ASDEFCON Linkages Module (Strategic) PART 1 ATTACHMENT A TENDER DATA REQUIREMENTS LIST GENERAL Note to drafters: The following format is provided for guidance only and may be amended as required. TDRL No Tender Response Volume and Section Response Volume 1 Overview A-1 Executive Summary (CORE) A-2 Tenderer’s Profile (CORE) A-3 Schedule of Proposed Subcontractors (CORE) A-4 Statement of Non-Compliance (CORE) B-1 Tenderer's Deed of Undertaking (CORE) Response Volume 2 Commercial C-1 Importation of Supplies and Services and Export Approvals (CORE) C-2 Liability (CORE) C-3 Insurance (CORE) C-4 Defect Warranty and Latent Defects (OPTIONAL) C-5 Intellectual Property (CORE) C-6 Confidential Information (CORE) C-7 Business Resource Planning (CORE) C-8 Commonwealth Resource Estimates (CORE) C-9 Commitment Letter (CORE) Response Volume 3 Financial Note to tenderers: Tender Price information should be included in this volume only D-1 Price and Payment Schedule (CORE) D-2 Items for which Specific Prices are Required (CORE) D-3 Proposed Payment Schedule (Acquisition) (CORE) D-4 Proposed Payment Schedule (Support) (CORE) D-5 Adjustment for Exchange Rate Fluctuations (RFT CORE) D-6 Adjustment for Fluctuations in the Cost of Labour and Materials (Acquisition) (OPTIONAL) D-7 Adjustment for Fluctuations in the Cost of Labour and Materials (Support) (RFT CORE) D-8 Securities (RFT CORE) D-9 Agency Arrangements (RFT CORE) D-10 Further Quantities and Optional Extras (OPTIONAL) D-11 Life Cycle Cost Model (CORE) D-12 Cost Reimbursement (OPTIONAL) D-13 Incentive Payments (OPTIONAL) Response Volume 4 Australian Industry Capability E-1 Australian Industry Capability Plan (CORE) Attachments to Conditions of Tender (V1.0) A-1
Transcript
ASDEFCON Linkages Module (Strategic) PART 1
ATTACHMENT A
TENDER DATA REQUIREMENTS LIST GENERAL
Note to drafters: The following format is provided for guidance only and may be amended as required.
TDRL No Tender Response Volume and Section
Response Volume 1 Overview
A-1 Executive Summary (CORE)
A-2 Tenderer’s Profile (CORE)
A-3 Schedule of Proposed Subcontractors (CORE)
A-4 Statement of Non-Compliance (CORE)
B-1 Tenderer's Deed of Undertaking (CORE)
Response Volume 2 Commercial
C-1 Importation of Supplies and Services and Export Approvals (CORE)
C-2 Liability (CORE)
C-3 Insurance (CORE)
C-4 Defect Warranty and Latent Defects (OPTIONAL)
C-5 Intellectual Property (CORE)
C-6 Confidential Information (CORE)
C-7 Business Resource Planning (CORE)
C-8 Commonwealth Resource Estimates (CORE)
C-9 Commitment Letter (CORE)
Response Volume 3 Financial
Note to tenderers: Tender Price information should be included in this volume only
D-1 Price and Payment Schedule (CORE)
D-2 Items for which Specific Prices are Required (CORE)
1.1 Tenderers are to provide a summary of their tender.
1.2 The executive summary is to contain no pricing information.
2. TENDERER’S PROFILE (CORE)
Note to tenderers: where the tenderer proposes that separate legal entities enter into the Contract (Acquisition) and the Contract (Support) or that more than one legal entity will be a party to either the Contract (Acquisition) or the Contract (Support), tenderers are to provide the following information in respect of each legal entity as required by clause 2.14.4a of the conditions of tender.
2.1 Tenderers are to provide the following information:
a. the tenderer’s background, experience and resources relevant to its ability to meet the requirement (including design and development aspects, if applicable);
b. details of any other matters relating to the commercial, technical or financial capacity of the tenderer which may materially affect the tenderer’s ability to perform the obligations under any resultant Contract. This is to include:
(i) the proportionate value of any resultant Contract, if the tender was accepted, in relation to the tenderer’s total income and value of work; and
(ii) how the tenderer would mitigate its risks, including risks arising from the management of and payment for Subcontracted work, and how it would redeploy resources and maintain sufficient cash flow in the event of a delay to a Milestone or a delay in a payment to the contractor becoming due under any resultant Contract for any reason;
c. details of any orders, contracts, joint ventures, collaborations with other firms or companies or any other commitments relevant to the tenderer’s ability to meet the requirement;
d. the following details of the tenderer, as applicable:
(i) the full name of the tenderer;
(ii) any trading or business name;
(iii) if a company, the registered office, principal place of business and an outline of the company structure;
(iv) the date and place of incorporation;
(v) individual shareholders holding 20 percent or more of any issued share capital;
(vi) particulars of any foreign national or foreign bodies or organisations in a position to exercise or influence control over the tenderer;
(vii) Related Bodies Corporate;
(viii) for a foreign firm or company, details of its registration, incorporation and place of business in Australia, the name of any Australian representative and its ABN (if any);
(ix) if an Australian company, its ABN/ACN/ARBN. as applicable; and
(x) if the company has any third party quality certification (ie International Standards Organisation (ISO) compliance), details of that certification;
e. identification of any trust or fiduciary capacity in which the tenderer proposes to perform any resultant Contract;
f. particulars of any civil or criminal litigation or proceeding, actual or threatened, involving either the tenderer or its directors, or any Related Bodies Corporate, or the existence of any breach or default of any agreement, order or award binding on the
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tenderer, or any Related Bodies Corporate, or any judgment or decision which is likely to adversely affect the tenderer’s performance of any resultant Contract; and
g. copies of Annual Statement of Financial Position, Income Statement and Statement of Cash Flows, with the appropriate accompanying notes for the three previous financial years. If the tenderer is part of a group of companies, those documents or the equivalent information is to relate to the tenderer nominated in the Tenderer’s Deed of Undertaking as a single entity.
2.2 Tenderers are to provide details of their involvement in current and previous Defence industry programs in Australia or achievements in developing Australian industry capabilities. These details may include information relating to proposed Subcontractors, and may include:
a. nurturing Australian SMEs;
b. fostering development and export facilitation of Australian goods and services;
c. description of the qualitative contribution to the development of Priority Industry Capabilities;
d. performing significant research and development in Australia;
e. establishment of significant local facilities and plant; and
f. previous AIC Plan (or similar plan) progress and performance.
Option: For when a procurement is at or above the relevant procurement threshold, and does not meet the exemptions set out at Appendix A to the CPRs. If the procurement is specifically exempt from the additional rules detailed in Division 2 of the CPRs as a result of a Defence specific exemption (a list of Defence specific exemptions is found in the DPPM) the procurement will still be subject to the Workplace Gender Equality Procurement Principles and this clause is to be used.
Note to tenderers: In performing any resultant Contract, the tenderer is to comply with its obligations under the Workplace Gender Equality Act 2012 (Cth). Information about the coverage of the Workplace Gender Equality Procurement Principles is available from the Workplace Gender Equality Agency at: https://www.wgea.gov.au/about-wgea/workplace-gender-equality-procurement-principles.
2.3 If the tenderer is a Relevant Employer, the tenderer is to:
a. provide a current letter of compliance issued by the Workplace Gender Equality Agency (WGEA) as part of its tender; or
b. advise that it is a Relevant Employer as part of its tender and provide a current letter of compliance issued by WGEA prior to executing any resultant Contract with the Commonwealth.
3. SCHEDULE OF PROPOSED SUBCONTRACTORS (CORE)
Draft COC reference: clause 10.9
3.1 Tenderers are to provide the details in the format at Table 2 (at Appendix 1 to this Annex) of all proposed Subcontractors that trigger any of the criteria listed in clause 10.9.3 of the draft Contract (Acquisition) or 10.9.3 of the draft Contract (Support), including details of any exception for a proposed Subcontractor.
3.2 In addition, for each of the proposed Subcontractors that trigger any of the criteria listed in clause 10.9.3 of the draft Contract (Acquisition) and 10.9.3 of the draft Contract (Support), tenderers are to provide the details set out in clause 2.1 of this Annex.
4. STATEMENT OF NON-COMPLIANCE (CORE)
4.1 If a tenderer does not fully comply with any clause of the attachments to the COT (excluding Annex B to Attachment A), the Contract (Acquisition) and attachments, the Contract (Support) and attachments, the SOW (Acquisition) and annexes, the SOW (Support) and annexes, the draft Data Item Descriptions and the draft Detailed Service Descriptions, it is to
state its non-compliances in a Statement of Non-Compliance in the format at Table 1. Tenderers are to include details of:
a. the extent, justification and impact of non-compliance;
b. details of any proposed drafting amendments; and
c. the location in the tender where further non-compliance details and comments (if any) can be found.
4.2 Responses are to be in the order in which the clauses appear and refer to the relevant clause number, annex, attachment, DID or DSD.
4.3 A tenderer will be deemed to be fully compliant with any clause not listed in the Statement of Non-Compliance.
Note to tenderers: Failure to indicate all non-compliances in Table 1 may constitute false, misleading or deceptive conduct for the purposes of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or Division 137 of the Criminal Code Act 1995.
Table 1: Statement of Non-Compliance Format
Clause No. Non-Compliance Comments Location in Tender
Annexes (excluding Annex B) to the COT
COC to the Contract (Acquisition)
Attachments to the Contract (Acquisition)
COC to the Contract (Support)
Attachments to the Contract (Support)
SOW (Acquisition)
Annexes to the SOW (Acquisition)
SOW (Support)
Annexes to the SOW (Support)
Draft Data Item Descriptions
Draft Detailed Service Descriptions
ASDFECON Linkages Module (Strategic) PART 1
ANNEX A TO ATTACHMENT A
APPENDIX 1
Table 2: Tender Data Requirement A-3 - Schedule of Proposed Subcontractors
Proposed Subcontractor
ABN/ACN
(if applicable)
Work to be Subcontracted
(including technical
significance)
CWBS reference
(if applicable)
LIA references
(if applicable)
Equipment / Services
Location of work to be performed
(incl. postcode)
Intellectual Property as referenced at 10.9.3(c)
Subcontract value $A
Comments
[…ANZ Subcontractors…]
[…Overseas Subcontractors…]
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ANNEX B TO ATTACHMENT A
RESPONSE VOLUME: OVERVIEW (CORE)
TENDERER’S DEED OF UNDERTAKING (CORE)
Note to tenderers: Tenderers must provide a deed in the following format.
This deed poll is made on the (INSERT DATE)
BY:
(INSERT NAME, ACN/ABN and ARBN If APPLICABLE) (Tenderer)
1. DECLARATIONS (CORE)
1.1 The Tenderer declares that this deed is for the benefit of the Commonwealth of Australia as represented by the Department of Defence ABN 68 706 814 312 (Commonwealth).
1.2 This deed is provided in connection with the Request for Tender [INSERT RFT NUMBER] (RFT) issued by the Commonwealth and the tender (Tender) submitted by the Tenderer in response to the RFT. Terms defined in the RFT will have the same meaning when used in this deed.
1.3 The Tenderer submits its Tender to provide the Supplies and the Services solicited by the RFT at the prices tendered and, subject to the statement of non-compliance included as part of its Tender, in accordance with the draft Contract.
2. ACKNOWLEDGEMENTS (CORE)
2.1 The Tenderer acknowledges and agrees:
a. to the Commonwealth’s rights as set out in the RFT and this deed, including the Commonwealth's rights to exclude the Tender;
b. that the Tender has been prepared in accordance with the RFT and is accurate, complete and not misleading;
c. that the Commonwealth can utilise all relevant information about the Tenderer’s performance on Commonwealth procurement activities;
d. that the Tenderer has conducted and will conduct itself during the RFT process in a manner that is at least consistent with:
(i) the Commonwealth’s obligations to act in accordance with the applicable Commonwealth procurement framework, for example to ensure certainty of costs and value for money; and
(ii) the requirements set out in the ‘Promoting Confidence in Defence Procurement Processes’ section of the Defence publication Defence and the Private Sector - An Ethical Relationship;
e. that the Commonwealth can rely on the Tender in accurately assessing compliance with the RFT, risks and risk management options, and value for money in accordance with the RFT;
f. that representations made in the Tender, when incorporated in any resultant Contract, will be fully complied with by the Tenderer;
g. that the Tenderer has relied entirely upon its own inquiries and inspection in preparing its Tender;
h. that the Tenderer has not relied on any representation, letter, document or arrangement, whether oral or in writing, or other conduct of the Commonwealth, as adding to or amending the RFT, except for any addendum issued by the Commonwealth that expressly add to or amend the RFT;
i. that the Tenderer will not use ACM in providing the Supplies or the Services and no ACM will be taken onto Commonwealth Premises in connection with providing the Supplies or the Services;
j. that the Tenderer does not have any judicial decisions against it (including overseas jurisdictions but excluding decisions under appeal or instances where the period for
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appeal or payment/settlement has not expired) relating to unpaid employee entitlements where the entitlements remain unpaid;
k. that Defence may provide any information collected or provided during the course of the RFT process (including regarding breaches of workplace relations law, work health and safety law or worker’s compensation law) to other Commonwealth agencies or regulatory bodies;
l. that Defence, as a Commonwealth agency, is subject to legislative and administrative accountability and transparency requirements of the Commonwealth, including disclosures to Ministers and other Government representatives, Parliament and its Committees and the publication of information in respect of the RFT process on the successful Tenderer and information on any resultant Contract in the AusTender website; and
m. that the Tenderer is aware of the impact of the Auditor-General Act 1997 on its participation in the RFT and on any resultant Contract and any Subcontract under a resultant Contract.
2.2 The Tenderer acknowledges and agrees that:
a. the RFT and any communication or dealings of any kind in relation to the RFT (other than this deed) between the Commonwealth and the Tenderer, or between the Commonwealth and any other person with an interest in the RFT, do not constitute a contract between the Commonwealth and the Tenderer;
b. no binding contract (including a process contract) or other understanding (including, without limitation, any form of contractual, quasi-contractual or restitutionary rights, or rights based upon similar legal or equitable grounds) will exist between the Commonwealth and the Tenderer unless and until a Contract is signed by the Commonwealth and the Tenderer; and
c. the Commonwealth has no liability to pay the Tenderer, or any other person, and is not liable to the Tenderer for any compensation on the basis of any quantum meruit or any other contractual, quasi contractual or restitutionary grounds whatsoever as a consequence of any matter or thing relating to, or incidental to the Tenderer’s participation in the RFT.
3. ACCEPTANCE (CORE)
3.1 The Tender submitted by the Tenderer in response to the RFT shall remain open for the Tender Validity Period specified in the Tender Details Schedule.
3.2 The Tenderer acknowledges and agrees that the Tender is an unconditional offer and, to the extent reasonably possible, the Tenderer will obtain any necessary Authorisations to enable it to enter into any resultant Contract on an unconditional basis.
4. UNDERTAKINGS AND WARRANTIES (CORE)
4.1 The Tenderer represents and warrants that there has not been and will not be any collusive tendering, anti-competitive conduct, or any other similar conduct by it or its Related Bodies Corporate, or any officer, employee, agent or advisor of any of them, in relation to:
a. the preparation or lodgement of tenders;
b. the evaluation and clarification of tenders; and
c. the conduct and content of negotiations, including final Contract negotiations,
in respect of the RFT process.
4.2 For the purposes of clause 4.1, collusive tendering, anti-competitive conduct, or any other similar conduct may include the disclosure, exchange and clarification of information (in any form) whether or not such information is confidential to the Commonwealth or any other tenderer or any other person or entity.
4.3 The Tenderer represents and warrants:
a. that the Tender has not been compiled:
(i) with the improper assistance of current or former Commonwealth Personnel or Defence Service Providers;
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(ii) with the utilisation of information improperly obtained from the Commonwealth; or
(iii) in breach of an obligation of confidentiality to the Commonwealth;
b. that it and any Related Bodies Corporate, and their officers, employees, agents and advisers have and will, during the RFT process, comply with any applicable laws (including foreign anti-corruption legislation) or Commonwealth policies regarding the offering of unlawful inducements in connection with their Tender;
c. without limiting clause 4.3a that it and any Related Bodies Corporate have not and will not, without prior written approval from the Commonwealth, permit any current or former Commonwealth Personnel, or Defence Service Provider to contribute to, or participate in, any process or activity relating to the preparation of the Tender or the RFT process, if:
(i) the person was involved at any time in the planning of the procurement to which this RFT relates, the preparation of this RFT, or the management of the RFT process; or
(ii) the person was at any time during the 12 months immediately preceding the date of issue of the RFT involved in a Defence procurement process or activity relevant or related to the RFT; and
d. that the Tenderer is aware of the provisions of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010), and Division 137 of the Criminal Code Act 1995 and that its Tender does not contain any false, misleading or deceptive misrepresentations, claims or statements.
4.4 Except to the extent identified in clause 4.6, the Tenderer represents and warrants that it and any Related Bodies Corporate, and their officers have not been convicted of bribery of Commonwealth, state, territory or foreign government officials during the last seven years.
4.5 Except to the extent identified in clause 4.6, the Tenderer represents and warrants that it and its Related Bodies Corporate officers, employees, agents and advisers have no actual, potential or perceived conflict of interest between the interests of the Commonwealth and the Tenderer's interests in relation to the RFT process. The Tenderer agrees to take such steps as the Commonwealth may require to resolve or otherwise deal with a conflict notified under clause 4.6.
4.6 The following conviction for bribery, or actual, potential or perceived conflict of interest currently exist:
[INSERT ANY CONVICTION FOR BRIBERY OF COMMONWEALTH, STATE, TERRITORY OR FOREIGN GOVERNMENT OFFICIALS DURING THE LAST 7 YEARS; INSERT ANY ACTUAL, POTENTIAL OR PERCEIVED CONFLICT OF INTEREST; OR IF NONE EXIST INSERT THE WORDS ‘NOT APPLICABLE’]
4.7 If in relation to the RFT a conflict of interest exists, arises, or appears likely to arise, that the Tenderer has not previously disclosed, the Tenderer must notify the Commonwealth promptly in writing. The Tenderer agrees to take such steps as the Commonwealth may require to resolve or otherwise deal with a conflict notified under this clause or which otherwise comes to the attention of the Commonwealth during the RFT process.
4.8 The Tenderer acknowledges and agrees that the Commonwealth may exclude the Tender from further consideration if in the opinion of the Commonwealth:
a. the Tenderer fails to take any steps required by the Commonwealth to resolve or deal with a conflict of interest;
b. the Tenderer fails to comply in any other respect with this clause 4; or
c. any representation or warranty of the Tenderer under this clause 4 is incorrect or misleading in any material respect.
4.9 In addition to clause 4.8, the Tenderer acknowledges and agrees that the Commonwealth may exclude the Tender from further consideration if the Tenderer, any of its Related Bodies Corporate, or any officer of any of them has been convicted of bribery of Commonwealth, State, Territory or foreign government officials during the last seven years.
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ANNEX B TO ATTACHMENT A
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5. SURVIVAL (CORE)
5.1 This deed survives the termination or expiry of the RFT.
6. APPLICABLE LAW (CORE)
Note to drafters: Prior to release of the RFT drafters are to insert the same jurisdiction as selected under clause 11.1 of the draft COC and the Details Schedule.
6.1 The Tenderer agrees that the laws of [INSERT JURISDICTION] apply to this deed and the Tenderer submits to the non-exclusive jurisdiction of the courts of that State or Territory and of any court that may hear appeals from any of those courts, for any proceedings in connection with the RFT.
7. CONTACT DETAILS (CORE)
7.1 The Tenderer’s contact details for the purpose of the RFT and this deed are set out below.
NAME (Block Letters): TELEPHONE NUMBER:
FACSIMILE NUMBER:
EMAIL ADDRESS:
Executed as a Deed Poll
(INSERT APPROPRIATE TENDERER'S EXECUTION CLAUSE)
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX C TO ATTACHMENT A
RESPONSE VOLUME: COMMERCIAL (CORE)
1. IMPORTATION OF SUPPLIES AND SERVICES AND EXPORT APPROVALS (CORE)
Contract (Acquisition) reference: clauses 3.2 and 3.3
Contract (Support) reference: clauses 3.2 and 3.3
Note to tenderers: Tenderers are solely responsible for informing themselves of the export control status of the tendered Supplies and Services and for ensuring their compliance with Australian and Foreign Government controls related to the export of defence and dual-use goods, including if the export is from an Australian contractor to an overseas subcontractor or Related Body Corporate for the purposes of providing the Supplies and Services to the Commonwealth.
Tenderers should note the requirement to identify export licence details for IP in the draft IP Plan in accordance with TDR C-5 and should not duplicate that information here.
Requests for advice on the control status of goods and/or services should be forwarded to the Defence Export Control Office (DECO) via email at: [email protected]. Further information on Australian export controls may be found at: http://www.defence.gov.au/deco/.
1.1 Tenderers proposing to import parts of the Supplies or the Services are to provide:
a. an indication of what is being imported;
b. evidence from the Government of the country of origin that the tenderer will be granted an export approval for those items if the tenderer is awarded any resultant Contract;
c. identification of any specific limitations or provisos that the Government of the country of origin could reasonably be expected to place on the export approval with respect to individual items of tendered Supplies or Services;
d. details of other approvals required in addition to, or as part of, the grant of export approvals (e.g. technical assistance agreements) and the impact to schedule of gaining such approvals; and
e. details of any rejected application for, or refusal to grant, an export approval for merchandise similar to the Supplies or Services which might have a bearing on any application to export the Supplies or Services.
2. LIABILITY (CORE)
Contract (Acquisition) reference: clause 8.5
Contract (Support) reference: clause 8.5
Note to drafters: A liability risk assessment is to be undertaken by the Commonwealth in accordance with the standard Defence methodology described in the Liability Risk Management Process (LRMP) guide, which can be accessed at: http://drnet.defence.gov.au/DMO/PP/ASDEFCONandContracting/Pages/Liability%20Risk%20Management.aspx The liability risk assessment provides the basis for determining the limitation of liability amounts and insurance requirements in clause 8.5.1 and 8.6 respectively of the draft COCs.
Note to tenderers: Tenderers should familiarise themselves with the limitation of liability amounts and insurance requirements in clause 8.5.1 and 8.6 respectively of the draft Contract (Acquisition) and draft Contract (Support). The limitation of liability amounts and insurance requirements were determined by the Commonwealth based on a liability risk assessment conducted in accordance with the Defence Liability Risk Management Process (LRMP) guide, which can be accessed at: http://www.defence.gov.au/casg/doingbusiness/procurementdefence/contractingincasg/liabilityriskmanagementprocess/.
2.1 Tenderers are to specify the basis for Contractor liability that they propose will apply to any resultant Contract.
2.2 If a tenderer proposes to limit its liability on an alternative basis to that set out in clause 8.5 of the draft COCs, the tenderer is to conduct its own liability risk assessment applying the Liability Risk Management Process (LRMP) (which can be accessed at: http://www.defence.gov.au/casg/) and provide the following details:
a. the terms of the tenderer’s proposed limitation of liability (if different to those set out in clause 8.5 of the draft COC), including its proposed monetary cap for each category of loss/liability set out in clause 8.5.1 of the draft COCs;
b. an explanation of why the tenderer requires a limitation of its liability regime different to that proposed in clause 8.5 of the draft COCs; and
c. the impact (if any) of these changes on the insurance requirements of the draft COCs.
2.3 If the tenderer proposes an alternative basis to the limitation of liability in accordance with clause 2.2, the tenderer is to submit a separate proposal and risk assessment for the Contract (Acquisition) and Contract (Support).
3. INSURANCE (CORE)
Contract (Acquisition) reference: clause 8.6
Contract (Support) reference: clause 8.6
Note to tenderers: The ACIP Initiative permits tenderers with ACIP status to rely on the ACIP pre-qualification process as evidence of the tender’s compliance with the draft COCs insurance requirements that will be covered by a tenderer’s ACIP. Information on the ACIP Initiative and the list of companies with current ACIP status is at: http://www.defence.gov.au/casg/doingbusiness/procurementdefence/contractingincasg/contractorinsuranceprograminitiative/
For tenderers without ACIP status, evidence of the tender’s compliance with the draft COCs insurance requirements should not be returned with the tender. This evidence will be sought only from the preferred tenderer(s) prior to negotiations.
Tenderers should note that on the basis of the details and pricing information provided by a tenderer, the Commonwealth may require that the tenderer’s current insurance policies (or for tenderer’s with ACIP status, those policies falling outside the tenderer’s ACIP) be maintained or extended and any proposed insurance policies be obtained. The Commonwealth may also require that additional insurance policies be obtained following negotiations with a preferred tenderer.
