
Request for Tenders No. [..insert number..]
[..INSERT TITLE..]
Lodgement Place:
[Insert Lodgement Place – AusTender and/or
Tender Box information eg]
AusTender
www.tenders.gov.au
and/or
Tender Box
Attention: Project Manager RFT No. xxxx
Department of Veterans’ Affairs
Lovett Tower
13 Keltie Street
Woden ACT 2606
Closing Time:
[Insert time and date, eg
4.00pm ACT Local Time
Tuesday, **** 20xx
Project Manager:
Project Manager
[Insert project/tender email address]
E-mail address:
Issue Date:
Version: December 2014
[Insert date]
i
TABLE OF CONTENTS
WHAT YOU NEED TO DO:
3
TENDER REQUIREMENTS
CONDITIONS FOR PARTICIPATION
EVALUATION CRITERIA
REQUIREMENTS
TENDERER’S DECLARATION
RULES AND INFORMATION GOVERNING THIS REQUEST FOR TENDER
PROCESS
1 The Veterans' Affairs portfolio
2 Purpose and explanation
3 Evaluation criteria and requirements
4 Protective security
5 Workplace Gender Equality Act 2012 (Cth)
6 Tender Evaluation Panel
7 Tenderers to inform themselves
8 RFT enquiries
9 RFT timetable
10 Lodgement requirements
11 What to lodge
12 Effect of lodgement on tender documents
13 Clarity of tenders
14 Amendments to RFT
15 Confidentiality
16 Competitive Neutrality
17 Conflict of interest
18 DVA seeking information
19 Referees
20 Financial viability and checks
21 Tenders to remain open – offer and acceptance
22 Shortlisting
23 Negotiations
24 Acceptance of tenders
25 Substitution of tenderer
26 Collusive tendering
27 Acceptance of tenders from consortia and joint tenders
28 Publicity
29 RFT process not contractual
30 Discretions reserved
31 Probity Adviser
32 Complaints
33 Applicable law
34 Interpretation
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Version: December 2014
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WHAT YOU NEED TO DO:
 Read all the documents, including the attached draft
agreement, and consider them carefully.
 Prepare your tender in accordance with the ‘Tender
Requirements’.
 Complete and sign the ‘Tenderer’s Declaration’.
 Lodge the tender pro-forma, the Tenderer’s Declaration
and other documentation by the Closing Time.
TENDER REQUIREMENTS
Tenderers should complete the pro-forma enclosed, or a separate tender
submission, and attach any required supporting documentation.
If using an electronic document, insert your response in the box immediately below
the relevant heading or sub-heading and ensure that you are able to attach all
required supporting documentation.
If you are unable to use the pro-forma provided, the tender should be set out in the
same order and include a response to each item and sub-item as indicated in the
pro-forma.
Version: December 2014

Tender Pro-forma
*****/20xx
[Insert title of] Tender
Tenderer details
Tenderer’s legal
name:
Postal Address:
Street Address:
City/Town:
Authorised contact:
Email Address:

ABN:
ACN:
State:
P/code:
Phone:
Fax:
CONDITIONS FOR PARTICIPATION
(not satisfying a condition will exclude the tender from the process)
1
[Insert special condition clearly or delete this section including heading]
2
[Insert special condition clearly or delete this section including heading]
EVALUATION CRITERIA
The following tender requirements will be subject to evaluation.
DELETE ENTIRE SECTION INCLUDING HEADING IF RELYING ONLY ON
CONDITIONS FOR PARTICIPATION
3
[Insert requirement for evaluation – see Guide for examples]
4
[Insert requirement for evaluation]
5
Environmental considerations
DVA promotes environmental measures that lead to the reduction of waste/emissions and the better use of
resources. Indicate below what measures are to be taken in the delivery of goods and services that
may/will result in the reduction of waste/emissions and the better use of resources. A Commonwealth
Government environmental purchasing guide may be found at:
http://www.environment.gov.au/resource/sustainable-procurement-guide
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REQUIREMENTS
The following tender requirements will be used in the evaluation
process.
6
Price
Your offered price should include:

