
The Goods are required on or before
[Insert date]
Contract Term
Wording changes to suit the requirement.
Contract Extension Option (if applicable) Wording changes to suit the requirement.
A.A.2
Requirement
Wording changes to suit the requirement.
A.A.2(a)
Facilities and assistance offered by the Customer
If applicable; wording changes to suit the requirement.
A.A.2(b)
Customer Material
If applicable; wording changes to suit the requirement.
A.A.2(c)
Standards and Best Practice
If applicable; wording changes to suit the requirement.
A.A.2(d)
Security Requirements
If applicable; wording changes to suit the requirement.
Public Consultation Draft
26 July 2016
Page 1 of 6
Standard Form Approach to Market (SFATM)
A.A.2(e)
Delivery Dates and Locations
Delivery Address
A.A.2(f)
Delivery Date
Contact Officer/Position
Phone
Delivery and Acceptance of Goods
Wording changes to suit the requirement – see also Contract Clause C.A.2(f).
A.A.3
Approach to Market (ATM) Distribution
Option 1
This SFATM and any updates will be distributed via email. Any questions relating to this SFATM
must be directed to the contact officer at A.A.5.
Option 2
This SFATM and any updates will be distributed via AusTender and are subject to the following
conditions:
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 SFATM process,
Respondents 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 9am and 5pm ACT Local Time, Monday to
Friday (excluding ACT and national public holidays).
A.A.4
Lodgement Method
Option 1
Tenders should be lodged with
Changes to suit the requirement.
Name:
Optional: Changes to suit the requirement.
Position title:
Changes to suit the requirement.
Reference number (if applicable):
Changes to suit the requirement.
Address for lodgement
or
email address:
or
Changes to suit the requirement.
fax number:
Changes to suit the requirement.
Changes to suit the requirement.
by the Closing Time specified above.
Public Consultation Draft
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Standard Form Approach to Market (SFATM)
Option 2
Electronic Lodgement
Responses must be lodged electronically via AusTender before the Response Closing Date and
Time and in accordance with the Response lodgement procedures set out in this SFATM
documentation and on AusTender.
The Closing Time will also be displayed in the relevant AusTender webpage together with a
countdown clock that displays in real time the amount of time left until Closing Time. (For more
information please see AusTender Terms of Use).
For the purposes of determining whether a Response has been lodged before the Closing Time,
the countdown clock will be conclusive.
Preparing to Lodge a Tender Response
Response File Formats, Naming Conventions and Sizes
The 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 Respondent’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 Declarations
In the event that the Customer requires clarification of the Response, the Respondent 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.
A.A.5
Contact Officer
Option 1
For all matters relating to this RFT, the Customer’s Contact Officer will be the person occupying
the position of
Changes to suit the requirement.
Telephone:
Changes to suit the requirement.
Email:
Changes to suit the requirement.
Option 2
For all matters relating to this RFT, the Customer’s Contact Officer will be:
Name:
Changes to suit the requirement.
Telephone:
Changes to suit the requirement.
Email:
Changes to suit the requirement.
Public Consultation Draft
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Standard Form Approach to Market (SFATM)
A.B.1
General
A.B.6
Responses are subject to these General
Conditions of Response (GCOR) and any Special
Conditions in this SFATM.
Respondents must submit Responses on the
form provided (as the Respondent’s Response to
the ATM) with all details provided in English and
prices quoted in Australian currency.
Acceptance of a Respondent’s Response will
occur only when a contract is executed. Any such
Contract will incorporate the Standard Form
Contract Terms including any Standard Form
Contract - Special Conditions of Contract.
Amendments and Queries
The Customer may amend, or clarify any aspect
of the SFATM prior to the Closing Time by
issuing a formal amendment to the SFATM in the
same manner as the original SFATM was
distributed. Such amendments or clarifications
will be issued simultaneously to all parties, as far
as practicable.
Any queries regarding this SFATM should be
directed to the Contact Officer in Clause A.A.4.
A.B.7
Clarification
The Customer, acting in good faith, may
discontinue the SFATM, decline to accept any
Response; decline to issue any contract; or satisfy
its requirement separately from the SFATM
process.
The Customer may, at any time prior to execution
of a contract, seek clarification or additional
information from, and enter into discussions and
negotiations with, any or all Respondents in
relation to their Responses. In doing so, the
Customer will not allow any Respondent to
substantially tailor or amend their Response.
Participation in any stage of the process is at the
Respondents sole risk and cost.
A.B.8
A.B.2
Lodgement
The Customer will grant extensions to the
Closing Time only in exceptional circumstances
and, if granted, will apply equally to all
Respondents. The Customer will not consider
any Responses received after the Closing Time
specified in the SFATM unless the Customer
determines, in its sole discretion that it has caused
or contributed to the failure to lodge by the Closing
Time.
The response must be lodged as set out in
Clause A.A.4 - “Lodgement Method”.