Tenderers without ACIP Status:
3.1 Tenderers without ACIP status that are selected as a preferred tenderer are to provide prior to negotiations all relevant details of current or proposed insurance policies required by the draft COCs, including:
a. name of the insurer;
b. type of insurance;
c. terms and coverage of the insurance including person(s) insured, conditions and exclusions;
d. limits of indemnity per claim or occurrence and details of any aggregate limits or relevant sublimits which apply;
e. for a current policy, whether or not any past or current claims made under the policy have materially affected, or are likely to materially affect, the tenderer’s ability to meet its obligations under any resultant Contract;
f. coinsurance, self-insured retention or deductible amounts; and
g. period of insurance.
Tenderers with ACIP Status:
3.2 Tenderers with ACIP status are to indicate in their Statement of Non-Compliance against TDR C-3 the extent to which their ACIP covers the types of insurances required by the draft COCs.
3.3 Tenderers with ACIP status that are selected as a preferred tenderer are not required to provide any details of those insurances required by the draft COCs which a tenderer identifies as within the scope of its ACIP. However, the details set out in clause 3.1 of this Annex are to be provided prior to negotiations for any insurance policy required by the draft COCs that is outside the scope of its ACIP.
3.4 All tenderers are to identify in their tendered prices detailed in TDR D2-1 details of all costs associated with the insurance policies covered in the tenderer’s insurance response.
4. DEFECT WARRANTY AND LATENT DEFECTS (OPTIONAL)
Contract (Acquisition) reference: clauses 9.2 and 9.4
Contract (Support) reference: clauses 9.2 and 9.4
Note to tenderers: The Commonwealth may not require Defect warranty or Latent Defect coverage (if any), in which case the amount nominated for such coverage will be deducted from the tendered price and will not be included in any resultant Contract.
4.1 Tenderers are to provide details of the Defect warranty and Latent Defects coverage (if any) being tendered where they differ from that sought in clause 9 of the draft COCs.
4.2 Tenderers are to provide in the table in TDR D2-1, the amount tendered to cover the Defect warranty and Latent Defect provisions proposed by the tenderer, and if the premium varies from item to item, the premium is to be shown against that specific item.
5. INTELLECTUAL PROPERTY (CORE)
Contract (Acquisition) reference: clause 5
Contract (Support) reference: clause 5
Note to drafters: Drafters may include additional provisions below to provide project-specific guidance to tenderers identifying limitations to IP licence terms that are considered to be unacceptable to the Commonwealth. Such provisions should also acknowledge that such guidance is not definitive and that tenderers should note their obligations under the IP provisions of the draft COCs.
Note to tenderers: Tenderers should familiarise themselves with the Defence Intellectual Property Policy which can be accessed at: http://www.defence.gov.au/casg/doingbusiness/procurementdefence/policies/intellectualproperty/.
5.1 Limitations specified in the IP Schedule for each Contract are only to be in relation to the rights to modify or develop and are not to affect the Commonwealth’s ability to use, maintain and dispose of the Supplies, Deliverables and any Mission System or Support System.
5.2 Tenderers are to provide a draft IP Plan in accordance with Table 1.
Table 1: Minimum Tender Response Requirements for draft IP Plan
Section Section Title
A Overview and Benefits (in accordance with DID-PM-IP-IPP)
B Management and Monitoring of IP (in accordance with DID-PM-IP-IPP)
C IP Schedule - subsections a, b, c, d, e, f for all line items or system components in the IP Schedule. This information should be provided separately for the Contract (Acquisition) (in accordance with DID-PM-IP-IPP) and the Contract (Support) (in accordance with DID-SSMP-IPP).
C IP Schedule - in the event of a limitation specified under subsections d and e, responses to subsection g through to subsection k (ie every column in the IP Schedule) will also be required for those line items or system components in the IP Schedule that are affected by the limitation. This information should be provided separately for the Contract (Acquisition) (in accordance with DID-PM-IP-IPP) and the Contract (Support) (in accordance with DID-SSMP-IPP).
5.3 Tenderers are to provide one draft IP Plan (based on the sections of DID-PM-IP-IPP in respect of the Contract (Acquisition) that are listed in Table 1) for the purposes of evaluation. However, any differences in approach to IP management between the Contract (Acquisition) and the Contract (Support) should be clearly identified. Tenderers should ensure that a separate IP Schedule as required by Section C is provided in respect of the Contract
(Acquisition) and the Contact (Support). Where the proposed approach to the management of IP under the Contract (Acquisition) and the Contract (Support) are not substantially the same, tenderers are to provide a separate draft IP Plan for the Contract (Acquisition) and the Contract (Support) (based on the sections of DID-PM-IP-IPP in respect of the Contract (Acquisition) that are listed in Table 1 and the equivalent sections of DID-SSMP-IPP in respect of the Contract (Support)).
5.4 Tenderers selected as a preferred tenderer may be required to finalise the draft IP Plan (including any sections that were not dealt with in the draft IP Plan provided under clause 5.2) in consultation with the Commonwealth, to enable the IP Plan to be included as an attachment to any resultant Contract.
6. CONFIDENTIAL INFORMATION (CORE)
Contract (Acquisition) reference: clause 10.4
Contract (Support) reference: clause 10.4
6.1 Tenderers are to provide for the purposes of Attachment N to the Contract (Acquisition) and Contract (Support), a list of all Contract clauses and Contract outputs in respect of each Contract that they consider to be Confidential Information. For each proposed Contract clause or Contract output to be included in Attachment N, tenderers are to justify their identification of the information as Confidential Information, explaining how it meets all four criteria listed in Attachment N to the draft COC.
7. BUSINESS RESOURCE PLANNING (CORE)
Note to tenderers: The Commonwealth seeks the following information to demonstrate that the tenderer has a corporate business plan that details appropriate strategies to ensure the tenderer is well positioned to meet all current and potential work. In particular, the Commonwealth needs to be convinced that if a Contract is placed with a tenderer, the tenderer is able to commence work in accordance with any resultant Contract and that competing work priorities will not adversely affect the performance of any resultant Contract.
7.1 Tenderers are to demonstrate that they are able to meet the obligations of any resultant Contract in light of other current work commitments or expected work commitments. In particular, addressing:
a. obligations in regard to current and future projects and other work;
b. use of resources such as:
(i) human capital in relation to current and envisaged projects;
(ii) financial resources;
(iii) physical resources;
(iv) IP resources;
(v) other organisational resources; and
(vi) Subcontractor relationships and other supplier arrangements;
c. details of the tenderer’s capabilities to satisfactorily discharge its responsibilities under any resultant Contract in relation to each of the above; and
d. arrangements for reprioritising resources across the tenderer’s span of commitment.
8. COMMONWEALTH RESOURCE ESTIMATES (CORE)
Note to tenderers: The following estimates by the tenderer of the resource levels that will be required by the Commonwealth to manage any resultant Contract are sought for Commonwealth planning purposes only. While the Commonwealth will consider the suggestions made, it is under no obligation to necessarily act upon the estimate.
8.1 Tenderers are to provide an estimate of the resource levels they anticipate being necessary within the Commonwealth team in order to facilitate the continued progress of any resultant Contract, including:
a. positions within the Commonwealth that will be required, in particular noting any areas where experienced, specialist staff are considered essential by the tenderer;
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Annexes to Conditions of Tender (V1.0) A-C5
b. the numbers of staff needed within the Commonwealth team to approve Contract documentation/CDRL items as necessary and to meet other Contract management tasks; and
c. any other specialist skills or resources the tenderer anticipates will be required by the Commonwealth to administer and manage any resultant Contract in such a way as to facilitate the continued progress of any resultant Contract and to maintain a functional working relationship with the tenderer.
9. COMMITMENT LETTER (CORE)
Note to tenderers: The signed Commitment Letter should not be returned with the tenderer’s proposal. The President/Chairman/Managing Director/Chief Executive Officer of the preferred tenderer or of the preferred tenderer’s parent company will be expected to sign the Commitment Letter after negotiations but before signature of any resultant Contract to allow the signing officer to confirm the proposed contractual obligations and make the undertakings contained in the Commitment Letter in light of that information.
Where the tenderer proposes that separate legal entities enter into the Contract (Acquisition) and the Contract (Support) or that one or more legal entity will be a party to either the Contract (Acquisition) or the Contract (Support), tenderers are to provide the following information in respect of each legal entity as required by clause 2.14.4a of the conditions of tender.
9.1 Tenderers are to provide the following details in relation to the draft Commitment Letter found at Schedule 1 of Annex C to Attachment A to the TDRL:
a. a statement confirming (TENDERER’S/TENDERER’S PARENT COMPANY’S) willingness or otherwise to sign the draft Commitment Letter after a Contract has been negotiated but before it is signed, should the tenderer become a preferred tenderer;
b. if (TENDERER/TENDERER’S PARENT COMPANY) is unwilling to sign the letter, explanation as to why not; and
c. if the tenderer proposes to amend the letter, a revised draft of the letter.
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ANNEX C TO ATTACHMENT A
Annexes to Conditions of Tender (V1.0) A-C6
SCHEDULE 1
COMMITMENT LETTER
(INSERT COMPANY LETTERHEAD ETC)
Note to tenderers: The appropriate name will be advised at the time the letter is required to be provided to the Commonwealth.
Dear (INSERT NAME),
(INSERT PROJECT AND CONTRACT TITLES AND PROPOSED CONTRACT NUMBER)
I refer to the proposed Contracts (INSERT CONTRACT TITLE) between (INSERT SHORT NAME OF PARTY) and the Commonwealth of Australia acting by and through the Department of Defence and (INSERT CONTRACT TITLE) between (INSERT SHORT NAME OF PARTY) and the Commonwealth of Australia acting by and through the Department of Defence for (INSERT DESCRIPTION OF THE SUBJECT OF THE CONTRACT AND SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC TO BE DELIVERED).
As the Assistant Secretary of the Capability Acquisition and Sustainment Group, you are accountable to the Australian Government for delivering capability for the Australian Defence Force and in doing so, you and the Commonwealth are relying on (INSERT SHORT NAME OF PARTY), to deliver the (SHIP/AIRCRAFT/VEHICLE/SYSTEMS ETC) on time, on budget, to the required capability, quality and safety and to meet all its obligations under the Contracts.
The purpose of this letter is to give the Commonwealth assurance that the senior management of (INSERT SHORT NAME OF PARTY) have carefully considered the company’s obligations under the Contracts, have exercised care and diligence in making themselves aware of that company's capacity to comply with those obligations for the duration of the Contracts and are therefore able to give the undertakings below.
This letter is not signed in my personal capacity and does not create personal liability to the Commonwealth for me.
Option A: For when the Contracts will be valued at more than $10 million per year in aggregate.
I provide this letter to you, and execute it on behalf of the company, in my capacity as the (PRESIDENT/ CHAIRMAN/ MANAGING DIRECTOR/ CEO) of (INSERT NAME OF PARTY) and the leader of that organisation. I warrant that I am authorised to bind the company.
Option B: For when the Contracts will be valued at more than $50 million per year in aggregate AND the contractor has a parent company.
I provide this letter to you, and execute it on behalf of the parent company, in my capacity as the (PRESIDENT/ CHAIRMAN/ MANAGING DIRECTOR/ CEO) of the parent company (INSERT NAME OF PARTY) and the leader of that organisation. I warrant that I am authorised to bind the parent company (referred to in this letter as 'the parent company').
On behalf of the (INSERT ‘COMPANY’ OR ‘PARENT COMPANY’), I give you the following undertakings:
I fully understand the nature and scope of (INSERT SHORT NAME OF PARTY) obligations under the Contracts including:
the physical resources;
intellectual property and information requirements;
human resources (including the number of personnel and the requisite levels of skill and training); and
financial and project management resources;
necessary to provide the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC) in accordance with, and for the duration of, the Contract;
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Annexes to Conditions of Tender (V1.0) A-C7
that, based on diligent inquiries, (INSERT SHORT NAME OF PARTY) has the necessary physical, intellectual property, information, financial and human resources to provide the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC) in accordance with the Contracts;
that (INSERT SHORT NAME OF PARTY) will ensure that it continues to have the necessary physical, financial, intellectual property, information, and human resources throughout the term of the Contracts to provide the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC) in accordance with the Contracts;
that (INSERT SHORT NAME OF PARTY) will ensure that it complies, and continues to comply, with the requirements of the Contracts relating to:
the design and overall quality integrity of the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC);
the maintainability of the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC);
the integrity and safety of (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC); and
the fitness for purpose of the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC);
that (INSERT SHORT NAME OF PARTY) has appropriate arrangements with subcontractors and access to intellectual property and information to provide the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC) in accordance with the Contracts, and will continue to do so for the duration of the Contracts;
that (INSERT SHORT NAME OF PARTY) has done a full risk assessment and has made adequate provision for contingency to be able to deliver the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC) in accordance with the schedule for each Contract; and
that (INSERT SHORT NAME OF PARTY) is financially sound and is not presently subject to any litigation that may affect its performance in accordance with the Contracts.
I fully recognise the importance to the Commonwealth of (INSERT SHORT NAME OF PARTY) delivering the (SHIPS/AIRCRAFT/VEHICLES/SYSTEMS ETC) on time, on budget, to the required capability, quality and safety.
Yours sincerely
(INSERT RELEVANT SIGNATORY)
SIGNING ON BEHALF OF
(INSERT COMPANY/PARENT COMPANY)
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
RESPONSE VOLUME: FINANCIAL (CORE)
1. PRICE AND PAYMENT SCHEDULE (CORE)
Contract (Acquisition) reference: clause 7
Contract (Support) reference: clause 7
1.1 Tenderers are to complete the Price and Payment Schedule in accordance with the Format at Tables D1-1 to D1-7.
1.2 Tenderers are to indicate their compliance with the Commonwealth’s delivery requirements set out at Tables D1 and D2 (if any) and indicate the best delivery date that can be achieved having regard to other commitments.
1.3 Tendered prices are to be inclusive of all costs associated with providing the Supplies and Services and carrying out all matters and doing all things necessary for the due and proper performance and completion of the proposed Contracts. These include (except where expressly stated otherwise) all licence fees, royalty payments, overseas taxes, duties and charges, Australian (Federal, State and Local Government) taxes including GST, customs and other duties and charges and arranging customs clearance and services of representatives. Tenderers are not to include any contingency for exchange rate fluctuations in their tendered price. Tenderers are to apply the CASG Cost Principles when preparing tendered prices.
Note to tenderers: It is Defence policy that when the proportion of the total price that is payable in source currency is significant, the resultant Contract is to be written in source currency. The Commonwealth will only make payments in Australian currency when the foreign currency amounts are insignificant. A determination of whether the amounts are significant will be made by Defence following receipt of tenders. For the purposes of evaluation, any foreign currency element of a tendered price is to be calculated at the spot selling rate of exchange against the Australian dollar, quoted by the Commonwealth Bank of Australia at the Base Date.
If the Commonwealth determines that amounts under any resultant Contract will be payable in Australian dollars only, the Commonwealth will negotiate provisions with the successful tenderer enabling adjustment of the payments provided for under any resultant Contract for exchange rate fluctuations.
1.4 Prices for tendered Supplies and Services are to be stated in Australian dollars except for any significant portion of the Supplies or Services to be imported from overseas, which must be stated in source currency. All prices tendered are to be in Base Date dollars.
1.5 Prices for tendered Supplies and Services are to be stated on the basis that payments provided for under any resultant Contract will be subject to adjustment for exchange rate fluctuations (if any resultant Contract is written in Australian dollars only) and fluctuations in the cost of labour and materials.
Note to tenderers: The successful tenderer will be responsible for ensuring that it is registered in accordance with the requirements of the GST Act (as amended). Tenderers who are non-residents of Australia and are not currently registered for GST, are advised to obtain independent advice on whether they will be required to be registered for GST purposes in accordance with the GST Act.
If a tenderer intends to exercise the option of appointing a resident agent to act on its behalf for GST purposes in accordance with clause 7.15 of the COC for the Contract (Acquisition) or 7.13 of the COC for the Contract (Support), tenderers are requested to provide the details of their proposed agent at TDR D-7.
If the successful tenderer fails to quote an ABN in its dealings with the Commonwealth, the Commonwealth may be required to withhold a percentage of all payments under any resultant Contract in accordance with Australian taxation legislation.
Annexes to Conditions of Tender (V1.0) A-D1
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ANNEX D TO ATTACHMENT A
Prices for Milestones
Note to drafters: Drafters should populate the following table with the Milestone Descriptions, Milestone Criteria and Milestone Dates before the release of the RFT if possible.
Note to tenderers: Milestones Payments for Milestones proposed by the tenderer in relation to Phase In or Ramp Up under the Contract (Support) should be further described within the RFT response, including within draft plans and/or schedules, as applicable. Milestone Payments should also be consistent with the Schedule of Payments under clauses 3 and 4, if it has been included.
Table D1-1: Price Schedule Contract (Acquisition) Response Format
ITEM ITEM DESCRIPTION
QTY UNIT PRICE $A OR
FOREIGN CURRENCY
DUTY FREE
WARRANTY PREMIUM $A OR FOREIGN CURRENCY
LATENT DEFECTS PREMIUM
$A OR FOREIGN
CURRENCY
CUSTOMS DUTY $A
TOTAL PRICE $A
(cxd) + e + f + g
OR FOREIGN CURRENCY (cxd) + e + f
VALUE OF LOCAL
INDUSTRY ACTIVITY
(FOR EACH LINE ITEM)
PRICE BASIS
APPLICABILITY OF GST
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)
CONTRACT PRICE
Notes to tenderers: Column (a): This should be in CWBS numerical sequence. Column (b): A brief description of the item or service sufficient for identification, cross-referenced where practicable to relevant clause numbers in the draft SOW (Acquisition) or
other parts of the RFT. Where the deliverable is a service (e.g. installation or progress reporting), only the relevant columns should be completed and others marked “not applicable” or “N/A”.
Column (c): The number of items required under the proposed contract. Column (d): Duty free unit prices are required. Column (e): Tenderers should indicate, where appropriate, the warranty premium against the specific item. Column (f): Tenderers should indicate, where appropriate, the Latent Defect (if any) premium against the specific item. Column (g): The itemised customs duty applicable to all imported items is required. Column (h): If the Unit Price in Column (d) is provided in Australian currency, the Total Price in Column (h) will be calculated by multiplying the Quantity in Column (c) by the Unit
Price in Column (d), then adding the Warranty premium in Column (e), the Latent Defect premium in Column (f) and the Customs Duty in Column (g). If the Unit Price in Column (d) is provided in a Foreign Currency, the Total Price in Column (h) will consist of two separate figures, the first being calculated by multiplying the Quantity in Column (c), by the Unit Price in Column (d), then adding the Warranty Premium in Column (e) and the Latent Defect premium in Column (f); and the second being the $AUD Customs Duty in Column (g).
Column (i): List the value of the Local Industry Activity in Australian Dollars (indicate whether it is an actual or nominal figure and outline the method of valuation including the rationale).
Column (j): Tenderers must indicate the price basis such as firm, variable (noting that a Base Date must be cross-referenced) or cost reimbursement. Column (k): Tenderers must denote which line items are subject to GST.
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ANNEX D TO ATTACHMENT A
Note to drafters: The contents in columns (a), (b) and (c) of the draft table below are included by way of EXAMPLE ONLY. Actual Milestones should reflect the requirements of the Contract.
Table D1-2: Prices for Milestones in Contract (Support) MILESTONE PAYMENTS MILESTONE
DESCRIPTION MILESTONE
CRITERIA MILESTONE
DATE(S) MILESTONE PAYMENTS
(Excluding GST and customs duty)
CUSTOMS DUTY
GST MILESTONE PAYMENTS (Including GST and
customs duty) (d)+(e)+(f)
ADJUSTMENTS (if Applicable) (total = 1.00)
(refer to formulae at clause 6 of this Annex D) (d) (e) (f) (g) (h) (a) (b) (c)
$A [INSERT FOREIGN
CURRENCY]
$A
[INSERT FOREIGN
CURRENCY]
$A [INSERT FOREIGN
CURRENCY]
Labour component (Ref = Y)
Australian Materials
component (Ref = ZA)
Imported Materials
component (Ref = ZI)
Securities Provision to the Commonwealth of securities and deeds, in accordance with clause 7.4 and 7.5 of the COC of the Contract (Support).
[INSERT DATE]
Phase In Stage 1 Milestone
As defined in the Approved PHIP
Planned OD - 40
Operative Date (OD)
OD has occurred in accordance with clause 1.4 of the COC of the Contract (Support).
Planned OD
Contractor Materiel Release 1 (CMR#1): Services for [INSERT DESCRIPTIVE NAME]
Support Services available to enable [INSERT CAPABILITY-RELATED DESCRIPTION]
OD + [INSERT MONTHS]
CMR#2 [INSERT DESCRIPTIVE NAME]
Support Services available to enable [INSERT CAPABILITY-RELATED DESCRIPTION]
[INSERT DATE]
CCM#1 [INSERT DESCRIPTIVE NAME]
[INSERT CONCURRENT CONTRACT
[INSERT DATE]
Annexes to Conditions of Tender (V1.0) A-D3
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ANNEX D TO ATTACHMENT A
Annexes to Conditions of Tender (V1.0) A-D4
MILESTONE DESCRIPTION]
[DRAFTER TO INSERT]
[DRAFTER TO INSERT]
[INSERT DATE]
Notes to tenderers: Table D1-2
a. Milestone Description: A brief description of the Milestone, cross-referenced (where practicable) to the relevant clause numbers in the SOW of the Contract (Support) (including DSDs).
b. Milestone Criteria: The criteria required to be satisfied before achievement of the Milestone can be claimed and the Milestone Payment can be made.
c. Milestone Date(s): The date by which the Contractor must achieve the Milestone.
d. Milestone Payments: The GST and customs duty exclusive price payable in respect of the Milestone.
e. Customs Duty: If applicable, all import and export duties in $A in respect of each Milestone.
f. GST: The GST amount applicable to each Milestone.
g. Milestone Payments: The GST and customs duty inclusive price payable in respect of the Milestone.
h. Adjustments: If applicable, indicate the labour component, Australia materials component and imported materials component (total out of 1.00) for purposes of the adjustment formula at clause 7 of this Annex D.
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
Core Services Fee
Note to drafters: The following tables should be developed and populated in order to provide a suitable breakdown of the Core Services Fee applicable to each stage of the Term of the Contract (Support). The first example table includes the first two stages of a Ramp Up period following OD. Some lines will not have fee amounts identified in the initial stage(s) (ie, as those Services have not yet commenced). Further tables are to be added for each applicable stage until a mature level of Services has been reached. For convenience, subsequent tables should then be developed for each financial year or other suitable period (eg, to align with Adjustment Dates).
Instead of using the following tables in Microsoft Word, drafters and procurement teams may prefer to develop spreadsheets in a similar format. Appropriate guidance and information should be included to assist tenderers in responding.
Adjustments should only be included where tables for multiple years do not factor in price adjustments for labour and materials.
Table D1-3A: Core Services Fee for the period from OD to [INSERT EVENT NAME] and subsequent [INSERT EVENT NAME]
Stage 0: OD to [INSERT EVENT NAME] (a) Stage [INSERT NUMBER]: [INSERT EVENT NAME] to [INSERT EVENT NAME] (a)
a. Stage: The stage is the period of the Term of the Contract (Support) for which the listed prices apply.
b. Item Number: […Cost breakdown structure sequence / numerical sequence…] for items in the table. The highest level items in the structure are the key Services and other top-level cost categories identified in clause 4 of the Glossary.
c. Item Description: A brief description of the item or Service, cross-referenced (where practicable) to the relevant clause numbers in the SOW of the Contract (Support) (including DSDs).
d. Annual price during Stage: (Excluding GST and customs duty): The price for each item number excluding GST and customs duty. The price for stage is the price determined by the total number of items occurring per stage and the cost of each item. […Where applicable, the price is broken down to show $A and [INSERT OTHER CURRENCY] amounts…]. If not annual figure, specify period used.
e. Customs Duty: If applicable, all import and export duties in $A.
f. GST: The GST amount applicable per line item.
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Annexes to Conditions of Tender (V1.0) A-D7
g. Annual price during Stage: (Including GST and customs duty): The price for each item number including GST and customs duty. […Where applicable, the price is broken down to show $A and [INSERT OTHER CURRENCY] amounts…]. If not annual figure, specify period used.
h. Adjustments: If applicable, indicate the labour component, Australia materials component and imported materials component (total = 1.00) for purposes of the adjustment formula at clause 7 of this Annex D.
i. Core Services Fee: The sum of the Core Services Fee for stage or event. If not annual figure, specify period used. If the duration of the stage is less than a year, consider using a monthly fee.
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ANNEX D TO ATTACHMENT A
Excluded Services Fee
Note to drafters: Drafters should populate the following table with any Excluded Services Fee (ie, not subject to an At Risk Amount like the Core Service Fees). Examples include "pass-through" costs (eg GFF or GFS) which do not vary according to the nature or scope of the Services performed, or the cost of Services which the Commonwealth agrees not to be "at risk for a specified period start after ED”.
Where it is intended that a resultant Contract (Support) will include Phase In and/or Ramp Up Milestones and/or other events that are prerequisites to increases in the Excluded Services Fee, a set of columns or separate tables may be used to define the Excludes Services Fee for each increment until the full Excluded Services Fee is reached (as for the Core Services Fee tables). For convenience, in particular once a mature level of Services has been reached and the full Excluded Services Fee is payable, subsequent tables may be developed for each financial year or other suitable period (eg, to align with Adjustment Dates).