all overseas taxes and charges;

all Australian (Federal, State and Local Government) taxes and charges;

equipment costs;

transport and accommodation costs;

quality assurance costs;

staff developments costs; and

other business process costs necessary to deliver the services.
The amount of any GST included in the cost should be shown separately.
For the purposes of evaluation, DVA will take your offered price to be a best and final offer
7
Contracting entity requirements DELETE IF NOT APPLICABLE
This requirement applies only if the tenderer is an individual.
The tenderer must provide the requested services through a company, trust, partnership, or association.
The contract fees payable for the services are based on the premise that they are being paid to a nonindividual, eg, a company, trustee, partnership, or association.
If you are an individual, state the name of the company, trust, partnership or association through
which you will provide services, or, state if you are willing to satisfy this condition before signing an
agreement.
If a non-individual, insert ‘Not applicable’, ‘NA’ under this heading or leave blank.
8
Compliance with the draft agreement
Unless you indicate non-acceptance of any part or clause in your response, you will be taken to accept the
part or clause of the attached draft agreement.
A proposed variation may be advantageous, disadvantageous or neutral for DVA and will be considered
in the evaluation of your tender. Innovative approaches to the delivery of services are encouraged.
If you have current insurance cover that differs from the requirements set out in the draft agreement at
clause 22, describe your current insurance cover under this section. The preferred tenderer will also be
required to accept responsibility for ensuring that subcontractors maintain appropriate insurance.
Note: Tenderers must provide copies of certificates of currency and details of limits on cover on request
or before signing an agreement.
List the part or clause of the draft agreement that you do not accept and, in relation to each, state the
reason for not accepting it and suggest an alternative wording or proposal.
Version December 2014
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Part/clause
Reason and alternative clause/s
Note: Please note that a preferred tenderer will need to maintain this position during the drafting of a
formal agreement. Varying from this position may be a reason for discontinuing negotiations and moving
to another tenderer.
9
Tenderer’s declaration
Complete, sign and lodge the ‘Tenderer’s Declaration’ included in this RFT or a form with the same
content.
OR
If you are required to lodge the tender electronically, you are required to complete the ‘Tenderer’s
Declaration’ and either:
(i) include a scanned signed copy with the electronic submission, or
(ii) address the signed paper original to the Project Manager and either hand delivers it to the Tender
Box or send it through the mail as a postal article for placement in the Tender Box at the address:
Tender Box
Attention: Project Manager RFT No. xxxx
Department of Veterans’ Affairs
Lovett Tower
13 Keltie Street
Woden ACT 2606
The Tenderer’s Declaration must be received prior to the Closing Time.
Version December 2014
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REQUEST FOR TENDER No. *** **/20xx
TENDERER’S DECLARATION
I, [insert name and address of the person making the declaration]
………………………………………………………………………………………..… [if
applicable] a director/trustee/partner of [entity name]
…………………………………………………………………, do declare as follows:
a)
b)
c)
d)
e)
f)
g)
h)
(i)
[if applicable] that I have the necessary authority on behalf of [Tenderer's name]
…………………………….. to make this declaration;
that to the best of my knowledge and belief, the information provided in the tender is true
and correct;
that the terms and conditions of this tender are understood and accepted;
that, to the best of my information, knowledge and belief, the tender to which this
declaration is appended has not been prepared with the benefit of:
(i)
information obtained from a current or former officer or employee or contractors
of the Commonwealth in circumstances that constitute a breach of an obligation
of confidentiality or fidelity on the part of that person or a breach of section 70 of
the Crimes Act 1914, or the Public Service Act 1999; or
(ii)
information otherwise improperly obtained from the Commonwealth;
that the tenderer, its personnel, or entities related to the tenderer have not attempted and
will not attempt, to influence improperly any employee or contractor of the
Commonwealth in connection with the assessment of tenders;
that the tenderer is financially viable to provide the required services for the term of the
agreement; and
that to the best of my knowledge and belief, there is no conflict of interest in lodging this
tender or anticipated before the completion of the RFT process;
in relation to the Workplace Gender Equality Act 2012 (Cth), the Tenderer declares:
[NOTE TO TENDERERS: Strike through whichever options do not apply.]
(i) Yes, I am a relevant employer. I have attached a current letter of compliance as part
of this submission which indicates my compliance with the Workplace Gender
Equality Act 2012 (Cth).
(ii) Yes, I am a relevant employer. I will be providing a current letter of compliance
prior to contract.
(iii) Yes, I am a relevant employer. I am not obliged to provide a letter of compliance
for this tender. [NOTE: Delete this wording from template where the
procurement is valued at $80,000 or above, or for all Deed of Standing Offer
arrangements]
(iv) No, I am not a relevant employer.
that the tenderer has not had a judicial decision against them (not including decisions
under appeal) relating to employee entitlements and have not paid the claim.
................................................................
[Signature of person making declaration]
Date............………………….
Version December 2014
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RULES AND INFORMATION GOVERNING
THIS REQUEST FOR TENDER PROCESS
1
The Veterans' Affairs portfolio
The Australian Government’s Veterans’ Affairs portfolio comprises a number of agencies responsible for
carrying out government policy and implementing programs to fulfil Australia’s obligations to war
veterans and their dependants. These include the Repatriation Commission, the Military Rehabilitation
and Compensation Commission and the Department of Veterans’ Affairs (collectively called ‘DVA’).
Amongst other things, the Department assists both Commissions in discharging their statutory
responsibilities.
Further information is available about these agencies and this work at http://www.dva.gov.au.
2
Purpose and explanation
[Insert purpose of RFT and provide background information that will be useful to the tenderer in
preparing the submission.
Details of services, deliverables, standards and other contractual details should be included in the
agreement as this links with ‘Compliance with the draft agreement’ above.]
Examples of matters that could be covered include:

Type and term of agreement.

Locations of current services.

Demographic data of distribution of entitled persons.

Statistical data about current levels of services.

Problem to be solved not the solution so as to encourage creativity and innovation.
3
Evaluation criteria and requirements
DVA will evaluate tenders against the following criteria
No
1
2
3
4
5
Criteria
Insert criteria. These should match the tender requirements in form or
substance except for conditions for participation.
Weighting
[eg, Very High,
High, Medium
or Low]
Use of environmental measures
High
The following requirements will be used in the evaluation process
No
1
Requirements
Pricing –Prices offered will be assessed in conjunction with tenderer’s
evaluation according to the above criteria to enable selection based on value
for money.
2
3
Compliance with draft agreement
Completion and lodgement of Tenderer’s Declaration
Version December 2014
Importance
[e.g., Very
High, High,
Medium or
Low]
Yes/No
8
The selection of a preferred tenderer will be based on the most efficient and effective outcome for DVA.
This involves assessing value for money and quality of service against this Request for Tender (RFT) and
the policies included in the Commonwealth Procurement Rules available through the Internet site of the
Australian Government Department of Finance:
http://www.finance.gov.au/procurement/procurement-policy-and-guidance/commonwealth-procurementrules/index.html
4
Protective security
Any resulting agreement will be subject to the Commonwealth Protective Security Policy Framework that
is publicly available at http://www.protectivesecurity.gov.au.
5
(a)
(b)
(c)
(d)
6
Workplace Gender Equality Act 2012 (Cth)
Tenderers should note that Commonwealth policy prevents the Commonwealth from entering into
an agreement with a Tenderer who is non-compliant under the Workplace Gender Equality Act
2012 (Cth) (the WGE Act). Your organisation is covered by the WGE Act if it is a ‘relevant
employer’, defined as being a non-public sector employer (including higher education institutions,
trade unions and not-for-profit organisations) of 100 or more employees in Australia. For
information about the coverage of the WGE Act, contact the Workplace Gender Equality Agency
on (02) 9432 7000 or visit www.wgea.gov.au.
The draft agreement requires that, in performing any agreement, a successful Tenderer must:
(i) comply with its obligations, if any, under the WGE Act; and
(ii) if the term of the agreement exceeds 18 month, the successful Tenderer must provide a
current letter of compliance within 18 months from the agreement commencement date and
following this, annually to the DVA Delegate or DVA Contract Manager.
Successful Tenderers should note that if during the term of the agreement, the contractor becomes
non-compliant with the WGE ACT, the contractor must notify the DVA Delegate or DVA Contract
Manager.
Tenderers must indicate in the above Tenderer’s Declaration whether or not the organisation is a
‘relevant employer’ under the WGE Act and, if applicable, provide a current letter of compliance as
part of their tender response, or prior to entering into an agreement.
Tender Evaluation Panel
A Tender Evaluation Panel (TEP) will evaluate submissions in response to this RFT. The TEP will
provide recommendations to the DVA Delegate, who is authorised to finalise a formal agreement for the
provision of the required services.
7
Tenderers to inform themselves
The onus is on a tenderer to understand the contents of this RFT and the implications of being involved in
the RFT process.
DVA will not accept responsibility for any misunderstanding arising from a tenderer's failure to comply
with the RFT, including the RFT rules, or any issues arising from ambiguity contained in any resulting
tender.
The tenderer should ensure, and DVA accepts any tender on the condition, that the tenderer has:
(a) examined this RFT and any other information made available (in writing or electronically) by DVA
to the tenderer for the purpose of preparing a tender;
(b) examined all further information which is obtainable through making reasonable enquiries
(including via AusTender) regarding relevant risks, contingencies and other circumstances that may
affect their tender;
