REQUEST FOR TENDER

RFT Number: 2000003475

Request for tender for administration of permit

schemes for the Ozone and Synthetic
Greenhouse Gas Program

Commonwealth of Australia as represented by the

Department of the Environment and Energy
ABN 34 190 894 983 (Department)

International Climate Change and Energy Innovation Division

Any questions regarding this RFT should be addressed to:

ozonetender@environment.gov.au

Lodgement of tenders
Closing Time: 3.00pm, local time in Canberra on 13 April 2018 (Closing
Time)

Tenders must be lodged electronically using AusTender

Tenderers may wish to refer to Selling to the Australian Government: A
guide for business, available from
http://www.finance.gov.au/publications/selling-to-the-australian-
government/index.html
Request for Tender
~*~
General Information 4
1. Background to this Request For Tender (RFT) 4
2. Scope of requirement 6
3. About this document 8
4. AusTender, the Australian Government Tender System 8
5. Further information about this RFT 8
6. Registered Tenderers and Notices 9

What tenderers need to do 10

7. Tenderer behaviour 10
8. Industry briefing 10
9. Seek own advice 10
10. Bear own costs 10
11. Satisfy the Conditions for Participation 11
12. What the tender needs to include 12
13. When to lodge the tender 13
14. How to lodge the tender 13
15. After lodging the tender 14

Department's evaluation process 15

16. Step 1 – Screening 15
17. Step 2 – Evaluating remaining tenders 15
18. Additional steps 17
19. Negotiations with tenderers 18
20. Execution of formal agreement 18
21. Advice to unsuccessful tenderers and opportunity for debriefing 19

General conditions 20
22. Ownership of RFT documents 20
23. Return or destruction of Department’s information 20
24. Important notices about this RFT 20
25. Disclosure of tender information 21
26. Department’s rights 23
27. Public Statements 24

Page 2
28. Relevant laws 24
29. Indigenous Procurement Policy 24
30. Australian Industry Participation Plan 25
31. Economic Benefit 25
32. Conflicts of Interest 25
33. Dictionary 26
Schedule 1 – Statement of Requirement 28
PART A – Application Administration Service Category 28
1. Overview 28
2. Services required 28
3. Business plans and internal procedures 32
4. Reporting on application administration 33
5. Meetings and knowledge transfer 35
PART B - Industry Engagement and Permit Monitoring Service Category 37
1. Overview 37
2. Services required 37
3. Business plans and internal procedures 40
4. Reporting 41
5. Meetings and Knowledge Transfer 43
Attachment 1 – Checklist 44
Attachment 2 – Tenderer Response Form 46
Attachment 3 – Conditions for Participation 50
Attachment 4 – Capability and Capacity Application Administration Service Category
51
Attachment 5 – Capability and Capacity Industry Engagement and Permit Monitoring
Service Category 53
Attachment 6 - Price 55
Attachment 7 – Economic Benefit 62
Attachment 8 - Insurance 63
Attachment 9 - Compliance statement 64
Attachment 10 - Confidential information 66
Attachment 11 – Indicative application figures 67

Page 3
General Information
1. Background to this Request For Tender (RFT)
1.1 Legislation
(a) Ozone depleting substances (ODS) damage the earth’s protective ozone layer, leading to
increasing harmful ultra-violet radiation from the sun. Synthetic greenhouse gases (SGG)
are now commonly used as replacements to ODS as refrigerants, extinguishing agents as
well as in a variety of manufacturing processes. Some of these are extremely potent, at
1000 or even 20,000 times more powerful than carbon dioxide and can stay in the
atmosphere for thousands of years. Whilst SGG do not damage the ozone layer, they do
contribute to global warming and climate change.
(b) Australia has obligations under a number of international agreements including the Vienna
Convention on the Protection of the Ozone Layer, the Montreal Protocol on Substances
that Deplete the Ozone Layer as well as the United Nations Framework Convention on
Climate Change and the Kyoto Protocol. These agreements set binding obligations for
countries around the world to progressively phase out all major ODS and reduce
emissions of SGG.
(c) The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) is
the legislative mechanism under which Australia meets its international obligations to
phase-out ODS and limit greenhouse gas emissions by controlling the use of SGG. The
Act is supported by the Ozone Protection and Synthetic Greenhouse Gas Management
Regulations 1995 (the Regulations), which control the major end-uses of ODS and SGG.
The purpose of the Act and Regulations is to:
(i) place controls on the use of scheduled ozone depleting and synthetic greenhouse
gases (scheduled substances as listed in Schedule 1 of the Act), and
(ii) promote the responsible management of these gases to minimise their impact on
the atmosphere.
1.2 Use and disposal of scheduled substances
(a) Substances scheduled under the Act are used extensively in a variety of end use
applications primarily within the refrigeration and air conditioning and fire protection
industries. The majority of ODS and SGG in these applications are used in long-lasting
equipment, sometimes over decades.
(b) The Australian Government recognises the need to allow the use of these substances in a
regulated fashion and implements two industry based permits schemes to regulate how
ODS and SGG are traded, stored, handled and disposed of. These schemes are:
(i) the refrigeration and air conditioning industry permit scheme which controls the
scheduled substances used in refrigeration and air conditioning equipment (in the
stationary or built environment and in the mobile industry), and
(ii) the fire protection industry permit scheme which controls the scheduled
substances used as extinguishing agents in the fire protection industry.
(c) The permit schemes are competency based schemes underpinned by nationally endorsed
training. To be eligible for a handling licence, applicants must demonstrate they have
completed relevant qualifications and/or units of competency or have equivalent
competencies (e.g. as assessed by a registered training provider).

Page 4
 (d) The Act and Regulations intend that those who handle scheduled substances do so
competently and safely. This ensures appropriate handling of scheduled substances and
minimises emissions of ODS and SGG through the supply chain, during equipment
installation and maintenance, and during disposal of equipment and gases when equipment
reaches end of life.
(e) Tables 131 and 322 of the Regulations provide information on the qualifications and/or
units of competencies required to obtain handling licences. Further information on units of
competencies and/or qualifications that can be used to gain licences is available at the
following websites:
(i) www.arctick.org and
(ii) www.fpib.com.au
(f) Currently, the refrigeration and air conditioning industry permit scheme administers a total
of 88,180 permits (69,491 to individual technicians and 18,698 to businesses). The fire
protection industry permit scheme administers 1,451 permits (1,283 to individual
technicians and 124 to businesses). The current rate of applications for all permit types is
approximately 950 per week in the refrigeration and air conditioning permit scheme and
approximately 20 per week in the fire protection permit scheme.
(g) A Review of the Ozone Protection and Synthetic Greenhouse Gas Program (2014 to 2016)
found the permit schemes to be effective, delivering direct emissions reductions of ODS
and SGG equivalent to 24.7 Mt of CO2-e since their inception in 2005. The Review also
projected that, between 2014 and 2030, continued operation of the permit schemes will
avoid direct emissions equivalent to 59.3 Mt CO2 (18.0 ODS/41.3 SGG).
1.3 Cost Recovery
(a) The Ozone Protection and Synthetic Greenhouse Gas Program administered by the
Department of the Environment and Energy operates on a cost recovery model. As part of
this model, permit application fees collected through the permit schemes are paid into the
Ozone Protection and SGG Special Account established under section 65A of the Act.
Fees are then used by the Department to pay or reimburse costs associated with
administration of the Program. These include costs for:
(i) implementation of the permit schemes (including costs paid to service providers)
(ii) OPSGG policy and legislation development and implementation
(iii) emissions minimisation, phase-out and phase-down programs as appropriate
(iv) research relating to ODS and SGG, and
(v) intelligence, monitoring, compliance and enforcement activities to detect,
investigate and follow-up suspected breaches of the legislation.
(b) Further information on the cost recovery model is available in the Ozone Protection and
Synthetic Greenhouse Gas Program Cost Recovery Implementation Statement 2016-2017
on the Department’s website at www.environment.gov.au/about-us/accountability-
reporting/cost-recovery.
1.4 Appointment of Industry Boards
(a) To enable administration of the permit schemes by non-government entities, Regulations
120 and 311 allow the Minister to appoint bodies incorporated under the Corporations Act
2001 as ‘Industry Boards’ and delegate specific powers and functions to these appointed
companies. Powers and functions able to be delegated relate primarily to receiving and
granting of permit applications and associated fees.

Page 5
 (b) Appointed Industry Boards are engaged through contractual arrangements with the
Department of the Environment and Energy. Services provided through these agreements
include application administration activities undertaken in accordance with the
Regulations as well as communication and engagement activities with the regulated
industries, relevant consumer groups, training providers and training authorities and the
broader community.
(c) Pending the successful negotiation of services agreements between the Department and
preferred tenderer(s), the Department will seek Ministerial appointment of the successful
tenderers and delegation of powers and functions where appropriate.
(d) Specific powers and functions able to be delegated by the Minister set out in full in the
Regulations. In cases where the Department engages more than one Service Provider,
some, but not necessarily all Service Providers will be delegated powers and functions
under the Regulations.
(e) Accordingly, the Department invites bodies incorporated under the Corporations Act 2001
to submit a tender for administration of the refrigeration and air conditioning industry
permit scheme and/or the fire protection industry permit scheme.

2. Scope of requirement
(a) Through this Request for Tender (RFT), the Department is allowing potential suppliers to
tender for the required services across one or both of the permit schemes by accepting
tenderer responses for two or more service categories as depicted in Table 1 below. The
purpose of this approach is to test the market for opportunities to streamline and achieve
efficiencies in application administration across the two existing industry permit schemes.
This approach also allows tenders from organisations able to provide application
administration services and/or engagement and permit monitoring services. The approach
also means that this RFT may result in one or more contracts for the required services.
Table 1. Service Categories

Service categories

Application Industry Engagement and

Fire Protection Permit Scheme
Administration Permit Monitoring

Refrigeration & Air Conditioning Application Industry Engagement and

Permit Scheme Administration Permit Monitoring

(b) Tenderers must submit tenderer responses for a minimum of two service categories and
may submit responses for three or all service categories. Tenderers must clearly indicate
the service category they are tendering for by completing the tables provided at
Attachments 4 and Attachment 5.
(c) Summary descriptions for each service category is provided below. More complete
descriptions of services required are provided at Schedule 1. Statement of Requirement.

Page 6
(d) Part A - Application Administration (for the refrigeration and air conditioning permit
scheme and the fire protection permit scheme):
(i) Receive and assess permit applications, collect application fees and grant permits
for businesses and technicians trading in and handling ozone depleting substances
and synthetic greenhouse gases. Includes operation of electronic database(s) for
application administration including providing access to permit data to the
Department and other service providers.
(ii) Engage with education and training providers and authorities and provide ongoing
advice to the Department on a range of issues relating to training and competency
requirements of the permit scheme. This will include monitoring the suitability
and availability of training required by permit applicants and impacts of any gaps
in training on applicants and permit holders.
(e) Part B - Industry Engagement and Permit Monitoring (for the refrigeration and air
conditioning permit scheme and the fire protection permit scheme):
(i) Undertake a communication and awareness program to increase participation in
the permitting schemes, improve permit holders’ understanding of permit
conditions and increase awareness of permit requirements amongst the general
public and key consumer groups, including development and maintenance of a
permit scheme website and development and publication of associated education
and communication materials.
(ii) Undertake an engagement program to provide targeted support and guidance to
technicians and businesses in the fire protection permit scheme and/or the
refrigeration and air conditioning permit scheme to assist them to meet their
obligations for handling, trading and/or disposing of ODS and SGG as per permit
conditions.
(iii) Report any known or suspected breaches of permit conditions or discharges of
scheduled substances.
(iv) Stay informed of, and inform the Department of any issues impacting the permit
scheme relating to training and competency requirements, changing trends or
issues with industry practices or technologies and changes to Australian Standards
and Codes of Practice.
(v) Engage with regulated industries including by establishing and provide secretarial
support to Industry Advisory Bodies (one body each for the refrigeration and air
conditioning industry and the fire protection industry) formed of members
representing major industry sectors handling or disposing of ODS and SGG
and/or equipment containing these gases.
(f) As application administration services and industry engagement and permit monitoring
services required are the same for the refrigeration and air conditioning and the fire
protection permit schemes (except for in scale), these services are described once in the
Statement of Requirement.
(g) The Department is seeking to enter into agreements with successful tenderers by 1 August
2018 to allow for a two month transition-in period prior to the conclusion of current
arrangements for these services.
(h) Application administration services, as outlined above, are required to commence in-full
on or by the 15th October 2018 for the refrigeration and air conditioning industry permit

Page 7
 scheme and on or by the 1st November 2018 for the fire protection industry permit
scheme.
(i) The Department’s requirements are set out in more detail in Schedule 1. Statement of
Requirement.
(j) Any contract entered into as a result of this RFT will be based on the Draft Form of
Contract. However, the Department may vary the terms and conditions (see clause 26(a)).