Instead of using the following tables in Microsoft Word, drafters and procurement teams may prefer to develop spreadsheets in a similar format. Appropriate guidance and information should be included to assist tenderers in responding.
Adjustments should only be included where tables for multiple years do not factor in price adjustments for labour and materials.
Table D1-4A: Excluded Services Fee for the period from [INSERT EVENT NAME] until OD and subsequent [INSERT EVENT NAME]
Increment 1: [INSERT EVENT NAME] to OD (a) Increment [INSERT NUMBER]: OD to [INSERT EVENT NAME] (a) ADJUSTMENTS (refer to formulae at clause 6 of this Annex D)
(if Applicable) (total = 1.00)
Item no.
Item Description
Annual price during Increment
(excluding GST)
GST (if
applicable)
Annual price during Increment
(including GST & other charges)
(d+e)
Annual price during Increment
(excluding GST)
GST (if applicable)
Annual price during Increment
(including GST & other charges)
(d+e)
Labour component
(Ref = Y)
Australian Materials
component (Ref = ZA)
Imported Materials
component (Ref = ZI)
(b) (c) (d) (e) (f) (d) (e) (f) (g) $A [INSERT
FOREIGN CURRENCY]
$A $A [INSERT FOREIGN
CURRENCY]
$A [INSERT FOREIGN
CURRENCY]
$A $A [INSERT FOREIGN
CURRENCY]
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Annexes to Conditions of Tender (V1.0) A-D9
Table D1-4B: Excluded Services Fee for the period from [INSERT EVENT NAME] to [INSERT EVENT NAME] and subsequent [INSERT EVENT NAME]
a. Increment: The stage is the period of the Term of the Contract (Support) for which the listed prices apply.
b. Item Number: […Cost breakdown structure sequence / numerical sequence…] for items in the table.
c. Item Description: A brief description of the item or Service (eg, reimbursement of GFF costs), cross-referenced (where practicable) to the relevant clause numbers in the Contract.
d. Annual price during Increment (Excluding GST): The price for each item number excluding GST. The price per increment is the price determined by the total number of items (or events) occurring per stage and the cost of each item. […Where applicable, the price is broken down to show $A and [INSERT OTHER CURRENCY] amounts…]. If not annual figure, specify period used.
e. GST: The GST amount applicable per line item.
f. Annual price during Increment (Including GST): The price for each item number including GST. […Where applicable, the price is broken down to show $A and [INSERT OTHER CURRENCY] amounts…]. If not annual figure, specify period used.
g. Adjustments: If applicable, indicate the labour component, Australia materials component and imported materials component (total = 1.00) for purposes of the adjustment formula at clause 7 of this Annex D.
h. Excluded Services Fee: The sum of the Excluded Services Fee for increment or event. If not annual figure, specify period used. If the duration of the increment is less than a year, consider using a monthly fee
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
Prices for Task-Priced Services
Note to drafters: Drafters should populate columns (a) and (b) before the release of the RFT, if possible, for any tasks that have been identified in the SOW of the Contract (Support) or DSDs as Task-Priced Services. Task-Priced Services are stand-alone tasks of known effort, but of unknown quantity (eg. a damage inspection after a lightning strike). Adjustments should only be included where tables for multiple years do not factor in price adjustments for labour and materials.
Table D1-5A: Prices for Task-Priced Services for the period from OD until [INSERT FINANCIAL YEAR / DATE]
ADJUSTMENTS (refer to formulae at clause 6 of this Annex D)
(if Applicable) (total =1.00)
ITEM NO.
ITEM DESCRIPTION PRICE (Excluding GST &
customs duty in $A or foreign currency)
CUSTOMS DUTY
(In $A, if applicable)
GST
(In $A, if applicable)
PRICE (Including GST & duty
paid) (In $A or foreign
currency) (c+d+e) Labour component
(Ref = Y) Australian Materials
component (Ref = ZA)
Imported Materials component (Ref = ZI)
(a) (b) (c) (d) (e) (f) (g) $A [INSERT
FOREIGN CURRENCY]
$A [INSERT FOREIGN
CURRENCY]
Table D1-5B: Prices for Task-Priced Services from [INSERT FINANCIAL YEAR / DATE] to [INSERT FINANCIAL YEAR / DATE]
ADJUSTMENTS (refer to formulae at clause 6 of this Annex D)
(if Applicable) (total =1.00)
ITEM NO.
ITEM DESCRIPTION PRICE (Excluding GST &
customs duty in $A or foreign currency)
CUSTOMS DUTY
(In $A, if applicable)
GST
(In $A, if applicable)
PRICE (Including GST & duty
paid) (In $A or foreign
currency) (c+d+e) Labour component
(Ref = Y) Australian Materials
component (Ref = ZA)
Imported Materials component (Ref = ZI)
(a) (b) (c) (d) (e) (f) (g) $A [INSERT
FOREIGN CURRENCY]
$A [INSERT FOREIGN
CURRENCY]
Notes to tenderers: Table D1-5A and Table D1-5B
Consideration should be given to times when it is appropriate to divide costs for a task between a Task-Priced Service and other methods; for example, the ad hoc delivery of a standard training course may be a Task-Priced Service, but the costs for venues and travel may be on a cost recovery basis (and appropriate cross-references between these separate elements may be required
a. Item Number: This may be in CWBS sequence depending on the Task Priced Service. If the Task Priced Services do not align with the CWBS, use a simple numerical sequence instead.
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ANNEX D TO ATTACHMENT A
Annexes to Conditions of Tender (V1.0) A-D11
b. Item Description: A brief description of the Task Priced Service for identification, cross-referenced where practicable to relevant clause numbers in the draft SOW, DSDs, or other parts of the RFT.
c. Price: The unit price for each Task Priced Service excluding GST and customs duty. […Where, applicable, the price is broken down to show $A and [INSERT OTHER CURRENCY] amounts…]
d. Customs Duty: If applicable, all import and export duties in $A.
e. GST: The GST amount applicable per Task Priced Service.
f. Price: The price for each Task Priced Service including GST and customs duty. […Where, applicable, the price is broken down to show $A and [INSERT OTHER CURRENCY] amounts…].
g. Adjustments: If applicable, indicate the labour component, Australia materials component and imported materials component (total = 1.00) for purposes of the adjustment formula at clause 7 of this Annex D.
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
Rates for S&Q Services
Note to tenderers: Tenderers are to identify all the labour categories or skill levels required to carry out the S&Q Services described in the draft SOW of the Contract (Support) and provide an hourly rate for both normal time and other time. Tenderers are to define normal time and other time (eg, Normal time 8 hrs/day any Working Day between 07:00 – 19:00).
Rates are to be fully burdened including G&A costs. These tendered rates, subject to negotiation will make up part of Attachment B to the Contract (Support), and will be used to provide quotes under clause 3.14 of the draft COC of the Contract (Support).
Table D1-6: Rates for S&Q Services
Normal Time (INSERT APPLICABLE TIME)
Other Time ADJUSTMENTS (INSERT APPLICABLE TIME) (refer to formula at clause 6 of this Annex D)
a. Item Number: This may be a Cost breakdown structure sequence / numerical sequence for items in the table.
b. Category of Labour or Skill Level: A brief description of category of labour or skill level for identification, cross-referenced and where practicable to relevant clause numbers in the draft SOW of the Contract (Support), DSDs.
c. Hourly Rates: During normal time, the hourly rate for each category of labour or skill level excluding GST, G&A and profit.
d. G&A: During normal time, the applicable G&A per category of labour or skill level.
e. Profit: During normal time, the applicable profit per category of labour or skill level.
f. Total Hourly Rate (excluding GST): During normal time, the total hourly rate for each category of labour or skill level excluding GST
g. Total Hourly Rate (including GST): During normal time, the total hourly rate for each category of labour or skill level including GST.
h. Hourly Rates: During other time, the hourly rate for each category of labour or skill level excluding GST, G&A and profit.
i. G&A: During other time, the applicable G&A per category of labour or skill level.
j. Profit: During other time, the applicable profit per category of labour or skill level.
k. Total Hourly Rate (excluding GST): During other time, the total hourly rate for each category of labour or skill level excluding GST.
l. Total Hourly Rate (including GST): During other time, the total hourly rate for each category of labour or skill level including GST.
m. Adjustments: If applicable, indicate the labour component (total = 1.00) for purposes of the adjustment formula at clause 7.2 of this Annex D.
Annexes to Conditions of Tender (V1.0) A-D12
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
Annexes to Conditions of Tender (V1.0) A-D13
Note to drafters: If materials are to be supplied by the Contractor (Support), drafters should request a price list to be included under this section to cover those materials that are known. Insert the threshold amount for mark-ups into the following note to tenderers and table D1-7.
Note to tenderers: The Commonwealth prefers differential markups on Contractor purchased Materials, Subcontracts and other Allowable Costs so that higher value purchases attract a lower markup. Markup is applied to the value of the purchase. Purchases shall not be split to remain under any thresholds set. Markups on purchases over [INSERT AMOUNT] will be negotiated.
Table D1-7: Rates for Materials, Subcontracts and other Allowable Costs incurred within S&Q Services
DESCRIPTION ORDER VALUES UP TO [INSERT AMOUNT] OTHER ORDER VALUES UP TO [INSERT AMOUNT] Mark-up on Contractor purchased materials and Subcontracts …% …% Mark-up on other Allowable Costs …% …%
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
2. ITEMS FOR WHICH SPECIFIC PRICES ARE REQUIRED (CORE)
2.1 Tenderers are to complete Table D2-1: Specific Prices Schedule Response Format.
Table D2-1: Specific Prices Schedule Response Format
PRICE (EXCLUDING GST IN $A OR FOREIGN
CURRENCY)
ITEM NO. ITEM DESCRIPTION
$A [INSERT FOREIGN CURRENCY]
GST %
(IN $A)
CUSTOMS DUTY
(In $A, if applicable)
(a) (b) (c) (d) (e)
1 (Optional) GFM (Contract (Acquisition)) (Additional cost if tenderer or Commonwealth proposed GFM is not provided)
2 (Optional) GFM (Contract (Support)) (Additional cost if tenderer or Commonwealth proposed GFM is not provided)
3 (Optional) GFS (Additional cost if tenderer or Commonwealth proposed GFS is not provided)
4 (Optional) GFF (Contract (Acquisition)) (Additional cost if tenderer or Commonwealth proposed GFF is not provided)
5 (Optional) GFF (Contract (Support)) (Additional cost if tenderer or Commonwealth proposed GFF is not provided)
6 (Optional) Facilities for Commonwealth Personnel
7 (Optional) Defence Codification
(Cost per line item)
8 (RFT Core) Third Party Intellectual Property licences
20 (Optional) NTE price for Support & Test Equipment (S&TE)
Annexes to Conditions of Tender (V1.0) A-D14
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
21 (Optional) NTE price for Training Equipment
Note to tenderers: the NTE prices included in the above table are taken into account in the value-for-money assessment of the tenderers’ offers and, subject to any changes during negotiations, will be included in Annex G to Attachment B to the draft conditions of contract. However, the NTE prices will not be included in the initial Contract price. After the required Spares, S&TE and Training Equipment have been determined and agreed under the Contract, the prices for these Support Resources will be incorporated into the Contract through CCP. When this occurs, the Contract price will be changed accordingly.
Note to tenderers: Tenderers must note that, in accordance with the Commonwealth Procurement Guidelines, the Commonwealth's preference is that tenders be submitted on the basis of payment on delivery. The Commonwealth may consider tenders that propose an alternative payment regime. Tenderers must note that when an alternative payment regime is proposed, the Commonwealth's preference is for payment by Milestone Payments only, with a Mobilisation Payment where required. A Mobilisation Payment will be considered by the Commonwealth when the tenderer can demonstrate that it is appropriate and represents value for money to the Commonwealth, such as for establishing a production line, advances for long lead items, advance payments to Subcontractors etc.
In providing a schedule of payments under clause 3.1, tenderers should note the Commonwealth’s proposed payment regime at Annex B to Attachment B of the Contract (Acquisition).
3.1 Tenderers must detail how the proposed payment regime relates to the tenderer's anticipated work progress and cash flow under any resultant Contract.
3.2 In addition to information provided in the Price and Payment Schedule, tenderers are to provide a schedule of proposed payments proposed in respect of the Contract (Acquisition) that specifies:
a. the amount, purposes of and date of the proposed Mobilisation Payment (if any);
Note to tenderers: A Mobilisation Payment will be considered by the Commonwealth where the tenderer can demonstrate that it is appropriate and represents value for money to the Commonwealth, such as building support infrastructure.
4.1 Tenderers are to detail how the proposed payment regime relates to the tenderer's anticipated work progress and cash flow under any resultant Contract.
4.2 In addition to information provided in the Price and Payment Schedule, tenderers are to provide a consolidated schedule of all payments proposed in respect of the Contract (Support) that specifies:
a. the amount, purposes of and date of any proposed Mobilisation Payment;
b. the amount and date of each proposed Milestone Payment;
c. for the Contract (Support), the Recurring Services Fee (divided into the Core Services Fee and Excluded Services Fee) showing the proposed percentage increases in the payment of the Recurring Services Fee for achievement of Milestones or the occurrence of other events (eg during any Ramp Up period), including details of those events and anticipated date of increase; and
d. any other price and payment information relevant to tenderers proposed payment regime.
Annexes to Conditions of Tender (V1.0) A-D15
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
5. ADJUSTMENT FOR EXCHANGE RATE FLUCTUATIONS (RFT CORE)
Contract (Acquisition) reference: clause 7.3
Contract (Support) reference: clause 7.3
5.1 Tenderers are to provide the following information which will be necessary in the event that any resultant Contract is written in Australian dollars and the payments provided for under any resultant Contract are subject to adjustment for exchange rate fluctuations:
a. percentage of duty paid tendered price subject to adjustment for exchange rate fluctuations (as a percentage of the tendered price and per currency if applicable);
b. exchange rate upon which the tendered price is based: $A1 = (Foreign currency at Base Date); and
c. name and address of the bank or financial institution whose rates are applicable.
6. ADJUSTMENT FOR FLUCTUATIONS IN THE COST OF LABOUR AND MATERIALS CONTRACT (ACQUISITION) (OPTIONAL)
Note to tenderers: the Contract Price of any resultant contract will be subject to adjustment reflecting fluctuations in the cost of labour and materials in accordance with the proposed formulae and indices at Annex D to Attachment B to the Contract (Acquisition). Agreements reached as a result of workplace enterprise bargaining are not considered to be awards for the purposes of the formula for fluctuation in the cost of labour.
6.1 Tenderers are to provide the following details in respect of the Contract (Acquisition) in relation to the proposed formulae contained at Annex D to Attachment B of the Contract (Acquisition):
a. acceptability or otherwise of the formulae;
b. if unacceptable, any proposed alteration(s) or alternative(s); and
c. the tenderer’s preferred indices where different from those proposed by the Commonwealth. In proposing preferred indices, tenderers should take into consideration the notes provided following the formula at Annex D to Attachment B of the Contract (Acquisition).
7. ADJUSTMENTS FOR FLUCTUATIONS IN THE COST OF LABOUR AND MATERIALS CONTRACT (SUPPORT) (RFT CORE)
Draft Contract (Support) reference: clause 7.3
Note to tenderers: The Contract price of any resultant contract will be subject to the proposed adjustment reflecting fluctuations in the cost of labour and materials in accordance with the formulae set out below. Agreements reached as a result of workplace enterprise bargaining are not considered to be awards for the purposes of the formula set out below.
7.1 Tenderers are to provide the following details in respect of the Contract (Support) in relation to the proposed formulae in the tables below:
a. acceptability or otherwise of the formulae;
b. if unacceptable, any proposed alteration(s) or alternative(s); and
c. the tenderer’s preferred indices where different from those proposed by the Commonwealth. In proposing preferred indices, tenderers should take into consideration the notes provided following the formula.
Annexes to Conditions of Tender (V1.0) A-D16
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
Option A: For when a single index is chosen for adjustments reflecting fluctuations in the cost of labour and materials.
7.2 If price adjustment will be based on a single index for fluctuations in the cost of labour and materials, payments are to be adjusted with effect on and from each relevant Adjustment Date in accordance with the following formula:
Lo
LPAP
1
where:
AP = updated price to apply on and from the relevant Adjustment Date.
P = current price immediately prior to the relevant Adjustment Date
L1 = labour index number for the quarter preceding the quarter containing the relevant Adjustment Date
L0 = labour index number for the quarter preceding the quarter containing the previous Adjustment Date
7.3 The index for the labour component and materials applicable to this requirement are:
Table D5-1: Index for Labour and Materials Price Adjustment - Single
Index Table/Group (ABS Catalogue)
Series ID
Index
Annexes to Conditions of Tender (V1.0) A-D17
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
Option B: For when separate indices are chosen for adjustments reflecting fluctuations in the cost of labour and materials.
7.4 If price adjustment will be based on separate indices for fluctuations in the cost of labour and materials, payments are to be adjusted with effect on and from each relevant Adjustment Date in accordance with the following formula:
MIo
MIZI
MAo
MAZA
Lo
LYPAP
111
where:
AP = updated price to apply on and from the relevant Adjustment Date
P = current price immediately prior to the relevant Adjustment Date
Y = labour component of the price (expressed as a decimal) as specified in this Annex D and any resultant Contract
L1 = labour index number for the quarter preceding the quarter containing the relevant Adjustment Date
L0 = labour index number for the quarter preceding the quarter containing the previous Adjustment Date
ZA = Australian materials component (expressed as a decimal) as specified in this Annex D and any resultant Contract
MA1 = Australian materials index number for the quarter preceding the quarter containing the relevant Adjustment Date
MA0 = Australian materials index number for the quarter preceding the quarter containing the previous Adjustment Date
ZI = imported materials component (expressed as a decimal) as specified in this Annex D and any resultant Contract
MI1 = imported materials index number for the quarter preceding the quarter containing the relevant Adjustment Date
MI0 = imported materials index number for the quarter preceding the quarter containing the previous Adjustment Date
7.5 The indices for the labour component and materials applicable to this requirement are
Table D5-2: Index for Labour and Materials Price Adjustment - Separate
Index Table/Group (ABS Catalogue)
Series ID
1. Labour component
2. Australian Materials component
3. Imported Materials component
Notes to tenderers: The only Input based (cost of labour) index acceptable to the Commonwealth is ABS catalogue 6345 ‘Wage Cost Index’.
For the Australian materials component, indices selected must be appropriate, objective, consistent over time, and published regularly and readily available. Suitable indices are ABS catalogues:
[DRAFTER TO INSERT SUITABLE INDICES]
For the imported materials component, the preferred index is ABS catalogue 6457, ‘International Trade Prices Indexes’. This index includes movements in exchange rates. Use of this index precludes separate provision for price adjustment for fluctuation in exchanges rates, and accordingly use of this index is inappropriate where payment is being made to the Contractor in source currency. If an overseas index is selected for imported materials, the index must be appropriate and published by an agency of the relevant Government.
Annexes to Conditions of Tender (V1.0) A-D18
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
8. SECURITIES (RFT CORE)
Contract (Acquisition) reference: clause 7.4, 7.5, 7.6 and 7.7
Contract (Support) reference: clauses 7.4, 7.5, 7.6 and 7.7
Note to tenderers: If the tenderer proposes the payment of a Mobilisation Payment in the Schedule of Payments, the Commonwealth will require a non-reducing Mobilisation Security Deed for 50% of the amount of the Mobilisation Payment in accordance with clauses 7.4 of the Contract (Acquisition) and 7.4 of the Contract (Support).
The Contracts require both a Performance Security Deed and a Deed of Substitution and Indemnity. Tenderers should note that whether the Commonwealth requires the Contractor to provide both types of security will be determined during negotiations with the preferred tenderer and based on the risk profile associated with the preferred tenderer’s performance of the Services. The Commonwealth expects it will only require both a Performance Security and a Deed of Substitution and Indemnity where it is assessed as necessary in the circumstances.
The Commonwealth may not require any of the securities requested in the Contracts, in which case the amount nominated for such securities will be deducted from the tendered price and will not be included in any resultant Contract.
8.1 Tenderers are to provide the following details in relation to the proposed security deeds contained in Attachment I to the Contract (Acquisition) and Attachment I to the draft Contract (Support):
a. acceptability or otherwise of the security deeds;
b. any proposed alterations or alternatives;
c. proposed promisor for the Mobilisation Security Deed and Performance Security Deed, if applicable; and
d. proposed substituted contractor for the Deed of Substitution and Indemnity, if applicable.
9. AGENCY ARRANGEMENTS (RFT CORE)
Contract (Acquisition) reference: clause 7.15
Contract (Support) reference: 7.13
Note to tenderers: The Commonwealth prefers to deal directly with the tenderer and not to have an agent interposed. This preference is not intended to preclude Australian companies being commissioned by overseas companies to work on their behalf or to collaborate with them in the development of proposals.
9.1 Tenderers are to state whether they have entered into or propose to enter into agency arrangements relevant to any resultant Contract, including any agency arrangement for GST purposes in accordance with clauses 7.15 of the Contract (Acquisition) and 7.13 of the Contract (Support). If so, tenderers are to provide the following details:
a. in the event that the agent is a company, the name, ACN/ARBN and ABN as applicable and registered office of the agent;
b. in the event the agent is not a company, the name and address of the agent and if the agent is also not a natural person, an explanation of the legal personality of the agent (eg partnership etc);
c. the basis of the arrangement; and
d. the extent to which provision has been made for any payments in respect of the arrangements to be included, however indirectly, in the prices tendered.
10. FURTHER QUANTITIES AND OPTIONAL EXTRAS (OPTIONAL)
10.1 Tenderers must indicate whether they are prepared to supply further quantities of the Supplies and optional extras including those detailed in Annex E to Attachment B of the Contract (Acquisition) (if any). If so, tenderers must provide full details for the further quantities and optional extras in the same format as the Price Schedule for the Contract (Acquisition), including the time period during which the Commonwealth may exercise the option to acquire additional quantities and optional extras, and any other aspect of the option
Annexes to Conditions of Tender (V1.0) A-D19
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX D TO ATTACHMENT A
Annexes to Conditions of Tender (V1.0) A-D20
that differs from the initial tender. This information must not be included in the initial Price Schedule for the Contract (Acquisition).
11. LIFE CYCLE COST MODEL (CORE)
Note to drafters: To ensure that effective evaluation and comparisons can be made between tenders, TDID-FIN-LCC-TLCCM needs to be tailored to provide tenderers with specific inputs and assumptions that can be factored into a project-specific LCC model. Requirements for the provision of LCC information by tenderers should also require tenderers to detail any assumptions made during the preparation of the information. In particular, tenderers should be required to detail any alterations made to LCC model cell equations or algorithms during preparation of the information, including the rationale for the alteration.
Note to tenderers: Tenderers should note that the total cost of ownership and the risks and Life Cycle Cost (LCC) drivers associated with tendered solutions will be considered as part of any value for money decision by the Commonwealth.
11.1 Tenderers must provide a Tender Life Cycle Cost Model (TLCCM) in accordance with TDID-FIN-LCC-TLCCM.
12. COST REIMBURSEMENT (OPTIONAL)
Note to drafters: Delete this clause unless cost reimbursement is being offered in accordance with Clause 7.8 of the Contract (Acquisition).
Note to tenderers: The Commonwealth will consider a payment regime that includes Cost Reimbursement Payments for those high risk or developmental aspects of the draft Contract (Acquisition) identified in [...INSERT ANNEX OR ANNEXES...] of the draft SOW of the Contract (Acquisition) and not exceeding 25% of the Contract Price for the Contract (Acquisition). Tenderers may propose alternative or additional high risk or developmental aspects of the contract that will be subject to Cost Reimbursement Payments.
12.1 Tenderers proposing a payment regime for the Contract (Acquisition) that includes Cost Reimbursement Payments must specify:
a. the proposed high risk or developmental elements of the contract subject to cost reimbursement when different from the Commonwealth’s proposal; and
b. the proposed maximum amount payable under any resultant contract as Cost Reimbursement Payments.
12.2 Tenderers must include details of the proposed pricing regime that includes Cost Reimbursement Payments in the Price Schedule for the Contract (Acquisition) provided in response to TDR D-1.
12.3 Tenderers must propose a schedule of rates for labour costs and margins (including G&A and percentage profit) that will be applied to direct material costs and Subcontract costs for inclusion in Annex F to Attachment B to the Contract (Acquisition).
13. INCENTIVE PAYMENTS (OPTIONAL)
Note to drafters: Delete this clause unless incentive payments are being offered in accordance with Clause 7.12 of the Contract (Acquisition).
Note to tenderers: The amount of Incentive Payments payable under any resultant Contract (Acquisition) will be […INSERT AMOUNT AS A PERCENTAGE OF CONTRACT PRICE...].