(c) satisfied itself as to the correctness and sufficiency of the tender;
(d) satisfied itself to the nature and effect of any laws regulating the provision of the services; and
Version December 2014
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(e)
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involved itself in this tender process entirely at its own expense and without any costs being
payable by DVA unless there is a specific agreement signed by a DVA authorised officer detailing
the relevant costs or expenses.
RFT enquiries
All questions about this RFT must be submitted by e-mail to the Project Manager, at the address shown
on the RFT Cover Sheet, up to 5 clear business days prior to the tender Closing Time.
Approaches, direct or indirect, made to other DVA employees or contractors for information
relevant to this RFT are prohibited and may be considered as grounds for exclusion from this RFT
process.
DVA will publish all tenderers’ questions of substance and answers affecting this RFT on AusTender.
The final release of answers to questions lodged will take place on the date identified in RFT timetable
below.
9
RFT timetable
Note that the last 3 dates are indicative only.
Activity/Event
AusTender advertisement
Date
[Insert date]
Deadline for submission of questions
Final release of answers to questions
Closing Time
Agreement signed
Tenderers notified of outcome
Unsuccessful tenderers debriefed
[Insert date]
[Insert date]
[Insert date]
[Insert date]
[Insert date]
[Insert date]
10
Lodgement requirements
Tenders must arrive at the lodgement place before the tender Closing Time as shown on the RFT Cover
Sheet.
[FOR HARDCOPY LODGEMENTS ONLY]]
Tenders may be hand delivered to the tender box or sent through the mail as postal articles for placement
in the tender box at the address set out on the RFT Cover Sheet.
Tenders and tender material lodged in hardcopy form, received late and assessed as late, will be returned
to the tenderer.
OR
[FOR ELECTRONIC LODGEMENTS ONLY]]
Tenders must be lodged electronically via the Australian Government Tender System, AusTender, at
https://www.tenders.gov.au in accordance with the tender lodgement procedures set out on the RFT Cover
Sheet and on AusTender.
AusTender
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 RFT process, Tenderers must read
and 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.
Non-observance of these terms may result in failure to successfully lodge documents on AusTender.
Version December 2014
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If there is any inconsistency between the terms on the AusTender website and the rules in this RFT, the
RFT rules shall prevail.
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).
Tender Closing Time and Date
Tenders must be lodged before the Closing Time set out on the RFT Cover Sheet 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).
Tenders lodged with AusTender will be taken to have been lodged at the date and time shown on the
official receipt provided by AusTender. Only those documents for which you have an AusTender receipt
will be evaluated.
If a tender consists of multiple uploads, due to the number of files or file size, transmission of all files
must be completed before the Closing Time.
Ensure that files to be uploaded are closed before attempting to submit a tender.
Tender File Formats, Naming Conventions and Sizes
DVA will accept tenders lodged in Microsoft Word, Microsoft Excel or PDF format.
All files lodged with AusTender should contain a common prefix at the start of the file name [up to 20
characters] which would enable identification of the files relating to the same tender/er, eg, ABCXX
tender.doc, ABCXX pricing.xls, ABCXX Attach A, ABCXX Stat Dec.pdf or identified numerically, eg,
ABC 1, ABC 2 etc.
Tender files should not exceed a combined file size of 5 megabytes per upload.
Scanned or Imaged Material, including Tenderer’s Declarations
Scanned images of signed and/or initialled pages within the tender, including Tenderer’s Declarations and
Deeds of Confidentiality, where they are required, are permitted, but be mindful of the recommended total
file size limit of 5 megabyte.
Note: Under the Commonwealth Procurement Rules, DVA is unable to accept any tenders that are