3. About this document

(a) This RFT is made up of:
(i) the clauses, which set out the conditions applying to the RFT process
(ii) Schedule 1, which sets out the Statement of Requirement, and
(iii) the Attachments, which set out the information tenderers need to include in their
tenders.
(b) A checklist is provided in Attachment 1 to assist tenderers to prepare and submit their
tenders.
(c) The dictionary in clause 33 provides definitions of words and phrases used in this RFT.
(d) Where this RFT provides that the Department 'may' do a thing, it may do so in its absolute
discretion.

4. AusTender, the Australian Government Tender System

(a) 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 at: https://www.tenders.gov.au/?event=public.termsOfUse.
(b) 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).

5. Further information about this RFT

(a) Tenderers should direct any questions arising during the preparation of a tender or
requests for clarification in writing to ozonetender@environment.gov.au
(b) The Department may refuse to answer any question received less than five business days
before the Closing Time.
(c) Where appropriate, the Department will circulate questions and answers to all other
tenderers without disclosing the source of the questions or revealing the substance of a
proposed tender.

Page 8
 (d) If a tenderer finds any discrepancy, error or omission in this RFT, it should notify the
Department in writing before the Closing Time.

6. Registered Tenderers and Notices

(a) In the event that the Department elects to vary or supplement this RFT or change the
conditions of tender, it will make reasonable efforts to inform tenderers in accordance
with this clause.
(b) Tenderers may be informed by notices and other information issued as addenda posted on
this RFT page on AusTender.
(c) Tenderers who have registered and downloaded the tender documentation will be notified
by AusTender via email of any addendum issuance. It is in the interests of tenderers to
ensure they have correctly recorded their contact details prior to downloading tender
documentation. If tenderers have not recorded their details correctly, they should amend
their details and download the tender documentation again.
(d) Tenderers are required to log in to AusTender and collect addenda as notified.
(e) The Commonwealth will accept no responsibility if a tenderer fails to become aware of
any addendum notice which would have been apparent from a visit to the AusTender page
for this RFT.
(f) If a tenderer has obtained tender documentation other than from AusTender, they must
visit AusTender, register as a user and download the tender documentation for this RFT.

Page 9
What tenderers need to do
7. Tenderer behaviour
(a) Tenderers must not, and must ensure that their officers, employees, agents and advisors do
not, in relation to the preparation, lodgement or assessment of tenders:
(i) make false or misleading claims or statements
(ii) improperly obtain confidential information
(iii) receive improper assistance
(iv) engage in collusive tendering, anti-competitive conduct or other similar conduct
with any other tenderer or other person, or
(v) attempt to improperly influence an officer of the Department or approach any
Commonwealth officer other than in the manner set out in clause 5(a).
(b) Note that the Department may exclude a tender from consideration if the tenderer fails to
comply with these requirements (clause 16(c)(iii)).

8. Industry briefing
(a) Tenderers are invited to attend an industry briefing:

Date Location Venue Time

19 March Sydney Airport To be confirmed 11:00am

(b) Attendance at the industry briefing is optional and is not a Condition for Participation in
the RFT process. Tenderers must indicate if they intend to attend the industry briefing by
providing the name, company and position of each person attending to
ozonetender@environment.gov.au two business days prior to the industry briefing. That
is, by 3pm 15 March. Unregistered attendees will not be permitted to attend the industry
briefing.
(c) Individual briefings will not be provided. For tenderers who are unable to attend the
industry briefing, a copy of any additional information provided at the briefing will be
provided to all Tenderers through AusTender following the briefing.
(d) Any information provided at a briefing or under clause 8(b) is provided subject to the
conditions of this RFT. Tenderers must not rely on a statement made at the industry
briefing as amending or adding to this RFT unless confirmed in writing via an Addendum.

9. Seek own advice

This RFT is not business, investment, legal or tax advice. Tenderers should seek their own
independent professional advice in respect of all matters in connection with this RFT.

10. Bear own costs

(a) All expenses and costs incurred by a tenderer in connection with this RFT, including
preparing and lodging a tender, providing the Department with further information, giving
presentations, attending interviews and participating in any subsequent negotiations, are
the sole responsibility of the tenderer.

Page 10
 (b) The Department is not liable for any costs or other compensation in relation to the
consideration of this RFT, lodgement of any tender or participation in the RFT process by
any tenderers where the Department takes any action permitted under this RFT, including
any exercise of the Department’s rights under clause 26.
(c) The tender acknowledges that the Department is not liable for any loss, damage, cost or
expense incurred by tenderers or any other person if, for any reason, a tender or any other
material or communication relevant to this RFT is not received on time, is corrupted or
altered or otherwise not received as sent, cannot be read or decrypted, or has its security or
integrity compromised.

11. Satisfy the Conditions for Participation

(a) To submit a tender, the tenderer must satisfy the Conditions for Participation (i.e.
mandatory requirements). If a tenderer does not satisfy the Conditions for Participation,
the tender will be excluded from consideration (see clause 16).
(b) The Conditions for Participation are set out in the following table:

No. Condition for Participation

1. The tenderer and any subcontractors proposed in the tender must not be
named as not complying with the Workplace Gender Equality Act 2012.
2. The tenderer confirms that in dealing with its employees and independent
contractors, the tenderer has due regard to Commonwealth legislation and
policies on the engagement of workers and complies with Commonwealth
legislation and policies on the engagement of workers, including the Fair
Work Act 2009 (Cth), the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 (Cth) and obligations under relevant
occupational health and safety laws.
3. The tenderer and any subcontractors proposed in the tender are not
insolvent, bankrupt, in liquidation, or under administration or receivership
4. The tenderer, and any party proposed by the tenderer to provide any of the
Services, must not at the time of tender be listed as terrorists under section
15 of the Charter of the United Nations Act 1945 (Cth). A consolidated list
of such persons, entities and associated assets is maintained by the
Department of Foreign Affairs and Trade under the Charter of the United
Nations (Dealing with Assets) Regulations 2008 (Cth)
5. Bodies must be incorporated under the Corporations Act 2001 or be able to
become incorporated by the 31st July 2018.

11.1 Compliance with the Workplace Gender Equality Act 2012 (Cth)

(a) Commonwealth policy prevents the Commonwealth from entering into contracts with suppliers
who are non-compliant under the Workplace Gender Equality Act 2012 (Cth) (the WGE Act). The
Draft Contract requires that, in performing any contract, a successful tenderer must:

(i) comply with its obligations, if any, under the WGE Act, and

Page 11
 (ii) where the Term of the Contract exceeds 18 months, must provide a current letter
of compliance within 18 months from the Contract Commencement Date and
following this, annually to the Contract Manager.
(b) Successful tenderers should note that if during the term of the Contract, the Supplier becomes
non-compliant with the WGE Act, the Supplier must notify the Contract Manager. For further
information about coverage of the WGE Act, contact WGEA on (02) 9432 7000.
(c) Tenderers must indicate as part of the tenderers response at Attachment 2 – Tenderer Response
Form, 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 submission, or prior to
entering into contract.

12. What the tender needs to include

12.1 Satisfy the Minimum Content and Format Requirements

(a) Tenders must satisfy the Minimum Content and Format Requirements (i.e. mandatory
requirements). Subject to clause 12.1(a), if a tender does not satisfy the Minimum
Content and Format Requirements, it will be excluded from consideration (see clause 12).
(b) The Minimum Content and Format Requirements are set out in the following table:

No. Minimum Content and Format Requirement

1. The tenderer must complete and sign the Tenderer Response Form
(Attachment 2) in the format provided.
2. The tender must be written in English

12.2 Use the Attachments

(a) A tender should include the following documents:
(i) a completed checklist in the form of Attachment 1;
(ii) a completed Tenderer Response Form in the form of Attachment 2;
(iii) documents including the information required by each other Attachment to this
RFT.
(b) If the tender does not include a document addressing the information on insurance as
required by Attachment 8, the tenderer is taken to confirm that it and any subcontractors
can meet the proposed insurance requirements set out in Attachment 8.
(c) If the tender does not include a document addressing the information on compliance as
required by Attachment 9, the tenderer is taken to agree with all provisions of the Draft
Form of Contract.
(d) If the tender does not include a document addressing the information on confidentiality as
required by Attachment 10, the tenderer is taken to agree that none of the information in
its tender is confidential.
12.3 Alternative tenders
(a) A tenderer must submit a tender that complies with the requirements of this RFT.
However, the tenderer may also submit an alternative tender provided that a compliant
tender is also submitted. If a tenderer submits an alternative tender, the advantages,

Page 12
 disadvantages, limitations and capabilities of the alternative tender should be clearly
stated.
12.4 Consortium tenders
(a) A consortium may submit a tender on the basis that one legal entity will take full
responsibility. The tender should provide full details of that legal entity, the consortium
members and any proposed subcontractors.

13. When to lodge the tender

(a) Tenders must be lodged before the Closing Time.
(b) Any attempt to lodge a tender electronically after the Closing Time will not be permitted
by AusTender. Such a tender shall be deemed to be a late tender.
(c) The judgement of the Department as to the time a tender has been lodged will be final. In
particular:
(i) For tenders submitted electronically, the time displayed on AusTender is deemed
to be the correct time and will be the means by which the Department will
determine whether tenders have been lodged by the Closing Time; and
(ii) only tender files which have been uploaded in full and lodged with the tender by
the Closing Time will be considered.
(d) Any tender lodged after the Closing Time or received at any location (including any
Department location) after the Closing Time (other than through AusTender) will be
deemed to be a late tender. The Department will not accept a late tender, unless the tender
is late solely because of the Department’s own mishandling.
(e) The Closing Time can only be extended by the Department issuing an addendum in
accordance with clause 6.

14. How to lodge the tender

14.1 Electronic lodgement
(a) Tenderer responses must be lodged electronically via AusTender before the Closing Time
and in accordance with the tenderer response lodgement procedures set out in this ATM
documentation and on AusTender.
14.2 Tender Closing Time and Date
(a) Tenderer responses must be lodged before the Closing Time.
(b) 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 tenderer response has been lodged before the Closing Time, the
countdown clock will be conclusive.
14.3 Preparing to Lodge a Tenderer Response – Tender File formats, naming
conventions and sizes
(a) The Department will accept tenderer responses lodged in Microsoft Word 2000 (or
above), Microsoft Excel 2000 (or above) or PDF format.
(b) The Tenderer Response file name/s:
(i) Should incorporate the tenderer’s company name; and

Page 13
 (ii) Should reflect the various parts of the bid they represent, where the Tenderer
Response comprises multiple files.
(c) Tenderer response files must not exceed a combined file size of 5 megabytes per upload.
(d) Tenderer responses must be completely self-contained. No hyperlinked or other material
may be incorporated by reference. All supporting material that is not directly related to
this ATM should be provided in soft copy which must be received by the Department at
the address specified in Clause 14.5 within five business days following the Closing Time.
14.4 Scanned or Imaged Material, including Statutory Declarations
(a) In the event that a Tendering Department require clarification of the tenderer’s response,
the tenderer may be required to courier or security post the originals of the signature
and/or initialled pages to Department at the address specified at Clause 14.5 within five
business days of the Closing Time and date specified in Clause 14.2(a).
14.5 Address for the lodgement of Supporting Material and/or Scanned or Imaged
Material, including Statutory Declarations
(a) In the event that a tenderer is required to provide Supporting Material in accordance with
Clause 14.3(d) or Scanned or Imaged Material, including Statutory Declarations in
accordance with Clause 14.4(a) the address for requesting lodgement is:
ozonetender@environment.gov.au
(b) If a tenderer intends to lodge supporting material in accordance with Clause 14.3(d) the
tenderer must indicate this intention at Attachment 2 (Tender Response Form).

15. After lodging the tender

15.1 Correcting tenders or providing additional information
(a) If, after lodgement, a tenderer becomes aware of any discrepancy, error or omission in its
tender, it may submit a correction or provide additional information. The correction or
additional information must be provided by the Closing Time by lodging it electronically
using AusTender.
15.2 Tender validity period
(a) In lodging a tender, the tenderer acknowledges that its tender remains valid and open for
acceptance by the Department for a period of nine months from the Closing Time.
15.3 Ownership of tender documents
(a) All tender documents become the property of the Department on lodgement. However,
subject to clause 15.3(b), ownership of the intellectual property in the tender documents
will remain unchanged.
(b) The Department may use and copy the tender documents as it requires for the purposes of
the RFT process, evaluating tenders, negotiating and preparing an agreement, audit
requirements and complying with governmental and parliamentary reporting requirements
including requests for information by Parliament or Parliamentary Committees.
15.4 Publicity
(a) Tenderers must not furnish any information, make any statement or issue any document or
other written or printed material concerning the acceptance of any tender in response to
this RFT for publication in any media without the prior written approval of the
Department.

