CCS Deed of Standing Offer - Department of Finance - Deed of Sta… · Web viewCCS - Deed of Standing Offer Terms ... This Deed will terminate on 1/01/1999, ... The Customer will

Approach to Market – Standing Offer – Goods and Services

Commonwealth of Australia

Approach to Market - Standing Offer - Goods and ServicesReference No: 123456789

This ATM is for the provision of: Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit

The Commonwealth as represented by The Department of Xxxxxx Xxxxxx (the Customer) is seeking tenders to establish a panel of potential Suppliers for the provision of the goods and services (Goods and Services) described in this ATM.

This Deed is entered into by the Panel Owner and may also be accessed by all Commonwealth entities and Commonwealth companies in the same portfolio as the Panel Owner.

Information about agencies in each Portfolio is available at Government Directories.

In submitting a response, Potential Suppliers are required to comply with all requirements set out in both the:

Commonwealth Approach to Market Terms , and Commonwealth Contract Terms

Reference No: 123456789 Page 1 of 47

http://www.finance.gov.au/sites/default/files/Contract%20Terms%20v1_0.pdf

http://www.finance.gov.au/sites/default/files/ATM%20Terms%20v1_0.pdf

http://www.directory.gov.au/


Statement of Requirement

A.A.1 Key Dates and Times

Event Date Time Location

Closing Time: 1/01/1999 14:00 ACT

Expected Deed execution date:

1/01/1999

Deed Term: This Deed will terminate on 1/01/1999, unless extended.

Deed Extension Option: The Contract may be extended for a period of 2 x 12 months.

A.A.2 Mandatory Conditions of ParticipationThe Customer will exclude from consideration any Response that does not meet the following Mandatory Conditions of Participation: Morbi suscipit, arcu ut tincidunt rhoncus, sapien nisi ultrices est, et luctus sem odio a purus. Nulla facilisi. Phasellus quis condimentum neque. Maecenas efficitur orci eget nibh pretium gravida. Vestibulum lobortis porttitor efficitur. Nunc viverra tortor nec dolor elementum viverra. Suspendisse non lacinia nunc. Suspendisse sollicitudin nunc vel purus iaculis bibendum. Mauris vel sollicitudin nulla, ac fringilla metus. Nullam eget placerat sapien. Morbi non eros sodales, pulvinar metus et, luctus tortor. Aliquam elementum nulla vel ultricies placerat. Aliquam erat volutpat.

A.A.3 The Requirement

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Maecenas eu velit sit amet ipsum euismod hendrerit. Donec in metus feugiat, rutrum metus at, pretium nunc. Proin suscipit elit sed tortor pharetra consectetur. Maecenas sit amet purus ac risus facilisis feugiat eget ac arcu. Pellentesque commodo ante orci, id porta ex commodo quis. Nam nec rutrum risus, at dictum ex. Morbi venenatis tellus ligula, sed commodo magna bibendum id. Mauris sit amet urna tempus, vehicula ipsum non, vehicula velit. Nullam laoreet nisl non rhoncus placerat. Nullam bibendum mollis sem quis tincidunt. Nulla consectetur luctus aliquet. Nullam rhoncus gravida urna quis sodales. Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Mauris lobortis faucibus ipsum, id tristique metus vestibulum id. Maecenas volutpat elit metus, quis volutpat augue porta vitae. Aliquam bibendum dolor ligula, sit amet ornare nibh tincidunt id.

Suspendisse non lacinia nunc Nulla facilisi Aliquam elementum nulla vel ultricies placerat

Nunc ut tristique lorem. Maecenas tincidunt est in justo egestas, nec hendrerit erat viverra. Sed a posuere diam. Ut efficitur iaculis consequat. Curabitur at leo eget enim accumsan pharetra. Quisque dapibus mattis aliquet. Cras ut dapibus magna. Donec tempor lorem dolor, vehicula semper sem congue at. Vivamus nec cursus leo. Duis fermentum placerat turpis ut luctus. Proin egestas eu felis quis dictum. Maecenas feugiat, ante sit amet hendrerit gravida, turpis velit porta nisl, sed luctus libero turpis sed ex. Pellentesque orci massa, iaculis a risus id, vestibulum ullamcorper odio. Mauris bibendum suscipit molestie. Aliquam sed quam accumsan, rutrum nisl vel, placerat sem. Nulla feugiat convallis sem.Cras finibus egestas neque et pretium. Nunc sed venenatis justo, non faucibus libero. Duis eget mauris blandit, ultrices est in, consectetur ipsum. Suspendisse eget fringilla magna. Vestibulum varius at urna nec suscipit. Integer auctor velit sem, at ornare enim tincidunt sit amet. Praesent



