Commonwealth Approach to Market (ATM) – Services
Commonwealth of Australia
Commonwealth ATM – 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 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 services (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 services
(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.
Sunday, 13 March 2016
Page 1 of 9
Commonwealth Approach to Market (ATM) – Services
Statement of Requirement
A.A.1
Key Events and Dates
Event
Date
Drafting Note:
Below the threshold NO minimum
Closing Time
timeframe applies. Refer to CPR
Drafting Note:
Clauses 10.17 – 10.23 for minimum
Ensure the time allowed timeframes above the threshold.
for preparing Responses
http://www.finance.gov.au/procureme
is appropriate for the
nt/procurement-policy-andrequirement.
guidance/commonwealthprocurement-rules/
Time
Drafting Note:
Insert time of closing and time
zone (eg 2:00pm Canberra local
time).
[Insert time] [ACT] local time
[Insert date]
Expected Contract
Execution Date
[Insert date]
The Services are
required to be
[Insert date]
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 option not
used.
Option A
Contract Term
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)
A.A.2
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”]
Mandatory Conditions of Participation
Drafting 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.
Option 1
The Customer will exclude from consideration any Response that does not meet the following
Mandatory Conditions of Participation:
Sunday, 13 March 2016
Page 2 of 9
Commonwealth Approach to Market (ATM) – Services
[Insert conditions text]
Option 2
Not Applicable
A.A.3
Requirement
Drafting Note:
Insert a full description of the 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/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 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:
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/OHandSActsR
egulationsandCodesofPractice.aspx
Sunday, 13 March 2016
Page 3 of 9
Commonwealth Approach to Market (ATM) – Services
Prior to commencing the 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:
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 Draft report
electronically by email in Word; Final report xx bound copies to Contract Manager’s address.)
Include details here if you have special instructions for the delivery and acceptance of the
Services.
If there are no milestones insert “Not Applicable”.
[Insert any delivery and acceptance instructions here]
Milestone Description
[description]
Delivery Location
[location]
Due Date
[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 (eg office space and all facilities for Supplier
personnel in your agency’s offices).
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.
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
Drafting 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
Sunday, 13 March 2016
Page 4 of 9
Commonwealth Approach to Market (ATM) – Services
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 Method
Drafting 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 Lodgement
Responses 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.
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 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
Sunday, 13 March 2016
Page 5 of 9
Commonwealth Approach to Market (ATM) – Services

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.
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:
or
Option 2(b)
Email address:
[If you require hard copy Responses, insert postal or
physical address for lodgement (and delete Option 1
and 2(b) and 2(c)]
[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 Officer
Drafting 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.
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
Sunday, 13 March 2016
Page 6 of 9
Commonwealth Approach to Market (ATM) – Services
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]
Sunday, 13 March 2016
Page 7 of 9
Commonwealth Approach to Market (ATM) – 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]
Sunday, 13 March 2016
Page 8 of 9
Commonwealth Approach to Market (ATM) – Services
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.
Many (but not all) 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/AustralianGovernmentIPr
ules.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 Property
The 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 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]
Sunday, 13 March 2016
Page 9 of 9