Page 14
Department's evaluation process
16. Step 1 – Screening
(a) The Department will screen all tenders received for completeness, unintentional errors of
form, clarity and compliance with this RFT.
(b) The Department will exclude a tender from consideration if:
(i) subject to clause 13, the tender is lodged after the Closing Time
(ii) the tenderer does not satisfy the Conditions for Participation
(iii) subject to clause 12.1, the tender does not satisfy the Minimum Content and
Format Requirements
(iv) the tender includes electronic files that cannot be read or decrypted
(v) the tender is lodged electronically and is found to contain a virus, worm or other
disabling feature, or
(vi) the Department believes the tender potentially contains any virus, malicious code
or anything else that might compromise the integrity or security of AusTender
and/or the Department’s computing environment.
(c) The Department may at any time exclude a tender from consideration if:
(i) the tender is incomplete
(ii) prices are not clearly and legibly stated
(iii) the tenderer or tender does not comply with this RFT
(iv) the tenderer is not fully capable of undertaking a contract in the form of the Draft
Form of Contract
(v) the tender is clearly uncompetitive when compared with the other tenders
received
(vi) the tender is rated unsuitable or unsatisfactory against one or more of the
Evaluation Criteria, or
(vii) the tenderer does not substantially comply with the Draft Form of Contract.

17. Step 2 – Evaluating remaining tenders

(a) Tenders will be assessed on the basis of value for money through the application of the
Evaluation Criteria. Value for money is a comprehensive assessment that takes into
account both price and the value represented by the assessment of capability and capacity,
in the context of the risk profile presented by each tender.

Page 15
 (b) The Evaluation Criteria are set out in the following table:

No. Evaluation Criteria Detail Weighting

1. Capability and The capability of the tenderer to provide the Services 95%
Capacity – in accordance with the Statement of Requirement at
Attachment 4 and Schedule 1, which the Tender Assessment Panel will
Attachment 5 assess, having regard to:
The suitability of the tenderer’s proposed approach to
the delivery of services including the organisations’
proposed arrangements for:
 risk, quality and performance management,
 stakeholder engagement and
 working effectively with the Department and
other service providers to identify and
implement solutions to improve delivery of
services
The capacity of the tenderer to provide the Services in
accordance with the Statement of Requirement at
Schedule 1, including:
 The tenderer organisation’s skills, experience
and past performance
 The skills, experience and past performance of
the tenderer’s personnel (including staff and/or
subcontractors)
 capacity to provide and maintain continuity of
services over the required period
 The Tenderer’s financial capacity.
 How the Tender will increase its purchasing
from Indigenous enterprises and employment
of Indigenous Australians.
2. Price – All costs, fees, allowances and charges associated with unweighted
Attachment 6 the implementation and completion of contract
obligations
3. Economic Benefit The production of economic benefit to Australia 5%
- Attachment 7 through the delivery of the Services. Refer to clause 30
for further information.

Page 16
 No. Evaluation Criteria Detail Weighting
4. Risk Any risks inherent in the tender. For example: unweighted
 any actual or perceived conflict of interest
 level of compliance with this RFT (including the
Draft Form of Contract)
 adequacy of insurance proposed by the tenderer
 any other risks identified during the evaluation
 potential impacts from ineffective relationships
between multiple service providers

(c) For each service category applied for, the tender will be evaluated using the following
approach:
(i) Assessment of the technical worth of tenders using Evaluation Criterion 1
(Attachment 4 – Capability and Capacity Application Administration and
Attachment 5 – Capability and Capacity Industry Engagement and Permit
Monitoring) and Evaluation Criterion 3 (Attachment 7 – Economic Benefit)
(ii) Financial assessment of tendered prices (Attachment 6), and
(iii) Assessment of best value for money by a comparison of technical worth as
against tendered prices and risks associated with tenders, to determine best value
for money.
(d) The Department is not obliged to accept the lowest priced tender. Value for money
involves assessing various factors over the entire procurement cycle.

18. Additional steps

18.1 Clarification, additional information and corrections
(a) After the Closing Time, the Department may engage in any discussions with, or seek
clarification on any matter from, any tenderer.
(b) The Department may require a tenderer to submit additional information to allow further
consideration of its tender.
(c) If the Department considers that there is an unintentional error of form in a tender, the
Department may give the tenderer an opportunity to correct the error. If the Department
gives a tenderer an opportunity to correct an unintentional error of form, it will give the
same opportunity to all tenderers in the same position.
18.2 Independent inquiries
(a) The Department may make independent enquiries about any of the matters that may be
relevant to the evaluation of any tender.
(b) The Department reserves the right to contact tenderers' referees, or any other person,
directly and without notifying tenderers.
18.3 Short listing
The Department may short list tenders at any time.

Page 17
 18.4 Presentations, interviews, site visits and samples
(a) Some or all tenderers may be required to give a presentation.
(b) Some or all tenderers may be required to attend an interview.
(c) The Department may undertake a visit to some or all tenderers' sites as part of its
evaluation process.
(d) Some or all tenderers may be required to provide samples for inspection or testing by the
Department.
(e) The requirements, if any, for tenderer presentations, interviews, site visits or samples will
be notified to the relevant tenderers by the Department after the Closing Time.
18.5 Security, probity and financial checks
(a) The Department may conduct such security, probity and financial (including credit)
checks as it deems necessary on tenderers, their partners, associates or related entities
(including consortium members) or their officers or employees, or any subcontractors, for
the purpose of evaluating tenders or at any other stage of the RFT process. These checks
may require individuals to sign forms verifying information relating to that individual and
authorising the provision of confidential or personal information.
(b) Tenderers must provide, at their own cost, all reasonable assistance required by the
Department in undertaking and conducting the security, probity and financial checks.
(c) The Department reserves the right to request financial statements and other information
relevant to determining the financial viability of tenderers, their partners, associates, or
related entities including consortium members.

19. Negotiations with tenderers

(a) After the Closing Time, the Department may enter into negotiations with any one or more
tenderers.
(b) Without limiting clause 19(a), during the negotiations the Department may engage in
detailed discussions with the goal of maximising the benefits to the Department, as
measured using the Evaluation Criteria.
(c) Without limiting its other rights under this RFT, if in the Department's view during final
negotiations a preferred tenderer retracts, or attempts to retract, agreements under which
material business, financial, technical and legal issues were resolved during negotiations,
the Department may reject the preferred tenderers tender, discontinue negotiations with
that tenderer, re-enter negotiations with other tenderers (including or excluding the
preferred tenderer), and exercise any other right the Department has under this RFT, at
law or otherwise.

20. Execution of formal agreement

(a) Nothing in this RFT, or the submission of any tender in response to it, or any conduct or
statement whether before or after the issue of this RFT constitutes a contract, express or
implied, with the Department. The Department intends that no contract will be formed
unless and until the Department signs a formal contract with a preferred tenderer.
(b) The Department will require the execution of a formal contract and a preferred tenderer
must, within seven days after being required in writing by the Department to do so,
execute such a contract based on the Draft Form of Contract.

Page 18
 (c) If the circumstances of the RFT process give rise to a pre-award contract, contrary to
clause 20(a), the Department’s liability for breaching the pre-award contract is limited to
expenditure reasonably incurred by the relevant tenderer in tendering for this project, and
does not include liability for any loss of profits or opportunity, or any other losses of the
tenderer.

21. Advice to unsuccessful tenderers and opportunity for debriefing

(a) After the end of the RFT process, the Department will notify each unsuccessful tenderer
that its tender has not been accepted, and will offer the opportunity for a debriefing (at the
time and in the manner the Department reasonably determines).

Page 19
General conditions
22. Ownership of RFT documents
(a) All documents comprising this RFT remain the property of the Department. Each tenderer
is permitted to use them for the purpose only of compiling a tender and, where relevant,
negotiating the terms of an agreement with the Department.
(b) All copyright and other intellectual property rights contained in this RFT are and remain
vested in the Department and any third party who has given the Department permission to
incorporate them in this RFT.

23. Return or destruction of Department’s information

The Department may, at any stage, require all written or electronically stored information
(whether confidential or otherwise and without regard to the type of media on which such
information was provided to any tenderer) provided to tenderers (and all copies of such
information made by tenderers) to be:
(a) returned to the Department – in which case the tenderer must promptly return all such
information to the address identified by the Department; or
(b) destroyed by the tenderer – in which case the tenderer must promptly destroy all such
information and provide the Department with written certification that the information has
been destroyed.

24. Important notices about this RFT

(a) Tenders are made on the basis that each tenderer acknowledges that:
(i) it has examined the RFT, any documents referred to in it, and any other
information made available in writing by the Department to tenderers for the
purpose of participating in the RFT process;
(ii) this RFT is designed to summarise information concerning the Department's
requirement only and is not necessarily a comprehensive description of it;
(iii) to the maximum extent permitted by law, neither the Department, nor its
employees, advisers or agents will in any way be liable to any person or body for
any cost, expense, loss, claim or damage of any nature arising in any way out of
or in connection with the statements, opinions, projections, forecasts or other
representations, actual or implied, contained in or omitted from this RFT or by
reason of any reliance on them by any person or body;
(iv) it has sought and examined all necessary information which is obtainable by
making reasonable enquiries relevant to the Department’s requirement including
the risks and other circumstances which may affect a tender;
(v) in lodging its tender, it did not rely on any express or implied statement, warranty
or representation, whether oral, written, or otherwise made by or on behalf of the
Department other than as expressly contained in this RFT or an addendum to this
RFT issued by the Department;
(vi) it did not use the improper assistance of Department employees;
(vii) it has satisfied itself as to the correctness and sufficiency of its tender; and

Page 20
 (viii) it will comply with the terms and conditions set out in this RFT.
(b) The Department believes the contents of this RFT to be accurate at the date of this RFT.
The accuracy of any statements, opinions, projections, forecasts, representations or other
information (Statements) contained in this RFT may change. Where any Statement relates
to future matters, no steps have been taken to verify that the Statement is based on
reasonable grounds, and, to the maximum extent permitted by law, no representation or
warranty, expressed or implied, is made by the Department, or any of its officers,
employees, advisers or agents that the Statement is accurate.

25. Disclosure of tender information

25.1 Freedom of information
(a) Tenderers should be aware that the Department is subject to the operation of the Freedom
of Information Act 1982 (Cth) (FOI Act), which allows public access to Government
documents. If this is of concern, the FOI Act provides avenues for submissions to be
made that particular information about the business, commercial or financial affairs of an
entity or undertaking should not be disclosed.
25.2 Disclosure of contracts
The Department is subject to a number of specific requirements, which support internal and
external scrutiny of its tendering and contracting processes. These include:
(a) the requirement to publish details of its agreements, Commonwealth contracts and
standing offers with an estimated liability of $10,000 or more in AusTender;
(b) the requirement to report a list of contracts valued at $100,000 or more and to identify
confidentiality requirements in accordance with the Senate Order on Department and
Department Contracts; and
(c) the requirement to publish information about certain procurements in Annual Reports.
25.3 Sub-contractors
(a) The Department is required under the Commonwealth Procurement Rules to make
available on request by any person the details of any subcontractors engaged by a
contractor in the performance of a Commonwealth contract for procurement.
(b) In submitting a response to this RFT, a tenderer will be confirming that it consents to the
public disclosure of the name, ABN and address of, and work to be performed by, a
subcontractor, and that all proposed subcontractors have consented to the disclosure of
this information, if the tenderer is selected to enter into a contract with the Department for
the provision of the goods or Services described in this RFT.
25.4 Confidentiality
(a) Tenderers may specify information contained in their tender that they consider to be
confidential information, and subject to this clause 25.4, the Department will treat such
information as confidential, and will only use that information for the purposes of the RFT
process.
(b) The Department may, without the need to notify any tenderer, disclose or allow the
disclosure of, at any time, any information provided by tenderers, including their tenders:
(i) to the Department’s advisers or employees solely in order to evaluate or otherwise
assess the tender;

Page 21
 (ii) to the Department’s internal management personnel for purposes related to the
RFT process;
(iii) to the responsible Minister;
(iv) in response to a request by a House or a Committee of the Parliament of the
Commonwealth of Australia;
(v) within the Department, or with another Department or agency, where this serves
the Commonwealth’s legitimate interests;
(vi) where information is authorised or required by law to be disclosed; or
(vii) where the information is in the public domain otherwise than by a
Commonwealth disclosure.
(c) Following contract award, clause 25.4(a) will cease to apply to a successful tenderer.
After that time, the Department will only keep information provided by a successful
tenderer confidential where:
(i) the tenderer requested in the tender that specific information be kept confidential;
(ii) the specific information is by its nature confidential; and
(iii) the Department agrees to that request.
(d) Tenderers should indicate in their response (see Attachment 10) what information they
consider should be protected as confidential information following contract award, if
selected as successful, and the reasons why they consider that information is confidential.
Tenderers should understand that Commonwealth policy is that information should not be
subject to an obligation of confidence unless there is a good reason to do so. In this
regard, tenderers should have regard to the Department of Finance’s publication
“Confidentiality throughout the procurement cycle” (available at
http://www.finance.gov.au/procurement/procurement-policy-and-
guidance/buying/contract-issues/confidentiality-procurement-cycle/principles.html ).
(e) Information that the Department agrees to keep confidential following contract award will
be described in the contract entered into with the successful tenderer.
25.5 The Department’s confidential information
(a) Tenderers must not, and must ensure that their employees, agents or subcontractors do not,
either directly or indirectly record, divulge or communicate to any person any confidential
information concerning the affairs of the Department, the Commonwealth or a third party
acquired or obtained in the course of preparing a Tender, or any documents, data or
information provided by the Department and which the Department indicates to tenderers
is confidential or which tenderers know or ought reasonably to know is confidential.
(b) The Department may require that all written information (whether confidential or
otherwise and without regard to the type of media on which such information was
provided to tenderers) provided to tenderers (and all copies of such information made by
tenderers) be:
(i) returned to the Department - in which case tenderers will be required to promptly
return all such information to the address identified by the Department; or
(ii) destroyed by tenderers - in which case tenderers will be required to promptly destroy
all such information and provide the Department with written certification that the
information has been destroyed.