A.B.3
A.B.9
Alterations
The Customer may decline to consider a
Response in which there are alterations,
erasures, illegibility, ambiguity or incomplete
details.
A.B.10
Inconsistencies
If there is inconsistency between any of the parts
of the SFATM, the following order of precedence
shall apply:
(a) ATM – Statement of Requirement;
(b) Special Conditions of Response;
(c)
General Conditions of Response;
(d) Special Conditions of Contract (if any);
(e) Standard Form Contract Terms; and
(f)
Standard Form Contract Statement of
Requirement;
so that the provision in the higher ranked
document will prevail to the extent of the
inconsistency.
Public Consultation Draft
Reference Material
If the SFATM references any other materials,
including but not limited to, reports, plans,
drawings, samples or other reference material,
the Respondent is responsible for obtaining the
referenced material and considering it in framing
their Response.
A.B.11
A.B.5
Customer Material
The Customer will make available the Customer’s
Material (if any) specified in the “Customer
Material” section in SFATM - Statement of
Requirement.
Validity
Responses must remain open for acceptance for
60 calendar days from the Closing Time.
A.B.4
Alternatives
Respondents may submit Responses for
alternative methods of addressing the
Customer’s requirement described in the SFATM
where the option to do so was stated in the
SFATM or agreed in writing with the Customer
prior to the Closing Time. Respondents are
responsible for providing a sufficient level of
detail about the alternative solution to enable its
evaluation.
Price Basis
Prices quoted must show the GST exclusive
price, the GST component, if any, and the GST
inclusive price.
The Contract Price must be inclusive of GST and
all other taxes, duties (including any customs
duties) and any government charges imposed or
levied in Australia or overseas.
The Contract Price, which must include any and
all other charges and costs, will be the maximum
price payable by the Customer under the
Contract.
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Standard Form Approach to Market (SFATM)
A.B.12
Evaluation
A.B.16
The Customer will evaluate tenders in
accordance with the Commonwealth
Procurement Rules to determine the best value
for money outcome for the Customer. The
criteria for evaluation will encompass:
(a) the extent to which the Respondent’s
Response meets the Customer’s
requirement set out in the SFATM;
(b) the Respondent’s proven capacity to
provide the requirement; and
(c)
the total costs to be incurred by the
Customer.
Without limiting the Customer’s right to disclose
other information, for any contracts awarded, the
Customer will publicly disclose the Supplier’s
name, postal address and a range of details
about the Contract, including contract value and
the names of any subcontractors engaged in
respect of the Contract.
The Customer will notify unsuccessful
Respondents of the final decision and, if
requested, will debrief Respondents following the
award of a contract.
A.B.13
Financial information
If requested by the Customer, the Respondent
must be able to demonstrate both their financial
stability and ability to remain viable over the term
of any contract.
If requested by the Customer, the Respondent
must promptly provide the Customer with such
information or documentation as the Customer
reasonably requires in order to evaluate the
Respondents financial stability.
A.B.14
Referees
Conditions of participation
Respondents acknowledge that the Customer will
not contract with a Respondent where the
Respondent or a proposed subcontractor either:
(a)
(b)
has a judicial decision against it (excluding
decisions under appeal) relating to unpaid
employee entitlements, where the
entitlements remain unpaid; or
is not able to provide a letter of compliance
from the Workplace Gender Equality
Agency. NOTE: This requirement (b) only
applies to non-public sector employers of
100 or more employees in Australia.
Public Consultation Draft
Respondents should also note the requirements
of the Freedom of Information Act 1982.
A.B.17
Confidentiality of Tenderer
Information
In their Response, Respondents must identify
any aspects that they consider should be kept
confidential, including reasons.
Respondents should note that the Customer will
only agree to treat information as confidential in
cases that it considers appropriate. In the
absence of such an agreement, Respondents
acknowledge that the Customer has the right to
publicly disclose the information contained in
their Response.
A.B.18
The Customer reserves the right to contact the
Respondent’s referees, or any other person,
directly and without notifying the Respondent.
A.B.15
Reporting Requirements
Respondents acknowledge that the Customer is
subject to legislative and administrative
accountability and transparency requirements
including disclosure to Parliament and its
Committees.
Collusive tendering and
Unlawful Inducements
Respondents and their officers, employees,
agents and advisors must not engage in any
collusive, anti-competitive or any other similar
conduct with any other Respondent or person or
offer any unlawful inducements in relation to their
Response or the SFATM process.
A.B.19
Conflict of Interest
Respondents must notify the Customer
immediately if any actual, potential or perceived
conflict of interest arises (a perceived conflict of
interest is one in which a reasonable person
would think that the person’s judgement and/or
actions are likely to be compromised).
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Standard Form ATM - Special Conditions of Response
If any special conditions of participation are necessary, clauses are added to suit particular
requirements
A.C.1
Conditions of Participation
Internal Consultation Draft
26 July 2016
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