13.1 Tenderers must provide the following details in relation to the Incentive Payment provisions:
a. acceptability or otherwise of any assessment periods, KPIs and weightings proposed by the Commonwealth at Annex I to Attachment B to the Contract (Acquisition) (if any); and
b. the tenderer’s proposed assessment periods, KPIs and weightings, if applicable.
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX E TO ATTACHMENT A
RESPONSE VOLUME: AUSTRALIAN INDUSTRY CAPABILITY (CORE)
AUSTRALIAN INDUSTRY CAPABILITY (CORE)
1. AUSTRALIAN INDUSTRY CAPABILITY PLAN (CORE)
Note to drafters: If the procurement impacts on an Industry requirement or if the expected value of the Contract exceeds $20 million, more extensive AIC clauses will be required. In this case drafters should refer to the AIC provisions contained in the ASDEFCON (Support) template. Drafters must consult the AIC Directorate at: [email protected] to identify if a PIC applies.
Drafters should also consult the AIC Directorate or visit: http://drnet.defence.gov.au/DMO/DI/AIPBranch/AIC/Pages/AIC.aspxto clarify any aspects of Industry Requirements, and for drafting guidance and support.
Note to tenderers: Tenderers should refer to the Industry Resources and Contracting sections at:
for the following references detailing Defence AIC policy:
Australian Industry Capability Better Practice Guide;
Defence and Industry Policy Statement; and
the DPPM.
1.1 Tenderers are to provide a draft AIC Schedule in accordance with Table 1 below.
1.2 Tenderers are to provide evidence that they have market tested local industry.
1.3 Any differences in approach between the Contract (Acquisition) and Contract (Support) should be detailed in the AIC schedule.
TABLE 1: AIC SCHEDULE
LIA Serial Number
LIA Description
Australian Company Name
Line Item Value(AUD)
LIA Value
(AUD)
Imported Content
(AUD)
(a) (b) (c) (d) (e) (f)
LIA-01
LIA-02
LIA-03
TOTAL
Note to tenderers: When preparing this Schedule, include all items of Supplies or Services. If necessary, break the AIC Schedule Line Item into sub line items to better describe the LIA.
a. Identification number for the LIA.
b. Description of LIA undertaken.
c. Australian company undertaking the LIA (“various” is not an acceptable response). If more than one company, detail the value of the work to each company.
d. Total value of the Line Item.
e. Value of work performed by Australian industry.
f. Indicate value of foreign work and/or inputs in providing the Supplies or Services.
Note to tenderers: Tenderers should refer to the Company ScoreCard Policy Statement which also includes information about reference sites. The information requested will be used during the evaluation of tenders to assess each tenderer’s ability to perform any resultant Contract. Additional supporting information relating to a tenderer’s or proposed Subcontractor’s past performance may also be obtained by the Commonwealth from other sources for use during the tender evaluation.
1.1 Tenderers are to provide a summary list of up to [INSERT NUMBER, EG. three] recent (ie completed within the last three years) or current contracts which may be:
a. Australian Defence contracts (whether as prime contractor or as a subcontractor in relation to a Defence contract);
b. contracts from reference sites nominated by tenderers; or
c. a combination of contracts mentioned in 1.1a and 1.1b.
1.2 Tenderers should list their highest value contracts and should include the following details:
a. contract title and number, including details of the reference site (if any) to which the contract relates;
b. contract (or project) name and number or procurement agency (if not Defence);
c. responsibility as either prime contractor/subcontractor;
d. description of product or service provided;
e. contract (or subcontract) date;
f. dollar value of contract (initial and latest agreed value); and
g. company division, the location and the nature of work.
1.3 Tenderers who have Company ScoreCards held by Defence, are to refer to any Marginal or Unsatisfactory ratings in their Company ScoreCard and provide the Commonwealth with strategies through which they will implement performance improvements for any resultant Contract and the company’s performance overall. In addition, tenderers are to indicate if they have been a contractor or subcontractor to a project that has been listed as a Project of Concern within the last three years
1.4 Tenderers are encouraged to also provide details of more highly rated Defence contracts, and of the factors relevant to the superior performance of those contracts, if such information is relevant to the RFT.
1.5 If tenderers propose in their tenders to:
a. use the skills or resources of a Related Body Corporate;
b. secure performance of any resultant Contract through its Related Body Corporate; or
c. use an Approved Subcontractor,
and those Related Bodies Corporate or Approved Subcontractors have Company ScoreCards held by Defence, tenderers are to provide the Commonwealth, in relation to any Marginal or Unsatisfactory ratings in the Related Bodies Corporate or Approved Subcontractors Company ScoreCard, to the extent known to the tenderer, strategies through which the tenderer will ensure that the Related Bodies Corporate or Approved Subcontractors will implement performance improvements for any resultant Contract and the Related Bodies Corporate or Approved Subcontractors performance overall. In addition, tenderers are to indicate if the proposed Related Bodies Corporate or Approved Subcontractors have been a contractor or subcontractor to a project that has been listed as a Project of Concern within the last three years.
1.6 A tenderer is to provide a statement as to whether or not it or any proposed Subcontractors have had any contracts with the Commonwealth terminated early for any reason in the last 10 years. The statement is to include a description of the circumstances of any terminations.
Annexes to Conditions of Tender (V1.0) A-F1
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX F TO ATTACHMENT A
2. KEY STAFF POSITIONS (CORE)
Contract (Acquisition) reference: clause 3.8
Contract (Support) reference: clause 3.10
Note to tenderers: The Commonwealth requires the successful tenderer to provide sufficient staff with the necessary skills and experience to meet the staff skills profile for any resultant Contract. The Commonwealth also needs assurance that the successful tenderer can fill the Key Staff Positions with Key Persons in the required timescale.
Key Staff Positions would normally include the Engineering Manager, Maintenance Manager, the Software Development Manager (for contracts containing a significant software component), and any key domain experts such as Safety experts, etc. Key Staff Positions would also apply to those capabilities for which there is an industry wide shortage.
2.1 Tenderers are to identify Key Staff Positions for any resultant Contract based on the Contract activities and perceived risks.
2.2 For each Key Staff Position identified in accordance with clause 2.1, tenderers are to supply, in the tenderer’s own format, a position/person specification. The position components of the position/person specifications are to include: position title, reporting relationships (both programmatic and technical), delegated authority levels, duties and responsibilities. The person components of the position/person specification are to include: qualifications, training, essential experience, desirable experience, and other attributes required of the person filling the position.
2.3 Tenderers are to identify the numbers of staff meeting each of the person specifications associated with each Key Staff Position identified in accordance with clause 2.1 for the organisational entity, including proposed Subcontractors, actually executing the task.
2.4 Tenderers are to nominate the Key Persons proposed to fill the Key Staff Positions identified in clause 2.1. Tenderers are to also provide a brief description of the proposed Key Persons, explaining how their qualifications and experience will meet the requirements of that Key Staff Position.
3. GOVERNMENT FURNISHED MATERIAL (OPTIONAL)
Contract (Acquisition) reference: clause 3.5
Contract (Support) reference: clause 3.4
Note to drafters: Include this clause if clause 3.5 has been included in the draft Contract (Acquisition) or clause 3.4 has been included in the draft Contract (Support).
GFE provided to the Contractor are to be accompanied by related information sufficient to enable safety risk assessments to be performed. For further information refer to the CASG WHS Management System (CASsafe) Requirement 10.5.1 – “Provide WHS information to users when plant is supplied”. To the extent that safety related information is not contained in Technical Data, that information will need to be provided to the Contractor as GFI or GFD (as applicable).
Option: For when the Commonwealth is mandating or proposing GFM.
Note to tenderers: All GFM that has been mandated or proposed by the Commonwealth (if any) is detailed in Annex A to Attachment E of the draft Contract (Acquisition) and Annex A to Attachment E of the draft Contract (Support).
Option: For when the Commonwealth will allow tenderers to propose GFM.
Note to tenderers: Additional GFM may be proposed by tenderers for the purposes of any resultant Contract.
3.1 Tenderers are to provide the requested detail, including a statement as to the intended purpose of the GFM (whether the GFM is to be used to assist in the production of the Services or is to be included in the Services), in accordance with the GFM Tender Response Format at Table 1.
3.2 In relation to any Commonwealth or tenderer proposed GFM, tenderers are to identify in TDR D–2 the additional cost elements to be added to the tendered price should any or all of the GFM not be made available.
Annexes to Conditions of Tender (V1.0) A-F2
ASDEFCON Linkages Module (Strategic) PART 1
ANNEX F TO ATTACHMENT A
Annexes to Conditions of Tender (V1.0) A-F3
3.3 Tenderers are to state their compliance with the dates and time periods proposed by the Commonwealth at Annex A to Attachment E of the draft Contract (Acquisition) and Annex A to Attachment E of the draft Contract (Support), or provide an alternative proposal.
Table 1: GFM Tender Response Format
Item description
Quantity Delivery Date and Location
Return Date and Location
Time Period for
Inspection
Remarks/ Intended Purpose
GFD
GFE
GFI
4. GOVERNMENT FURNISHED FACILITIES (OPTIONAL)
Contract (Acquisition) reference: clause 3.7
Contract (Support) reference: clause 3.6
Note to drafters: Include this clause if clause 3.7 has been included in the draft Contract (Acquisition) or clause 3.6 has been included in the draft Contract (Support).
Option: For when the Commonwealth is mandating or proposing GFF. Note to tenderers: All GFF that has been mandated or proposed by the Commonwealth (if any) is detailed in Annex B to Attachment E of the draft Contract (Acquisition) and Annex B to Attachment E of the draft Contract (Support).
Option: For when the Commonwealth will allow tenderers to propose GFF.
Note to tenderers: Additional GFF may be proposed by tenderers for the purposes of any resultant Contract.
4.1 Tenderers are to provide the following details:
a. details of the proposed use of the GFF;
b. any assumptions (eg cost, schedule, access, services, attribution of service costs, etc) that tenderers have made in their tender relevant to use of that GFF; and
c. any other requirements or arrangements that tenderers would require relevant to use of that GFF.
4.2 In relation to any Commonwealth or tenderer proposed GFF, tenderers are to specify in TDR D–2 the additional cost elements to be added to the tendered price should any or all of the GFF not be made available.
4.3 Tenderers are to state their compliance with the dates and time periods proposed by the Commonwealth at Annex B to Attachment E of the draft Contract (Acquisition) and Annex B to Attachment E of the draft Contract (Support), or provide an alternative proposal.
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ANNEX L TO ATTACHMENT I
DRAFT
RESPONSE VOLUME: GENERAL (CORE)
DEED OF GUARANTEE AND INDEMNITY (RFT CORE)
This DEED is made the (…) day of (...)
BETWEEN
The Commonwealth of Australia as represented by the Department of Defence ABN 68 706 814 312 (‘the Commonwealth’)
AND
(...INSERT NAME OF COMPANY)...) (...INSERT ACN/ARBN AND ABN IF APPLICABLE...), having its registered office at (...INSERT DETAILS...) (‘the Guarantor’).
RECITALS
A. The Commonwealth and the Contractor are a party to the Guaranteed Agreements.
B. The Guarantor has agreed to guarantee to the Commonwealth all of the Relevant Obligations and to indemnify the Commonwealth on the terms and conditions in this Deed.
AGREED TERMS
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1 DEFINITIONS AND INTERPRETATION (CORE)
1.1 Definitions (Core)
1.1.1 In the interpretation of this Deed, unless the contrary intention appears:
“Authorisation” means a licence, accreditation, permit, registration, regulatory approval, or other documented authority (however described), required by law.
“Contractor” means (...INSERT NAME OF COMPANY...) (...INSERT ACN/ARBN AND ABN IF APPLICABLE...).
“Constitution” means, in relation to any person, the constitution, or similar governing document(s), of that person (if any).
“Corporations Act” means the Corporations Act 2001 (Cth).
“Encumbrance” means a mortgage, charge, pledge, lien, encumbrance, title retention, preferential right, trust arrangement, contractual right of set-off or any other security agreement or arrangement in favour of any person and includes any Security Interest (as defined in section 12 of the Personal Property Securities Act 2009 (Cth)).
“Event of Default” means any event which entitles the Commonwealth to terminate a Guaranteed Agreement for Contractor default.
“Event of Insolvency” means:
a. a controller (as defined in section 9 of the Corporations Act), administrator or similar officer is appointed in respect of a person or the whole or any part of the business of a person;
b. a liquidator or provisional liquidator is appointed in respect of a person;
c. a person is, or admits in writing that it is, or is declared to be, or is taken under any applicable law to be (for any purpose), insolvent or unable to pay its debts as and when due; or
d. anything analogous to anything referred to in paragraphs (a), (b) or (c) of this definition, or which has a substantially similar effect, that occurs with respect to a person under any law.
Note to drafters: Drafters to consider whether any additional agreements should be included in this definition. For example, a GFF Licence.
“Guaranteed Agreements” means:
a. the contract dated (…INSERT DATE…) between the Commonwealth and the Contractor for the supply of (…INSERT REQUIREMENT…); and
b. (...INSERT DETAILS...).
“Guaranteed Money” means all amounts the payment or repayment of which from time to time forms part of the Relevant Obligations and includes any amount recoverable as a debt to the Commonwealth in relation to the Guaranteed Agreement.
“Obligor” means the Contractor or the Guarantor.
“Power” means any right, power, authority, discretion, remedy or privilege.
“Relevant Obligations” means all of the liabilities and obligations of the Contractor to the Commonwealth under or by reason of the Guaranteed Agreements and includes any liabilities or obligations of the Contractor which:
a. are liquidated or unliquidated;
b. are present, prospective or contingent;
c. are in existence before or come into existence on or after the date of this Deed; or
d. relate to the payment of money or the performance or omission of any act.
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“Unpaid Sum” means any sum due and payable by the Guarantor under this Deed but unpaid.
“Working Day” in relation to the doing of an action in a place, means any day in that place other than:
a. a Saturday, Sunday or public holiday; and
b. any day within the two-week period beginning on the first Saturday that falls before Christmas Day (or from Christmas Day when it falls on a Saturday).
1.2 Interpretation (Core)
1.2.1 In this Deed, unless the contrary intention appears:
a. headings are for the purpose of convenient reference only and do not form part of this Deed;
b. the singular includes the plural and vice-versa;
c. a reference to one gender includes the other;
d. a reference to a person includes a body politic, body corporate or a partnership;
e. if the last day of any period prescribed for the doing of an action falls on a day which is not a Working Day, the action shall be done no later than the end of the next Working Day;
f. a reference to an Act is a reference to an Act of the Commonwealth, State or Territory of Australia, as amended from time to time, and includes a reference to any subordinate legislation made under the Act;
g. a reference to a clause includes a reference to a sub-clause of that clause;
h. a reference to a “dollar”, “$”, “$A” or “AUD” means the Australian dollar;
i. a reference to a specification, publication, Commonwealth policy or other document is a reference to that specification, publication, Commonwealth policy or document, in effect on the date of this Deed, or alternatively, a reference to another version of the document if agreed in writing between the parties;
j. the word “includes” in any form is not a word of limitation;
k. a reference to a party includes that party’s administrators, successors, and permitted assigns, including any person to whom that party novates any part of this Deed; and
l. a reference to a document (including any Guaranteed Agreement) is to that document as varied, novated, ratified, replaced or restated from time to time.
1.3 Joint and Several Liability (Optional)
Note to drafters: Include this clause where the Guarantor comprises more than one party.
1.3.1 The expression "Guarantor" refers to each person identified as a Guarantor, and the obligations of the Guarantors under this Deed bind each person identified as a Guarantor, jointly and severally.
1.4 Liability as Guarantor and Indemnifier (Core)
1.4.1 Any reference in this Deed to the obligations or liabilities of the Guarantor shall be construed as a reference to its obligations or liabilities, whether as a guarantor or an indemnifier or both, under this Deed.
1.5 Principal Obligation (Core)
1.5.1 Each obligation of the Guarantor under this Deed constitutes a principal, not a secondary or ancillary obligation, such that, without limiting in any way the operation of any of the other provisions of this Deed, any limitation on the liability of the Guarantor which would otherwise arise by reason of its status as a guarantor, co-guarantor, indemnifier or co-indemnifier, is negatived.
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1.6 No Bias against Drafting Party (Core)
1.6.1 No term or provision of this Deed shall be construed against a party on the basis that this Deed or the term or provision in question was put forward or drafted by that party.
2 GUARANTEE (CORE)
2.1 Guarantee (Core)
2.1.1 Subject to clause 2.4, the Guarantor irrevocably and unconditionally guarantees to the Commonwealth the due and timely performance by the Contractor of all the Relevant Obligations.
2.2 Performance of Relevant Obligations (Core)
2.2.1 Subject to clause 2.4, if the Contractor fails to perform any of the Relevant Obligations in accordance with the relevant Guaranteed Agreement, the Guarantor shall, in addition to its obligations under clause 2.3, on demand from time to time by the Commonwealth, immediately cause to be performed, such Relevant Obligations required to be performed by the Contractor in accordance with that Guaranteed Agreement.
2.3 Payment by Guarantor (Core)
2.3.1 Subject to clause 2.4, if the Contractor does not pay the Guaranteed Money when due in accordance with the terms of the relevant Guaranteed Agreement, the Guarantor shall within three Working Days following demand by the Commonwealth, pay to the Commonwealth the Guaranteed Money which is then due and unpaid.
2.4 Limitation of Liability (Core)
2.4.1 Subject to clause 7.1.1, the Guarantor’s liability pursuant to this Deed in respect of any Guaranteed Agreement shall be no greater than the aggregate of the remaining Relevant Obligations of the Contractor as they exist from time to time pursuant to or arising out of that Guaranteed Agreement and the Guarantor shall be entitled to all defences and limitations of liability to which the Contractor is entitled under that Guaranteed Agreement. The total sum recoverable from the Guarantor under this Deed in respect of any Guaranteed Agreement shall not exceed the liability the Contractor would otherwise have for the Relevant Obligations under that Guaranteed Agreement.
3 INDEMNITY (CORE)
3.1.1 Subject to clause 2.4, the Guarantor, as a separate additional and primary liability, shall irrevocably and unconditionally indemnify the Commonwealth against any liability, loss, damage, cost (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), compensation or expense sustained or incurred by the Commonwealth arising out of or as a consequence of:
a. any failure by the Contractor to perform the Relevant Obligations in accordance with the Guaranteed Agreements; or
b. any obligation or liability that would otherwise form part of the Relevant Obligations being void, voidable or unenforceable against or irrecoverable from the Contractor for any reason (including the insolvency of the Contractor), whether or not the Commonwealth knew or ought to have known of that reason.
4 NATURE AND PRESERVATION OF LIABILITY (CORE)
4.1 Absolute and Unconditional Liability (Core)
4.1.1 Subject to clause 2.4, the liability of the Guarantor under this Deed:
a. is absolute and is not subject to the performance of any condition precedent or subsequent; and
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b. shall not be affected by any act, omission, matter or thing which may release the Guarantor from that liability or reduce the liability of the Guarantor (other than an express release of the Guarantor from all of its liabilities under this Deed) including any of the following:
(i) the occurrence before, on or at any time after, the date of this Deed of any Event of Insolvency in relation to any Obligor;
(ii) any Guaranteed Agreement or any payment or other act, the making or doing of which would otherwise form part of the Relevant Obligations being or becoming or being conceded to be frustrated, illegal, invalid, void, voidable, unenforceable or irrecoverable in whole or in part for any reason whether past, present or future;
(iii) the Commonwealth granting time, waiver or other concession to, or making any composition, arrangement or compromise with any other Obligor (including to or with the Contractor in respect of the liability of the Guarantor) or any other person;
(iv) the Commonwealth not exercising or delaying (whether deliberately, negligently, unreasonably or otherwise) in the exercise of any Power it has for the enforcement of any Guaranteed Agreement or any Relevant Obligation;
(v) the determination, rescission, repudiation or termination, or the acceptance of any of the foregoing, by the Commonwealth or any other Obligor of any Guaranteed Agreement or any Relevant Obligation;
(vi) any variation to any Guaranteed Agreement or any Relevant Obligation, whether or not that variation is substantial or material or imposes an additional liability on or disadvantages any Obligor;
(vii) the full, partial or conditional release or discharge by operation of law of any other Obligor from any Guaranteed Agreement or any Relevant Obligation;
(viii) the transfer, assignment or novation by the Commonwealth or any Obligor of all or any of its rights or obligations under any Guaranteed Agreement;
(ix) any person, whether named as a party or not, does not execute any Guaranteed Agreement or the execution of any Guaranteed Agreement by any person is invalid, forged or irregular in any way; or
(x) any failure by the Commonwealth to disclose to the Guarantor any material or unusual fact, circumstance, event or thing known to, or which ought to have been known by, the Commonwealth relating to or affecting any Obligor at any time before or during the term of any Guaranteed Agreement, whether prejudicial or not to the rights and liabilities of the Guarantor and whether or not the Commonwealth was under a duty to disclose that fact, circumstance, event or thing to any Obligor.
4.2 No Merger (Core)
4.2.1 The guarantee and indemnity from the Guarantor under this Deed is in addition to and does not merge with, postpone, lessen or otherwise prejudicially affect any Guaranteed Agreement or any other Power of the Commonwealth.
4.3 No Obligation to Gain Consent (Core)
4.3.1 The Guarantor has no right or entitlement to consent to or be made aware of any event referred to in clause 4.1.1b, any transaction between the Commonwealth and any Obligor or any particulars concerning any obligation or liability that forms part of the Relevant Obligations.
4.4 Appropriation (Core)
4.4.1 The Commonwealth is under no obligation to marshal or appropriate in favour of the Guarantor, or to exercise, apply, transfer or recover in favour of the Guarantor, any Encumbrance or any funds or assets which the Commonwealth holds, has a claim on, has
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received or is entitled to receive, but may do so in the manner and order as the Commonwealth determines in its discretion.
4.5 Void or Voidable Transactions (Core)
4.5.1 If a claim that a payment to the Commonwealth in connection with this Deed or any Guaranteed Agreement is void or voidable (including a claim under laws relating to liquidation, administration, insolvency or protection of creditors) is upheld by a court of competent jurisdiction or conceded or compromised then the Commonwealth is entitled immediately as against the Guarantor to the rights to which it would have been entitled under this Deed if the payment had not occurred.
4.6 Claim or Demand on the Guarantor (Core)
4.6.1 Where any Guaranteed Agreement obliges the Commonwealth to deliver a notice or demand to the Contractor or to comply with an obligation (including observing time periods for performance and Contractor opportunities to cure defaults) prior to the Commonwealth exercising a right under that Guaranteed Agreement in respect of a failure by the Contractor to comply with a Relevant Obligation, the Commonwealth shall deliver that notice or demand to the Contractor or comply with that obligation (including observing time periods for performance and Contractor opportunities to cure defaults) before making a demand under this Deed in respect of a failure by the Contractor to comply with that Relevant Obligation.
4.6.2 Subject to the Commonwealth complying with clause 4.6.1, the Guarantor agrees that the Commonwealth is not required to make any claim or demand on any Obligor, or to otherwise enforce any Guaranteed Agreement or any other right, power or remedy against any other Obligor, before making any demand or claim on the Guarantor.
4.7 Waiver of Rights (Core)
4.7.1 The Guarantor may not exercise any right of contribution, indemnity or subrogation which it might otherwise be entitled to claim and enforce against or in respect of any other Obligor before the Relevant Obligations are satisfied in full and irrevocably waives all of those rights of contribution, indemnity or subrogation it may have before the Relevant Obligations are satisfied in full.
5 REPRESENTATIONS AND WARRANTIES (CORE)
5.1 General Representations and Warranties (Core)
5.1.1 The Guarantor represents and warrants to the Commonwealth that:
a. this Deed constitutes its valid and legally binding obligation and is enforceable against it in accordance with its terms, subject to any necessary stamping and registration requirements and laws affecting creditors' rights generally;
b. the execution, delivery and performance of this Deed and each transaction contemplated by this Deed does not violate or breach any law or any document or agreement to which it is a party or which is binding on it or any of its assets;
c. all Authorisations required to be obtained by it in connection with the execution, delivery and performance of this Deed, the transactions contemplated by this Deed and the legality, validity and enforcement of this Deed have been obtained and are valid and subsisting and it is not aware of any breach of any of the conditions of any of those Authorisations or aware of any fact or circumstance which may cause any of those Authorisations to be suspended, forfeited, cancelled or rendered void;
d. no Event of Default has occurred which has not been remedied or waived in accordance with the terms of the relevant Guaranteed Agreement;
e. it is not the trustee of any trust; and
f. it does not enjoy immunity from suit or execution in relation to its obligations under this Deed.
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5.2 Corporate Representations and Warranties (Core)
5.2.1 The Guarantor represents and warrants to the Commonwealth that:
a. it is duly registered and remains in existence;
b. its execution, delivery and performance of this Deed does not (and the transactions contemplated by this Deed do not) violate its Constitution nor, if the Guarantor is listed on a stock exchange, any listing requirements or business rules of the applicable stock exchange;
c. it has the power to enter into, deliver and perform this Deed and to carry out the transactions contemplated by this Deed;
d. it has taken all corporate action required to enter into, deliver and perform this Deed and to carry out the transactions contemplated by this Deed; and
e. the entry into and the performance of its obligations under this Deed is in its best interests and for a proper purpose.