auctor condimentum libero a accumsan. Mauris tincidunt interdum lorem, a semper eros pharetra id. Sed vel porta purus. Proin dignissim nunc eget nulla auctor, in volutpat diam maximus. Sed consectetur purus tortor, elementum eleifend libero rhoncus ac. Morbi varius odio risus, a dictum dui tincidunt vel. Suspendisse nec massa eleifend erat mattis egestas. Proin lacinia dui non scelerisque fringilla. Nunc pellentesque posuere elit ac consequat.Curabitur consequat, lectus blandit tempus feugiat, urna dolor varius justo, pharetra porta nisl lorem ac erat. Phasellus auctor ac ipsum nec imperdiet. Nullam euismod felis a tellus elementum pretium. Sed ornare eros vitae justo hendrerit efficitur nec at massa. Ut sed eros ex. Duis est arcu, sagittis in massa vitae, ultrices malesuada elit. Etiam id consequat felis.Aenean lobortis semper blandit. Quisque consectetur semper tempor. Ut ullamcorper gravida dolor. In vel sem nec augue maximus lacinia. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Sed in pharetra orci. Sed iaculis quis sapien eu vehicula. Aliquam vel orci at tellus consequat venenatis. Praesent nec erat condimentum, tincidunt ante non, luctus felis.Etiam quis nisi volutpat, hendrerit diam vel, finibus odio. Aliquam quis velit sit amet dolor luctus aliquet. Etiam condimentum, velit sed porta iaculis, ligula nisl gravida arcu, et elementum ex dolor ut nisi. Integer quis nisl vel ligula porttitor tempor. Aenean tempor et dolor sed elementum. Nunc auctor libero eu massa iaculis, in laoreet quam hendrerit. Proin pharetra elit turpis, eget commodo arcu dapibus ultricies. Morbi semper metus vel auctor facilisis. Sed egestas malesuada semper. Fusce commodo felis nec libero viverra posuere. Vivamus bibendum fringilla ex, ut commodo velit cursus sed. Fusce at nunc quis mauris consequat porttitor. Donec interdum lacus eget lacus sollicitudin, sed tristique tellus aliquet. Nunc sed nisi tristique, accumsan justo ac, fermentum orci.

A.A.3 (a) StandardsPhasellus vel aliquet risus. Suspendisse sollicitudin orci est, facilisis facilisis massa aliquam eget. Aliquam eleifend blandit porttitor. Ut vitae massa lectus. Vestibulum lobortis elit enim, nec mattis risus efficitur ornare. Pellentesque lorem risus, euismod in ullamcorper vel, laoreet ac nisi. Cras sed nisl ac augue auctor lacinia non eget velit. Suspendisse non ex quis mauris facilisis vehicula nec at felis. Donec quam magna, congue vel massa in, semper feugiat nisl. Nulla nec tortor interdum, consectetur dui eget, aliquet orci. Nulla tempus fringilla orci eu mattis.

A.A.3 (b) Security RequirementsSed in venenatis metus, et faucibus magna. Nullam condimentum fermentum sem, eu blandit eros finibus vel. Mauris mollis sed felis sit amet tempor. Vivamus eu lectus nisi. Praesent a metus vel libero gravida condimentum sit amet a ex. Nullam tincidunt massa pellentesque risus sollicitudin, viverra rhoncus velit dignissim. Praesent vel sapien vel libero viverra pellentesque ac non enim. Nam eu tincidunt risus.

A.A.3 (c) Workplace Health and Safety Prior to issuing and Order for the 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 relevant to that Order and assign management of each issue identified to the party best able to manage it.

A.A.3 (d) Delivery and Acceptance

Item/Description Delivery Address ContactVivamus ullamcorper venenatis vestibulum.

111 Nulla vitae libero aliquet, interdum dolor sit amet, tristique urna. Sed congue maximus aliquet

Donec Quam

Suspendisse eget bibendum diam 111 Nulla vitae libero aliquet, interdum dolor sit amet, tristique urna. Sed congue maximus aliquet

Donec Quam



Aliquam erat volutpat 111 Nulla vitae libero aliquet, interdum dolor sit amet, tristique urna. Sed congue maximus aliquet

Donec Quam

Service Description Delivery Location/Method ContactInteger ut laoreet magna. Aliquam porttitor at diam vel finibus.

Nunc elit augue, volutpat sed leo at, aliquam tempor risus.

Nullam Porttitor

Phasellus tellus orci, feugiat sed tempor eget, posuere non arcu.

Sed ut accumsan ante, sed venenatis lacus. Quisque accumsan consectetur magna id posuere. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus.

Nullam Porttitor

Delivery and Acceptance – Additional InstructionsInteger venenatis, nibh quis rhoncus condimentum, nunc erat porttitor lorem, vitae malesuada urna magna ac nibh. In massa augue, imperdiet non sapien ac, ultricies sagittis dolor. Pellentesque viverra interdum convallis. Maecenas et egestas mauris. Donec eget auctor libero. Aliquam ut quam non tortor aliquam convallis. Aliquam auctor, mi in scelerisque gravida, odio libero sodales leo, id gravida quam lectus ut neque. Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Pellentesque ut laoreet eros. Vestibulum sit amet velit laoreet, consectetur dolor non, blandit odio. Curabitur consectetur sagittis est. Sed faucibus quam felis, id commodo augue rutrum aliquet.

A.A.3 (e) Facilities and assistance offered by the CustomerNone Offered

A.A.3 (f) Customer MaterialIn hac habitasse platea dictumst. Suspendisse sed nunc nec massa ornare sollicitudin. Etiam posuere felis nec ante efficitur pretium. Vivamus ex tellus, blandit eget felis quis, efficitur malesuada odio. Integer eu viverra dolor. Cras eu semper elit. Mauris at sem in ex ultrices commodo. Nulla dapibus ipsum at lectus condimentum ornare. Phasellus tellus orci, feugiat sed tempor eget, posuere non arcu.

A.A.4 Approach to Market (ATM) DistributionDistribution via AusTenderThis ATM and any updates will be distributed via AusTender and is 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 Approach to Market (ATM) process, Tenderers must comply with those terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on AusTender.

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

AusTender Help DeskTelephone: 1300 651 698International: +61 2 6215 1558Email: [email protected]

The AusTender Help Desk is available between 9am and 5pm ACT Local Time, Monday to Friday


https://www.tenders.gov.au/?event=public.termsOfUse


(excluding ACT and national public holidays).