received late, except where the delay is solely due to mishandling by the Commonwealth.
As delays in the delivery of articles, or technological problems, can occur, tenderers should allow
sufficient time to ensure tenders arrive at the lodgement place before the Closing Time.
Lodgement of tenders by fax, e-mail, post or to any DVA location will not be accepted.
11
What to lodge
Please lodge [OR an original of ‘and xx copies of’ and include the last 1/2 paragraphs]:
(a) a completed tender pro-forma;
(b) a completed and signed Tenderer’s Declaration; and
(c) any documents required to be lodged with the tender.
The tender should contain all the information required by this RFT and must be completely selfcontained. No hyperlinked or other material may be incorporated by reference. eg, hyperlinked
Version December 2014
11
information as the response or a part of the response. However, hyperlinked information may be copied
into the response.
[FOR HARDCOPY LODGEMENTS ONLY] Tenderers are also to lodge an electronic copy of the whole
tender on CD compatible with Microsoft format.
The original version will prevail over all other copies if any discrepancy appears.
12
Effect of lodgement on tender documents
All tender documents will become the property of DVA upon lodgement.
Upon lodgement, a tenderer grants to DVA a permanent, irrevocable, royalty-free licence to use,
reproduce and adapt any tender (including supporting material) for any purpose related to this RFT.
13
Clarity of tenders
Tenderers should ensure that tenders are written in English [and FOR HARDCOPY LODGEMENTS ONLY
add] and be legible. You should sign in ink any alterations or erasures made on a tender.
14
Amendments to RFT
Amendments to the AusTender notice and this RFT will be made available to all prospective tenderers
known at the time of an amendment in the same way as they received the request documentation.
15
Confidentiality
DVA will treat tender and post-tender information as confidential subject to the Freedom of Information
Act 1982 and the Privacy Act 1988. This information does not include the name of the contractor, the
value of the contract and other details that are required to be reported on AusTender.
DVA’s obligation to keep confidential information provided by the tenderer will not be taken to have
been breached to the extent that the information:
(a) is disclosed by DVA to its advisers, officers, employees or contractors in order to conduct the RFT
process, including the preparation of any resultant agreement;
(b) is disclosed to DVA’s internal management personnel, solely to enable effective management or
auditing of the RFT process; or
(c) is otherwise accepted under DVA’s accountability and confidentiality provisions, set out in clauses
13 and 15 of the draft agreement.
16
Competitive Neutrality
If you are a government or a quasi-government agency subject to competitive neutrality principles (as
established by National Competition policy), then please provide a statement that you have complied with
these policies in preparing your Tender. You can obtain further information from the following site:
http://www.finance.gov.au/publications/finance-circulars/2004/docs/CN_Guidelines_26_Feb_2004.rtf
(Commonwealth Competitive Neutrality Guidelines for Managers).
17
Conflict of interest
Tenderers or any of their related entities must not place themselves in a position that may, or does, create
a conflict of interest concerning the tender.
A conflict of interest would arise if the tenderer or any of its related entities:
(a) has a relationship with any DVA personnel involved in the RFT process; or
(b) has a relationship, or an obligation to, another entity that would affect the performance of the
contract or bring disrepute to or embarrass DVA.
Version December 2014
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If a conflict of interest arises at any time during the RFT process, the tenderers are to immediately notify
the Project Manager in writing. In the event of a conflict of interest, DVA may, in its absolute discretion:
(a) enter into discussions to seek to resolve such conflict of interest; or
(b) reject the tender lodged by such a tenderer; or
(c) take any other action it considers appropriate.