5.3 Representations and Warranties Repeated (Core)
5.3.1 Each representation and warranty in clauses 5.1 and 5.2 shall be repeated on each day while any of the Relevant Obligations remain outstanding with reference to the facts and circumstances then subsisting, as if made on each such day.
6 PAYMENTS (CORE)
6.1 Payments on Demand (Core)
6.1.1 All payments by the Guarantor under this Deed are to be made to the Commonwealth in Australian dollars in immediately available funds and on the due date specified in the notice to the Guarantor or if no due date is specified, within three Working Days following receipt of demand by the Commonwealth.
6.2 Payments of Interest on Unpaid Sums (Core)
6.2.1 The Guarantor shall pay default interest on all Unpaid Sums. Default interest shall be calculated:
a. where the Contract provides for the payment of default interest for late payment by the Contractor, in accordance with the relevant provisions of the Contract; and
b. otherwise in accordance with clause 6.2.2.
6.2.2 Where this clause 6.2.2 applies, default interest shall be calculated in accordance with the following formula:
I% x P x n Interest payment =
365 Where:
"I%" means the Australian Taxation Office sourced General Interest Charge rate current at the due date of payment of the Unpaid Sum expressed as a percentage;
"P" means the amount of the Unpaid Sum; and
"n" means the number of days after the due date for payment that the payment of the Unpaid Sum is made.
6.2.3 Notwithstanding any of the terms of the Contract, default interest accruing under this clause 6.2 shall be immediately payable by the Guarantor on demand by the Commonwealth.
6.3 No Set-off or Counterclaim (Core)
6.3.1 All payments by the Guarantor under this Deed shall be without any set off or counterclaim, and the Guarantor irrevocably waives any rights of set-off or counterclaim which it may have against the Commonwealth.
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6.4 Merger (Core)
6.4.1 If the liability of the Guarantor to make any payment under this Deed becomes merged in any judgment or order, the Guarantor shall as an independent obligation pay to the Commonwealth interest at the rate which is the higher of that payable under clause 6.2 and that fixed by or payable under the judgment or order.
6.5 No Deduction for Taxes (Core)
6.5.1 All payments by the Guarantor under this Deed shall be without deduction or withholding for any present or future taxes, unless the Guarantor is compelled by law to deduct or withhold the same.
6.5.2 If the Guarantor is compelled by law to make any deduction or withholding from any payment under this Deed on account of taxes, the Guarantor shall on demand by the Commonwealth pay to the Commonwealth any additional amounts necessary to ensure that the Commonwealth receives (after all deductions and withholdings for taxes) a net amount equal to the full amount which it would have been entitled to receive and retain had the deduction or withholding not been made.
7 EXPENSES (CORE)
7.1 Reimbursement (Core)
7.1.1 The Guarantor shall reimburse the Commonwealth on demand for, and shall indemnify the Commonwealth against any liability, loss, damage, cost (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), compensation or expense sustained or incurred by the Commonwealth arising out of or as a consequence of the Commonwealth exercising, enforcing or preserving, or attempting to exercise, enforce or preserve, any rights under this Deed. The limitation of liability in clause 2.4 does not apply to this clause.
8 GOODS AND SERVICES TAX (CORE)
8.1 Goods and Services Tax (Core)
8.1.1 In this clause, ‘GST’ means the Commonwealth tax imposed by the A New Tax System (Goods and Services Tax) Act 1999, and ‘adjustment event’, ‘input tax credits’, ‘taxable supply’ and ‘tax invoice’ have the respective meanings given to them by that Act.
8.1.2 If a party (the ‘Supplier’) makes a taxable supply to another party in relation to this Deed or any matter or thing occurring under this Deed (the ‘Recipient’), and the consideration otherwise payable for the taxable supply does not include GST, the Supplier will be entitled to recover from the Recipient the amount of any GST on the taxable supply, in addition to any other consideration recoverable for the taxable supply.
8.1.3 If the amount paid by the Recipient to the Supplier for GST differs from the actual amount of GST payable for the taxable supply (taking into account any adjustment events that occur in relation to the taxable supply), the following adjustments apply:
a. if the amount paid by the Recipient exceeds the GST on the taxable supply, the Supplier will refund the excess to the Recipient; or
b. if the amount paid by the Recipient is less than the GST on the taxable supply, the Recipient will pay the balance to the Supplier.
8.1.4 If a party is entitled to recover or be compensated for all or a proportion of its costs in relation to this Deed or any matter or thing occurring under this Deed, the amount of the recovery or compensation is reduced by the amount of (or the same proportion of the amount of) any input tax credits available in relation to those costs.
8.1.5 A party is not required to pay any amount for GST to another party unless a valid tax invoice has been issued for that GST.
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9 NO REPRESENTATION BY OR RELIANCE (CORE)
9.1.1 The Guarantor acknowledges that:
a. the Commonwealth does not have any duty to supply it with information in relation to or affecting the Contractor or the Commonwealth before the date of this Deed or during the term of any Guaranteed Agreement;
b. it has relied on its own inquiries as to the Contractor, the nature and extent of the entire relationship between the Contractor and the Commonwealth (whether or not recorded in the Guaranteed Agreements) and the nature and effect of the Guaranteed Agreements; and
c. it does not enter into this Deed in reliance on any representation, promise, statement, conduct or inducement by or on behalf of the Commonwealth, except for any inducement expressly set out in this Deed.
10 ASSIGNMENT AND NOVATION (CORE)
10.1.1 Neither party may, without the prior written consent of the other party, assign, novate or otherwise transfer any of its rights or obligations under this Deed.
11 RESOLUTION OF DISPUTES (CORE)
11.1.1 A party shall not commence court proceedings relating to any dispute arising from this Deed except when that party seeks urgent relief from a court or when dispute resolution has failed under this clause 11. If a party fails to comply with this clause 11, the other party is not required to undertake dispute resolution for the dispute in accordance with clause 11.
11.1.2 The parties shall negotiate in good faith to settle a dispute arising between them and, if the dispute cannot be settled by negotiation (including negotiation between senior management of the parties) within […INSERT PERIOD…] days, the parties may agree to use an alternative dispute resolution process to attempt to resolve the dispute.
11.1.3 The parties shall at all times during the dispute continue to fulfil their obligations under this Deed.
12 MISCELLANEOUS (CORE)
12.1 Notices (Core)
12.1.1 Unless the contrary intention appears, any notice or communication under this Deed shall be effective if it is in writing and sent from and delivered to the Commonwealth or Guarantor, as the case may be, at the following address:
(…INSERT COMMONWEALTH ADDRESS, FAX NUMBER AND EMAIL …)
(…INSERT GUARANTOR ADDRESS, FAX NUMBER AND EMAIL …)
12.1.2 A notice or communication is deemed to be delivered:
a. if sent by pre-paid post, in three Working Days when sent within Australia and in eight Working Days when sent by air mail from one country to another;
b. if hand delivered, when received at the address, or by the recipient if sooner;
c. if sent by facsimile, when the sender's facsimile system generates a message confirming successful transmission of the total number of pages of the notice, unless within one Working Day after that transmission, the recipient informs the sender that it has not received the entire notice; or
d. if sent as an email, when the email enters the recipient’s information system, unless the sender’s information system receives a message within one Working Day that the email has not been delivered to the recipient,
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but if the receipt, transmission or entry into the information system is not on a Working Day or is after 5.00pm (recipient's local time) on a Working Day, the notice is taken to be received at 9.00am (recipient’s local time) on the next Working Day.
12.2 Laws (Core)
12.2.1 The laws of (...INSERT RELEVANT STATE OR TERRITORY...) apply to this Deed, and the courts of that State or Territory have non-exclusive jurisdiction to decide any matter relating to this Deed.
12.3 Entire Agreement (Core)
12.3.1 This Deed represents the parties’ entire agreement in relation to the subject matter and supersedes all tendered offers and prior representations, communications, agreements, statements and understandings, whether oral or in writing.
12.4 Further Assurances (Core)
12.4.1 Each party shall take the steps, sign the documents, and do all other acts and things as may be reasonably required by the other party to give effect to this Deed and to perfect the Powers afforded or created by this Deed.
12.5 Powers Cumulative (Core)
12.5.1 The Powers conferred by this Deed on the Commonwealth are cumulative and in addition to all other Powers available to the Commonwealth by law or under any Guaranteed Agreement.
12.6 Form of Demand (Core)
12.6.1 A demand on the Guarantor for payment under this Deed may be in any form and contain any information as the Commonwealth determines.
12.7 Severability (Core)
12.7.1 If any part of this Deed is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the Deed shall not be affected and shall be read as if that part had been severed.
12.8 Waiver (Core)
12.8.1 Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, any Power provided by law or under this Deed by the Commonwealth does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other Power provided by law or under this Deed.
12.8.2 A waiver or consent given by the Commonwealth under this Deed is only effective and binding if it is given or confirmed in writing by the Commonwealth.
12.8.3 No waiver of a breach of a term of this Deed operates as a waiver of another breach of that term or of a breach of any other term of this Deed.
12.9 Consents (Core)
12.9.1 A consent required under this Deed from the Commonwealth may be given or withheld, or may be given subject to any conditions, as the Commonwealth (in its discretion) thinks fit, unless this Deed expressly provides otherwise.
12.10 Moratorium Legislation (Core)
12.10.1 To the fullest extent permitted by law, all laws which at any time operate directly or indirectly to lessen or affect in favour of the Guarantor any obligation under this Deed, are expressly waived.
12.11 Binding on each Signatory (Core)
12.11.1 This Deed binds and is enforceable against the Guarantor despite:
a. any other person not executing this Deed or its execution being defective in any way; or
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b. any obligation or liability of any other party under this Deed not being binding or enforceable against that party for any reason.
12.12 Counterparts (Core)
12.12.1 This Deed may be executed in any number of counterparts and by the parties on separate counterparts. Each counterpart constitutes the Deed of each party who has executed and delivered that counterpart.
Note to drafters: Appropriate execution clauses and instructions on their use are detailed in the ‘Guide to Executing Agreements’, found in the Procurement and Contracting Policy and Practice intranet page under the ASDEFCON and Contracting Initiatives section at: http://intranet.defence.gov.au/dmoweb/sites/PP/ComWeb.asp?page=72671
1. DRAFT CONTRACT WORK BREAKDOWN STRUCTURE (CWBS) AND CWBS DICTIONARY (CORE)
Note to tenderers: The Commonwealth needs to understand how the tenderer plans to undertake the activities defined in the draft SOW and to ensure that:
a. tenderers have sound technical, cost and schedule control mechanisms in place;
b. technical control is integrated with cost and schedule control via the CWBS; and
c. Subcontractors’ work breakdown structures are consistent and integrated into the CWBS.
The Glossary at Attachment M to the draft conditions of contract includes a WBS Dictionary for the summary WBS elements below.
1.1 Tenderers must provide a draft indented CWBS and CWBS Dictionary based on the summary Work Breakdown Structure (WBS) detailed below.
Note to drafters: If the system in question is not an Electronic / Automated Software System then the non-generic WBS elements should be changed as needed using the appropriate MIL-HDBK-881 summary WBS as guidance.
Electronic/Automated Software System
Mission System
Support System
Platform Integration
Project Management
Systems Engineering
Verification and Validation
Integrated Logistics Support
1.2 The draft CWBS must contain as much detail as necessary to demonstrate an understanding of the work effort required to successfully achieve the end objective of any resultant contract and to ensure that technical control is integrated with cost and schedule control, including:
a. those tasks associated with the requirements analysis, system definition, architectural design, detailed design, production, and Verification and Validation (V&V) for the Mission System at the system and subsystem levels;
b. those tasks associated with the design, development, production, and V&V for all Mission System Configuration Items (CIs);
c. those tasks associated with the requirements analysis, system definition, system design, and V&V of the Support System at the system level;
d. those tasks associated with the requirements analysis, design, development, production and V&V of Support System components; and
e. those tasks associated with activities to meet Industry Requirements.
1.3 Tenderers must prepare and deliver the indented CWBS in a tool such that it can be reviewed at any level of expansion (for instance using Outline Mode in Microsoft Word).
1.4 The CWBS dictionary is to be keyed to the CWBS index and define the scope of each CWBS element in the indented CWBS.
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2. DRAFT CONTRACT MASTER SCHEDULE (CORE)
Note to tenderers: The Commonwealth needs to:
a. understand the tenderer’s time-based sequence of activities, as defined in the CWBS;
b. assess the level of schedule risk associated with the tenderer’s proposal (including proposed Subcontractors);
c. ensure that time estimates and dependencies are realistic and consistent with the tasks defined in the CWBS dictionary; and
d. ensure that the proposed Subcontractors’ time-based sequence of activities are realistic and consistent with the Contract Master Schedule (CMS).
2.1 Tenderers must provide a draft CMS in accordance with DID-PM-DEF-CMS in the form of a Gantt Chart in Microsoft Project, Open Plan Professional or other agreed scheduling software.
2.2 The draft CMS must contain as much detail as necessary to demonstrate an understanding of the work effort required to successfully achieve the end objective of the proposed contract, including:
a. those tasks associated with the requirements analysis, system definition, architectural design, detailed design, production, and V&V for the Mission System at the system and subsystem levels;
b. those tasks associated with the design, development, production, and V&V for all Mission System CIs;
c. those tasks associated with the requirements analysis, system definition, system design, and V&V of the Support System at the system level;
d. those tasks associated with the requirements analysis, design, development, production and V&V of Support System components; and
e. those tasks associated with activities to meet Industry Requirements.
2.3 The draft CMS is to include a description of each Milestone, identification of the organisation primarily responsible for its accomplishment (Contractor, Subcontractor or Commonwealth), and a scheduled date for its accomplishment.
2.4 The draft CMS must be capable of showing the schedule information for the control accounts and work packages in the EVMS.
3. KEY STAFF POSITIONS (CORE)
Note to tenderers: The Commonwealth requires the successful tenderer to provide sufficient staff with the necessary skills and experience to meet the project staff skills profile. The Commonwealth also needs assurance that the successful tenderer can fill the Key Staff Positions with Key Persons in the required timescale.
Key Staff Positions would normally include the Project Manager, the Systems Engineering Manager, the Software Development Manager (for projects containing a significant software component), and any key domain experts such as Radar Design Engineers, IT System Design Engineers, Safety Experts etc. Key Staff Positions would also apply to those capabilities for which there is an industry wide shortage.
3.1 Tenderers must identify Key Staff Positions for any resultant contract based on the project activities and perceived risks.
3.2 For each Key Staff Position identified in accordance with clause 3.1 of Attachment B, TDR-A-3, tenderers must supply, in the tenderer’s own format, a position / person specification. The position components of the position/person specifications are to include: position title, reporting relationships (both programmatic and technical), delegated authority levels, duties and responsibilities. The person components of the position / person specification are to include: qualifications, training, essential experience, desirable experience, and other attributes required of the person filling the position.
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3.3 Tenderers must identify the numbers of staff meeting each of the person specifications associated with each Key Staff Position identified in accordance with clause 3.1 of Attachment B, TDR-A-3 for the organisational entity, including proposed Subcontractors, actually executing the task.
3.4 Tenderers must nominate the Key Persons proposed to fill the Key Staff Positions identified in clause 3.1 of Attachment B, TDR-A-3. Tenderers should also provide a brief description of the proposed Key Persons, explaining how their qualifications and experience will meet the requirements of that Key Staff Position.
4. DRAFT PROJECT MANAGEMENT PLAN (CORE)
Note to tenderers: The Commonwealth needs to ensure consistency between the WBS, CMS and the skills profile of the tenderer’s workforce and to understand:
a. how the tenderer plans to conduct the program of work defined in the draft SOW;
b. the tenderer’s relationship with the proposed Subcontractors;
c. the tenderer’s organisational structure;
d. the tenderer’s approach to risk management; and
e. other topics addressed in the PMP.
4.1 Tenderers must provide a draft Project Management Plan in accordance with DID-PM-MGT-PMP.
5. MEASUREMENT & ANALYSIS (CORE)
Note to tenderers: The successful tenderer will be required to implement a measurement program that satisfies the requirements of ISO/IEC 15939 Information Technology – Software Measurement Process. The measurement program is one that addresses the information needs specific to the project. The Commonwealth’s preference is to apply the Practical Software and Systems Measurement (PSM) methodology.
The measurement program will be used to effectively track the progress and performance of the project and is expected to assist the Contractor and Commonwealth Representative in making informed decisions based on objective and quantifiable information.
The measurement program will involve the Contractor and associated Subcontractors. The Commonwealth Representative will therefore require access to Contractor and Subcontractor measurement data to perform independent analysis.
Option: For when offer definitions activities will be undertaken.
Note to tenderers: Where the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it will be required to support a facilitated measurement workshop prior to the Effective Date to identify and agree information needs that warrant tracking through measurement and to agree the mechanisms for the collection, analysis, reporting and access of relevant measurement data. The agreed information needs, measures and mechanisms will be recorded in the Approved Measurement Plan to be included as a contract requirement.
5.1 The tenderer must indicate a willingness to participate in the measurement program.
5.2 The tenderer must describe how they intend to address the Commonwealth’s requirements to implement the measurement program.
5.3 The tenderer must describe any measurement program(s) currently being used or intended for future use by the tenderer on other projects.
6. EARNED VALUE MANAGEMENT SYSTEM (CORE)
Note to tenderers: The successful tenderer will be required to participate in an Earned Value Management System (EVMS) Implementation Workshop (IW) during either the offer definition activities or contract negotiations. The workshop will focus on the successful tenderer’s
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implementation strategy and operation of the proposed EVMS in the tendered draft EVMP. The IW will be used to:
a. clarify the Commonwealth’s EVMS requirements;
b. give the successful tenderer the opportunity to clarify how the proposed EVMS will meet these requirements;
c. discuss risks associated with the successful tenderer’s EVMS (implementation and operation);
d. discuss and agree on the reporting requirements to the Commonwealth including:
(i) the reporting levels by CWBS element for EVPR Format 1;
(ii) the functional reporting structure for EVPR Format 2;
(iii) the specific periods for EVPR Format 3;
(iv) the labour structure for EVPR Format 4; and
(v) the variance thresholds that, when exceeded, require the provision of EVPR Format 5; and
(vi) the electronic formats for the provision of EVMS data to the Commonwealth to facilitate data transfer and analysis.
The agreed outcomes from the IW will be documented in a revised EVMP to be reviewed and approved in accordance with any resultant contract.
6.1 Tenderers must provide a draft Earned Value Management Plan (EVMP), in accordance with at least the sections of DID-PM-MGT-EVMP identified in Table 1.
Table 1 – Required Clauses from DID-PM-MGT-EVMP
Section Name
6.1 Generic Format and Content
6.2.1 General
6.2.2 Earned Value Management System Overview, with the exception of clause 6.2.2.1c
6.2.3 Implementation Process
6.2 Tenderers must indicate their willingness to undergo an assessment by the Commonwealth, on site if necessary, of their EVMS for compliance with, or potential compliance with, the EVMS standards defined in the draft Contract as part of the tender evaluation.
7. RISK ASSESSMENT AND STRATEGY (CORE)
7.1 Tenderers must provide a detailed risk assessment for the performance of the resultant contract which:
a. identifies the risks associated with the tendered proposal, including technical, commercial, legal, financial, operational aspects and schedule risks;
b. categorises those risks according to the likelihood and consequence of their occurrence; and
c. in relation to each risk identified indicates whether the tenderer proposes to:
(i) reduce that risk, and if so through what mechanism;
(ii) accept that risk; or
(iii) transfer that risk, and if so to whom.
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8. QUALITY STATEMENT (CORE)
Note to tenderers: The successful tenderer will be required to have at the Effective Date a Quality Management System (QMS) Certified to AS/NZS ISO 9001:2000 “Quality Management Systems – Requirements”. The tenderer’s Certified QMS will be required to have a Certification scope which is appropriate for the work to be undertaken in accordance with any resultant contract. Where software and firmware design or development is required the successful tenderer will also be required to have at the Effective Date a QMS structured to control software development by the application of suitable software guidelines or development standards agreed by the Commonwealth. An example of software guidelines which may be applied to the appropriate standards is Standards Association of Australia (SAA) Handbook HB 90.9 Software Development - Guide to ISO 9001:2000. Other guidelines published by an appropriate National Standards body may be applied with the agreement of the Commonwealth. Tenderers will be required to undergo an assessment by the Commonwealth of their quality system if deemed necessary, as part of the tender evaluation. Tenderers are not required to provide a Quality plan or manual as part of the tender response. Any plan or manual provided may not be assessed as part of the tender evaluation. Tenderers should note the Quality requirements in the draft Statement of Work and in particular that Quality plans are required to be finalised in consultation with the Commonwealth, including being delivered and Approved by the Effective Date of any resultant contract.
Maturity of the Quality Management System
8.1 Tenderers must supply information on the maturity of the QMS including:
a. details of the history of the QMS including a description of the level of workforce involvement in the development and maintenance of the QMS;
b. details of continual improvement initiatives particularly related to processes for hardware and software, including implementation methodology; and
c. details of planned changes or upgrades to the current Certification level or scope where applicable.
8.2 If the tenderer’s QMS is certified by a body not accredited under JAS-ANZ details of the certifying body and scope of certification held are to be provided.
8.3 If the tenderer has the technical capacity and experience to provide Supplies meeting the draft Contract requirements, but has not yet achieved Certification, arrangements to obtain Certification, including timescale, the proposed Certification body and the standard to be attained, must be provided.
Certificates and Approvals
8.4 Tenderers must provide the following:
a. copies of Certification certificates for each of the tenderer’s sites that are to be involved with the provision of Supplies. The certificates are to identify the individual sites, the standard to which certification is gained and the scope of the certified quality system(s);
b. statements of recognition of the quality system from other organisations [i.e. Commercial Authorised Engineering Organisations (AEOs) assigned by the ADF Technical Airworthiness Regulator (ADF TAR), Civil Aviation Safety Authority (CASA), Federal Aviation Authority (FAA), Joint Aviation Authority (JAA), RAAF, RAN and Army accredited AEOs and/or Approved Maintenance Organisation/Accredited Maintenance Organisation (AMOs)];
c. where applicable, evidence is to be provided that the quality system is structured to control the design and development of software by the application of a suitable development or guidance standard; and
d. copies of those parts of their quality manual which describe and justify permissible exclusions under section 1.2 of the standard.
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Scope of Quality Management System in relation to the Statement of Work
8.5 Tenderers must provide a statement detailing how the scope of their Certified QMS is to be applied to the overall work of any resultant contract. The statement should identify how any out-of-scope activities and new capabilities will be verified. Where the tenderer intends to subcontract design, development, installation, manufacturing or integration activity which is outside their capability or the scope of their certification, specific details of how the tenderer intends to verify compliance to contract requirements is to be included in the response (eg. Independent Verification and Validation (IV&V) agents, specialist training or recruitment of specific technological support).
Quality Management of Subcontractors
8.6 Tenderers must provide the following:
a. details of their processes for quality management of Approved Subcontractors where these Subcontractors would be involved in:
(i) hardware/software/firmware design, development, installation, manufacturing or integration; or
(ii) significant manufacture of items of Supplies to level 5 of the Contract Work Breakdown Structure;
b. for each Approved Subcontractor identified above, provide a description of the scope of work to be undertaken in support of this project (sufficient information is to be provided to determine the extent of any design, development, installation, manufacturing or integration activity); and
c. for each Approved Subcontractor identified above, provide all the information required under clauses 8.1 to 8.5 of Attachment B, TDR A-8.
Note to tenderers: The response to this Quality Statement should be no more than ten pages of text (not including printed material e.g. certificates, brochures etc).
9. WORK HEALTH AND SAFETY MANAGEMENT STATEMENT (CORE)
Note to tenderers: This requirement addresses WHS in respect of work performed under any resultant Contract to which the WHS Legislation applies (eg. work performed in Australia), particularly for any work performed on Commonwealth Premises, such as installation activities. The Materiel Safety of the Supplies, and the implications for WHS in in-service support should be addressed in Attachment B, TDR C-10.
WHS Management
9.1 Tenderers must briefly describe how, for any resultant Contract, organisational WHS policies and processes, including safety risk assessment procedures, would be applied to the scope of work to be performed under the Contract.
9.2 Where the draft Contract requires the Contractor to have a Work Health and Safety Management System (WHSMS), tenderers must briefly describe their WHSMS, including details of its scope, with respect to the draft Contract, and audit regime.
9.3 Where the draft Contract requires the Contractor and/or Subcontractors to perform work on Commonwealth Premises, tenderers must identify any Authorisations relating to WHS that will be required for this work, and must describe how they propose to obtain and/or maintain these Authorisations.
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Problematic Substances and Problematic Sources used on Commonwealth Premises
Note to drafters: The following note to tenderers refers to the Defence WHS Manual (as an updated replacement to SAFETYMAN). If this document has not been released by the time of drafting, amend the note to tenderers to refer to the applicable parts and chapters of SAFETYMAN.