Page 22
 (c) The Department may exclude from further consideration any Tender lodged by a tenderer
who has engaged in any behaviour contrary to clause 7 (Tenderer Behaviour).
25.6 Australian National Audit Office
(a) The attention of tenderers is drawn to the Auditor-General Act 1997 (Cth), which provides
the Auditor-General or an authorised person with a right to have, at all reasonable times,
access to information, documents and records.
(b) Tenderers should obtain, and will be deemed to have obtained, their own advice on the
impact of the Auditor-General Act 1997 (Cth) on their participation in the RFT process.

26. Department’s rights

Without limiting its rights at law or otherwise, the Department may:
(a) amend this RFT;
(b) suspend or discontinue the RFT process (including during negotiations), where the
Department considers that:
(i) it is in the public interest to do so
(ii) no tender meets the Minimum Content and Format Requirements
(iii) no tenderer meets the Conditions for Participation
(iv) no tenderer is fully capable of undertaking a contract in the form of the Draft
Form of Contract, or
(v) no tender represents value for money.
(c) before final selection (with or without short listing) enter into negotiations with one or
more tenderers (including parallel negotiations with more than one tenderer or
negotiations with all tenderers without short listing);
(d) discontinue negotiations with any tenderer at any time for any reason;
(e) require additional information or clarification from any tenderer or anyone else;
(f) provide additional information or clarification;
(g) negotiate with any person who is not a tenderer and enter into a contract with that person
on such terms as the Department in its absolute discretion accepts, in circumstances where
a limited tender procurement method is permitted by the Commonwealth Procurement
Rules;
(h) add to, alter, delete or exclude the Department’s technical requirements;
(i) publish or disclose the names of tenderers (whether successful or unsuccessful);
(j) allow or not allow a related body corporate to take over a tender in substitution for the
original tenderer;
(k) change the structure and timing of the RFT process;
(l) vary or extend any time or date in this RFT at any time and for such period as the
Department in its absolute discretion considers appropriate. The Department will issue an
addendum notifying any decision to extend.
(m) enter into any contractual arrangements or arrangements which will best meet the
Department's needs.

Page 23
27. Public Statements
(a) Except with the prior written approval of the Department, tenderers must not make a
statement, issue any document or material or provide any other information for
publication in any media, concerning Tender evaluation, the acceptance of any Tender,
commencement of negotiations, creation of a shortlist, or notification that a tenderer is the
preferred tenderer.
(b) The Department may exclude a Tender from further consideration if the tenderer does not
comply with this requirement.

28. Relevant laws

(a) The law applying in the Australian Capital Territory applies to this RFT and to the RFT
process.
(b) Each tenderer must comply with all relevant laws and Commonwealth policy in preparing
and lodging its tender and taking part in the RFT process including but not limited to:
(i) Public Governance, Performance and Accountability Act 2013 (Cth) and
associated instruments and related Commonwealth Rules. policies and guidelines.
(ii) Division 137.1 of the Criminal Code which makes it an offence to knowingly
provide false or misleading information to a Commonwealth entity;
(iii) The Freedom of Information Act 1982 (Cth) which gives members of the public
rights of access to certain documents of the Commonwealth;
(iv) The Auditor-General Act 1997 (Cth) which allows the Auditor-General to
conduct a review or examination, at any time, of any aspect of the operations of
Australian Government agencies;
(v) The Ombudsman Act 1976 (Cth) which authorises the Ombudsman to investigate
the administrative actions of Australian Government departments and agencies
and to investigate the actions of certain Australian Government contractors;
(vi) The Competition and Consumer Act 2010 (Cth) which aims to enhance the
welfare of Australians through the promotion of competition and fair trading and
provision for consumer protection; and
(vii) The Privacy Act 1988 (Cth) which aims to ensure that contractors and their
subcontractors do not engage in an act or practice that would breach the
Australian Privacy Principles.

29. Indigenous Procurement Policy

(a) Tenderers should note that the Indigenous Procurement Policy applies to this procurement.
More information on the Indigenous Procurement Policy can be found at
www.dpmc.gov.au/indigenousaffairs.
(b) In particular, tenderers should note the purpose of the Indigenous Procurement Policy is to
stimulate Indigenous entrepreneurship and business development, providing Indigenous
Australians with more opportunities to participate in the economy (see the Indigenous
Procurement Policy for further information).

Page 24
 (c) In its Tender, each tenderer is requested to detail how it will increase its:
(i) purchasing from Indigenous enterprises (being an organisation that is 50 per cent
or more Indigenous owned that is operating a business); and
(ii) employment of Indigenous Australians,
in the delivery of any resulting Contract.
(d) Purchases from an Indigenous enterprise may be in the form of engagement of an
Indigenous enterprise as a subcontractor, and/or use of Indigenous suppliers in the
tenderer's supply chain.

30. Australian Industry Participation Plan

(a) Tenderers should note that successful tenderers may be required to prepare an Australian
Industry Participation Plan for any resulting contract to deliver the required services.
(b) More information on the Australian Industry Participation (AIP) Plan including a user
guide for developing an AIP Plan can be found at
https://industry.gov.au/industry/IndustryInitiatives/AustralianIndustryParticipation/Pages/
AIP-Plans-for-Commonwealth-Government-Procurement.aspx

31. Economic Benefit

(a) Tenderers should demonstrate the extent to which their Services will provide an economic
benefit for Australia. There are many ways in which tenderers may demonstrate how their
Services will provide an economic benefit to the Australian economy. These may include,
where relevant to the Services:
(i) competitive pricing;
(ii) building, leasing or procuring infrastructure that supports Australian
communities;
(iii) providing skills and training that benefit Australian communities;
(iv) employing workers in Australia;
(v) the environmental benefit of the proposed solution to Australia, for example, low
environmental impact through energy efficient inputs;
(vi) contributing to positive social outcomes in Australian communities;
(vii) engaging indigenous businesses, SMEs in the delivery of the Services, such as a
subcontractor or a supplier;
(viii) sharing knowledge, skills and technology with indigenous businesses, SMEs; and
(ix) using goods and services from a business that provides services of persons with a
disability.

32. Conflicts of Interest

(a) Tenderers should represent and declare in Attachment 2 (Tenderer Response Form)
whether, at the time of lodging their Tender, an actual, perceived or potential conflict of
interest concerning itself or a related entity exists, or might arise during the term of the
Contract or in relation to the Tender.

Page 25
 (b) A conflict of interest means any matter, circumstance, interest, or activity affecting the
tenderer (including the officers, employees, agents and subcontractors of the tenderer)
which may or may appear to impair the ability of the tenderer to perform the Contract
diligently and independently.
(c) A conflict of interest is also taken to exist if any of the circumstances in clauses 32(b)
exist in relation to:
(i) a body corporate of which the tenderer (if an individual), or any of its personnel,
is an executive officer or beneficial owner (as those terms are defined in the
Australian National Registry of Emission Units Regulations 2011);
(ii) a trust, other than a trust that is a government superannuation fund established by
legislation, of which the tenderer or any of its personnel is the trustee or
beneficiary; or
(iii) a member of the immediate family or household of the tenderer (if an individual)
or of any of its personnel.
(d) If at any time prior to entering into the Contract, an actual, perceived or potential conflict
of interest concerning itself or a related entity arises or may arise for any tenderer, that
tenderer should immediately notify the Department’s Request for Tender Project Officer
via email to ozonetender@environment.gov.au.
(e) If a conflict of interest arises, the Department may:
(i) exclude the Tender from further consideration
(ii) enter into discussions to seek to resolve the conflict of interest, or
(iii) take any other action it considers appropriate.

33. Dictionary
In this RFT, unless the contrary intention appears:
Business Day means a day that is not a Saturday, Sunday or bank or public holiday
in the Australian Capital Territory.
Closing Time means the Closing Time specified on the front page of this RFT, as
amended by any addendum in accordance with clause 6(a).
Condition for means a Condition for Participation set out in clause 11(b).
Participation
Department means the Commonwealth of Australia as represented by the
Department of the Environment.
Draft Form of means the draft contract provided with this RFT.
Contract
Evaluation Criteria means the Evaluation Criteria set out in clause 17(b).
Minimum Content and means a Minimum Content and Format Requirement set out in
Format Requirement clause 12.1(b).
RFT means this request for tender, including the Schedules, Attachments
and Draft Form of Contract.

Page 26
Statement of means the Statement of Requirement as set out in Schedule 1.
Requirement
Tenderer Response Means Attachment 2.
Form

Page 27
Schedule 1 – Statement of Requirement
PART A – Application Administration Service Category

1. Overview
(a) The key objective of application administration is to ensure all technicians and
organisations handling, trading in and/or disposing of Ozone Depleting Substances (ODS)
and Synthetic Greenhouse Gases (SGG) in Australia are suitably knowledgeable and
competent to appropriately handle bulk gas or related equipment and minimise the release
of ODS and SGG into the atmosphere.
(b) Application administration services are required for operation of the fire protection
industry and the refrigeration and air conditioning industry permit schemes. Specific
services required for administration of these permit schemes are set out below.
(c) The services required under this category include:
(i) a range of permit application assessment functions, these are:
(A) Receive permit applications, collect and remit application fees
(B) Storage and access to application data and records, and
(C) Assessment of permit applications.
(ii) Provide advice on relevant competency and training requirements, noting industry
is transitioning to new technologies and during a period of reform in the
vocational education and training system.
(d) Indicative data on applications and enquiries currently received each month and average
application processing times for each permit scheme are provided at Attachment 11.
(e) Tenderers should represent and declare in Attachment 2 (Tenderer Response Form)
whether, at the time of lodging their Tender, an actual, perceived or potential conflict of
interest concerning itself or a related entity exists, or might arise during the term of the
Contract or in relation to the Tender.

2. Services required
2.1 Receive permit applications, collect and remit application fees
(a) The Service Provider is expected to provide convenient mechanisms for applicants to
contact them and lodge applications, including the ability for softcopy and hardcopy
applications to be submitted (e.g. via post and online via desktop and mobile devices).
Examples of current application forms are available here: www.arctick.org and
www.fpib.com.au
(b) Application forms must be made available on the permit scheme website, noting this
website will be developed and published by the service provider engaged by the
Department to provide industry engagement and permit monitoring services.
(c) Information on how to submit and pay for permit applications is expected to be developed
in consultation with the industry engagement and permit monitoring service provider and
made readily available and accessible, including, but not limited to, in written guidance
provided on the permit scheme website.

Page 28
 (d) The Service Provider is also expected to provide high quality, consistent and timely
customer service support and respond to enquiries regarding permit applications from
members of the regulated industries and the general public, including via a telephone
enquiry hotline and email address.
(e) The Service Provider will be responsible for the collection of application fees and for the
remittance of all permit fees to the Department. Collection and remittance of permit fees
will be undertaken in accordance with approved procedures to ensure compliance with
Commonwealth requirements for handling of money by persons outside the
Commonwealth.
(f) Application fees for all types and durations of licences and authorisations available
through the permit scheme are prescribed in the Regulations. Applications fees collected
through the permit schemes are Consolidated Revenue Fund money as defined in section
105(2) of the Public Governance, Performance and Accountability Act 2013.
2.2 Storage and access to application data and records
(a) The Service Provider will collect and store application information using secure IT
systems and a reliable data management software system which meet minimum
government requirements for IT security available at
www.protectivesecurity.gov.au/Pages/default.aspx.
(b) Application information to be recorded includes, but is not limited to:
(i) the type and duration of permit applied for and granted,
(ii) decision made and sub-regulation under which a decision to grant a permit was
made,
(iii) justification for decision to grant or deny an application, and
(iv) relevant applicant details and any additional information requested.
(c) Application information will be used by the Service Provider to provide the following
services:
(i) Publishing of non-identifying, non-confidential information, in accordance with
the Privacy Act 1988, supplied by persons applying for a permit; or by persons
holding a permit in relation to the records maintained as a condition of holding a
permit.
(ii) Disclosure, upon request by an individuals’ employer, the permit status, type and
expiry date of a permit held under the fire protection permit scheme.
(iii) Undertake analysis of permit application activity data and provide regular
summary reports to the Department. This analysis will inform strategic operation
and continual improvement of the permit schemes and the Ozone Protection and
Synthetic Greenhouse Gas Program and should include, for example, analysis of
permit application by location, industry and permit type to inform targeting of
communication and engagement activities.
(d) Application information, such as time taken to assess applications and records of decision
making will be used to inform reconsiderations of decisions, as well as regular
performance review and audit activities.
(e) Application information must be made available for access by the Department. The
Service Provider must also provide access to the database to the Department and other
related services provider(s) potentially engaged by the Department to deliver