18
DVA seeking information
When evaluating tenders under this RFT, DVA may consider any other relevant information,
including from nominated referees, and any prior knowledge DVA has of performance in the same
or related fields of work.
DVA will generally contact a tenderer to comment on information that DVA believes may have a material
effect on the evaluation process and where it seems fair to seek the tenderer’s views on that information.
Generally, DVA will be at liberty to disclose the source of that information. DVA is under no obligation
to check all possible information or disclose sources of information. Furthermore, DVA is under no
obligation to take into account additional information provided by a tenderer in response to a request by
DVA where to do so would introduce unfairness to the RFT process.
Where DVA directs specific questions to a tenderer during the evaluation process, a reasonable response
will be required within five (5) business days.
In seeking this type of information, DVA will not delay the evaluation process because of late responses.
Accordingly, where answers to specific queries are not provided by the due date and time, DVA may base
the evaluation on the original information provided in the tender.
19
Referees
Drafting tip: There are at least 4 options – please see guide.
20
Financial viability and checks
Tenderers should ensure that they, and any subcontractor who will actually be delivering the services, are
financially viable to provide the services for the term of the agreement.
Tenderers acknowledge that DVA may obtain financial, corporate, credit, security or police checks on a
tenderer, its personnel, subcontractors or related entities and that the tenderer may need to provide
information in order for the appropriate checks to be made. DVA may also request that a parent company
(or similar related entity) guarantee a tenderer before DVA agrees to offer or to enter into a formal
agreement.
21
Tenders to remain open – offer and acceptance
The tenderer, on submitting a tender, makes the representation that it remains open for formal acceptance
for a period of 6 months from the Closing Time.
22
Shortlisting
DVA reserves the right absolutely to make a shortlist of any tenderers based on the evaluation criteria and
seek further information (including a formal presentation in support of their tender and/or a demonstration
of their proposed solution) from those tenderers or anyone else and use this information for the evaluation
of the tenders before choosing a preferred tenderer/s.
23
Negotiations
DVA reserves the right to enter negotiations with any preferred tenderers.
Version December 2014
13
For example, negotiations may be important to ensure that the parties share the same understanding of the
outcomes and that tendered prices are fair, reasonable and comparable.
DVA reserves the right to terminate negotiations with any tenderer and commence negotiations with any
other tenderer, at any time. In particular, DVA may put aside a tender and consider other tenders in
circumstances where, during the negotiations, the tenderer seeks to vary the terms of its tender, including,
without limitations, price or its stated compliance with the draft agreement.
DVA will not be liable for any losses, costs or expenses incurred by any tenderer arising from a decision
by DVA to terminate negotiations with any tenderer.
24
Acceptance of tenders
DVA will assess tenders only on the basis of the evaluation criteria set out in this RFT. Tenderers will be
notified if their tender is not accepted.
Acceptance of a tender will occur by the execution of a formal agreement between DVA and a preferred
tenderer.
Notification from DVA to any tenderer that it is selected as a preferred or non-preferred tenderer will not
constitute an acceptance or rejection of any tender.
DVA reserves the right to ask separate tenderers to work together, where each has skills or approaches
that might produce better results through a combined approach.
DVA will, on request, provide a debriefing to any tenderer in a form and time-frame decided by DVA.
Tenderers will be debriefed only against the evaluation criteria set out in this RFT. A tenderer will not be