Note to tenderers: Commonwealth policy on Problematic Substances is detailed in the DPPM (eg, chapters 3.10 and 3.16) and the Defence WHS Manual. Commonwealth policy on Problematic Sources is detailed in the Defence Corporate Radiation Safety Management System (RSMS). Approved Problematic Substances and Problematic Sources to be used on Commonwealth Premises will be annexed to the Approved H&SMP (or the Hazard Log for Supplies) under any resultant Contract; however, Approval will not be granted if the inclusion of a substance or source infringes any Australian Federal, State or Territory legislation.
9.4 Tenderers must indicate whether they propose to use any Problematic Substances or Problematic Sources on Commonwealth Premises under any resultant Contract. If so, tenderers must indicate what these Problematic Substances and Problematic Sources are, and the purposes for which they will be used, under any resultant Contract.
10. FACILITY AND INFORMATION COMMUNICATIONS TECHNOLOGY (ICT) SYSTEMS SECURITY ACCREDITATION (OPTIONAL)
Draft conditions of contract reference: clause 10.10
Note to drafters: Include this clause if clause 10.10 has been included in the draft COC.
Classified information should not be included as part of a RFT except in exceptional circumstances. Where the RFT is to include classified information, drafters should consult with their Project Security Officer.
Note to tenderers: Tenderers should refer to clause 10.10 of the draft conditions of contract for details regarding the security classification and categorisation of work to be performed under any resultant contract and the facility accreditations and ICT system accreditations (if any) that are required for the performance of any resultant contract.
When holding or transmission of Communications Security (COMSEC) material is necessary only certain companies will be eligible to conduct the COMSEC aspects of any resultant contract.
For further information on COMSEC, classification, categorisation and accreditations, and for access to the DSM, tenderers should contact the Contact Officer.
10.1 Tenderers must provide the following details for all premises proposed in their tender for the storage of classified documents, classified assets or assets categorised as […INSERT BUSINESS IMPACT LEVEL..] or above, or the housing of information systems for the processing of classified data:
a. physical address of facility;
b. facility accreditation(s) held (type and level), when granted and by whom; and
c. ICT system accreditation(s) held (type and level), when granted and by whom.
10.2 If appropriate accreditations are not held, then tenderers must indicate their willingness to undergo the procedures for obtaining the requisite accreditations.
10.3 Tenderers must provide the above information in relation to all Subcontractors who will require access to security classified information.
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ANNEX B TO ATTACHMENT B
RESPONSE VOLUME: TECHNICAL (CORE)
TECHNICAL AND OPERATIONAL DESCRIPTION (CORE)
1. OPERATIONAL DESCRIPTION (CORE)
Note to drafters: This section is intended to address the capability that will be delivered to the user from an operational perspective. Based on the OCD for the system, there are a number of Critical Operational Issues (COIs) that are significant in defining the capability delivered to the user. This section is intended to request information that allows the Commonwealth to directly or indirectly assess the merits of each tenderer’s proposal in terms of the COIs. This may often include preliminary models for key aspects of system performance.
1.1 Tenderers must […INSERT DESCRIPTION THAT ALLOWS THE COMMONWEALTH TO EVALUATE HOW THE PROPOSAL SATISFIES COI 1…].
1.2 Tenderers must […INSERT DESCRIPTION THAT ALLOWS THE COMMONWEALTH TO EVALUATE HOW THE PROPOSAL SATISFIES COI N…].
2. TECHNICAL DESCRIPTION (CORE)
Note to drafters: This section must be developed as needed for the particular project and should include documentation to provide information on such elements as: a. product breakdown structure and identification of system components, including
hardware and software down to CI level;
b. description of the interaction between components;
c. level of development for each component;
d. maturity of interfaces;
e. description of how the key system functionality is met (including areas such as human factors engineering and human-machine interface);
f. description of key design drivers and key design decisions;
g. identification of the tenderer’s perceived technical risk areas and their approach to mitigating risk in each area; and
h. specific key areas of the design that may also require requests for information to assess risk eg. proposed security architecture.
Note to drafters: If access to the Radiofrequency Spectrum is likely to be required, then the following clauses must be inserted into this section.
Note to tenderers: The following information is being sought because Australia has specific regulatory requirements associated with access to the Radiofrequency Spectrum. Solutions sourced from outside of Australia have a high risk of not meeting Australian regulatory or specific Defence requirements.
Option: For use if access to the Radiofrequency Spectrum is required.
2.1 Tenderers must provide a preliminary Equipment Certification to Access Radiofrequency Spectrum (ECARS) in accordance with DID-ENG-SOL-ECARS, as tailored by the following requirements:
a. The ECARS (also known as the form AA763) is to consist of information entered onto the “System General Information Page” for each system, sub-system, Configuration Item (CI) or end product that requires access to, use of, or relies on the Radiofrequency Spectrum for its operation.
b. Completion of the “Transmitter Equipment Characteristics”, “Receiver Equipment Characteristic” and “Antenna Equipment Characteristics” pages is optional; however, this additional information should be provided when its inclusion would allow the
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Commonwealth to properly evaluate Radiofrequency Spectrum requirements. Additional information should be attached where appropriate.
Note to drafters: If access to the Radiofrequency Spectrum is likely to be required, drafters should consider including an evaluation criterion in clause 6 of the conditions of tender that states that preference may be given to systems that operate wholly within those parts of the RF spectrum designated in the current edition of the ‘Australian Radiofrequency Spectrum Plan’ as being designated for Defence purposes.
3. SYSTEM EVOLUTION AND GROWTH (OPTIONAL)
Note to drafters: This section should be included when the Mission System or significant elements of the Support System are likely to be subject to significant change over their life or these systems use COTS items that have a short market life.
Note to tenderers: The Commonwealth intends to assess the tenderer’s proposed management strategies for system evolution, growth and obsolescence through the draft Growth Plan (GP). The GP must also provide input into the LCC risk assessment. Where the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the GP in consultation with the Commonwealth to allow the GP to be included in any resultant contract.
3.1 Tenderers must provide a draft Growth Plan (GP) in accordance with DID-ENG-MGT-GP.
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ANNEX C TO ATTACHMENT B
RESPONSE VOLUME: TECHNICAL (CORE)
TECHNICAL/ENGINEERING (CORE)
1. DRAFT SYSTEMS ENGINEERING MANAGEMENT PLAN (CORE)
Note to tenderers: The Commonwealth intends to assess the tenderer’s system engineering development strategy for the project and its associated risks through the approach, plans and procedures documented in the draft Systems Engineering Management Plan (SEMP).
If the tenderer plans to subcontract significant development activities, the response should include plans for the technical monitoring of Subcontractors and the integration and control of products received from Subcontractors.
Option: For use if offer definition activities will be undertaken.
Note to tenderers: If the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the SEMP in consultation with the Commonwealth to allow it to be included in any resultant contract. 1.1 Tenderers must provide a draft SEMP in accordance with DID-ENG-MGT-SEMP.
2. DRAFT TECHNICAL DOCUMENTATION TREE (CORE)
Note to tenderers: The Commonwealth intends to assess the tenderer’s proposed engineering development documentation for the project through the draft Technical Documentation Tree (TDT). If the tenderer plans to subcontract development activities, the TDT is to include the proposed technical documentation of Subcontractors.
Option: For use if offer definition activities will be undertaken.
Note to tenderers: If the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the TDT in consultation with the Commonwealth to allow it to be included in any resultant contract. 2.1 Tenderers must provide a draft Technical Documentation Tree in accordance with DID-ENG-
SOL-DOCTREE.
3. DRAFT VERIFICATION AND VALIDATION PLAN (CORE)
Note to tenderers: The Commonwealth intends to assess the tenderer’s Verification and Validation strategy for the project and its associated risks through the approach, plans and procedures documented in the draft Verification and Validation Plan (V&VP).
If the tenderer plans to Subcontract significant development activities, the response should include plans for the monitoring of Subcontractor Verification and Validation activities and the Contractor’s acceptance criteria for products received from Subcontractors.
Option: For use if offer definition activities will be undertaken.
Note to tenderers: If the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the V&VP in consultation with the Commonwealth to allow it to be included in any resultant contract.
Option A: For use if the Commonwealth intends to select one preferred tenderer.
3.1 Tenderers must provide a draft V&V Plan in accordance with DID-V&V-MGT-V&VP, Verification and Validation Plan.
Note to drafters: When this option is selected, Table 1 (following) should be deleted.
Option B: For use if the Commonwealth intends to select two or more tenderers who will participate in an offer definition phase.
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3.2 Tenderers must provide a draft V&V Plan in accordance with at least the sections of DID-V&V-MGT-V&VP, Verification Management Plan shown in Table 1.
3.3 If a tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it must finalise the draft V&V Plan (including those sections of DID-V&V-MGT-V&VP that were not required to be provided in response to the Request for Tender) in consultation with the Commonwealth, to enable the V&V Plan to be included as an Attachment to any resultant Contract.
Table 1 - Minimum Requirements for draft V&VP
Section Name
6.2.1 Plan Overview
6.2.2 Organisation and Management
6.2.3 Flow Diagram
6.2.4 Test Objectives
6.2.5 Testing Support Requirements
(Commonwealth involvement and major support items only)
6.2.6 Special Testing
6.2.7 Developmental Testing
4. DRAFT REGULATORY PLANS (OPTIONAL)
Note to drafters: Depending on the project, information or draft regulatory plans may need to be requested. They should only be requested if it is justified by the potential risk to the Commonwealth or to clarify the scope of project activities. This may include, for example, an Authorised Engineering Organisation submission, Certification Basis Description (CBD) or Type Certification Plan (TCP). Where possible, the tenderer should only be asked to provide a necessary subset of the contract document.
Note to tenderers: The Commonwealth intends to assess the tenderer’s strategy for [...INSERT REGULATORY AREA...] on the project and its associated risks through the approach, plans and procedures documented in the draft [...INSERT REGULATORY DOCUMENT...].
Option: For use if offer definition activities will be undertaken.
Note to tenderers: If the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the [...INSERT REGULATORY DOCUMENT...] in consultation with the Commonwealth to allow it to be included in any resultant contract.
4.1 Tenderers must provide a draft […INSERT REGULATORY DOCUMENT…] in accordance with […INSERT REGULATORY DOCUMENT DID…].
5. DRAFT SPECIALTY PLANS (OPTIONAL)
Note to drafters: Depending on the project, specialty engineering management plans may need to be requested. They should only be requested if it is justified by the potential risk to the Commonwealth or to clarify the scope of project activities. These plans may include a draft such as a Human Factors Engineering Program Plan or Reliability and Maintainability Program Plan. Where possible, the tenderer should only be asked to provide a necessary subset of the draft Contract document.
Note to tenderers: The Commonwealth intends to assess the tenderer’s strategy for [...INSERT SPECIALTY AREA...] on the project and its associated risks through the approach, plans and procedures documented in the draft [...INSERT SPECIALTY PLAN...].
Option: For use if offer definition activities will be undertaken.
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Note to tenderers: If the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the [...INSERT SPECIALTY PLAN...] in consultation with the Commonwealth to allow it to be included in any resultant contract.
5.1 Tenderers must provide a draft […INSERT SPECIALTY PLAN…] in accordance with […INSERT SPECIALTY PLAN DID…].
6. DRAFT SOFTWARE MANAGEMENT PLAN (CORE)
Note to tenderers: The Commonwealth intends to assess the tenderer’s understanding of the software elements of the project and its associated risks through the approach, plans and procedures documented in the draft Software Management Plan.
If the tenderer does not plan to develop software but intends subcontracting software development, the response should include plans for the software acquisition and supply including the monitoring of software Subcontractors and the integration and control of software received from Subcontractors.
Option: For use if offer definition activities will be undertaken.
Note to tenderers: If the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the Software Management Plan in consultation with the Commonwealth to allow it to be included in any resultant contract.
Option A: For use if the Commonwealth intends to select one preferred tenderer.
6.1 Tenderers must provide a draft SWMP in accordance with DID-ENG-SW-SWMP, Software Management Plan.
Note to drafters: When this option is selected, Table 2 (below) should be deleted.
Option B: For use if the Commonwealth intends to select two or more tenderers who will participate in an offer definition phase.
6.2 Tenderers must provide a draft SMP in accordance with at least the sections of DID-ENG-SW-SWMP, Software Management Plan shown in Table 2.
6.3 If a tenderer is selected to participate in refining its offer, it must finalise the draft SWMP (including those sections of DID-ENG-SW-SWMP that were not required to be provided in response to the Request for Tender) in consultation with the Commonwealth, to enable the SMP to be included as an Attachment to any resultant Contract.
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Table 2: Minimum Requirements for draft SWMP
Section Name
4.1 Software development process
4.2.3.1 Incorporating reusable software products
4.2.4.1 Safety Assurance
4.2.4.4 Assurance of other critical requirements
4.2.5 Computer hardware resource utilisation
4.2.7 Access for acquirer review
5.2.1 Software engineering environment
5.2.2 Software test environment
5.2.5 Non-deliverable software
5.4.1 System-wide design decisions
5.5 Software requirements analysis
5.6.1 CSCI-wide design decisions
5.13.7 Transition to the designated support site
5.19.1 Risk management
5.19.2 Software management indicators
5.19.4 Subcontractor management
5.19.6 Coordination with associate developers
6 Schedules and activity network
7. SOFTWARE LIST (CORE FOR SOFTWARE-INTENSIVE SYSTEM)
Note to tenderers: Tenderers are to provide details of the software elements within their tender.
7.1 Tenderers must provide a draft Software List (SWLIST) in accordance with DID-ENG-SW-SWLIST, Software List.
8. SYSTEMS AND SOFTWARE EXPERIENCE (CORE FOR SOFTWARE-INTENSIVE SYSTEM)
Note to tenderers: Experience in engineering large, complex software-intensive systems in a similar domain lowers the risk in producing similar systems. Similarly experience with safety critical systems, where applicable, is advantageous.
8.1 Tenderers must provide details of three reference projects. The details should describe the system in terms of its mission, functionality, safety criticality, technology, magnitude (eg number of interfaces) and other characteristics. Where relevant, comparisons between reference projects and this project should be drawn. Relevant lessons learned and their application to this project should also be discussed.
Note to drafters: Drafters should contact the Contracting Help Desk to obtain the latest Software Estimation Form, which should be inserted as Schedule 1 to this Annex, in the released RFT
8.2 Tenderers must complete the Software Estimation Form at Schedule 1 to this Annex to enable the Commonwealth to validate the tenderer’s proposed size, effort and schedule.
8.3 Tenderers must provide a description of the estimating process used for this project. The description should be sufficient to permit the Commonwealth to perform an independent
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feasibility assessment of the estimating assumptions, technique and outputs for size, effort, duration and productivity for the project.
9. SYSTEMS AND SOFTWARE PROCESS CAPABILITY (CORE FOR SOFTWARE-INTENSIVE SYSTEM)
Note to tenderers: The successful tenderer may be required to implement a process improvement program.
The Commonwealth intends to assess the tenderer’s system and software engineering process capability with the target capability profile identified for the project to identify differences in capability to be addressed by the process improvement program.
To support this assessment in the first instance, the tenderer is to provide details of previous process assessments on the organisation(s) proposed for this project and the corresponding process improvement actions performed.
Option: For use if offer definition activities will be undertaken.
Note to tenderers: If a tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to undertake a capability assessment led by the Commonwealth or its authorised representatives. The purpose of this assessment will be to identify areas in the tenderer’s systems and software engineering processes that represent a significant risk to the project. As a consequence of the assessment the tenderer may be required to submit for Commonwealth approval, a Process Improvement Plan to address the identified areas of risk. The Approved Process Improvement Plan will form part of the contract requirement.
9.1 Tenderers must provide details of current process improvement activities initiated in response to a capability assessment held within the last 24 months. The response should provide:
a. details of the assessment used to identify the improvement opportunities including:
(i) the date and duration of the assessment;
(ii) the model used for assessment (eg. CMMI, EIA-731, SW-CMM, ISO 15504); and
(iii) the assessment method applied (eg SCAMPI, CBA-IPI, SPICE);
b. the assessment findings identifying specific process areas for improvement;
c. the organisational entities included in the scope of the assessment (eg sites and / or business units involved);
d. any process improvement activities completed since the assessment; and
e. a milestone schedule of the remaining process improvement activities planned for action including future assessments.
10. SYSTEM SAFETY (CORE)
Note to tenderers: The Commonwealth has a legal obligation to identify, assess, eliminate hazards and/or control the residual safety risks of Materiel Systems. The Commonwealth expects that, under any resultant Contract, the Contractor will, and will assist the Commonwealth to, define and implement a framework that ensures that hazards are eliminated and safety risks are minimised, so far as is reasonably practicable, throughout the life cycle of the Materiel System.
Note to drafters: The following note to tenderers should be tailored for the scope of the offer definition activities. Alternatively, if the RFT contains an SOW for offer definition activities, the note may be deleted.
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Note to tenderers: If selected to participate in offer definition activities, in accordance with clause 5.6 of the draft conditions of tender, the tenderer will be required to define, scope, and agree a system safety program which, once approved by the Commonwealth, will be included in any resultant Contract. As part of the offer definition activities, the tenderer selected will also participate in a Safety Risk Management Workshop that will assist the Commonwealth and
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tenderer to understand how the system safety program will identify, manage, and potentially transfer safety risks, including those relating to WHS for the life-cycle of the Materiel System. The Commonwealth intends to conduct a Safety Risk Management Workshop that will define and/or include:
a. preparation of the System Safety Program Plan;
b. conduct of a preliminary hazard identification and the preparation of a preliminary Hazard Analysis Report;
c. sharing an understanding of Materiel Safety and WHS risk assessment criteria;
d. the Hazard Log and co-operative hazard management systems (or the safety-related aspects of an Engineering Information System);
e. the use of safety-related IV&V;
f. the treatment of safety critical software (especially potential COTS applications);
g. the use of Materiel Safety assessments and certifications, as applicable;
h. non-conformance reporting;
i. approaches to integrating safety in design with human systems integration, Failure Mode Effects and Criticality Analysis, and other related techniques and programs; and
j. the approach to developing a safety certification basis / safety case.
System Safety Program
10.1 Tenderers must provide details of their experience in managing safety risk in their programs. Specifically, tenderers must summarise the approach taken when conducting system safety programs; the treatment of safety in design principles; and the methodologies and standard used. Information provided should identify three reference projects and briefly describe:
a. the system application;
b. the safety standards applied;
c. the approach used to the development of a safety certification basis / safety case;
d. the certifying authority; and
e. if applicable, the treatment of safety critical software.
10.2 Tenderers must provide an outline schedule of the hazard analyses to be performed (eg, health hazard analysis, etc) and reported as components of each Hazard Analysis Report delivered in accordance with the CDRL of any resultant Contract.
Note to tenderers: Common requirements for Key Staff Positions are defined in Attachment B, TDR A-3.
10.3 Tenderers must briefly describe how their approach to safe design is managed within the organisation, particularly in regards to:
a. ensuring persons with control of design are able to promote health and safety;
b. safe design applying to every stage in the product lifecycle and ensuring identification and elimination of hazards or minimising risks as early as possible;
c. how hazards and risks associated with Problematic Substances and Problematic Sources are assessed and managed;
d. how the evolution of system design is monitored with regard to potential WHS issues in the operational and support phases;
e. integrating risk management processes to achieve safe design; and
f. communicating and documenting risk control information between persons involved in the Materiel System’s lifecycle.
10.4 Tenderers must describe how contractual arrangements or systems will be put in place with Subcontractors to minimise potential safe design related risks.
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Problematic Substances and Problematic Sources in Supplies
Note to drafters: The following note to tenderers refers to the Defence WHS Manual (as an updated replacement to SAFETYMAN). If this document has not been released by the time of drafting, amend the note to tenderers to refer to the applicable parts and chapters of SAFETYMAN.
Note to tenderers: Commonwealth policy on Problematic Substances is detailed in the DPPM (eg, chapters 3.10 and 3.16) and the Defence WHS Manual. Commonwealth policy on Problematic Sources is detailed in the Defence Corporate Radiation Safety Management System (RSMS). The Commonwealth may Approve the inclusion of Problematic Substances and Problematic Sources in the Supplies; however, Approval will not be granted if that inclusion infringes any Australian Federal, State or Territory legislation.
Note to tenderers: The following list is regarded as the start of the Hazard Log to be developed under any resultant Contract.
10.5 Tenderers must identify, when applicable, the following hazards to be contained in the Supplies:
a. Hazardous Chemicals comprising:
(i) prohibited carcinogens, restricted carcinogens and lead, each as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth); and
(ii) hazardous chemicals the use of which is restricted under regulation 382 of the Work Health and Safety Regulations 2011 (Cth), including polychlorinated biphenyls;
b. Dangerous Goods;
c. Ozone Depleting Substances;
d. Synthetic Greenhouse Gases; and
e. Problematic Sources.
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ANNEX D TO ATTACHMENT B
INTEGRATED LOGISTICS SUPPORT (CORE)
1. SUPPORT SYSTEM DESCRIPTION (CORE)
Note to drafters: This section will need to be developed as needed for the particular project. In particular, the specific version of each of the DIDs listed herein should be inserted throughout.
Note to tenderers: The following information is being sought to allow the Commonwealth to assess the suitability, risks, and level of maturity associated with the tenderer’s Support System proposal.
1.1 The tenderer must provide a description of its proposed Support System solution in accordance with TDID-ILS-DEF-PSSS.
1.2 The tenderer must provide a proposed Recommended Spares Provisioning List (RSPL), in accordance with at least the sections of DID-ILS-SUP-RSPL identified in Table 1.
Table 1 - Required Clauses from DID-ILS-SUP-RSPL
Section Name
6.2.5.1a Item name
6.2.5.1d Manufacturer’s code (ie, CAGE code)
6.2.5.1e Manufacturer’s part number
6.2.5.1k The nature of the Spare (ie, repairable, discardable)
6.2.5.1p Unit price (which must be the Contractor’s most favoured customer price)
6.2.5.1t Recommended quantity to be procured
1.3 The tenderer must provide a proposed Support and Test Equipment Provisioning List (S&TEPL), in accordance with at least the sections of DID-ILS-S&TE-S&TEPL identified in Table 2.
Table 2 - Required Clauses from DID-ILS-S&TE-S&TEPL
Section Name
6.2.2.3b(1) Item name
6.2.2.3b(2) Provisioning nomenclature, including the model and type
6.2.2.3b(4) Manufacturer’s CAGE code
6.2.2.3b(5) Manufacturer’s part number
6.2.2.3c Unit price (which must be the Contractor’s most favoured customer price)
6.2.2.3d Recommended quantity to be procured
1.4 The tenderer must provide a proposed Training Equipment List, in accordance with at least the sections of DID-ILS-TNG-TEML identified in Table 3.
Table 3 - Required Clauses from DID-ILS-TNG-TEML
Section Name
6.2.4.2a Item name
6.2.4.2b Manufacturer’s part number
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Section Name
6.2.4.2c Manufacturer’s CAGE code
6.2.4.2d Unit price (which must be the Contractor’s most favoured customer price)
6.2.4.2e Recommended quantity to be procured
1.5 The tenderer must provide a proposed Technical Data List (TDL), in accordance with at least the sections of DID-ILS-TDATA-TDL identified in Table 4.
Table 4 - Required Clauses from DID-ILS-TDATA-TDL
Section Name
6.2.2.2c The end-user of the Technical Data (i.e. the Commonwealth and the applicable support organisations, including, where applicable, the Contractor and Subcontractors)
6.2.2.3a The name or title of the Technical Data
6.2.2.3b The item reference number or document number for the Technical Data
6.2.2.3c A brief description of the Technical Data, including the purpose of the Technical Data
6.2.2.3d The name of the system/sub-system/Configuration Item (CI)/end-product to which the Technical Data pertains
6.2.2.3g The developmental status of the Technical Data (eg, existing and not to be modified, existing and to be modified, and new)
6.2.2.3i The source of the Technical Data (eg, name of Subcontractor)
6.2.2.3j The Intellectual Property (IP) information required by the IP Plan, if the TDL is used to meet the requirements of this plan
6.2.2.3l Security classification
2. ILS PROGRAM PLANS (CORE)
Note to drafters: If the acquisition strategy and the assessed risks associated with the project warrant additional information, the following clauses will need to be expanded to include other relevant plans.
Note to tenderers: The Commonwealth intends to assess the tenderer’s logistic support development strategy for the project and its associated risks through the approach, plans and procedures documented in the draft version of the Integrated Support Plan (ISP) and other plans, as applicable.
2.1 The tenderer must provide the plans identified below in Table 5, in accordance with the associated Data Item Description (DID) identified, to describe how the tenderer intends to conduct its activities in response to the requirements in the draft Statement of Work.
Note to tenderers: The information to be supplied by the tenderer is the Commonwealth's minimum information requirements. If the tenderer believes additional information needs to be provided to describe how the tenderer intends to conduct the ILS activities, then the tenderer must provide such additional information.
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Option: For use if offer definitions activities will be undertaken.