Page 29
 communication and engagement services. This access is to enable the other service
provider(s) to input information and results of engagement activities such as permit
condition checks. The Service Provider is also required to provide training in the proper
use of the database to a small number of (e.g. five) employees of the Department and/or
the Departments’ other service providers.
(f) Historic application information may be transferred to the Service Provider(s) from
current databases including VETtrak www.vettrack.com.au (fire protection permit
scheme), and/or Membership Today www.membershiptoday.com (refrigeration and air
conditioning permit scheme).
2.3 Assessment of permit applications
(a) Following receipt of completed applications and application fees, the Service Provider
must assess whether each applicant meets each of the requirements for the relevant permit
(qualified, restricted or trainee licence or authorisation) set in the Regulations.
(b) Based on this assessment the Service Provider will:
(i) issue permits with permit conditions
(ii) seek additional information from applicants to make an informed decision on
whether to grant a permit
(iii) determine the period of time for which a permit is in force
(iv) determine cases for refusal, and
(v) confirm, vary or reverse decisions upon request (application for reconsideration of
a decision).
(c) The Service Provider will develop, document and implement assessment procedures to
ensure permits are only granted in accordance with the Regulations, including upon
evidence that the applicant:
(i) has made a suitable application
(ii) is suitably knowledgeable/competent
(iii) is a fit and proper person
(iv) has suitable business premises/practices, and
(v) restricts possession and handling of gas to appropriate types of permit holders.
These procedures will also specify how assessments will take into consideration any gaps
in training availability or changes to competency requirements.
(d) The majority of permit applications are currently assessed and decided within one to five
business days following receipt of a complete application. As a minimum, all permit
decisions must be made within 30 days following receipt of a complete application, as
stipulated in the Regulations.
2.4 Maintain relevant competency and training requirements
(a) The permit schemes are competency based schemes underpinned by nationally endorsed
training. To be eligible for licences, applicants must demonstrate that they have completed
relevant qualifications and/or units of competency, or have equivalent competencies. For
example as assessed by a registered training organisation (RTO).

Page 30
(b) The refrigeration and air conditioning industry is evolving quickly and transitioning
towards technologies containing refrigerants with a lower global warming potential in
order to meet regulatory and market imperatives. New technologies and extinguishing
agents are also being developed to replace scheduled substances used in the fire protection
industry.
(c) To ensure the responsible management of scheduled substances within the industries, it
will be essential that the Service Provider stays informed of both changing industry
technologies and work practices, and the ongoing adequacy and appropriateness of permit
scheme training requirements.
(d) Currency and suitability of training and competencies required to reduce emissions of
ODS and SGG will require the Service Provider to maintain good knowledge and
understanding of the regulated industries. It will be essential that the Service Provider
liaise regularly with the Industry Advisory Bodies and the industry engagement and
permit monitoring service provider to maintain and apply this up-to-date knowledge to
administration of permits.
(e) The Service Provider will be required to provide the services listed under points (i) to (iv)
below to ensure that permit holders have the necessary competencies to safely minimise
emissions of ODS and SGG and, at the same time, competency requirements do not place
unnecessary burden on industry:
(i) With respect to licensing qualification/unit of competency requirements:
(A) provide advice to the Department on the suitability of qualifications and
units of competencies
(B) recommend any changes, if required, and
(C) maintain and publish a list of current and superseded qualifications and/or
units of competency or other evidence requirements that can be used to
gain a licence.
(ii) With respect to training content suitability:
(A) provide advice, as required, on any gaps or issues with relevant training
(B) work with the Department to address any gaps, and
(C) liaise with members of the regulated industry, the Commonwealth
Department of Education and Training and relevant organisations such as
Industry Reference Committees or Skills Service Organisations.
(iii) With respect to training delivery issues:
(A) gain and report information on any substandard training (e.g. through
liaising with training provider regulators, relevant government agencies
and receiving complaints from trainees or employers), and
(B) determine whether competencies of permit applicants or holders are
affected by delivery of substandard training and provide advice on
measures to address any gaps (e.g. require technicians to undertake
additional training).
(iv) With respect to training availability and supply:
(A) monitor the supply by RTOs of training required for the permit scheme
(B) report on any deficiency or gaps in supply throughout Australia, and

Page 31
 (C) engage with RTOs, as needed, to provide information on permit scheme
training requirements and maintain knowledge of the training being
provided to industry.

3. Business plans and internal procedures

(a) To ensure consistency and transparency, application administration and decision making
is expected to be supported by guidelines, procedures and policies developed by the
Service Provider and approved for use by the Department. These are expected to include,
as a minimum, procedures or guidelines for:
(i) application processing, assessment and decision making,
(ii) reconsideration of decisions upon request
(iii) customer service charter
(iv) handling of Other Consolidated Revenue Fund (CRF) money
(v) publication of applicants details (non-confidential, non-identifying information)
(vi) information security incident handling
(b) Other business plans also expected to be developed include:
(i) Risk Management Plan
(ii) Information Security Plan
(iii) Fraud Control Plan and
(iv) Transition Plan.
(c) All procedures and guidelines must be made available to the Department for review and
approval. A timeframe for development of each procedure and guideline is expected to be
agreed to in the Transition-In Plan to be developed upon commencement of services.
Procedures and guidelines must be reviewed and updated at least once every two years by
the Service Provider and following any change to the procedures or guidelines.

Page 32
4. Reporting on application administration
(a) It is proposed that the Service Provider will report to the Department in accordance with
the report type, format and frequency as described in the table below. Details are to be
discussed and agreed during contract negotiation.

Proposed report type and content Proposed frequency and

format

Permit activity report Monthly, within five

A report detailing permit activity. This could include, for example: business days after the end of
each calendar month, or as
(a) the number of new permit applications received (by permit type)
otherwise agreed in writing
(b) the number of permit renewal applications received (by permit with the Department.
type)
Format is to be agreed upon
(c) the number and type of permit applications granted, brief by the Department (template
justification for each decision, which subregulation the permit was
granted under and time taken to process application (from receipt to be submitted to the
of application to communication of decision) Department within two
months of the contract start
(d) the number of permit applications denied or refused, justification
date for review and
for each refusal and time taken to process application (from receipt
of application to communication of decision) approval).

(e) number of request for reconsideration of decisions received and

outcomes of reconsideration.
(f) the amount of Gross Income collected on behalf of the
Commonwealth (including any interest earned on the Gross
Income)
(g) other relevant permit application data including:
 number or permit holders whose permit expires and is not
renewed
 period of time between licence expiration and any
reapplications (i.e. by the same applicant who previously
held a licence)
 permit numbers by industry sector and location (e.g. state or
territory)
 analysis or summary of key reasons provided for lapse in
renewing, and
(h) analysis of permit application data (including comparison with
historical data) to identify changes and trends in applications and
explanation, where possible, of factors and drivers contributing to
or causing these changes and trends.

Page 33
Annual permit activity report Annually, within 25 business
A report detailing permit activity for the past 12 months including: days after the end of each
financial year, or as
(a) the number of permit applications received (by permit type)
otherwise agreed in writing
(b) the amount of Gross Income collected on behalf of the with the Department.
Commonwealth (including any interest earned on the Gross
Income) Format is to be agreed upon
by the Department, but could
(c) the number and type of permit applications granted
be in a word document and in
(d) the number of permit applications denied or refused and the a follow-up face-to face
reason(s) for each individually presentation (template to be
(e) analysis of permit application data (including comparison with submitted to the Department
historical data) to identify changes and trends in applications within two months of the
(f) explanation, where possible, of factors and drivers contributing to contract start date for review
or causing these changes and trends and approval).
(g) forecast of permit activity
Report on competency and training requirements Frequency to be monthly and
A report detailing any changes and issues impacting or likely to impact as otherwise needed.
on the permit scheme and recommended actions to address any Format is to be agreed upon
impacts.
by the Department, but could
be a verbal presentation with
accompanying PowerPoint
report provided at monthly
progress meeting and more
detailed reports for more
complex issues and
recommended actions.

Self-assessed performance report Monthly within five business

days after the end of each
A self-assessment of performance against relevant performance criteria
calendar month, or as
and all deliverables which fall due in the reporting month.
otherwise agreed in writing
This report will inform the Department’s assessment of the Service with the Department.
Provider’s performance and invoice payment Format is to be agreed upon
by the Department (template
to be submitted to the
Department within two
months of the contract start
date for review and
approval).
Financial Reporting
Financial report of actual expenditure and costs to delivery services Monthly or Quarterly, format
including breakdown by staff and executive manager salaries and other to be determined by the
business costs (such as office rent, IT costs etc.). Could include time Department.
spent and hourly/daily rates for components of services where
applicable.

Page 34
 Independent Financial Audit, including an independent audit opinion, Annually, within 30 business
and report on: days after the end of each
financial year.
(a) The Account, including: all Gross Income (including interest
earned on the Gross Income) collected on behalf of the Word document reports
Commonwealth, and all Gross Income paid on behalf of the provided by email.
Commonwealth.
(b) The Service Provider’s operational account including: all salaries
and expenses paid by the Service Provider relating to the
Services.
The Service Provider’s compliance with each of the contractual
requirements for management of other Consolidated Revenue Fund
money.

5. Meetings and knowledge transfer

(a) It is proposed that the Service Provider will undertake the following meetings in accordance with
the meeting type, frequency and place as described in the table below. Details are to be discussed
and agreed during contract negotiation.

Meeting type and content Proposed Frequency Proposed place and

Induction and transition in Estimated 2-3 meetings
within first two months
following the contract
start date.
Co-ordination meeting with other related Fortnightly (month 1-2),
services providers (if required): Monthly (month 2-4) and
To discuss Service Provider’s delivery of once every two months
required services and manage contingencies (month 5 and onwards),
or impacts on related Departmental service or as otherwise agreed.
providers.
Progress meetings: Fortnightly (month 1-2)
To discuss Service Provider’s delivery of and monthly, from month
required services including reports, 3 onwards or as otherwise
deliverables and progress towards agreed to in writing by the
achieving performance measures. Department.
Ad-hoc meetings Estimated 12 meetings
per year.
Annual review meetings Once per year
attendees
Department’s offices in
Canberra, or as agreed to in
writing by the Department.
Via tele/video conference,
or as otherwise agreed to in
writing by the Department.
Attendees to be agreed to
by the Department.
Via tele/video conference
with the Department’s
representative or as
otherwise agreed to in
writing by the Department.
Attendees to be agreed to
by the Department.
Via telephone with the
Department’s
representative, or as
otherwise agreed.
Canberra, or as otherwise
agreed to in writing by the
Department

Page 35
Annual planning meetings Once per year Canberra, or as otherwise
agreed to in writing by the
Department
Service Agreement Completion/Transition To be determined, within As agreed to by the
(as agreed to in Transition Plan) final four months of Department in the approved
current term of service Transition Plan
agreement.

Page 36
PART B - Industry Engagement and Permit Monitoring Service
Category

1. Overview
(a) The key goals of these services are to:
(i) Maximise participation in the permit schemes through targeted communication
and engagement with the regulated community and other stakeholders
(ii) Assist and support persons granted a permit to meet permit conditions, and
(iii) Facilitate industry and stakeholder input and advice on issues relevant to
achieving the objectives of the Act and Regulations.
(b) The services required under this category include a range of communication and
engagement functions:
(i) Design and deliver an information and awareness communication and awareness
program - to provide targeted, accessible and accurate information to engage
stakeholders, encourage participation in the permit schemes and compliance with
permit conditions.
(ii) Design and deliver outreach engagement services - engage with stakeholders
regarding permit conditions and the emissions reduction objectives of industry
permit schemes. This will include undertaking awareness raising with a number
of key stakeholder groups, general education visits to provide specific assistance
and guidance to permit holders to help them meet their permit condition
obligations.
(iii) Design and deliver monitoring services - including recording information on
scheduled substances reported by permit holders and reporting intelligence to the
Department.
(iv) Facilitate industry advisory services including advice on changes in industry
practices and impacts on objectives of the permit schemes to Government. This
will include provision of secretariat support to industry advisory bodies.

2. Services required
2.1 Communication and Engagement Strategy
(a) The Service Provider, in collaboration with the Department, will develop and implement a
Communication and Engagement Strategy (the Strategy) for the permit scheme.
(b) The Strategy will set the key priorities for communication and engagement activities
based on risk of ODS and SGG emissions. Communication and engagement activities to
be included in the Strategy are described below in sections 2.2 to 2.5. The Strategy will
include, or be supported by, detailed project plans describing how the planned activities
will reduce the identified risks.
(c) The Strategy is expected to be informed by analysis of permit data and industry trends as
well as advice from key stakeholders including the appropriate advisory body.
(d) The Strategy will be updated annually as part of an annual review and planning process.