provided with information concerning other tenders, except for publicly available information. No
comparisons with other tenders will be provided.
25
Substitution of tenderer
If there is a reason to substitute the tenderer before executing a formal agreement, DVA has discretion
whether or not to proceed with the tender.
26
Collusive tendering
Tenderers and their personnel must not engage in any collusive bidding, anti-competitive conduct or
similar conduct with any other tenderer or other person in preparing or lodging a tender.
However, tenderers may submit a tender as a formal joint venture.
27
Acceptance of tenders from consortia and joint tenders
A tender submitted by a consortium will only be considered if the consortium contracts with DVA as a
single separate legal entity and the tender clearly specifies the details of all members of the consortium. A
single point of contact for the consortium must be specified for negotiation and contract management
matters.
DVA reserves the right, at its complete discretion, to accept or reject a joint tender submitted on the basis
that two or more organisations will be jointly and severally liable.
28
Publicity
The preferred tenderer may not make press or other media announcements or releases relating to this RFT
including the draft agreement without DVA’s written approval.
Version December 2014
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29
RFT process not contractual
Nothing in this RFT, its process or the submission of any tender shall be construed as to give rise to
contractual obligations, express or implied.
30
Discretions reserved
In addition to discretions mentioned elsewhere, DVA reserves the right to:
(a) cease to proceed with the process outlined in this RFT when in the public interest, including a
change of government;
(b) suspend or vary the structure or timing of the process or any part of it;
(c) add to or amend the information, terms, procedures or processes set out in this RFT;
(d) cease evaluating a tender where it fails to meet threshold requirements;
(e) seek amended tenders on a non-discriminatory basis;
(f)
cease evaluating a tender compiled with the improper assistance of employees or ex-employees or
contractors or ex-contractors of the Commonwealth, or compiled using unlawfully or improperly
obtained Commonwealth information; and
(g) exclude from evaluation any tender where the tenderer has engaged in misleading or deceptive
conduct, including making false or incorrect declarations, statements or representations, during this
RFT process.
The Commonwealth is currently considering centralising the procurement of certain goods and services to
Commonwealth entities where this is likely to result in savings to the Commonwealth. If a
Commonwealth decision on centralised procurement affects this RFT process, DVA reserves the right to
modify or discontinue the process including not awarding or executing a contract to a successful tenderer.
Also, the Commonwealth reserves the right not to enter into an agreement with a preferred tenderer who
has not satisfied preconditions to entering into the agreement, including compliance with the Fair Work
Act 2009 and the Workplace Gender Equality Act 2012 (Cth).
31
Probity Adviser
The Probity Adviser for this RFT is [Name] who can be contacted by e-mail at [e-mail address].
All concerns regarding the probity of this RFT should be directed to the Probity Adviser.
32
Complaints
Complaints regarding this RFT process should be directed in the first instance to the Probity Adviser.
OR
Information regarding DVA’s formal complaints policy and procedure arrangements is available from the
Project Manager.
The initiation of a complaint process by a tenderer will not prejudice the tenderer’s participation in this
RFT, nor in future DVA procurement processes.
33
Applicable law
The governing law of the Australian Capital Territory applies to this RFT. The courts of the Australian
Capital Territory have non-exclusive jurisdiction to decide any matter arising out of this RFT.
34
Interpretation
Unless the contrary intention appears, this RFT is subject to the interpretation rules and defined terms
contained in the draft agreement attached.
Version December 2014
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