Note to tenderers: Where the tenderer is selected to participate in offer definition activities under clause 5.6 of the conditions of tender, it may be required to finalise the plans in consultation with the Commonwealth to allow them to be included in any resultant contract.
Note to drafters: The plans in Table 5 will need to be tailored depending on whether offer definition activities will be undertaken. The Table column labelled ‘Applicability’ contains guidance for drafters as to when each of the plans should be requested. The key used in the column is:
a. N=1 means request this plan where there will be no offer definition activity; and
b. N≥2 means request this plan where there will be an offer definition activity.
Those DIDs that have an applicability only where there will be no offer definition activity may also be requested where there will be an offer definition activity if the risk in that area of the project warrants receiving the relevant data item at the time of tender. The requirement for these data items at the time of tender is a project-specific decision.
The Applicability column should be deleted prior to release of the RFT.
Table 5 - Plans to be tendered
Plan Name Associated DID Applicability
Integrated Support Plan DID-ILS-MGT-ISP N=1, N≥2
Life Cycle Cost Management Plan DID-PM-LCC-LCCMP N=1
Contractor Transition Plan DID-PM-TRANS-CTXP
N=1
Supply Support Development Plan DID-ILS-SUP-SSDP N=1
Technical Data Plan DID-ILS-TDATA-TDP N=1
Training Support Plan DID-ILS-TNG-TSP N=1
Support and Test Equipment Plan DID-ILS-S&TE-S&TEP N=1
Facilities Plan DID-ILS-FAC-FACP N=1
Software Support Plan DID-ILS-SW-SWSP N=1
3. STATEMENT OF RELEVANT EXPERIENCE (CORE)
Note to tenderers: The Commonwealth intends to assess the tenderer’s recent relevant experience in conducting similar ILS Programs of equivalent type, scope and technical complexity to assist with the assessment of risk associated with the tenderer’s proposal.
3.1 The tenderer must outline recent relevant experience in conducting similar ILS and LSA programs of equivalent type, scope and technical complexity.
3.2 The tenderer must describe for at least one, but preferably three, previous contracts the type, scope and technical complexity of the ILS and LSA programs undertaken.
3.3 The tenderer must arrange a point of contact in the customer organisation for each previous contract to enable the Commonwealth to verify claims of experience in conducting ILS programs of equivalent type, scope and technical complexity to the ILS program to be undertaken for the project being tendered for.
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ANNEX A TO ATTACHMENT C
RESPONSE VOLUME: SUPPORT GENERAL (CORE)
1. DRAFT CONTRACT WORK BREAKDOWN STRUCTURE (CWBS) AND CWBS DICTIONARY (OPTIONAL)
Draft SOW reference: clause 3.2.3
Note to tenderers: The Commonwealth needs to understand how the tenderer plans to undertake the activities defined in the draft SOW and to ensure that:
a. tenderers have sound cost and schedule control mechanisms in place; and
b. Subcontractors’ work breakdown structures are consistent with and integrated into the CWBS.
The draft CWBS is to contain sufficient detail to enable it, subject to negotiation and Commonwealth Approval, to be placed on Contract at the Effective Date.
Tenderers should note that DID-SSM-CWBS requires the CWBS to be structured around the Contract Summary WBS (CSWBS) breakdown that forms the basis of the Prices for Recurring Services in Annex D to Attachment A of the COT. The Contract version of the CWBS will use the negotiated version of the payment schedules as the CSWBS.
The Glossary at Attachment M to the draft COC includes the CWBS Dictionary for the CSWBS elements below.
1.1 Tenderers are to provide a draft CWBS and CWBS dictionary in accordance with DID-SSM-CWBS based on the Contract Summary WBS (CSWBS) detailed below.
Note to drafters: Drafters should amend this CSWBS (and the associated WBS Dictionary at Attachment M to the draft COC) to reflect the high-level breakdown of the required work. CSWBS definition below level 2 should be avoided to allow tenderers the latitude to express how they wish to structure work. Drafters should ensure that the CSWBS structure identified below is consistent with the price breakdown for Recurring Services in Annex D to Attachment A of the COT.
a. Support Services Management
b. Operating Support
c. Engineering Support
d. Maintenance Support
e. Supply Support
f. Training Support
g. Support Resources
1.2 The draft CWBS is to contain as much detail as is necessary to demonstrate an understanding of the work effort required to successfully achieve the end objective of any resultant Contract and to ensure that technical control is integrated with cost and schedule control.
1.3 Tenderers are to prepare and deliver the CWBS in a tool such that it can be reviewed at any level of expansion (for instance using Outline mode in Microsoft Word).
1.4 The CWBS dictionary is to be keyed to the CWBS index and define the scope of each CWBS element in the CWBS.
2. DRAFT SUPPORT SERVICES MASTER SCHEDULE (OPTIONAL)
Draft SOW reference: clause 3.2.2
Note to tenderers: The Commonwealth needs to:
a. understand the tenderer’s time-based sequence of activities;
b. assess the level of schedule risk associated with the tenderer’s proposal (including proposed Subcontractors);
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c. ensure that time estimates and dependencies are realistic and consistent with the tenderers proposed staff/skills profile; and
d. ensure that the proposed Subcontractors’ time-based sequence of activities are realistic and consistent with the SSMS.
The draft SSMS is to contain sufficient detail to enable it, subject to negotiation and Commonwealth Approval, to be placed on contract at the Effective Date.
2.1 Tenderers are to provide a draft SSMS in accordance with DID-SSM-SSMS in the form of a Gantt Chart in Microsoft Project, Open Plan Professional or other agreed scheduling software.
2.2 The draft SSMS is to contain as much detail as necessary to demonstrate an understanding of the work effort required to successfully achieve the end objective of any resultant Contract.
2.3 The draft SSMS is to include a description of each delivery and Milestone (where applicable), identification of the organisation primarily responsible for its accomplishment (Contractor, Subcontractor or Commonwealth), and a scheduled date/period for its accomplishment.
3. KEY STAFF POSITIONS (CORE)
Draft COC reference: clause 3.10
Draft SOW reference: clause 9.1
Note to tenderers: The Commonwealth requires the successful tenderer to provide sufficient staff with the necessary skills and experience to meet the staff skills profile for any resultant Contract. The Commonwealth also needs assurance that the successful tenderer can fill the Key Staff Positions with Key Persons in the required timescale.
Key Staff Positions would normally include the Engineering Manager, Maintenance Manager, the Software Development Manager (for contracts containing a significant software component), and any key domain experts such as Safety experts, etc. Key Staff Positions would also apply to those capabilities for which there is an industry wide shortage.
3.1 Tenderers are to identify Key Staff Positions for any resultant Contract based on the Contract activities and perceived risks.
3.2 For each Key Staff Position identified in accordance with clause 3.1, tenderers are to supply, in the tenderer’s own format, a position/person specification. The position components of the position/person specifications are to include: position title, reporting relationships (both programmatic and technical), delegated authority levels, duties and responsibilities. The person components of the position/person specification are to include: qualifications, training, essential experience, desirable experience, and other attributes required of the person filling the position.
3.3 Tenderers are to identify the numbers of staff meeting each of the person specifications associated with each Key Staff Position identified in accordance with clause 3.1 for the organisational entity, including proposed Subcontractors, actually executing the task.
3.4 Tenderers are to nominate the Key Persons proposed to fill the Key Staff Positions identified in clause 3.1. Tenderers are to also provide a brief description of the proposed Key Persons, explaining how their qualifications and experience will meet the requirements of that Key Staff Position.
4. RISK MANAGEMENT (CORE)
4.1 Tenderers are to provide a detailed risk assessment for the performance of any resultant Contract which:
a. identifies the risks associated with the tendered proposal, including technical, commercial, legal, financial, operational aspects and schedule risks and risks relating to health, safety and the Environment;
b. categorises those risks according to the likelihood and consequence of their occurrence; and
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c. in relation to each risk identified, indicates whether the tenderer proposes to:
(i) reduce that risk, and if so through what mechanism;
(ii) accept that risk; or
(iii) transfer that risk, and if so to whom.
5. QUALITY STATEMENT (CORE)
Draft SOW reference: clause 11
Note to tenderers: The successful tenderer will be required to have, at the Effective Date, a Quality Management System (QMS) Certified to AS/NZS ISO 9001:2008 ‘Quality Management Systems – Requirements’.
The tenderer’s Certified QMS will be required to have a Certification scope, which is appropriate for the work to be undertaken in accordance with any resultant Contract.
If software and firmware design and/or development is required the successful tenderer will also be required to have at the Effective Date a QMS structured to control software development by the application of suitable software guidelines or development standards agreed by the Commonwealth. An example of software guidelines which may be applied to the appropriate standard is ‘Standards Association of Australia (SAA) Handbook HB 90.9 Software Development - Guide to ISO 9001:2000’. Other guidelines published by an appropriate National Standards body may be applied with the agreement of the Commonwealth.
Tenderers are to undergo an assessment by the Commonwealth of their QMS if deemed necessary, as part of the tender evaluation.
The response to this Quality Statement should be no more than ten pages of text (not including printed material, eg certificates, brochures etc.). Tenderers are not required to provide a Quality plan or manual as part of the tender response. Any plan or manual provided may not be assessed as part of the tender evaluation. Tenderers should note the Quality requirements in the draft Statement of Work and in particular that Quality plans are required to be finalised in consultation with the Commonwealth, including being delivered and Approved by the Effective Date of any resultant Contract.
Maturity of the Quality Management System
5.1 Tenderers are to supply information on the maturity of the QMS including details of:
a. the history of the QMS including a description of the level of workforce involvement in the development and maintenance of the QMS;
b. continual improvement initiatives particularly related to processes for hardware and software, including implementation methodology; and
c. planned changes or upgrades to the current Certification level or scope where applicable.
5.2 In the event that the tenderer’s QMS is certified by a body not accredited under JAS-ANZ details of the certifying body and scope of certification held is to be provided.
5.3 If the tenderer has the technical capacity and experience to provide Services meeting the draft SOW requirements, but has not yet achieved Certification, arrangements to obtain Certification, including timescale, the proposed Certification body and the standard to be attained, is to be provided.
Certificates and Approvals
5.4 Tenderers are to provide the following:
a. copies of Certification certificates for each of the tenderer’s sites that are to be involved with the provision of Services. The certificates are to identify the individual sites, the standard to which certification is gained, and the scope of the certified quality system(s);
b. statements of recognition of the QMS from other organisations (i.e., Commercial AEOs accredited by the ADF TAR, Civil Aviation Safety Authority, Federal Aviation Authority, Joint Aviation Authority, RAAF, RAN and Army accredited AEOs and/or AMOs);
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c. if applicable, evidence is to be provided that the QMS is structured to control the design and development of software by the application of a suitable development or guidance standard; and
d. copies of those parts of the tenderer’s quality manual which describe and justify permissible exclusions under section 1.2 of AS/NZS ISO 9001:2008.
Scope of Quality Management System in relation to the Statement of Work
5.5 Tenderers are to provide a statement detailing how the scope of their Certified QMS is to be applied to the overall work of any resultant Contract. The statement is to identify how any out-of-scope activities and new capabilities will be verified. If the tenderer intends to subcontract design, development, installation, manufacturing or integration activity which is outside their capability and/or the scope of their certification, specific details of how the tenderer intends to verify compliance to contract requirements is to be included in the response (eg, IV&V agents, specialist training or recruitment of specific technological support).
Quality Management of Subcontractors
5.6 Tenderers are to provide the following:
a. details of their processes for quality management of proposed Subcontractors where these Subcontractors would be involved in:
(i) hardware/software/firmware design, development, installation, manufacturing or integration; or
(ii) significant manufacture of items or provision of Services;
b. for each proposed Subcontractor identified above, provide a description of the scope of work to be undertaken in support of any resultant Contract (sufficient information is to be provided to determine the extent of any design, development, installation, manufacturing or integration activity); and
c. for each proposed Subcontractor identified above, provide all the information required under clauses 5.1 to 5.5 of Attachment C, TDR-A-5.
6. PROBLEMATIC SUBSTANCES AND PROBLEMATIC SOURCES (CORE)
Draft SOW reference: clause 12.1
Note to tenderers: Commonwealth policy on Problematic Substances is detailed in the DPPM and the Defence WHS Manual.
Problematic Substances (that are required to be Approved Substances) and Problematic Sources to be used in providing Services will require the Approval of the Commonwealth Representative. Such Approval will not be granted if the inclusion of the substance or source infringes any Australian Commonwealth, State or Territory legislation.
Note to drafters: Identify significant example Problematic Substances that a contractor may be required to use in accordance with Product information (eg, Maintenance manuals) that will be supplied (ie, as GFI/GFD) or specified by the Commonwealth (eg, OEM manuals). Where the list is extensive, include a sample list spanning the different classes, or a listing of the applicable classes, for those Problematic Substances with higher risk categories (eg, “flammable liquid 3, oxidising agent 5.1”).
6.1 Tenderers are to describe the system(s) and processes that would be applied under any resultant Contract to manage the safe use, handling, storage and disposal of Problematic Substances, such as:
a. [DRAFTER TO INSERT SUBSTANCE OR CLASS AND CATEGORY]; and
b. [DRAFTER TO INSERT SUBSTANCE OR CLASS AND CATEGORY].
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Note to drafters: Identify the Problematic Sources (eg, “laser class 3R”) that a contractor may be required to use and/or that are included in CMCA (eg, operative checks for repaired Products performed in accordance with specified Maintenance manuals) or that a contractor may be required to store (eg, radioactive material). If no Problematic Sources are applicable to the Services, replace the following clause with “Not used”.
6.2 Tenderers are to describe the system(s) and processes that would be applied under any resultant Contract to manage the safe use, handling and/or storage of Problematic Sources, such as:
a. [DRAFTER TO INSERT SOURCE OR CLASS]; and
b. [DRAFTER TO INSERT SOURCE OR CLASS].
6.3 Tenderers are to identify any known Problematic Substances that would require Approval under clause 12.1.1.1 of the SOW, or any known Problematic Sources that would require Approval under clause 12.1.4 of the SOW, but which are not addressed by clauses 6.1 or 6.2. If so, tenderers are to identify the Problematic Substances and Problematic Sources, identify the purposes for which they will be used and describe the system(s) and processes that would be applied under any resultant Contract to manage the safe use, handling, storage and disposal of those Problematic Substances or Problematic Sources (as applicable) if not already addressed in the response to clauses 6.1 or 6.2.
7. FACILITY AND INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) SYSTEMS SECURITY ACCREDITATION (OPTIONAL)
Draft COC reference: clause 10.10
Note to drafters: Include this clause if any requirement for Facility or ICT Accreditation has been specified at Item 20 of the Details Schedule in the draft COC.
Classified information should not be included as part of a RFT except in exceptional circumstances. Where the RFT is to include classified information, drafters should consult with their Project Security Officer.
Note to tenderers: Tenderers should refer to the Details Schedule in the draft COC for details regarding the security requirements of work to be performed under any resultant Contract, the facility accreditations, Information and Communications Technology (ICT) system accreditations (if any) that are required for the performance of any resultant Contract, and COMSEC material transmission requirements.
For further information on COMSEC, classification, categorisation and accreditations, and for access to the Defence Security Manual (DSM), tenderers should contact the Contact Officer specified in the Tender Details Schedule.
7.1 Tenderers are to provide the following details for all premises proposed in their tender that will be used for the storage of documents or assets, or the housing of ICT systems for the processing of data, with a Security Classification or Business Impact Level up to and including the level identified the Details Schedule in the draft COC:
a. physical address of facility;
b. facility accreditation(s) held (type and level), when granted and by whom; and
c. ICT system accreditation(s) held (type and level), when granted and by whom.
7.2 If appropriate accreditations are not held, then tenderers are to indicate their willingness to undergo the procedures for obtaining the requisite accreditations.
7.3 Tenderers are to provide the above information in relation to all Subcontractors who will require access to security classified information.
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8. GOVERNMENT FURNISHED SERVICES (OPTIONAL)
Draft COC reference: clause 3.7 Note to drafters: Include this clause if clause 3.8 has been included in the draft COC.
Option: For when the Commonwealth is mandating or proposing GFS.
Note to tenderers: All GFS that has been mandated or proposed by the Commonwealth (if any) is detailed in Annex C to Attachment E to the draft COC.
Option: For when the Commonwealth will allow tenderers to propose GFS.
Note to tenderers: Additional GFS may be proposed by tenderers for the purposes of any resultant Contract.
8.1 Tenderers are to provide the following details:
a. details of the proposed use of the GFS;
b. any assumptions (eg cost, schedule etc) that tenderers have made in their tender relevant to use of that GFS; and
c. any other requirements or arrangements that tenderers would require relevant to use of that GFS.
8.2 In relation to any Commonwealth or tenderer proposed GFS, tenderers are to specify in Attachment A, TDR-D-2 the additional cost elements to be added to the tendered price should any or all of the GFS not be made available.
8.3 Tenderers are to state their compliance with the dates and time periods proposed by the Commonwealth at Annex C to Attachment E to the draft COC or provide an alternative proposal.
9. PERFORMANCE MANAGEMENT (CORE)
9.1 If a tenderer wishes to submit an alternative proposal in relation to any aspect of the performance management framework in the draft Contract, the tenderer is to comply with clause 2.15 of the COT.
9.2 The aspects of the performance management framework that may be the subject of an alternative proposal may include:
a. the Review Periods;
b. the KPIs;
c. the weightings for the KPIs;
d. the Performance Implementation Period;
e. Performance Incentives; and
f. the OPMs.
10. CONTINUOUS IMPROVEMENT AND EFFICIENCY (CORE)
10.1 Tenderers are to provide an overview of how the Continuous Improvement and Efficiencies (CIE) Program will be managed, including:
a. the program requirements for the analysis of potential Efficiencies and the preparation and processing of Efficiencies Analysis Implementation Reports (EAIRs);
b. the methodology, systems, processes, and tools to be used for undertaking the CIE Program, including for managing the implementation of Approved Efficiencies;
c. the mechanisms to be used to enable the Contractor to monitor the plan for implementing each Approved Efficiency and how deviations from the plan will be recognised and acted upon; and
d. the mechanisms to be used to report implementation progress for an Approved Efficiency to all stakeholders, including the Commonwealth.
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10.2 Tenderers are to provide a statement regarding the proposed CIE program for any resultant Contract, including details of a proposed regime that would promote the ongoing identification and implementation of Efficiencies over the life of the Contract, while achieving the Commonwealth’s goals of reduced Total Cost of Ownership and, where necessary, enhancement of the Capability.
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ANNEX B TO ATTACHMENT C
RESPONSE VOLUME: SUPPORT SERVICES MANAGEMENT (CORE)
Note to drafters: Where a tender data requirement is not applicable to the draft Contract or not required for the purposes of tender evaluation and selection, the heading should be retained and the clauses and tables below the heading replaced with a single “Not used” (to maintain cross-references and the TRDL structure).
Note to tenderers: Within this Annex G, reference in a DID to the Contractor, another entity or a particular document is to be read as a reference to the tenderer, the proposed entity or the proposed document.
1. SUPPORT SERVICES MANAGEMENT (CORE)
Note to tenderers: The Commonwealth needs to understand:
a. how the tenderer plans to conduct and manage the work defined in the draft SOW;
b. the tenderer’s proposed organisational structure and relationships with proposed Subcontractors;
c. the tenderer’s approach to risk management; and
d. other topics to be addressed in the draft SSMP, as listed in Table 1 below.
The draft SSMP may include aspects of other plans that are identified as stand-alone plans in the draft Contract and which will become stand-alone plans in any resultant Contract. For the successful tenderer responses to some TDRs (eg, Attachment C, TDR-A-3, Key Staff Positions) will also be relevant to the completion of the draft SSMP and, subject to negotiation and Approval, the SSMP will form part of the Contract at the Effective Date.
Note to drafters: Table 1 should be reviewed and may be amended. However, drafters should be aware that many aspects of a draft SSMP may be covered by other TDRs.
1.1 Tenderers are to provide a draft SSMP in accordance with the clauses of DID-SSM-SSMP listed in Table 1.
Table 1: Tender Response Requirements for the draft SSMP
Clause Name
6.2.3 Organisation (6.2.3.1 and 6.2.3.2 only)
6.2.5 Structure of Contractor Plans
6.2.8 Planning and Control
6.2.9 Recurring and Ad Hoc Services – Specific Management Mechanisms (6.2.9.1 and 6.2.9.3, and 6.2.9.2 if applicable to the draft Contract)
6.2.10 Note to drafters: Delete this row if a draft V&VP is required by Attachment C, TDR-B-2.
Performance Measurement (6.2.10.1a and b only)
6.2.11 Risk Management (6.2.11.1 to 6.2.11.3 only)
Note: An initial risk assessment is required by Attachment C, TDR-A-5.
6.2.13 Customer Interface
6.2.17 Note to drafters: Delete this row if Surge Management is not a tender discriminator or if a draft SMP is required by Attachment C, TDR-B-4.
Surge Management
6.2.18 Communications Management (6.2.18.1 and 6.2.18.3 only)
6.2.24 Technical Data Management (6.2.24.1a and 6.2.24.2 only)
6.2.25 Commonwealth Assets Stocktaking Plan (6.2.25.1a, 6.2.25.1b and 6.2.25.2
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Clause Name
only)
6.3.1 Note to drafters: Delete this row if Operating Support management is not a tender discriminator, or if a draft OSP is required by Attachment C, TDR-B-7
Operating Support Management (6.3.1.1b and c only)
6.3.2 Note to drafters: Delete this row if Engineering management is not a tender discriminator, or if a draft CEMP is required by Attachment C, TDR-B-8
Engineering Management (6.3.2.1c, d, e, h and j only)
6.3.3 Note to drafters: Delete this row if Maintenance management is not a tender discriminator, or if a draft MMP is required by Attachment C, TDR-B-13
Maintenance Management (6.3.3.1c, d and f only)
6.3.4 Note to drafters: Delete this row if Supply management is not a tender discriminator, or if a draft SSP is required by Attachment C, TDR-B-14.
Supply Management (6.3.4.1c and d only)
6.3.5 Note to drafters: Delete this row if Training management is not a tender discriminator, or if a draft TSP is required by Attachment C, TDR-B-15
Training Management (6.3.5.1b and c only)
[INSERT ANY ADDITIONAL REQUIREMENTS FOR TENDER]
2. VERIFICATION AND VALIDATION (CORE)
Note to drafters: For tender evaluation purposes, V&V planning may be addressed in a draft V&VP or the draft SSMP (Attachment C, TDR-B-1). Drafters must select one option or the other (i.e. V&V / performance measurement may be included in the draft SSMP even when a separate V&VP is required under Contract). If V&V planning is to be included in the draft SSMP, this TDR should be deleted (replace the clauses and table with “Not used”) but the “Performance Measurement” section of the draft SSMP (in Attachment C, TDR-B-1 above) must be included.
Table 2 should be reviewed and may be amended, however drafters should avoid overlap with other TDRs.
Note to tenderers: The objectives of seeking a draft Verification and Validation Plan (V&VP) are:
to understand the tenderer’s approach to measuring and reporting against the Key Performance Indicators (KPIs) and Other Performance Measures (OPMs), if applicable, for the draft Contract;
to ensure that the Commonwealth’s performance assessment processes are clearly understood; and
to ensure that both parties have a common understanding of the issues and risks with the performance assessment processes.
Refer to Attachment C, TDR-A-9 regarding the proposed Performance Measures and Review Periods.
2.1 Tenderers are to provide a draft V&VP in accordance with the clauses of DID-V&V-V&VP listed in Table 2.
Table 2: Tender Response Requirements for the draft V&VP
Clause Name
6.2.2 V&V Organisation
6.2.3 V&V Management (6.2.3.1 to 6.2.3.3, and 6.2.3.6 if applicable to the draft Contract)
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Clause Name
6.2.4 Performance Measurement (6.2.4.1 to 6.2.4.3 only)
6.2.5 Time-Variant or Phase-Variant Performance Measures (if applicable to the draft Contract, 6.2.5.1a only)
[INSERT ANY ADDITIONAL REQUIREMENTS FOR TENDER]
3. PHASE IN AND RAMP UP (OPTIONAL)
Note to tenderers: The objectives of seeking a draft Phase In Plan (PHIP) are:
a. to obtain information on the plans, methodologies, processes and activities proposed by the tenderer to be performed under any resultant Contract, and to ensure a coordinated phase-in prior to the commencement of the required Services and a smooth transition from the outgoing support contractor/service provider or acquisition contractor (as applicable); and
b. to help to establish the ground rules for the Phase In of management responsibilities to the successful tenderer (including, for example from the outgoing contractor and subcontractors).
For the successful tenderer, the draft Phase In Plan will be required to be updated to contain sufficient detail to enable it, subject to negotiation and Approval, form part of the contract at the Effective Date.
Note to drafters: Table 3 and Table 4 should be reviewed and may be amended but drafters should avoid overlap with other TDRs.