A.A.5 Lodgement Method

AusTenderResponses 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 ATM 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 tender response has been lodged before the Closing Time, the countdown clock will be conclusive.

Response File Formats, Naming Conventions and SizesThe Customer will accept Responses lodged in Word Doc (.docx) Excel Workbook (.xlsx) PDF (.pdf).

The Response file name/s:a. should incorporate the Potential Supplier's full legal entity name; andb. should reflect the various parts of the bid they represent, where the Response comprises

multiple files.

Response files should/must not exceed a combined file size of 10 megabytes per upload.

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

A.A.6 Customer's Contact OfficerFor all matters relating to this ATM, the Customer’s Contact Officer will be:

Name: Blandit Nequ

Telephone: 00 1234 5678

Email: [email protected]



Additional Deed Terms

An executed Deed will incorporate the Commonwealth Standing Offer Deed Terms and also the following Additional Deed Terms (if any)

D.B.1 Additional Deed Terms

No Additional Deed Terms

C.B.1 Intellectual PropertyThe Supplier grants the Customer a fee free, non-exclusive, irrevocable, world-wide licence to exercise the intellectual property rights in the Material provided under the Contract for any purpose. The licence granted to the Customer under this clause includes a right to sub-licence those rights, 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/or 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.

C.B.2 Interest on Late PaymentsIf the Customer fails to make a payment to the Supplier by the business day it is due and the amount of interest payable under this clause exceeds $10, the Customer will pay the unpaid amount plus interest on the amount.Interest payable under this clause will be simple interest calculated in respect of each calendar day from the day after the amount was due and payable, up to and including the day that the Customer effects payment, calculated using the General Interest Charge Rate formula available at the Australian Taxation Office website

C.B.3 Additional Contract TermsNo Additional Contract Terms






Response to Approach to Market - Goods and Services

Before completing this form read the information below:Note:

The Supplier is the business entity who will contract with the Customer if their Response is successful. If you are the preferred Supplier and are an individual without an ABN, and do not meet the Australian Taxation Office’s (ATO) definition of an independent contractor, you may be offered a different form of contract OR we may not be able to contract with you. Before completing this Response Form, notify the Nominated Contact Officer to enable them to seek advice.

For further guidance, refer to the ATO website:

Instructions to assist Potential Suppliers to complete their Response have been included throughout this form.Prior to submitting your response, you should remove Instructions and Handy Hints.

Handy Hints appear in shaded boxes. Specific questions on this procurement should be directed to the Contact Officer nominated in the Commonwealth ATM [Clause A.A.6] distributed with this Response to ATM form.

Instruction to Potential Suppliers:You must use this form to submit your Response, which must comply with the Commonwealth ATM Terms, which are available here.Before completing this Response read the Customer’s Approach to Market (ATM) distributed with this Response to ATM form and decide whether your organisation has the necessary skills and experience to meet the Customer’s requirement set out in that ATM.

In this Response, be as concise as possible while including any and all information that your organisation wants the evaluation panel to consider. Do not assume that the evaluation panel has any knowledge of your organisation’s abilities or personnel.

Your organisation’s participation is at your sole risk and cost. This is a competitive process, and you should note that your organisation may incur costs in participating, and if not successful be unable to recoup those costs.

Handy HintsWhen completing this form, provide all information requested and submit the form as required in Lodgement Method [Clause A.A.5]. Demonstrate that your organisation meets the Mandatory Conditions of Participation [Clause A.A.2] if any, as failure to do so will result in your response being excluded from consideration.

The Customer will assess all Responses received by the Closing Time [Clause A.A.1], which meet any Mandatory Conditions of Participation [Clause A.A.2] and compare them to determine which Potential Supplier has proposed the best value for money outcome for the Customer. In making this decision, a panel will consider:

(a) which Response best meets the Customer’s requirement set out in the ATM;

(b) whether the Potential Supplier has proven capacity to provide the Customer’s requirement; and

(c) the total cost the Customer will incur in accepting the Potential Supplier’s proposal.

The successful Potential Supplier will have demonstrated its ability to provide the best value for the Customer. This will not necessarily be the lowest price.

If your organisation is unsuccessful with this submission, request a debrief to assist with future submissions. The Customer’s Contact Officer [Clause A.A.6] can arrange this for you.


http://www.finance.gov.au/sites/default/files/ATM%20Terms%20v1_0.pdf.

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


Part 1 - Potential Supplier’s Details

Instruction to Potential Suppliers:Provide the following organisational details, which will appear in any contract with the Customer. These details should be for the legal entity that would be the Supplier under a Contract.

Full legal business name:

Registered business address:

ACN/ARBN (if applicable):

ABN (if applicable):

Web address:

What is the entity’s legal status (double click a box below to select):

Company Partnership Sole Trader Sole Director Company *Other

If none of the above apply, please state entity type:

Is the above entity a non-government employer with more than 100 employees? Yes No

Contact OfficerFor all matters relating to this Response, the Potential Supplier’s Contact Officer will be:

Name:Position title:Telephone:Mobile:Email:Postal Address:

Address for Notices (if different from the Contact Officer):Name:Position title:Email:Postal Address:

Contract Manager (if different from the Contract Officer)

Instruction to Potential Suppliers:Potential Suppliers should provide the requested details of the person they propose to be their Contract Manager if a contract is awarded. That person will be responsible for general liaison with the Customer and accepting and issuing any written notices for that Contract.

Name:Position title:Telephone:Mobile:Email:Postal Address:

(if different from above)



Part 2 - Executive Summary

Instructions for Potential SuppliersProvide a brief (less than one page) Executive Summary of your proposal highlighting any key aspects.