Page 37
2.2 Information and awareness communication services
(a) Communication activities are a key component of the services required. It is expected that
communication activities and products will be developed and quality checked (including
copy editing and proofing) to a high standard by appropriately qualified or experienced
communication specialists.
(b) The purpose of the communication products and activities is to ensure awareness and
uptake of the permit scheme amongst the regulated community and other key
stakeholders. Communication products and materials are designed to:
(i) raise industry awareness of Regulatory requirements to hold a permit
(ii) enable and support permit holders to understand and comply with conditions of
their permit
(iii) raise awareness of the environmental benefits of the permit scheme, and
(iv) raise awareness of the permit scheme amongst other key stakeholder groups and
consumers (e.g. property managers, local governments) and the general
community.
(c) The Service Provider will identify target audiences (e.g. technicians and business owners
in the regulated industry or sectors of the industry) and develop communication products
and material tailored to the needs of these target audiences.
(d) Communication materials could include products and activities such as permit application
information packs, fact sheets, permit condition checklists, social media presence, regular
industry e-newsletters, online videos and surveys.
(e) Communications products may need to display the Department’s logo and/or permit
scheme branding, will need to be made easily accessible (e.g. on the permit scheme
website) and will require approval by the Department.
(f) Communication activities should also include participation and presentation at key
industry or other stakeholder forums or events.
(g) The Service Provider will be required to design and maintain a website as a key
communication platform for the industry permit scheme for communicating information to
permit applicants, holders, consumers and other members of the public.
(h) The website will need to host permit application forms and application guidance
information developed as part of the application administration services (potentially by the
Department or another service provider).
(i) The website will need to meet the Commonwealth’s Digital Service Standards (DSS)
including compliance with the Web Content Accessibility Guidelines (WCAG) to at least
Level AA.
2.3 Outreach Engagement Services
(a) Engagement activities will provide one-on-one customer service focused support and
assistance to members of the regulated industry. This assistance is aimed primarily at
increasing members’ understanding of and ability to meet permit conditions and, in doing
so, reduce the risk of ODS and SGG emissions.
(b) Engagement activities will also be targeted towards other relevant stakeholders outside the
regulated industries e.g. local governments, asset managers or building owners. These
activities could include encouraging and supporting key stakeholder groups to engage

Page 38
 licensed technicians and businesses to ensure scheduled substances are managed
appropriately and in accordance with the Regulations.
(c) The scale of engagement activities and targeting of engagement to high priority audiences
is to be determined by the Service Provider, in consultation with the Department, as part
of annual planning and development of the Communication and Engagement Strategy.
(d) Information on the scale of previous engagement activities can be provided by the
Department on request, but should be considered as indicative only. Engagement services
will be delivered by trained personnel using:
(i) telephone or email correspondence with permit holders (both individual
technicians and business owners), and
(ii) visits to business or other premises used for handling, trading or disposal of ODS
and SGG (with permission from the business owner).
(e) Assistance provided by engagement officers will:
(i) Be delivered with a focus on high quality customer service and in accordance
with standard operating procedures, such as an ‘engagement officer guide’
developed by the Service Provider in consultation with the Department.
(ii) Be delivered using supporting tools such as fact sheets, checklists and other
guidance material or products developed as part of the communication activities
listed above in consultation with the Department.
(iii) Take a proactive approach to outreach activities, ensuring that issues are
addressed and assistance is provided at the time of engagement and followed up at
alternate times if necessary.
2.4 Monitoring Services
(a) The Service provider will monitor industry participation and compliance with permit
obligations. This will include:
(i) Collection and recording of information supplied by permit holders; for example
information from engagement activities will be collated and reported to the
Department as part of quarterly reporting and analysed to inform continual
improvement of engagement services.
(ii) Report, to the Department, relevant information or intelligence regarding
regulated activity. This is likely to involve receiving, recording and reporting
information received from consumers, industry members or members of the
public, or information collected by engagement officers regarding work with ODS
or SGG undertaken under an expired permit, without a permit or outside the
conditions of an permit.
2.5 Facilitate industry advisory services
(a) The permit schemes are competency based and are underpinned by nationally endorsed
training. The refrigeration and air conditioning industry is evolving quickly and
transitioning towards technologies containing refrigerants with a lower global warming
potential in order to meet regulatory and market imperatives. New technologies and
extinguishing agents are being developed to replace scheduled substances used in the fire
protection industry.

Page 39
 (b) To ensure the responsible management of scheduled substances within the industry, it will
be essential that the Service Provider engages with the regulated industries, stays informed
and alerts the Department to impacts on the permit scheme such as changing industry
technologies and work practices and the ongoing adequacy and appropriateness of permit
scheme training requirements.
(c) It will be important that the Service Provider:
(i) stays informed of both changing industry technologies and work practices, and
the ongoing adequacy and appropriateness of permit scheme training
requirements, and
(ii) records and reports to the Department any concerns raised on any substandard or
insufficient training e.g. through receiving complaints from trainees, employers
and permit holders.
(d) The Service Provider shall also engage with the regulated industries by establishing and
providing secretariat support to industry advisory bodies (one body each for the fire
protection permit scheme and the refrigeration and air conditioning permit scheme).
(e) The purpose and role of the advisory bodies will be to ensure the relevant Service
Provider/Industry Board and the Department receive industry specific expert advice (e.g.
on emerging technologies or changes in the domestic and global markets) to inform
implementation of the relevant industry permit scheme. Advice and discussion topics
could include:
(i) introduction of new gases or equipment used in the Australian industries
(ii) trends or developments in similar industries internationally relevant to Australian
industries
(iii) improvements to permit or training requirements to reduce the risk of emissions,
and
(iv) proposed changes to the Regulations and implications for industry.
(f) Terms of Reference for the bodies will be developed by relevant service provider(s) in
consultation with the Department. Advisory bodies will not have a governing role in
administration of the permit schemes or any decision making powers.
(g) Advisory body membership is expected to include representation from all major sectors
involved in the handling and use of ODS and SGG used as refrigerants and extinguishing
agents. Members with awareness and understanding of competency requirements and
developments in training provision (e.g. involvement or participation in relevant training
authority working groups) are also desirable.
(h) Secretariat support will include the selection and appointment, scheduling meetings
(expected to be four face-to-face meetings per year), drafting meeting agendas and papers
in consultation with the Chairperson and the Department, recording meeting minutes and
follow-up on meeting outcomes and relevant action items.

3. Business plans and internal procedures

(a) Communication and engagement activities are expected be supported by guidelines,
procedures and policies developed by the Service Provider and approved for use by the
Department.

Page 40
 (b) A number of business procedures used by the current service providers may be provided
to the successful tenderer upon commencement, to be determined during the transition-in
process.
(c) The Service Provider will be required to work with the Department to develop new
policies in situations where a gap in policy is identified.
(d) Guidelines, procedures and policies are expected to include:
(i) Communication guidelines and procedures (e.g. templates and standard words for
various communication products)
(ii) procedures for education visits and other engagement activities (e.g. an
Engagement Officer Guide)
(iii) Industry Advisory Body documentation including (e.g. appointment procedures,
and meeting agenda, paper and minutes templates)
(e) Other business plans also expected to be developed include:
(i) Risk Management Plan
(ii) Information Security Plan and security incident handling procedure
(iii) Transition In Plan and Transition Out Plan
(iv) Fraud Control Plan

4. Reporting
(a) It is proposed that the service provider will report to the Department in accordance with
the report type, format and frequency as described in the table below. Details are to be
discussed and agreed during contract negotiation.

Proposed report type and content Proposed frequency and format

Quarterly report Quarterly, timing to be determined

by the Department.
Report detailing how the requirements of the Communications
and Compliance Strategy were met in the previous quarter, Format to be determined in
including evidence of effectiveness and identification of lessons consultation with the Department.
learnt to inform future activities. The report will also detail any
Content of this report is to be
key intelligence and information obtained though the delivery of
developed in accordance with the
the Strategy in the last quarter.
Department’s Communication and
The report is to present interpretive analysis and conclusions in a Style Guide.
clear and succinct manner, making use of both text and graphics.

Engagement report Monthly within five business days

after the end of each calendar
a.The number and description of suspected offences committed
month, or as otherwise agreed in
in relation to the Act and Regulations identified by the Service
writing with the Department.
Provider and the action taken in relation to the suspected offence
Format to be determined in
b.Details of the permit condition checks and education visits
consultation with the Department.
undertaken

Page 41
Self-assessed performance report Monthly within five business days
after the end of each calendar
A self-assessment of performance against relevant performance
month, or as otherwise agreed in
criteria and all deliverables in the Services Agreement and the
writing with the Department.
Communication and Engagement Strategy which fall due in the
reporting month. Format is to be agreed upon by the
Department (template to be
This report will inform the Department’s assessment of the
submitted to the Department within
Service Provider’s performance and invoice payment
two months of the contract start
date for review and approval).

Communication and Compliance Strategy implementation report Annually, timing to be determined

by the Department.
An annual self-assessment of achievement of the
Communication and Compliance Strategy deliverables, Format to be determined in
including analysis of outcomes and identification ongoing or consultation with the Department.
emerging areas presenting risk of emission and opportunities for
future activities.

Annual Report Annually, timing to be determined

by the Department.
An annual synopsis of outputs for the year and analysis of
performance and outcomes of all activities undertaken. Format to be determined in
Presentation of information is to make good use of visual consultation with the Department.
graphics and tables and include interpretive analysis (impact on
Content of this report is to be
achieving key goals of the permit scheme).
developed in accordance with the
Department’s Communication and
Style Guide.

Financial Reporting Monthly or Quarterly, format to be

determined by the Department.
Financial report of actual expenditure and costs to delivery
services e.g. salaries and travel for communication staff,
engagement officers and executive managers and other business
costs (such as office rent, IT, printing costs etc.). Could include
time spent and hourly/daily rates for components of services
where applicable.

Independent financial audit and report Annually, within 30 business days

The Service Provider must ensure independent financial audits after the end of each financial year.
are undertaken of: Word document provided by email.
1. The Service Provider’s operational account including a
breakdown of all salaries and other expenses paid by the
Service Provider relating to the Service

Page 42
5. Meetings and Knowledge Transfer
(a) It is proposed that the service provider will report to the Department in accordance with the report
type, format and frequency as described in the table below. Details are to be discussed and agreed
during contract negotiation.

Proposed meeting type and content Proposed frequency Proposed place and
attendees

Induction and transition in Estimated 2-3 meetings within Department’s offices in

first two months following the Canberra, or as agreed in
contract start date. writing by the Department.

Co-ordination meeting with other
related services providers (if required):
To discuss Service Provider’s delivery
of required services and manage
contingencies or impacts on related
Departmental service providers.
Fortnightly (month 1-2),
Monthly (month 2-4) and once
every two months (month 5
and onwards), or as otherwise
agreed.
Via tele/video conference,
or as otherwise agreed to in
writing by the Department.
Attendees to be agreed to
by the Department.

Progress meetings: Fortnightly (month 1-2), Via tele/video conference

Monthly from month 3 or as otherwise agreed to in
To discuss Service Provider’s progress
onwards or as otherwise writing by the Department.
in delivering the required services
agreed to in writing by the
including risk and issues management. Attendees to be agreed to
Department.
by the Department.

Ad-hoc meetings Estimated 12 meetings per Via telephone with the

year. Department’s
representative.

Annual review meeting Once per year Canberra, or as otherwise

agreed in writing by the
Department.

Annual planning meeting Once per year Canberra, or as otherwise

agreed in writing by the
Department.

Service Agreement To be determined, within final As agreed to by the

Completion/Transition (as agreed to in four months of current term of Department in the approved
Transition Plan) service agreement. Transition Plan

Contract Term
The contract is expected to commence on 1 August 2018 and conclude on 30 October 2023. The contract
is expected to include a 2 to 3 month transition in period (for handover from the current service
providers), with full services beginning on or by the 14th October for the refrigeration and air conditioning
permit scheme and the 1st November for the fire protection permit scheme. The contract is expected to
conclude on 30 October 2023. Extension options up to 4 years may be incorporated into the contract, to
be exercised at the Department’s discretion.

Page 43
Attachment 1 – Checklist
The following checklist is provided to assist in preparing and submitting a tender. The checklist is a
guide only. Tenderers should satisfy themselves that they have met all conditions in this RFT, and should
not rely on the checklist for this purpose. The tenderer should complete and submit this checklist with its
tender.