3.1 Tenderers are to provide a draft PHIP in accordance with the clauses of DID-SSM-PHIP listed in Table 3.
Table 3: Tender Response Requirements for the draft PHIP
Clause Name
6.2.1 General
6.2.2 Phase In Organisation
6.2.3 Phase In Overview
6.2.4 Detailed Phase In Activities (6.2.4.1, 6.2.4.2, 6.2.4.3a to d and 6.2.4.3j only)
[INSERT ANY ADDITIONAL REQUIREMENTS FOR TENDER]
Note to drafters: If the draft Contract does not include a Ramp Up process (refer SOW clause 2.7) then the following clause and table should be deleted.
If Ramp Up is required but no related events (including Milestones) are included in Annex B to Attachment B to the draft COC, then paragraph b in the following note to tenderers should be deleted.
Note to tenderers: The objectives of seeking a draft Ramp Up Management Plan (RUMP) are:
a. obtain information on the plans, methodologies, processes and activities proposed by the tenderer to be performed under any resultant Contract, and to ensure a coordinated ramp up of the Services and a smooth transition from the outgoing support contractor/service provider or acquisition contractor (as applicable); and
b. to ensure that both parties have a common understanding of Ramp Up requirements, including the requirements for specific Ramp Up events (including Milestones), if applicable.
Refer to Annex B to Attachment B to the draft COC regarding potential Ramp Up events.
3.2 Tenderers are to provide a draft RUMP in accordance with the clauses of DID-SSM-RUMP listed in Table 4.
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Table 4: Tender Response Requirements for the draft RUMP
Clause Name
6.2.1 General
6.2.2 Ramp Up Overview
6.2.3 Ramp Up Management and Organisational Change
6.2.4 Detailed Ramp Up Activities (6.2.4.1, 6.2.4.2, 6.2.4.3a to e and 6.2.4.3j only)
6.2.8 Ramp Up Milestone Checklists (6.2.8.1a and b only, except that, for the tender version of the plan, separate annexes are not required)
[INSERT ANY ADDITIONAL REQUIREMENTS FOR TENDER]
4. SURGE (OPTIONAL)
Note to drafters: If Surge is not applicable to the draft Contract, or is unlikely to discriminate between tenders, the following note, clause and table can be replaced with “Not used”. If there is a requirement for Surge management in the draft Contract, and obtaining tender data would enable the Commonwealth to evaluate and compare tenders, drafters can request either a draft SMP or for Surge management to be included in the draft SSMP (ie, this may be included in the draft SSMP even when a separate SMP is required under Contract). If Surge management is to be included in the draft SSMP, this TDR should be deleted (replaced with “Not used”), otherwise delete “Surge Management” from Table 1 (Attachment C, TDR-B-1) and tailor Table 5 as required. Drafters must also ensure that the definitions in the Glossary for Exigency and Contingency are updated and that any necessary supplementary information is provided.
Note to tenderers: The Commonwealth’s intention in seeking this information is to obtain from the tenderer information on how, as the Contractor, the tenderer proposes to meet Surge requirements.
4.1 Tenderers are to provide a draft SMP in accordance with the clauses of DID-SSM-SMP listed in Table 5.
Table 5: Tender Response Requirements for the draft SMP
Clauses Name
6.2.2 Surge Management Organisation (except that, for the tender version, individuals are to be identified by position only)
6.2.3 Surge Management Systems and Processes (6.2.3.1 to 6.2.3.2 only)
6.2.6 Surge Limitations
[INSERT ANY ADDITIONAL DATA REQUIRED FOR TENDER]
5. ENVIRONMENTAL MANAGEMENT STATEMENT (OPTIONAL)
Note to drafters: If the draft Contract does not include environmental management requirements the following clause should be deleted and replaced with “Not used”.
5.1 Tenderers are to briefly describe their environmental management policies and processes that would be applied to the scope of work defined in the draft Contract.
5.2 Tenderers are to briefly describe their Environmental Management System (ENVMS), including details of its scope, with respect to the draft Contract, and audit regime. If the ENVMS is certified, tenderers are to provide copies of the applicable certificate(s).
5.3 Tenderers are to identify any Authorisations relating to the Environment that will be required for the work proposed under the draft Contract, and describe how the tenderer proposes to obtain all Authorisations not currently held.
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6. WORK HEALTH AND SAFETY MANAGEMENT STATEMENT (CORE)
6.1 Tenderers are to briefly describe how their WHS policies and processes, including safety risk assessment procedures, would be applied to the scope of work defined in the draft Contract.
6.2 For work proposed under the draft Contract that will be performed in accordance with WHS Legislation, tenderers are to briefly describe their WHS Management System (WHSMS), including details of its scope, with respect to the draft Contract, and audit regime. If the WHSMS is certified, tenderers are to provide copies of the applicable certificate(s).
6.3 For work proposed under the draft Contract that will be performed in accordance with WHS Legislation, tenderers are to identify any Authorisations relating to WHS that it will require for the work proposed under the draft Contract, and describe how the tenderer proposes to obtain all applicable Authorisations not currently held.
7. OPERATING SUPPORT (OPTIONAL)
Note to drafters: If Operating Support is not required under the draft Contract, or is unlikely to discriminate between tenders, the following note, clause and table may be replaced with “Not used”. Drafters can request either a draft OSP or for Operating Support management to be included in the draft SSMP (i.e. this may be included in the draft SSMP even when a separate OSP is required under Contract) based upon the significance of, and the attendant risks associated with, the Operating Support Services being tendered for. If Operating Support management is to be included in the draft SSMP, this TDR should be deleted (replaced with “Not used”), otherwise delete “Operating Support Management” from Table 1 (Attachment C, TDR-B-1) and tailor Table 6 as required.
Note to tenderers: The Commonwealth intends to assess the tenderer’s strategy for the management of Operating Support, and any associated risks, using the draft plan specified.
7.1 Tenderers are to provide a draft OSP in accordance with the clauses of DID-OPS-OSP listed in Table 6.
Table 6: Tender Response Requirements for the draft OSP
Clause Name
6.2.1 OSP Outline
6.2.4 Operating Support Management System (6.2.4.1 only)
6.2.5 Operating Support Activities
6.2.7 Skills Acquisition and Retention
[INSERT ANY ADDITIONAL DATA REQUIRED FOR TENDER]
8. CONTRACTOR ENGINEERING MANAGEMENT (OPTIONAL)
Note to drafters: If Engineering Support is not required under the draft Contract, or is unlikely to discriminate between tenders, the following note, clause and table may be replaced with “Not used”. If required, drafters may require that tenderers address Engineering management through the draft SSMP (see Table 1, Attachment C, TDR-B-1), by submitting a draft CEMP (Option A, below), or by submitting an example CEMP (Option B, below).
For draft plans (delete Option B), drafters can request either a draft CEMP or for Engineering management to be included in the draft SSMP (i.e. this may be included in the draft SSMP even when a separate CEMP is required under Contract) based upon the significance of, and the attendant risks associated with, the Engineering Services being tendered for. If Engineering management is to be included in the draft SSMP, this Attachment C, TDR-B-8 should be deleted (replaced with “Not used”), otherwise delete “Engineering Management” from Table 1 (Attachment C, TDR-B-1) and tailor Table 7 as required.
To seek an example CEMP with the tender response (Option B), drafters must delete Option A and remove Engineering Management from Table 1 (Attachment C, TDR-B-1).
Note to tenderers: The Commonwealth intends to assess the tenderer’s engineering strategy, management and approach, along with any associated risks, through the plans, procedures,
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methods and processes documented in the draft Contractor Engineering Management Plan (CEMP).
If the tenderer plans to Subcontract significant engineering activities, the response should include plans for monitoring Subcontractors and the integration and control of engineering services received from Subcontractors.
Option A: For when a stand-alone draft CEMP is required for tender evaluation purposes.
8.1 The tenderer is to provide a draft CEMP in accordance with the clauses of DID-ENG-CEMP listed in Table 7.
Note to drafters: Table 7 forms part of Option A. Table 7 should be reviewed and may be amended but drafters should avoid overlap with other TDRs (such as the AEO Application).
Table 7: Tender Response Requirements for the draft CEMP
Clauses Name
6.2.2 Introduction
6.2.3 Engineering Organisation Structure
6.2.4 Engineering Support Management (6.2.4.1, 6.2.4.2 and 6.2.4.7 only)
6.2.5 Engineering Information System
6.2.8 Personnel (6.2.8.1, 6.2.8.2 and 6.2.8.4 (if applicable))
6.2.9 Subcontractor and Support Network Management
6.2.10 Data and Records Management (6.2.11.2 only)
6.3.2 Software Support (6.3.2.1a(ii), b and c only)
6.3.3 In-Service Materiel Safety (System Safety) Program
[INSERT ANY ADDITIONAL DATA REQUIRED FOR TENDER]
Option B: For when the tenderer is to provide a sample engineering management plan.
8.2 The tenderer is to provide a sample engineering management plan (or equivalent) developed and used by the tenderer for another support contract.
Note to drafters: This clause should be included when either required under the Aerospace TRF or deemed appropriate by the drafter under the Land and Maritime TRFs. If not required, the clauses should be replaced with “Not used”. Drafters should amend the note to tenderers, depending upon the TRF applicable to the draft Contract. The full AEO application is unlikely to be relevant to tender evaluation as the CEMP and supporting plans are not completed until ED+40 (or other date specified in the CDRL).
Under the Aerospace TRF, some tenderers will already have AEO status; however, it is only given for each system (eg, an AEO for C-130J support activities will not necessarily be awarded AEO status for F/A-18 support activities).
In clause 9.1 drafters should refer to the current compliance matrix in the applicable TRF manual. The cross reference is subject to change from time to time.
Note to tenderers: For Contracts subject to the Aerospace TRF, the Commonwealth intends to evaluate the method the tenderer proposes to become an AEO by assessing the tenderer’s draft AEO application.
For Contracts subject to the Land or Maritime TRF, the Commonwealth intends to evaluate the tenderer’s competence and capability to provide the Engineering Services defined in the draft Contract in compliance with the TRF by assessing the tenderer’s draft AEO application.
9.1 The tenderer is to provide a draft AEO application in accordance with DID-ENG-AEO clause [INSERT "6.2.1.1D" (AEROSPACE), "6.2.2.1E" (LAND) OR "6.2.3.1E" (MARITIME)].
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Option: For when the tenderer is to provide details on its engineering status.
9.2 The tenderer is to provide details of any AEO status previously awarded by the Commonwealth in accordance with the applicable Technical Regulatory Framework.
Note to drafters: This clause should be included when either required under the Aerospace TRF or deemed appropriate by the drafter under the Land and Maritime TRFs. If not required, the clauses should be replaced with “Not used”. Drafters should amend the note to tenderers, depending upon the TRF applicable to the draft Contract. The full AMO application is unlikely to be relevant to tender evaluation as the MMP and supporting plans are not completed until ED+40 (or other date specified in the CDRL).
Under the Aerospace TRF, some tenderers will already have AMO status; however, it is only given for each system, (eg, an AMO for C-130J Maintenance activities will not necessarily be awarded AMO status for F/A-18 Maintenance activities).
In clause 10.1 drafters should refer to the current compliance matrix in the applicable TRF manual. The cross reference is subject to change from time to time.
Note to tenderers: For Contracts subject to the Aerospace TRF, the Commonwealth intends to evaluate the method the tenderer proposes to become an AMO by assessing the tenderer’s draft AMO application.
For Contracts subject to the Land or Maritime TRF, the Commonwealth intends to evaluate the tenderer’s competence and capability to provide the Maintenance Services defined in the draft Contract in compliance with the TRF by assessing the tenderer’s draft AMO application.
10.1 The tenderer is to provide a draft AMO application in accordance with DID-MNT-AMO clause [INSERT "6.2.1.1D" (AEROSPACE), "6.2.2.1E AND F" (LAND) OR "6.2.3.1E AND F" (MARITIME)].
Option: For when the tenderer is to provide details of its existing maintenance status.
10.2 The tenderer is to provide details of any AMO status previously awarded by the Commonwealth in accordance with the applicable Technical Regulatory Framework.
10.3 For this clause 10, reference in the DID to the Contractor, another entity or a particular document is to be read as a reference to the tenderer, the proposed entity or the proposed document.
11. SOFTWARE SUPPORT (OPTIONAL)
Note to drafters: If software support is not required under the draft Contract, or is unlikely to discriminate between tenders, the following note, clauses may be replaced with “Not used”. If required, drafters may require that tenderers address software support through the draft CEMP (see Table 7, Attachment C, TDR-B-8), by submitting a draft SWSP (Option A, below), or by submitting a sample SWSP (or equivalent) (Option B, below).
For draft plans (delete Option B), drafters can request either a draft SWSP or for software support to be included in the draft CEMP (i.e. this may be included in the draft CEMP even when a separate SWSP is required under Contract) based upon the significance of, and the attendant risks associated with, the software support Services being tendered for. If software support is to be included in the draft CEMP, this Attachment C, TDR-B-11 should be deleted (replaced with “Not used”), otherwise delete “Software Support” from Table 7 (Attachment C, TDR-B-8) amend clause 11.1 as required.
To seek a sample SWSP (or equivalent) with the tender response (Option B), drafters must delete Option A and remove software support from Table 7 (Attachment C, TDR-B-8).
Note to tenderers: The Commonwealth intends to evaluate the way the tenderer proposes to conduct software support, by assessing the tenderer’s software support strategy, management and approach, along with any associated risks, through the procedures, methods and processes documented in the draft Software Support Plan (SWSP).
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If the tenderer plans to Subcontract significant software activities, the response should include plans for the monitoring of Subcontractors and the integration and control of software support services received from Subcontractors.
Option A: For when a stand-alone draft SWSP is required for tender evaluation purposes.
11.1 The tenderer is to provide a draft SWSP that addresses the following sections of Appendix B to MIL-HDBK-1467 (where the “Life Cycle Software Engineering Environment User’s Guide” is to be read as the “Software Support Plan”):
a. introduction;
b. applicable documents (including government and non-government documents);
c. general description (of the Life Cycle Software Engineering Environment);
d. software structure;
e. a summary of the following sections (from the functional operating instructions):
(i) software performance evaluation;
(ii) system and software generation;
(iii) change development and testing; and
(iv) software integration; and
f. [INSERT ANY ADDITIONAL REQUIREMENTS FOR TENDER].
Option B: For when the tenderer is to provide a sample SWSP (or equivalent).
11.2 The tenderer is to provide a sample SWSP (or equivalent) developed and used by the tenderer for another support contract.
12. SYSTEMS SAFETY PROGRAM (OPTIONAL)
Note to drafters: If a systems safety program is not required under the draft Contract (refer DSD-ENG-SERV), or is unlikely to discriminate between tenders, the following note, clauses and table may be replaced with “Not used”. If required, drafters may require that tenderers address in-Service Materiel Safety / system safety through the draft CEMP (see Table 7, Attachment C, TDR-B-8, by submitting a draft IMSP (Option A, below), or by submitting a sample IMSP (or equivalent) (Option B, below).
For draft plans (delete Option B), drafters can request either a draft IMSP or an in-service Materiel Safety program plan to be included in the draft CEMP (ie, this may be included in the draft CEMP even when a separate IMSP is required under Contract) based the significance of, and the attendant risks associated with, the safety-engineering activities being tendered for. If Materiel Safety planning is to be included in the draft CEMP, this Attachment C, TDR-B-12 should be deleted (replaced with “Not used”), otherwise delete “In-Service Materiel Safety Program” from Table 7 (Attachment C, TDR-B-8 amend Table 8 as required.
To seek a sample IMSP (or equivalent) with the tender response (Option B), drafters must delete Option A and remove “In-Service Materiel Safety Program” from Table 7 (Attachment C, TDR-B-8).
Note to tenderers: The Commonwealth intends to evaluate the way the tenderer proposes to conduct any resultant Contract, by assessing the tenderer’s system safety program management and approach, along with any associated risks, through the procedures, methods and processes documented in the draft In-service Materiel Safety Plan (IMSP).
If the tenderer plans to Subcontract significant Materiel Safety-related activities, the response should include plans for monitoring Subcontractors and the integration and control of the system safety program activities performed by those Subcontractors.
Option A: For when a stand-alone draft IMSP is required for tender evaluation purposes.
12.1 The tenderer is to provide a draft IMSP in accordance with the clauses of DID-ENG-IMSP listed in Table 8.
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Note to drafters: Table 8 forms part of Option A. Table 8 should be reviewed and may be amended but drafters should avoid overlap with other TDRs (such as the CEMP).
Table 8: Tender Response Requirements for the draft IMSP
Clause Name
6.2.2 Applicable Documents (only documents not listed in the draft Contract)
6.2.4 System Safety Organisation and Roles
6.2.5 System Safety Program Integration
6.2.6 System Safety Program Activities (6.2.6.1, 6.2.6.3 and 6.2.6.4 only)
[INSERT ANY ADDITIONAL DATA REQUIRED FOR TENDER]
Option B: For when the tenderer is to provide a sample IMSP (or equivalent).
12.2 The tenderer is to provide a sample IMSP (or equivalent) developed and used by the tenderer for another support contract.
13. MAINTENANCE MANAGEMENT (OPTIONAL)
Note to drafters: If Maintenance is not required under the draft Contract, or is unlikely to discriminate between tenders, the following note, clauses and table may be replaced with “Not used”. If required, drafters may require that tenderers address Maintenance management through the draft SSMP (see Table 1, Attachment C, TDR-B-1), by submitting a draft MMP (Option A, below), or by submitting a sample MMP (or equivalent) (Option B, below).
For draft plans (delete Option B), drafters can request either a draft MMP, or for Maintenance planning to be included within the draft SSMP based upon the significance of, and the attendant risks associated with, the Maintenance Services being tendered for. If Maintenance management is to be included in the draft SSMP, this Attachment C, TDR-B-13 should be deleted (replaced with “Not used”), otherwise delete “Maintenance Management” from Table 1 (Attachment C, TDR-B-1) and tailor Table 9 as required.
To seek a sample MMP (or equivalent) with the tender response (Option B), drafters must delete Option A and remove Maintenance Management from Table 1 (Attachment C, TDR-B-1).
Note to tenderers: The Commonwealth intends to evaluate the way the tenderer proposes to conduct the draft Contract, by assessing the tenderer’s system maintenance management plan and approach, along with any associated risks, through the procedures, methods and processes documented in the draft Maintenance Management Plan (MMP).
If the tenderer plans to Subcontract significant maintenance activities, the response should include plans for the monitoring of Subcontractors and the integration and control of maintenance services received from Subcontractors.
Option A: For when a stand-alone draft MMP is required for tender evaluation purposes.
13.1 The tenderer is to provide a draft MMP in accordance with the clauses of DID-MNT-MMP listed in Table 9.
Note to drafters: Table 9 forms part of Option A. Table 9 should be reviewed and may be amended but drafters should avoid overlap with other TDRs (such as the draft AMO Application and draft SMP).
Table 9: Tender Response Requirements for the draft MMP
Clause Name
6.2.2 Introduction
6.2.3 Maintenance Organisation Structure
6.2.4 Maintenance Support Management (6.2.4.1 and 6.2.4.2 only)
6.2.5 Maintenance Management System (6.2.5.1 and 6.2.5.4 only)
6.2.6 Maintenance Activities
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Clause Name
6.2.7 Personnel (6.2.7.1 to 6.2.7.3 and 6.2.5.7 only)
6.2.9 Subcontractor and Support Network Management
6.2.10 Maintenance Technical Data and Documentation (6.2.10.1 only, except prepared as a summary when referring to Technical Data in draft SOW Annex D)
[INSERT ANY ADDITIONAL DATA REQUIRED FOR TENDER]
Option B: For when the tenderer is to provide a sample MMP (or equivalent).
13.2 The tenderer is to provide a sample MMP (or equivalent) developed and used by the tenderer for another support contract.
14. SUPPLY SUPPORT (OPTIONAL)
Note to drafters: If Supply Support is not required under the draft Contract, or is unlikely to discriminate between tenders, the following note, clauses and table may be replaced with “Not used”. If required, drafters may require that tenderers address Supply management through the draft SSMP (see Table 1, Attachment C, TDR-B-1, by submitting a draft SSP (Option A, below), or by submitting a sample SSP (or equivalent) (Option B, below).
For draft plans (delete Option B), drafters can request either a draft SSP or for Supply Support planning to be included within the draft SSMP based upon the significance of, and the attendant risks associated with, the Supply Services being tendered for. If Supply management is to be included in the draft SSMP, this Attachment C, TDR-B-14 should be deleted (replaced with “Not used”), otherwise delete “Supply Management” from Table 1 (Attachment C, TDR-B-1) and tailor Table 9 as required.
To seek a sample SSP (or equivalent) with the tender response (Option B), drafters must delete Option A and remove Supply Management from Table 1 (Attachment C, TDR-B-1).
Note to tenderers: The Commonwealth intends to evaluate the way the tenderer proposes to conduct the draft Contract, by assessing the tenderer’s supply support management strategy, and approach, along with any associated risks, through the procedures, methods and processes documented in the draft Supply Support Plan (SSP).
If the tenderer plans to Subcontract significant supply support activities, the response should include plans for the monitoring of Subcontractors and the integration and control of supply support services received from Subcontractors.
Option A: For when a stand-alone draft SSP is required for tender evaluation purposes.
14.1 The tenderer is to provide a draft SSP in accordance with the clauses of DID-SUP-SSP listed in Table 10.
Note to drafters: Table 10 forms part of Option A. Table 10 should be reviewed and may be amended but drafters should avoid overlap with other TDRs (such as the draft SMP).
Table 10: Tender Response Requirements for the draft SSP
Clause Name
6.2.1 SSP Outline
6.2.2 Supply Support Organisation
6.2.3 Supply Support Management (6.2.3.1 and 6.2.3.2 only)
6.2.4 Supply Management System (6.2.4.1 and 6.2.4.2 only)
6.2.6 Subcontractor Management
[INSERT ANY ADDITIONAL DATA REQUIRED FOR TENDER]
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Option B: For when the tenderer is to provide a sample SSP (or equivalent).
14.2 The tenderer is to provide a sample SSP (or equivalent) developed and used by the tenderer for another support contract.
15. TRAINING SUPPORT (OPTIONAL)
Note to drafters: If Training Support is not required under the draft Contract, or is unlikely to discriminate between tenders, the following note, clauses and table may be replaced with “Not used”. If required, drafters may require that tenderers address Training management through the draft SSMP (see Table 1, Attachment C, TDR-B-1), by submitting a draft TSP (Option A, below), or by submitting a sample TSP (or equivalent) (Option B, below).
For draft plans (delete Option B), drafters can request either a draft TSP or for Training Support planning to be included within the draft SSMP based upon the significance of, and the attendant risks associated with, the Training Services being tendered for. If Training management is to be included in the draft SSMP, this Attachment C, TDR-B-15 should be deleted (replaced with “Not used”), otherwise delete “Training Management” from Table 1 (Attachment C, TDR-B-1) and tailor Table 9 as required.
To seek a sample TSP (or equivalent) with the tender response (Option B), drafters must delete Option A and remove Training Management from Table 1 (Attachment C, TDR-B-1).
Note to tenderers: The tenderer’s response to this requirement will be used by the Commonwealth to gain visibility of the tenderer’s proposed plans for Training Support.
Option A: For when a stand-alone draft TSP is required for tender evaluation purposes.
15.1 The tenderer is to provide a draft TSP in accordance with the clauses of DID-TNG-TSP listed in Table 11.
Note to drafters: Table 11 forms part of Option A. Table 11 should be reviewed and may be amended but drafters should avoid overlap with other TDRs.
Table 11: Tender Response Requirements for the draft TSP
Clause Name
6.2.1 TSP Outline
6.2.2 Training Support Organisation
6.2.3 Training Support Management (6.2.3.1, 6.2.3.2, and 6.2.3.4 (if applicable))
6.2.4 Training Management System (6.2.4.1 and 6.2.4.2 only)
6.2.6 Subcontractor Management
6.2.7 Training Staff Qualifications and Experience (6.2.7.1 only)
[INSERT ANY ADDITIONAL DATA REQUIRED FOR TENDER]
Option B: For when the tenderer is to provide a sample TSP (or equivalent).
15.2 The tenderer is to provide a sample TSP (or equivalent) developed and used by the tenderer for another contract.
16. STATEMENT OF RELEVANT EXPERIENCE (CORE)
Note to tenderers: The Commonwealth intends to assess the tenderer’s recent experience in conducting similar support programs of equivalent type, scope and technical complexity in order to assist with the assessment of risk associated with the tenderer’s proposal.
16.1 Tenderers are to outline recent relevant experience in conducting similar support programs of equivalent type, scope and technical complexity.
16.2 Tenderers are to describe for at least one, but preferably three, reference contracts and the type, scope and technical complexity of the support programs undertaken. The details should describe the reference contracts in terms of the services being provided and the
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mission, functionality, safety criticality, technology and other characteristics of the products being supported. Where relevant, comparisons between reference contracts and the draft Contract should be drawn.
16.3 Tenderers are to arrange a point of contact in the customer organisation for each reference contract to enable the Commonwealth to verify claims of experience in conducting support programs of equivalent type, scope and technical complexity to the draft Contract.