Handy Hint:You may find it useful to complete this Executive Summary last so that it is easier to summarise your proposal’s key features.



Part 3 – Ability to meet the requirementDetailed proposal to meet the Customer’s requirementInstruction to Potential Suppliers:The information you provide in this section will be considered in evaluating the extent to which this Response meets the Customer’s requirement. Be as concise as possible. Do not provide general marketing material that does not relate to the specific requirement.

Provide a detailed description of your proposal to supply the Customer’s requirement, including any delivery methodology. If there are any Mandatory Conditions of Participation [Clause A.A.2] you should specifically respond to them here.

Handy HintThis is your organisation’s opportunity to convince the evaluation panel that your organisation understands the Customer’s requirement and can deliver it to a high standard.

This is the place to highlight your competitive advantage as well as any special or unique features of your proposal. Depending on the requirement, your organisation’s response could propose a detailed project plan including project milestones and completion dates, timeframes, quality standards or performance indicators, which demonstrate success or progress. It could also detail any critical issues or key delivery risks of which the Customer should be aware.

Do not rely solely on your organisation’s reputation as the evaluation panel can only consider information you provide in this submission – this Response to ATM is the opportunity to promote your organisation.



Part 4 - Potential Supplier’s Proven Capacity

Statement of Skills and ExperienceInstruction to Potential Suppliers:The information you provide in this section will be considered in evaluating your organisation’s proven capacity to meet the Customer’s requirement.

Provide clear, concise details of your relevant abilities to deliver what you have proposed above.

This is your opportunity to prove to the evaluation panel that you can meet the Customer’s requirement to a high standard.

Specified PersonnelInstruction to Potential Suppliers:Usually it will not be necessary to include specified personnel for Goods and Services contracts. However, if your proposal has referenced the skills of specific personnel provide details in the table below. Include their role, the percentage of the project that they will complete (the total of all specified personnel will add to not more than 100% of the project) and if relevant, their current Commonwealth Government security clearance. Only propose personnel where you can reasonably expect them to perform the roles nominated.

Also include the same details for any subcontractor personnel, if applicable.

Add extra lines to the table if required. If no Specified personnel are proposed insert “Not Applicable” in the table.

Handy HintWhere the person proposed is a recognised expert in their field and the quality of your proposal relies on their expertise, they must be specified in the table below. Only include names for Specified Personnel where their unique skills are relevant or a security clearance is required to perform a particular role.

However, where you have a number of staff who could perform a particular role, include details of the position/role, and the % of the project time which this role will perform. In these circumstances it would not be necessary to name the person.

The % Time column is the % of the total project time each specified person/role will provide.

Include subcontractor personnel in this table, if applicable.

Position/Role % Time NameCurrent level of Security

Clearance(If requested at A.A.3(b))

Total all project personnel 100%

Subcontractors Instruction to Potential Suppliers:Provide details of each subcontractor organisation you will use below. If no subcontractors are proposed write “Not Applicable”.

Note that the Customer is required to publicly disclose information about subcontractors.



Full legal name:

Postal address:

ACN/ARBN (if applicable):

ABN (if applicable):

Scope of works to be subcontracted

Instruction to Potential Suppliers:Potential Suppliers must identify the roles or the specific parts of the contract each subcontractor will perform. If no subcontractors are proposed write “Not Applicable”.

Handy HintThe Supplier remains solely responsible to the Customer for all obligations under the Contract and therefore is responsible for subcontractor performance and management.

If you are intending to include subcontractors read and understand what your obligations would be under the Commonwealth Contract Terms; including in particular the obligations set out in Subcontracting [Clause C.C.8]; Supplier not to make representations; [Clause C.C.18]; Compliance with Laws [Clause C.C.19] and Compliance with Commonwealth Laws and Policies [Clause C.C.20].

Conflict of InterestInstruction to Potential Suppliers: Would a real or perceived conflict of interest exist, or a potential conflict arise, if the Potential Supplier, or where applicable the subcontractor, entered into a contract with the Customer? If so, include full details and strategies to manage the conflict here.

Has this Response been prepared with any assistance from a current or former employee of the Customer? If so, include full details here.

If none, write “Nil”.

Handy HintA perceived Conflict of Interest is one in which a reasonable person would think that the person’s judgement and/or actions may be compromised.

It is important that the Potential Supplier notify the Customer immediately if an actual, perceived or potential conflict of interest arises or may arise after the Response has been submitted or during the Contract period.

RefereesInstruction to Potential Suppliers:Provide daytime contact details for three (3) referees who can attest to your capacity to meet the Customer’s requirement. Note that the Customer reserves the right to contact the Potential Supplier’s referees, or any other person, directly and without notifying the Potential Supplier as set out in Referees [Clause A.B.14].

Handy HintA reference is stronger if your organisation and/or specified personnel has recently provided the referee with similar Goods and Services.

It is also good practice to make sure that any referees nominated are aware they might be contacted.



Referee Name Position/Company Phone No Email Address

Additional InformationInstruction to Potential Suppliers:

Are there additional details relevant to this proposal that you have not already included but want the Customer to consider? Any information included here should be relevant to this proposal and be as concise as possible.

Handy HintPotential Suppliers may use this opportunity to identify any pre-existing intellectual property or unique methodology. This section should not be used to include generic marketing information that is not specific to the Requirement. Be as concise as possible.

Confidentiality of Potential Supplier’s InformationInstruction to Potential Suppliers:Potential Suppliers must identify, in the table below, any aspects of their Response or any aspect of the proposed Contract that they consider should be kept confidential, with reason. If none, complete the table with “Not Applicable”.