Completed

Action Reference Y/N

Before submitting a tender

1. Read the RFT including the Schedule and Attachments -

2. Confirm the tenderer satisfies the Conditions for Participation Clause 11
3. Note the Closing Time front page
4. Note the permitted method for lodging a tender Clause 14
5. Note the Department's evaluation process Clauses 16, 17
and 18
6. Consider attending the industry briefing (not mandatory) Clause 8 
7. Consider seeking independent professional advice Clause 9 
8. Check that all addenda have been received Clause 6
Submitting a tender

9. Complete the Tenderer Response Form Attachment 2 

10. Prepare the document addressing the Conditions for Participation Attachment 3 
11. Prepare the document on the tenderer’s capability and capacity: Attachment 4 
application administration services (if applicable)
12. Prepare the document on the tenderer’s capability and capacity: Attachment 5
industry engagement and permit monitoring (if applicable)
13. Prepare the document on price Attachment 6
14. Prepare the document on the tenderer’s economic benefit Attachment 7
15. Prepare the document on insurance. If the tender does not include Attachment 8,
this, the tenderer is taken to that confirm it and any subcontractors clause 12.2(b)
can meet the Department's proposed insurance requirements
16. Complete the compliance statement. If the tender does not include Attachment 9,
this, the tenderer is taken to agree with all provisions of the Draft clause 12.2(c)
Form of Contract
17. Prepare the document on confidentiality. If the tender does not Attachment
include this, the tenderer is taken to agree that none of the 10, clause
information in its tender is confidential 12.2(d)
18. Prepare a copy of the tender for your records -

Page 44
 Completed

Action Reference Y/N

19. Ensure the tender: Clause 14

 is free from anything that might reasonably affect
useability, security or operations of AusTender or the
Department's computing environment
 does not contain macros, script or executable code
 complies with the file type, format, naming conventions and
size limitations
20. Submit the tender, including this Attachment 1 -

Page 45
Attachment 2 – Tenderer Response Form
The tenderer should complete and submit this Tenderer Response Form with its tender.
1. RFT No. 2000003475

2. Tenderer name

If a company Company name

ACN

3. ABN

4. Contact for liaison and notices

Name
Postal Address
Telephone
Facsimile
Email

5. Small to medium enterprise

Is the tender a small to medium enterprise (i.e. an entity employing

Y/N
fewer than 20 full time equivalents)?
Is the tender a small business (i.e. an enterprise that employs less
than the full time equivalent of 20 persons on the day that the written
contract under which the payment is to be made in entered into. Y/N

6. Electronic payment

Is the tenderer willing and able to accept electronic payment? Y/N

7. Supporting Material (Clause 14.3(d) )

Will supporting material that is not directly related to this ATM be

Y/N
provided?

8. Conflicts of interest

Page 46
 The tenderer confirms that there are no circumstances or relationships which constitute or may
constitute a conflict or potential conflict of interest in relation to this RFT or the tenderer’s
obligations under any contract resulting from this RFT other than:

The tenderer undertakes to advise the Department in writing of any additional actual or
potential conflicts of interest immediately after becoming aware of it.
9. Workplace Gender Equality Act 2012 (Cth)

Under Australian Government procurement policy, you are obliged to indicate whether or not
your organisation is covered by 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.
[STRIKETHROUGH THOSE NOT APPLICABLE]
(a) Yes, I am a relevant employer. I have attached a current letter of compliance as part of
this Tenderer Response which indicates my compliance with the Workplace Gender
Equality Act 2012.
(b) Yes, I am a relevant employer. I will be providing a current letter of compliance prior
to contract.
(c) No, I am not a relevant employer.
10. Confirmation

11.1 The tenderer:

(a) offers to supply the Services described in the RFT at the prices specified in the tender;
(b) confirms that the tender remains valid and open for acceptance by the Department for a
period of six months from the Closing Time;
(c) and any subcontractors proposed in the tender are not named as an employer not
currently complying with the Workplace Gender Equality Act 2012 (Cth). ;
(d) represents that having made all reasonable enquiries as at the date of this declaration
that neither the tenderer nor any nominated subcontractors proposed in the Tender is at
the time of Tender listed as a terrorists under section 15 of the Charter of the United
Nations Act 1945.
(e) represents and warrants that, having made reasonable inquiries, the Tender is compliant
with the Commonwealth’s principles of competitive neutrality.
(f) confirms that it and any proposed subcontractors are not insolvent, bankrupt, in
liquidation, or under administration or receivership;
(g) confirms that it and any proposed subcontractors consent to the public disclosure of the
name, ABN and address of, and work to be performed by, a subcontractor if the
tenderer is selected to enter into a contract with the Department for the provision of the
Services described in this RFT;

Page 47
 (h) confirms that it and any proposed subcontractors do not have any judicial decision
against them (not including decisions under appeal) relating to employee entitlements in
respect of which they have not paid the claim;
(i) confirms its capacity to tender and enter into a contract in the Draft Form of Contract
and that there is no restriction under any relevant law to prevent it from tendering; and
(j) consents to the Department undertaking checks in accordance with this RFT.
11.2 The tenderer warrants that neither the tenderer nor any of its officers, employees, agents, and
subcontractors has, in relation to the preparation, lodgement or assessment of the tender:
(a) improperly obtained confidential information;
(b) received improper assistance;
(c) engaged in collusive tendering, anti-competitive conduct or other similar conduct with
any other tenderer or other person; or
(d) attempted to improperly influence an officer of the Department or approached any
Commonwealth officer (other than as permitted by the RFT).
11.3 The tenderer notes that giving false or misleading information is a serious offence, and
confirms that all information in its tender is true and correct in every material respect.
11.4 The tenderer understands its obligations under all applicable workplace relations, work health
and safety, and workers’ compensation laws. The tenderer confirms that it complies with all of
these obligations.
11.5 If at any time prior to entry into a contract with the preferred tenderer, any information
provided in this declaration changes, the tenderer agrees to advise the Department of that
change within 7 calendar days.

Page 48
11. Signature on behalf of tenderer

[Note: To be signed by the tenderer personally, or if the tenderer is not an individual, by

someone authorised to sign on behalf of the tenderer, e.g. managing director]

Signature

Name

Position

Signature of witness

Name of witness

Address of witness

Date

Page 49
Attachment 3 – Conditions for Participation
1. The tenderer should provide a document addressing the Conditions for Participation at Clause
11(b).

Page 50
Attachment 4 – Capability and Capacity
Application Administration Service Category
1. The tenderer must indicate which permit schemes it is tendering for by completing the table
below:
Fire Protection Permit Refrigeration and Air
Scheme Conditioning Permit Scheme
Application Administration
Y/N Y/N
Services

2. The tenderer should provide a document including the information on the tenderer's capability as
outlined below.
3. The tenderer should demonstrate its capability to provide the application administration services
in accordance with the Statement of Requirement, for either the fire protection industry permit
scheme or the refrigeration and air conditioning permit scheme, or both. It must be clear in the
tenderer’s tender to which scheme the tender relates for the proposed provision of application
administration services.
4. The tenderer must provide details demonstrating their capability to provide the services in
accordance with the Statement of Requirement, including the following:
a) a description of the tenderer’s proposed approach to the delivery of application
administration services. This should include how your organisation will:
i. ensure delivery of the services contributes to minimising the risk of emissions of
Ozone Depleting Substances and Synthetic Greenhouse Gasses
ii. ensure application information is collected and stored using secure IT systems
and a reliable data management software system
iii. build and maintain effective working relationships critical to delivering the
Services
iv. identify and manage risk associated with delivering the services
v. commence provision of the services by the required deadline (i.e. a high-level
‘transition-in plan’ detailing how the tenderer proposes to commence provision
of the services).
b) information on what opportunities (if any) for Aboriginal or Torres Strait Islander people
the tenderer proposes if its tender is successful (including the nature and duration of the
employment and the number of Aboriginal or Torres Strait Islander people involved)
c) information on what opportunities (if any) for small to medium enterprises the tenderer
proposes if its tender is successful
d) details of the tenderer’s profile including the size and principal locations for the provision
of the services
e) A description of the tenderer’s experience in providing similar services, including the
nature of the services, purchaser, period and value and how this performance
demonstrates your capacity to deliver the Required Services.

Page 51
 f) Contact details for at least two referees for whom the tenderer has provided similar
services.
g) A description of how key personnel will function collectively to provider the required
services. This should include:
i. a proposed Organisation Chart (no more than two pages in total) that shows all
proposed personnel positions, including long and short term personnel. Tenderers
should ensure the proposed number of positions collectively and continuously
provide the requisite skills and experience to deliver the Services. Tenders must
make clear the location of the positions.
ii. key attributes of specific key Personnel. For each of these Personnel, Tenderers
must provide:
h) an outline of key roles and responsibilities (i.e. a position description no more than two
pages),
i) a curriculum vitae (no more than two pages) and
j) contact details for two referees.
k) a table with the positions and proposed inputs (days or months) of all personnel required
to deliver the Services, as included above and including any unallocated positions (such
as a pool of short-term positions that are yet to be determined) shown per year of the
agreement). This table should not include personnel costs.
l) information on any subcontractors it proposes to use in providing the services, including:
i. name, ABN and address; and
ii. work to be carried out by the subcontractor
5. A tenderer's response to this Attachment 4 should not be longer than 20 pages using Times New
Roman font size 11.

Page 52
Attachment 5 – Capability and Capacity Industry
Engagement and Permit Monitoring Service
Category
1. The tenderer must indicate which permit schemes it is tendering for by completing the table
below:
Fire Protection Permit Refrigeration and Air
Scheme Conditioning Permit Scheme
Industry Engagement and Permit
Y/N Y/N
Monitoring Services

2. The tenderer should provide a document including the information on the tenderer's capability
and capacity as outlined below.
3. The tenderer should demonstrate its capability and capacity to provide the industry engagement
and permit monitoring services in accordance with the Statement of Requirement, for either the
fire protection industry permit scheme or the refrigeration and air conditioning permit scheme, or
both. It must be clear in the tenderer’s tender to which scheme the tender relates for the proposed
provision of application administration services.
4. The tenderer must provide details demonstrating their capability to provide the services in
accordance with the Statement of Requirement, including the following:
a) a description of the tenderer’s proposed approach to the delivery of industry engagement
and permit monitoring services. This should include how the tenderer’s organisation will:
i. ensure delivery of the services contributes to minimising the risk of emissions of
Ozone Depleting Substances and Synthetic Greenhouse Gasses
ii. build and maintain effective working relationships critical to delivering the
Services
iii. identify and manage risk associated with delivering the services
iv. commence provision of the services by the required deadline (i.e. a high-level
‘transition-in plan’ detailing how the tenderer proposes to commence provision
of the services).
b) information on what opportunities (if any) for Aboriginal or Torres Strait Islander people
the tenderer proposes if its tender is successful (including the nature and duration of the
employment and the number of Aboriginal or Torres Strait Islander people involved)
c) information on what opportunities (if any) for small to medium enterprises the tenderer
proposes if its tender is successful
d) details of the tenderer’s profile including the size and principal locations for the provision
of the services
e) A description of the tenderer’s experience in providing similar services, including the
nature of the services, purchaser, period and value and how this performance
demonstrates your capacity to deliver the Required Services.

Page 53
 f) Contact details for at least two referees for whom the tenderer has provided similar
services.
g) A description of how key personnel will function collectively to provide the required
services. This should include:
i. a proposed Organisation Chart (no more than two pages in total) that shows all
proposed personnel positions, including long and short term personnel. Tenderers
should ensure the proposed number of positions collectively and continuously
provide the requisite skills and experience to deliver the Services. Tenders must
make clear the location of the positions.
ii. key attributes of specific key Personnel. For each of these Personnel, Tenderers
must provide:
h) an outline of key roles and responsibilities (i.e. a position description no more than two
pages),
i) a curriculum vitae (no more than two pages) and
j) contact details for two referees.
k) a table with the positions and proposed inputs (days or months) of all personnel required
to deliver the Services, as included above and including any unallocated positions (such
as a pool of short-term positions that are yet to be determined) shown per year of the
agreement). This table should not include personnel costs.
l) information on any subcontractors it proposes to use in providing the services, including:
i. name, ABN and address, and
ii. work to be carried out by the subcontractor.
5. A tenderer's response to this Attachment 5 should not be longer than 20 pages using Times New
Roman font size 11.

Page 54
Attachment 6 - Price
1. The tenderer should provide a document including the information on price as outlined below.
2. All prices should be given on a GST inclusive basis with any GST component separately identified.
3. Tenderers should provide details of any discounts tendered (e.g. volume discounts).
4. All tendered prices, fees, rates and charges are to be inclusive of:
 all taxes, and
 all things necessary and incidental to the provision of the required services and the due and proper performance of a contract with the Department
substantially in the form of the Draft Form of Contract.
5. Tenders should complete the pricing tables for the services and permit schemes they are tendering for. Where they are tendering for services across both
schemes, tenderers should complete the individual pricing tables and the combined total table and indicate any discounts tendered. For example:
 If applying for Application Administration Services across both permit schemes, Tables 1, 2 and 3 should be completed, noting that the delivery of
both services is likely to provide cost savings.
 If applying for Application Administration and Industry Engagement and Permit Monitoring Services across one permit scheme only (e.g. the Fire
Protection Permit Scheme), Tables 1 and 4 should be completed.
 If applying for Industry Engagement and Permit Monitoring Services across both permit schemes, Tables 4, 5 and 6 should be completed, noting that
the delivery of services across both schemes is likely to provide cost savings.
 If applying for all 4 services, Tables 1, 2, 3, 4, 5 and 6 should be completed.

