Commonwealth Approach to Market (ATM) - Consultancy
Commonwealth of Australia
Commonwealth ATM - Consultancy:
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 general Consultancy 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 white
text on a purple background. Where multiple options are shown, delete all options not used.
Note: If the proposed supplier is an individual rather than a company or Trust, and does not meet
the ATO’s 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 pls 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 agencies whose corporate entity is the Commonwealth.
Use Option 2 for other agencies. 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 consultancy services (Consultancy) described in this
Commonwealth Approach to Market (ATM).
Option 2
[Insert Name of Agency] (the Customer) is seeking tenders for the provision of the consultancy
services (Consultancy) 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. (insert link to Commonwealth ATM Terms)
Commonwealth Approach to Market (ATM) - Consultancy
Statement of Requirement
A.A.1
Key Events and Dates
Event
Date
Time
Drafting Note:
Below the threshold NO
Closing Time
minimum timeframe
Drafting Note:
applies.
insert
link
to
Insert time of closing and
Drafting Note:
CPR’s Refer to CPR
time zone (eg 2pm Canberra
ensure the time allowed for preparing
offers is appropriate for the requirement). clauses 10.17 – 10.23 local time).)
for minimum timeframes
[Insert time] [ACT] local time
above the threshold-.)
[Insert date]
Expected Contract execution date
[Insert date]
The Consultancy Services are required to
[Insert date]
be completed on or before
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
Contract Term
The Contract will remain in force for a period of [insert
period e.g. 6 months] from the date the Contract was
entered into.
Option B
The Contract will terminate on [insert date].
Drafting Note: Insert the details of any extension
period. If no extension period is being offered insert
Contract Extension Option (if applicable) “Not Applicable”
[insert period e.g. 3 months or “Not Applicable]
A.A.2
Mandatory Conditions of Participation
Drafting Note:
Insert only necessary mandatory conditions of participation (eg if you require the consultant to
have membership of a professional organisation or 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.
Option 1
The Customer will exclude from consideration any Response that does not meet the following
Mandatory Conditions of Participation:
[Insert conditions text]
Commonwealth Approach to Market (ATM) - Consultancy
Option 2
Not applicable
A.A.3
Requirement
Drafting Note:
Insert a full description of the consultancy services required, The information you enter here is
critical to the success of your procurement. Just remember; if you don't understand what you
want, then the supplier won't understand. 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 link to additional guidance
[Insert full description of requirement]
A.A.3(a)
Standards
Drafting Note:
Insert any applicable standards e.g. You may require the reports to be provided in a particular
structure or presentation style or to comply with the Commonwealth’s Style Manual 6th Edition. If
there are any specific requirements clearly outline those 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/policyframework/procurement-policies/principles.html#table2
If not applicable, insert ‘not applicable’ here.
[Insert any standards required]
A.A.3(b)
Security Requirements
Drafting 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, detail
your agencies’ 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. insert link to security
manual
[Insert security requirements if any]
A.A.3(c)
Workplace Health and Safety
Drafting Note:
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 click here. insert link
Prior to commencing the Consultancy, 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.
Commonwealth Approach to Market (ATM) - Consultancy
A.A.3(d)
Delivery and Acceptance
Drafting Note:
Detail how you expect the consultancy services to be delivered including the format required for
each milestone outlined below or at the end of the contract period (eg Draft report; electronically
by email in Word ; Final report: 50 bound copies Canberra.
If there are no milestones insert “not applicable”
Milestone Description
Delivery Location /
Method
Due 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 Customer
Drafting Note:
Insert facilities or assistance you will provide, if any (e.g. printing and distribution of a final report
or office space and all facilities for Supplier personnel).
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.
Insert details of any Customer Material.
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) Distribution
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
Commonwealth Approach to Market (ATM) - Consultancy
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).
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 Method
Drafting Note:
Select Option 1 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). If your agency is receiving offers through AusTender use Option 2.
Option 1
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 1(a)
Address for lodgement
or
Option 1(b)
email address:
[If you require hard copy Responses, insert Postal or
physical address for lodgement (and delete Options
1(b) and 1(c) and Option 2]
[To receive responses by email: insert email address
for lodgement (and delete Options 1(a) and 1(c) and
Option 2]
or
Option 1(c)
fax number:
[To receive responses by fax: insert fax number for
lodgement (and delete Options 1(a) and 1(b) and
Option 2]
by the Closing Time specified above.
Option 2
Electronic Lodgement
Responses must be lodged electronically via AusTender before the Response Closing Time and
in accordance with the Response lodgement procedures set out in this ATM documentation and
on AusTender.
Commonwealth Approach to Market (ATM) - Consultancy
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 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 Declarations
In 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.
A.A.6
Customer’s Contact Officer
Drafting Note:
Select Option 1 if you want to nominate a position as the Contact Officer. Select 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.
It is important that any communications from potential Suppliers are dealt with as promptly as
possible, to achieve this, it is worthwhile to consider using contact details that multiple officers
can access.
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]
Commonwealth Approach to Market (ATM) - Consultancy
ATM Special Conditions
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
Commonwealth Approach to Market (ATM) - Consultancy
Additional Contract Terms
Drafting Note: Any additional contract terms, specific to your requirement, which you will include
in your contract with suppliers, should be included here. Most Consultancy Contracts will require
an IP clause, refer to the below text.
These Contract Clauses 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 Part 5 under non-compliance in their response.
An executed contract will incorporate the Commonwealth Contract Terms and also the following
Additional Contract Terms.
Drafting Note: If your agency seeks to own, rather than use, the intellectual property, refer to
Statement of IP Principles for Australian Government Agencies. 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.
A.C.1 Intellectual Property
The Supplier grants the Customer a non-exclusive irrevocable, world-wide licence to use, sublicence, modify adapt and publish the Material for any purpose.
The Supplier warrants that it is entitled to grant this licence; and that the provision of the
Consultancy 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.