Information to assist you to assess whether the Customer is able to treat particular information as confidential is available at http://www.finance.gov.au/procurement/procurement-policy-and-guidance/buying/contract-issues/confidentiality-procurement-cycle/principles.html.

Add extra lines to the table as required.

Handy HintThe Customer will only agree to treat information as confidential in cases that meet the Commonwealth’s guidelines and which the Customer considers appropriate. In the absence of the Customer’s agreement, the Customer has the right to disclose any information contained in the Contract.

Information in the Contract considered necessary to be confidential

Reasons for requesting confidentiality


Response to Approach to Market – Goods and/or Services

Additional Facilities and AssistanceInstruction to Potential Suppliers: Any requirement is set out in Facilities and Assistance offered by the Customer [Clause A.A.3(e)].

If only the Facilities and Assistance offered by the Customer are required, insert “No additional facilities and assistance required” in the space below.

If no Facilities and Assistance are offered by the Customer and none required by the Potential Supplier, insert “Not Applicable” in the space below.

If the Potential Supplier’s proposal and pricing is based on the Customer, providing any Additional Facilities and Assistance these should be stated here.

Handy HintAny costs the Customer would incur in providing any Additional Facilities and Assistance will be included in the costs assessment.

Non-ComplianceInstruction to Potential Suppliers:If your proposal is successful, you will be offered the opportunity to enter into a contract, which incorporates the Commonwealth Contract Terms. These terms have been designed to enable Commonwealth officials to comply with their legislated responsibilities and are therefore not negotiable.

If you have reasons why any of the Additional Contract Terms should be changed, fill in the table below, as these may be negotiable.

Add extra lines to the table if necessary.

Handy HintAny costs the Customer would incur from non-compliance (e.g. Cost of negotiation) will be included when assessing value for money.

Clause Reason for non-Compliance Proposed new wording

Reference No: XXXXXXXXXX Page 16 of 47


Schedule 1 – Fees and Charges – Goods and/or Services

Fees and ChargesInstruction to Potential Suppliers:Fill out the tables below including prices for each item. These prices must include any taxes, duties and any other government charges which may be imposed or levied in Australia or overseas. Add extra rows to the table if required.

Goods Price Schedule

Item Description Qty Unit Priceex GST GST Unit Price

inc GSTTotal Price

inc GST

Total Goods Price Schedule

Services Fees and Charges Schedule

Services Description CostEx GST GST Total Cost

Inc GST

Total Services Price Schedule

Support/Maintenance Price Schedule

Description Unit Priceex GST GST Unit Price

inc GST

Total Support/Maintenance Price Schedule



Time and Materials Hourly Rate Price Schedule(Hourly rate should reflect the role and or experience of the contractor/consultant)

Title/Activity Role/Experience Hourly Rateex GST GST Hourly Rate

inc GST

Total Hourly Rate

Time and Materials Daily Rate Price Schedule(Daily rate should reflect the role and or experience of the contractor/consultant)

Title Activity Role/Experience Daily Rateex GST GST Daily Rate

inc GST

Total Daily Rate

Instruction to Potential Suppliers:Include only those charges which are not included in the prices quoted above. An example of this could be a delivery fee for split deliveries where the total number of deliveries are not able to be calculated in advance. Add extra rows to the table if required.

Additional Price Schedule (not described elsewhere)

Description Price Discount % Unit Priceex GST GST Total Price

inc GST

Total Additional Price Schedule



Payment ScheduleInstruction to Potential Suppliers:Only complete this table if you are proposing that progress payments be made. If there are no progress payments, leave this table blank.Do not propose a payment schedule that reflects more than the value of the milestones or deliverables achieved at any stage.Add extra lines to the table if necessary. Progress payments for the Goods and Services(inclusive of any GST and all taxes and charges) will be as follows:

Estimated Date Milestone Payment Amount

If the Supplier incurs any of the variable costs, the Customer will reimburse the Supplier at cost (exclusive of GST) on submission of a Correctly Rendered Invoice and production of satisfactory evidence in accordance with Clause C.C.17 [Payment].

Pricing for Extension PeriodIf this Deed is extended, pricing will be agree in writing between the Panel Owner and the Supplier.If this Deed is extended, pricing will be as set out in the table below.Not Applicable

ExtensionPeriod

Description Unit Costex GST GST Unit Cost

inc GST

Total Pricing for Extension Period inclusive of GST

Instruction to Potential Suppliers:In the space below, explain how the above prices would be adjusted, if at all, if a contract variation (for either an increase or a decrease for the Goods and Services) or if an extension is awarded.


Draft CCS - Deed of Standing Offer – Goods and/or Services


CCS - Deed of Standing Offer – Goods and/or ServicesThis Deed is for the provision of xxxxxxxx

Reference No: xxxxxxxxx

Panel OwnerPanel Owner Name The Commonwealth as represented by xxxxxxxx (the Panel Owner)

Panel Owner ABN 12345678

Panel Owner Address xxxxxxxxx

SupplierSupplier Name xxxxxxxxx

Supplier ABN xxxxxxxxx

Supplier ACN (if applicable) xxxxxxxxx

Supplier ARBN (if applicable) xxxxxxxxx

Supplier Address xxxxxxxxx

CustomersPortfolio Panel.The Panel Owner and all Commonwealth entities and Commonwealth companies in the same portfolio as the Panel Owner are Customers for the purpose of this Deed and may obtain Goods and/or Services under this Deed. Information about agencies in each Portfolio is available at Government Directories .

Whole of Government Panel.The Panel Owner and all Commonwealth entities and Commonwealth companies are Customers for the purpose of this Deed and may obtain Goods and/or Services under this Deed.