Page 55
Fixed charges
Table 1. Fixed Charges Application Administration – Fire Protection Permit Scheme
Year 1 Year 2 Year 3 Year 4 Year 5
Total
1 Aug 18 to 1 Nov 19 to 1 Nov 20 to 1 Nov 21 to 1 Nov 22 to 31 (exclusive of
31 Oct 19 31 Oct 20 31 Oct 21 31 Oct 22 Oct 23 GST)
(AUD) (AUD) (AUD) (AUD) (AUD)
Salaries
Itemise as relevant (e.g. executive staff and other
positions specified in the Tenderer Response).
Electronic Database
Itemise as relevant (e.g. database development,
training, access and maintenance costs).
Administrative Overheads
Itemise as relevant (e.g. office rent, ICT hardware and
support costs, recruitments costs, travel, meetings,
other etc.).
Financial
Itemise as relevant (e.g. financial audit and reporting
costs, account management costs).
Subcontractor
Itemise as relevant.
Other charges
Itemise as relevant.
Charges (exclusive of GST)
GST Component
TOTAL (inclusive of GST)

Page 56
Table 2. Fixed Charges Application Administration – Refrigeration and Air Conditioning Permit Scheme
Year 1 Year 2 Year 3 Year 4 Year 5
Total
1 Aug 18 to 1 Nov 19 to 1 Nov 20 to 1 Nov 21 to 1 Nov 22 to 31 (exclusive of
31 Oct 19 31 Oct 20 31 Oct 21 31 Oct 22 Oct 23 GST)
(AUD) (AUD) (AUD) (AUD) (AUD)
Salaries
Itemise as relevant (e.g. executive staff and other
positions specified in the Tenderer Response).
Electronic Database
Itemise as relevant (e.g. database development,
training, access and maintenance costs).
Administrative Overheads
Itemise as relevant (e.g. office rent, ICT hardware and
support costs, recruitments costs, travel, meetings,
other etc.).
Financial
Itemise as relevant (e.g. financial audit and reporting
costs, account management costs).
Subcontractor
Itemise as relevant.
Other charges
Itemise as relevant.
Charges (exclusive of GST)
GST Component
TOTAL (inclusive of GST)

Page 57
Table 3. Fixed Charges Application Administration – Fire Protection and Refrigeration and Air Conditioning Permit Scheme Combined
Year 1 Year 2 Year 3 Year 4 Year 5
Total
1 Aug 18 to 1 Nov 19 to 1 Nov 20 to 1 Nov 21 to 1 Nov 22 to 31 (exclusive of
31 Oct 19 31 Oct 20 31 Oct 21 31 Oct 22 Oct 23 GST)
(AUD) (AUD) (AUD) (AUD) (AUD)
Salaries
Itemise as relevant (e.g. executive staff and other
positions specified in the Tenderer Response).
Electronic Database
Itemise as relevant (e.g. database development,
training, access and maintenance costs).
Administrative Overheads
Itemise as relevant (e.g. office rent, ICT hardware and
support costs, recruitments costs, travel, meetings,
other etc.).
Financial
Itemise as relevant (e.g. financial audit and reporting
costs, account management costs).
Subcontractor
Itemise as relevant.
Other charges
Itemise as relevant.
Charges (exclusive of GST)
GST Component
TOTAL (inclusive of GST)

Page 58
Table 4. Fixed Charges Industry Engagement and Permit Monitoring – Fire Protection Permit Scheme
Year 1 Year 2 Year 3 Year 4 Year 5
Total
1 Aug 18 to 1 Nov 19 to 1 Nov 20 to 1 Nov 21 to 1 Nov 22 to 31 (exclusive of
31 Oct 19 31 Oct 20 31 Oct 21 31 Oct 22 Oct 23 GST)
(AUD) (AUD) (AUD) (AUD) (AUD)
Salaries
Itemise as relevant (e.g. executive staff and other
positions specified in the Tenderer Response).
Travel and stakeholder engagement
Itemise as relevant (e.g. leased vehicles, travel and
accommodation, meetings).
Communication costs
Itemise as relevant (e.g. website development,
maintenance and support, editing, printing and
stationery).
Permit monitoring and engagement costs
Itemise as relevant (e.g. relevant staffing and/ or
travel costs).
Industry Advisory Body
Itemise as relevant (e.g. relevant secretariat costs).
Administrative Overheads
Itemise as relevant (e.g. office rent, ICT hardware and
support costs, recruitments costs, other etc.).
Financial
Itemise as relevant (e.g. financial audit and reporting
costs).
Subcontractor
Itemise as relevant.
Other charges
Itemise as relevant.
Charges (exclusive of GST)
GST Component
TOTAL (inclusive of GST)

Page 59
Table 5. Fixed Charges Industry Engagement and Permit Monitoring – Refrigeration and Air Conditioning Permit Scheme
Year 1 Year 2 Year 3 Year 4 Year 5
Total
1 Aug 18 to 1 Nov 19 to 1 Nov 20 to 1 Nov 21 to 1 Nov 22 to 31 (exclusive of
31 Oct 19 31 Oct 20 31 Oct 21 31 Oct 22 Oct 23 GST)
(AUD) (AUD) (AUD) (AUD) (AUD)
Salaries
Itemise as relevant (e.g. executive staff and other
positions specified in the Tenderer Response).
Travel and stakeholder engagement
Itemise as relevant (e.g. leased vehicles, travel and
accommodation, meetings).
Communication costs
Itemise as relevant (e.g. website development,
maintenance and support, editing, printing and
stationery).
Permit monitoring and engagement costs
Itemise as relevant (e.g. relevant staffing and/ or
travel costs).
Industry Advisory Body
Itemise as relevant (e.g. relevant secretariat costs).
Administrative Overheads
Itemise as relevant (e.g. office rent, ICT hardware and
support costs, recruitments costs, other etc.).
Financial
Itemise as relevant (e.g. financial audit and reporting
costs).
Subcontractor
Itemise as relevant.
Other charges
Itemise as relevant.
Charges (exclusive of GST)
GST Component
TOTAL (inclusive of GST)

Page 60
Table 6. Fixed Charges Industry Engagement and Permit Monitoring – Fire Protection Permit Scheme and Refrigeration and Air Conditioning Permit Scheme
Combined
Year 1 Year 2 Year 3 Year 4 Year 5
Total
1 Aug 18 to 1 Nov 19 to 1 Nov 20 to 1 Nov 21 to 1 Nov 22 to 31 (exclusive of
31 Oct 19 31 Oct 20 31 Oct 21 31 Oct 22 Oct 23 GST)
(AUD) (AUD) (AUD) (AUD) (AUD)
Salaries
Itemise as relevant (e.g. executive staff and other
positions specified in the Tenderer Response).
Travel and stakeholder engagement
Itemise as relevant (e.g. leased vehicles, travel and
accommodation, meetings).
Communication costs
Itemise as relevant (e.g. website development,
maintenance and support, editing, printing and
stationery).
Permit monitoring and engagement costs
Itemise as relevant (e.g. relevant staffing and/ or
travel costs).
Industry Advisory Body
Itemise as relevant (e.g. relevant secretariat costs).
Administrative Overheads
Itemise as relevant (e.g. office rent, ICT hardware and
support costs, recruitments costs, other etc.).
Financial
Itemise as relevant (e.g. financial audit and reporting
costs).
Subcontractor
Itemise as relevant.
Other charges
Itemise as relevant.
Charges (exclusive of GST)
GST Component
TOTAL (inclusive of GST)

Page 61
Attachment 7 – Economic Benefit
Tenderers should demonstrate the extent to which their Services will provide an economic benefit for
Australia. There are many ways in which tenderers may demonstrate how their Services will provide an
economic benefit to the Australian economy. These may include, where relevant to the Services:
1. competitive pricing;
2. building, leasing or procuring infrastructure that supports Australian communities;
3. providing skills and training that benefit Australian communities;
4. employing workers in Australia;
5. the environmental benefit of the proposed solution to Australia, for example, low environmental
impact through energy efficient inputs;
6. contributing to positive social outcomes in Australian communities;
7. engaging indigenous businesses, SMEs in the delivery of the Services, such as a subcontractor or
a supplier;
8. sharing knowledge, skills and technology with indigenous businesses, SMEs; and
9. using goods and services from a business that provides services of persons with a disability.

Tenderer’s response to this Attachment 7 should not be longer than 2 pages.

Page 62
 Attachment 8 - Insurance
1. If the tender does not include a document including the information on insurance as outlined
below, the tenderer is taken to confirm that it and any subcontractors can meet the Department's
proposed insurance requirements.
2. The Department proposes that the following insurance requirements apply under the contract with
the successful tenderer:
(a) Workers compensation insurance as required by law
(b) Public liability insurance for an insured amount of $10 million per claim, and not less
than $20 million in aggregate
(c) Professional indemnity or errors and omissions insurance for an insured amount of
$5 million per claim, and not less than $10 million in aggregate.
3. Note that any subcontractor engaged by the tenderer will be subject to the same insurance
requirements.
4. The tenderer should:
(a) confirm that it and any subcontractors can meet the Department's proposed insurance
requirements (provide certificates of currency where applicable); or
(b) propose alternative insurance requirements.

Page 63
Attachment 9 - Compliance statement
1. If the tender does not include a document addressing the information on compliance as outlined
below, the tenderer is taken to agree with all provisions of the Draft Form of Contract.
2. Using the compliance table in this Attachment 8, the tender should state any provisions of the
Draft Form of Contract with which the tenderer partially agrees or does not agree or considers are
not applicable (i.e. the compliance table is to be completed on an exceptions basis).
3. If the tenderer partially agrees or does not agree with a provision, it should provide the reason
why, the relevant qualification, any proposed change to the Draft Form of Contract and any
differences in costs or pricing associated with those changes.
4. If the tender states that a particular provision is not applicable, it should also state the reason why.
5. In this Attachment:
 “agrees” means that the contractual condition, obligation, characteristic or performance
requirement imposed by the provision in the Draft Form of Contract can be met by the
tenderer with no qualifications;
 “partially agrees” means that the contractual condition, obligation, characteristic or
performance requirement imposed by the provision in the Draft Form of Contract can be
substantially met by the tenderer, subject to certain qualifications;
 “does not agree” means that the complete contractual condition, obligation, characteristic
or performance requirement imposed by the provision in the Draft Form of Contract could
not be met by the tenderer or the tenderer does not agree to meet it; and
 “not applicable” means that, due to the nature of the offer, or of the tenderer, the question
of adherence to the provision in the Draft Form of Contract does not arise.

Page 64
Compliance table:
The tenderer agrees with all provisions of the Draft Form of Contract other than as follows:

Provision (e.g. clause, Partially agrees/does not Proposed alternative Differences in costs or
paragraph…) agree/not applicable Reasons/qualification wording pricing

page 65
Attachment 10 - Confidential information
1. The tenderer should specify any information contained in the tender that it considers should be
protected as confidential information.
2. The tenderer should provide reasons why this information should be protected as confidential
information and the period for which the tenderer proposes it be protected.
3. Note that the Department will consider each request to keep information confidential on its
merits. Whether or not the Department will agree to a request to keep information confidential
will depend on the circumstances and negotiations with the successful tenderer.
4. The Department reserves the right, in its discretion, to accept or refuse a request to treat
information as confidential.
5. See clause 25.3 for further information.
6. If the tender does not include a document addressing the information on confidential information
as required by this Attachment 9, the tenderer is taken to agree that none of the information in its
tender is confidential.

Item Reason Period

Page 66
Attachment 11 – Indicative application figures
Fire Protection Permit Scheme
The average number of phone calls and email enquires received by the Fire Protection Permit Scheme are
currently around 30 phone calls per month and 80 emails per month.
Average processing times for application received by the Fire Protection Permit Scheme are currently
between 1 to 3 business days for EAHL applications and between 3-5 business days for EATA and HSP
applications.
Number of applications received per month by type
Total EAHL applications EATA applications HSP applications received
received (new and received (new and (new and reapplications
reapplications combined) reapplications combined) combined)
2016 2017 2016 2017 2016 2017
Jan 37 44 2 2 1 1

Feb 37 89 7 3 5 4
Mar 54 66 6 4 2 3
Apr 37 43 7 3 8 3

May 34 73 5 2 3 3
Jun 45 68 3 2 3 4
Jul 36 80 12 8 6 7

Aug 64 78 10 5 3 4
Sept 42 67 7 3 3 2
Oct 67 118 6 7 3 5
Nov 111 123 3 6 1 2
Dec 60 51 4 8 5 4

Page 67
Refrigeration and Air Conditioning Permit Scheme
The average number of phone calls received by the Refrigeration and Air Conditioning Permit Scheme
are currently around 5,200 per month.
Average processing times for application received by the Refrigeration and Air Conditioning Scheme are
currently around 3 days for new licence (RHL) applications and 4 days for new authorisations (RTA).
Number of applications received per month by type

Total RHL applications received (new Total RTA applications received (new and
and reapplications combined) reapplications combined)

2016 2017 2016 2017

Jan 2,591 2,961 856 789

Feb 3,356 2,938 838 722

Mar 3,118 3,645 697 638
Apr 3,720 2,543 752 491

May 2,913 3,335 588 736

Jun 2,839 3,269 605 759
Jul 5,761 3,023 1,259 793

Aug 2,840 3,490 642 999

Sep 4,626 3,293 1,082 932
Oct 3,158 3,536 778 1,096

Nov 3,117 4,009 867 1,107

Dec 2,455 2,624 665 803

Page 68