Named Entity Panel.The Panel Owner and the Commonwealth entities and Commonwealth companies listed below are Customers for the purpose of this Deed and may obtain Goods and/or Services under this Deed.

xxxxxxxxxx

At any time, the Panel Owner may notify the Supplier that additional customers wish to obtain Goods and/or Services under the Deed by notifying the Supplier in writing. Any such customer will be a Customer for the purposes of the Deed from the date specified in the notice.


http://www.directory.gov.au/


Deed ScopeD.A.1 Key InformationThis Deed commences on the Deed Start Date and continues for the Deed Term unless:

(a) it is terminated earlier; or

(b) if a Deed Extension Option is set out in the table, the Customer exercises the Deed Extension Option, in which case this Deed will continue until the end of the extended time (unless it is terminated earlier).

Event Date

Deed Start Date xxxxxxxxxx

Deed Term

This Deed will commence on the Deed Start Date or the date the Deed is executed, whichever is the latter and remain in force for a period of xxxxxxxxxx.

This Deed will commence on the Deed Start Date or the date the Deed is executed, whichever is the latter and will terminate on xxxxxxxxxx

Deed Extension OptionThe Customer may extend the Deed for a period of up to xxxxxxxxxx

The Customer may extend the Deed for a period of up to xxxxxxxxxx

D.A.2 The Requirement xxxxxxxxxx

D.A.2 (a) StandardsAny standards which a Customer may require to be met will be detailed in individual Orders.

xxxxxxxxxx

D.A.2 (b) Security RequirementsAny security which a Customer may require from time to time will be detailed in individual Orders.xxxxxxxxxx

D.A.2 (c) Workplace Health and SafetyThroughout the Deed period and during the performance of any Contract, the Customer and the Supplier will proactively identify and cooperate to manage any Workplace Health and Safety issues that may arise.

xxxxxxxxxx

D.A.2 (d) Delivery and Acceptance The Supplier will be required to meet the general Delivery and Acceptance requirements set out in Clause C.C.10 of the Commonwealth Contract Terms as well as any specific Delivery and Acceptance requirements which are notified in the relevant Orders.

xxxxxxxxxx

D.A.2 (e) Facilities and AssistanceAny facilities and assistance which a Customer may provide from time to time will be detailed in individual Orders.



xxxxxxxxxx

D.A.2 (f) Customer MaterialAny Customer Material which the Customer may provide from time to time will be detailed in individual Orders

xxxxxxxxxx

D.A.3 Fees and Charges

Schedule 1 must be used for all fees and charges associated with this Deed of Standing Offer.

D.A.4 Deed Managers and Addresses for NoticesDeed Managers are responsible for issuing or accepting any written Notices under the Deed and are the contact points for general liaison.

D.A.4 (a) The Customer’s Deed Manager:The person occupying the position of: xxxxxxxxxx

Currently: xxxxxxxxxx

Postal Address: xxxxxxxxxx

Telephone: xxxxxxxxxx

Mobile: xxxxxxxxxx

Email Address: xxxxxxxxxx

D.A.4 (b) The Supplier’s Deed Manager:Name: xxxxxxxxxx

Position Title: xxxxxxxxxx

Postal Address: xxxxxxxxxx

Telephone: xxxxxxxxxx

Mobile: xxxxxxxxxx

Email Address: xxxxxxxxxx

D.A.5 Specified PersonnelExpertise Name Current level of Security

Clearancexxxxxxxxx xxxxxxxxxx xxxxxxxxxx

D.A.6 SubcontractorsNone Specified

Subcontractor Services to be performed/Goods to be provided ACN / ABN



xxxxxxxxxx xxxxxxxxxx xxxxxxxxxx



Additional Deed Terms

D.B.1 Panel DeedThe Supplier acknowledges that it is one of a number of suppliers on the Panel which may be requested by the Customer to supply Goods and / or Services.

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D.B.2 Criminal CodeThe Supplier acknowledges that the giving of false or misleading information to the Commonwealth is a serious offence under section 137.1 of the schedule to the Criminal Code Act 1995 (Cth).

The Supplier agrees to ensure that any of its subcontractors are aware of the information in this clause.

D.B.3 Confidential Information of the SupplierThe Customer agrees that the following information meets the Commonwealth’s confidentiality guidelines and agrees to treat the information as confidential unless required by law to disclose the information. The Customer retains the right to disclose any other information contained in the Contract.

Information to be kept confidential

xxxxxxxxxx

Intellectual PropertyIntellectual Property (if any) will be set out in each individual Order.

Terms and ConditionsCCS Standing Offer Deed Terms (link to be created once published)

Commonwealth Contracting Suite Glossary

Commonwealth Contract Terms



http://www.finance.gov.au/sites/default/files/Glossary%20v1_0.pdf


Order FormOrders will be issued under this CCS Deed of Standing Offer substantially in the form of the attached Request for Quote/Order at Schedule 2.



Deed of Standing Offer Signing Page

The Parties agree that by signing this CCS Deed of Standing Offer –Goods and/or Services they enter into a Deed comprising:(a) Additional Deed Terms (if any);(b) Deed Statement of Work;(c) Commonwealth Standing Offer Terms; (d) Commonwealth Contracting Suite Glossary; and(e) Deed Annex 1 – Supplementary information (if any)

EXECUTED as a Deed

Signed for and on behalf of the Commonwealth of Australia as represented by xxxxxxxxxx ABN xxxxxxxxxx by its duly authorised delegate in the presence of



Deed Annex 1 – Supplementary Information

Annex1_SupplementaryInformationNot Applicable


CCS - Deed of Standing Offer Terms – Goods and/or Services


CCS - Deed of Standing Offer Terms – Goods and/or Services


CCS Glossary– Goods and/or Services


CCS Glossary– Goods and/or Services


Schedule 2 – Draft Request for Quotation/Order – Goods and/or Services


Commonwealth Request for Quotation/OrderFor the provision of XXXXXXXXX

This Request for Quote is issued by the Customer:

Customer Name: XXXXXXXXXXABN: XXXXXXXXXX

To the Supplier

Supplier Name: XXXXXXXXXXABN: XXXXXXXXXXACN: XXXXXXXXXX

under the Commonwealth Deed of Standing Offer dated XXXXXXXXXX Reference No: XXXXXXXXXX (Deed of Standing Offer)

Note: When the Supplier completes, signs and returns this RFQ to the Customer and the Customer accepts this RFQ, by countersigning it, this RFQ becomes and executed Order under the Deed of Standing Offer Reference No: XXXXXXXXXX and is subject to the Commonwealth Contract Terms.




Statement of Work

RFQ.1 Key Events and DatesEvent Date Time

Closing Time XXXXXXXXXX XXXXXXXXXX ACT local time

Expected Order Start Date XXXXXXXXXX

Term of Order

Option1

This Order will commence on the Contract Start Date or the date the Order is executed, whichever is the latter and remain in force for a period of XXXXXXXXXX.

Option 2

This Order will commence on the Contract Start Date or the date the Contract is executed, whichever is the latter and will terminate on XXXXXXXXXX.

Order Extension Option

Option 1

The Customer may extend the Order for a period of up to XXXXXXXXXX.

Option 2

Not Applicable

RFQ.2 The Requirement XXXXXXXXXX

RFQ.2 (a) StandardsSpecified standards in the Deed of Standing Offer apply.

In addition, the supplier will be required to comply with the following standards

XXXXXXXXXX

RFQ.2 (b) Security RequirementsSpecified security requirements in the Deed of Standing Offer apply.

In addition, the supplier will be required to comply with the following security requirements

XXXXXXXXXX

RFQ.2 (c) Workplace Health and SafetySpecified workplace health and safety requirements in the Deed of Standing Offer, apply.

Throughout the Contract period, the Customer and the Supplier will proactively identify and cooperate to manage any Workplace Health and Safety issues that may arise.

In addition, the supplier will be required to comply with the following Workplace Health and Safety requirements

XXXXXXXXXX



RFQ.2 (d) Delivery and Acceptance

Item/Description Delivery Address Contact Details

XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

Services Description Delivery Location/Method Contact Details

XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

Any delivery and acceptance requirements set out in the Deed of Standing Offer apply. In addition, the supplier will be required to comply with the following requirements

XXXXXXXXXX

RFQ.2 (e) Facilities and AssistanceSpecified facilities and assistance in the Deed of Standing Offer apply.

In addition, the following facilities and assistance will be provided for this Order:

XXXXXXXXXX

RFQ.2 (f) Customer MaterialSpecified customer material in the Deed of Standing Offer apply.

In addition, the following additional Customer Material will be provided

XXXXXXXXXX

RFQ.3 Fees and ChargesFees and Charges quoted will be consistent with the fees and charges set out in the Deed of Standing Offer Schedule 1 (Fees and Charges).

RFQ.4 Approach to Market (ATM) DistributionThis RFQ/Order and any updates will be distributed via email.This RFQ/Order and any updates will be distributed via AusTender and is 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 Approach to Market (ATM) process, Tenderers must comply with those terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on AusTender.

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

AusTender Help DeskTelephone: 1300 651 698International: +61 2 6215 1558Email: [email protected]

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


mailto:[email protected]

https://www.tenders.gov.au/?event=public.termsOfUse


RFQ.5 Lodgement MethodOption 1.EmailResponses should be lodged via Email to:

Email Address: XXXXXXXXXX

Reference No: XXXXXXXXXX

by the closing time specified above.

The Customer will accept Responses lodged in Word Doc (.docx) Word 97-2003 Doc (.doc) Rich Text Format (.rtf) Excel Workbook (.xlsx) Excel 97-2003 Workbook (.xls) CSV (.csv) PDF (.pdf).

Response files should/must not exceed a combined file size of XXXXXXXXXX megabytes per upload.

Option 2.AusTenderResponses 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 ATM 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 tender response has been lodged before the Closing Time, the countdown clock will be conclusive.

Response File Formats, Naming Conventions and SizesThe Customer will accept Responses lodged in Word Doc (.docx) Word 97-2003 Doc (.doc) Rich Text Format (.rtf ) Excel Workbook (.xlsx) Excel 97-2003 Workbook (.xls) CSV (.csv) PDF (.pdf).

The Response file name/s:a. should incorporate the Potential Supplier's full legal entity name; andb. should reflect the various parts of the bid they represent, where the Response comprises multiple

files.

Response files should/must not exceed a combined file size of XXXXXXXXXX megabytes per upload.

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

RFQ.6 Customer’s Contact OfficerThe Customers Contact Officer is responsible for issuing or accepting any written Notices under this Contract and is the contact point for general liaison.

The Customer’s Contact Officer:The person occupying the position of: XXXXXXXXXX

Currently: XXXXXXXXXX

Email Address: XXXXXXXXXX

Telephone: XXXXXXXXXX



Additional Contract Terms

A.C.1 Additional Contract Terms set out in the DeedThe parties acknowledge that any Additional Contract Terms set out in the Deed will be ‘Additional Contract Terms’ for the purposes of any Order.

A.C.2 Intellectual Property

Option1.

The Intellectual Property arrangements set out in the Deed of Standing Offer apply.

Option 2.

The following Intellectual Property arrangements will apply to this Order.

The Supplier grants the Customer a fee free, non-exclusive, irrevocable, world-wide licence to exercise the intellectual property rights in the Material provided under the Contract for any purpose. The licence granted to the Customer under this clause includes a right to sub-licence those rights, 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/or 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. Option 3.The Supplier hereby assigns to the Customer all rights and interests in the intellectual property rights in the Material provided under the Contract. The Supplier agrees to create, execute or sign any document which may be necessary to transfer those rights to the Customer.The Customer grants to the Supplier a fee free, non-assignable, irrevocable, licence to exercise the intellectual property rights in the Material for the sole purpose of fulfilling its obligations under the Contract.

The Supplier warrants that it has full legal authority to assign the rights in this Contract; and that the provision of the Goods and/or 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.

Option 4.Not Applicable

Additional Contract TermsXXXXXXXXXX



Part 1 - Supplier’s Details

SupplierFull legal business name: XXXXXXXXXX

Registered business address: XXXXXXXXXX

ACN/ARBN (if applicable): XXXXXXXXXX

ABN (if applicable): XXXXXXXXXX

Web address: XXXXXXXXXX

Contact OfficerFor all matters relating to this Response, the Potential Supplier’s Contact Officer will be:

Name: XXXXXXXXXX

Position title: XXXXXXXXXX


Mobile: XXXXXXXXXX

Email: XXXXXXXXXX

Postal Address: XXXXXXXXXX

Address for Notices (if different from the Contact Officer):Name: XXXXXXXXXX


Email: XXXXXXXXXX


Contract Manager (if different from the Contract Officer)

Name: XXXXXXXXXX



Mobile: XXXXXXXXXX

Email: XXXXXXXXXX


(if different from above)



Part 2 – Ability to meet the requirementDetailed proposal to meet the Customer’s requirementXXXXXXXXXX

Specified Personnel

Position/Role % Time Name Current level of Security Clearance

XXXXXXXXXX XXXX XXXXXXXXXX XXXXXXXXXX

Total all project personnel 100%

Subcontractors Full legal name: XXXXXXXXXX

Postal address: XXXXXXXXXX

ACN/ARBN (if applicable): XXXXXXXXXX

ABN (if applicable): XXXXXXXXXX

Scope of works to be subcontracted XXXXXXXXXX

Conflict of InterestXXXXXXXXXX

Referees

Referee Name Position/Company Phone No Email Address

Additional InformationXXXXXXXXXX

Confidentiality of Potential Supplier’s Information

Information in the Contract considered necessary to be confidential

Reasons for requesting confidentiality



XXXXXXXXXX XXXXXXXXXX

XXXXXXXXXX XXXXXXXXXX

Additional Facilities and AssistanceXXXXXXXXXX



Attachment 1 – Fees and Charges

The Supplier confirms that the Order Price has been developed in accordance with and otherwise meets the requirements of the Deed of Standing Offer.

Select the Fees and Charges option that suits your supply of the Goods and/or Services. Type “Not Applicable” in the schedules not suitable.

Goods Price ScheduleItem Description Qty Fixed Price

ex GSTGST Fixed Price

inc GSTTotal Fixed

Price inc GST

Services Price ScheduleServices Description Cost

Ex GSTGST Total Cost

Inc GST

Support/Maintenance Price ScheduleDescription Unit Price

ex GSTGST Unit Price

inc GST



Time and Materials Hourly Rate Price Schedule (Hourly rate should reflect the role and or experience of the contractor/consultant)

Title/Activity Role/Experience Hourly Rateex GST

GST Hourly Rateinc GST

Time and Materials Daily Rate Price Schedule (Daily rate should reflect the role and or experience of the contractor/consultant)

Title Activity Role/Experience Daily Rateex GST

GST Daily Rateinc GST

Additional Price Schedule (not described elsewhere)

Description Price Discount Unit Priceex GST

GST Total Price inc GST



Payment ScheduleProgress payments for the Goods and/or Services (inclusive of any GST and all taxes and charges) will be as follows:

Estimated Date Milestone Payment Amount

If the Supplier incurs any of the variable costs, the Customer will reimburse the Supplier at cost (exclusive of GST) on submission of a Correctly Rendered Invoice and production of satisfactory evidence in accordance with Clause C.C.17 [Payment].

Pricing for Extension PeriodIf there is an extension period stated in the Request for Quote, detail any costs associated with the extension here.

ExtensionPeriod

Description Unit Costex GST

GST Unit Costinc GST


Draft Schedule 2 – Request for Quotation – Goods and/or Services

Contract Signing Page

The Parties agree that by signing this Order –Goods and/or Services they enter into a Contract comprising:(a) Additional Deed Terms (if any);(b) Deed Statement of Work;(c) Commonwealth Standing Offer Terms; (d) Commonwealth Contracting Suite Glossary; and(e) Deed Annex 1 – Supplementary information (if any)

EXECUTED as a Contract

Signed for and on behalf of the Commonwealth of Australia as represented by XXXXXXXXXX

(the Customer) ABN XXXXXXXXXX by its duly authorised delegate in the presence of

Reference No: xxxxxxxxxx Page 43 of 47

Commonwealth Contract Terms – Goods and/or Services








Documents

CCS Deed of Standing Offer - Department of Finance - Deed of Sta… · Web viewCCS - Deed of Standing Offer Terms ... This Deed will terminate on 1/01/1999, ... The Customer will