REQUEST_FOR_EXPRESSION_OF_INTEREST_-_RFEOI_-_SOFTWARE_RESELLER.JSON
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Lodgement by email If the Bank requires Expressions of Interest to be lodged by email, the subject line of the email must contain the RFEOI Title and the RFEOI number. Before lodging an Expression of Interest by email, Respondents must: take all steps to ensure that the Expression of Interest is free from anything that might reasonably affect usability or the security or operations of the Bank's computing environment; and ensure that the Expression of Interest does not contain macros, script or executable code of any kind unless that specific material has previously been approved in writing by the Bank. Lodgement by AusTender Where there is any inconsistency between the Expression of Interest lodgement procedures set out on AusTender and those set out in the RFEOI, the RFEOI will prevail. Before lodging an Expression of Interest by AusTender, Respondents must: ensure their technology platform, including infrastructure, operating system and browser revision levels, meets the minimum requirements identified on AusTender; refer to AusTender's Help guidance, if required, on uploading Expressions of Interest; take all steps to ensure the Expression of Interest is free from anything that might reasonably affect the usability, security or operations of AusTender or the Bank's computing environment; and ensure the Expression of Interest does not contain macros, script or executable code of any kind unless that specific material has previously been approved in writing by the Bank. Respondents must lodge their Expression of Interest in accordance with the requirements set out in Conditions 5.2 and 5.4 for file format/s, naming conventions and file sizes. Failure to comply with any or all of these requirements may result in the Expression of Interest not uploading successfully and/or may exclude the Expression of Interest from evaluation. The Expression of Interest file name(s): must incorporate the Respondent's name; must reflect the various parts of the Expression of Interest they represent, where the Expression of Interest comprises multiple files; must not contain \ / : * ? " < > | characters; and must not exceed 100 characters including the file extension. AusTender will accept up to a maximum of 5 files in any one upload of an Expression of Interest. Each upload should not exceed the combined file size limit of 5 megabytes. If an upload would otherwise exceed 5 megabytes, the Respondent should either: transmit the Expression of Interest files as a compressed (zip) file not exceeding 5 megabytes; or lodge the Expression of Interest in multiple uploads ensuring each upload does not exceed 5 megabytes and clearly identify each upload as part of the Expression of Interest. When an Expression of Interest has been successfully lodged via AusTender, an official receipt is provided on screen. The receipt will record the time and date the Expression of Interest was received by AusTender and will be conclusive evidence of successful lodgement of an Expression of Interest. It is essential that Respondents save and print this receipt as proof of lodgement. A separate email confirming receipt of the Expression of Interest will also be automatically dispatched to the email address of the registered user whose details were recorded at login. Failure to receive a receipt means that lodgement has not completed successfully. Where no receipt has been issued by AusTender, the attempted lodgement will be deemed to have been unsuccessful. Lodgement also by hard copy If it is specified in item 8 of the Process Details that certain documents are to be provided in hard copy, the Respondent must lodge those documents in a sealed envelope clearly marked with the RFEOI Title before the Closing Time at the Tender Box. Expressions of Interest (including any supporting documentation or materials) may not be lodged by fax. Original documents should be marked as "ORIGINAL." An electronic copy of any original hard copies of the Expression of Interest and / or supporting documentation or materials lodged by the Respondent must also be lodged. In the event of any discrepancy between the “ORIGINAL” hard copy version and the electronic version, the “ORIGINAL” hard copy version takes precedence. Time for lodgement Expressions of Interest must be lodged in accordance with this Condition 5 on or before the Closing Time. The Bank may extend the Closing Time and will issue an addendum notifying any decision to extend. If an Expression of Interest consists of multiple uploads or emails, due to the number of files or file size, Respondents must ensure transmission of all files is completed before the Closing Time. Discrepancies, errors or omissions Should the Respondent become aware of any discrepancy, error or omission in the original Expression of Interest after the Expression of Interest is lodged the Respondent must lodge a correction in writing on or before the Closing Time, in the same manner as for the original Expression of Interest (i.e. to AusTender or to the Expression of Interest Lodgement Email Address). Late or incomplete Expressions of Interest or corrupted files Subject to Condition 7.3, any attempt to lodge an Expression of Interest after the Closing Time may not be permitted. Subject to Condition 7.3, Expressions of Interest that do not include each of the completed Response Schedules that are required to be lodged in accordance with the RFEOI or with electronic files that cannot be read or decrypted, which the Bank believes to potentially contain any virus, malicious code or anything else that might compromise the integrity or security of AusTender and/or the Bank's computing environment, may be excluded from evaluation. Liability from lodgement process Respondents acknowledge that: unauthorised access to information and data transmitted via the internet may occur; lodgement of its Expression of Interest on time and in accordance with these Conditions is entirely its responsibility; the Bank will not be liable for any Loss incurred by Respondents or any other person if, for any reason, an Expression of Interest or communication relevant to the RFEOI is not received on time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised; and the Bank does not take any responsibility for any problems arising from Respondents' infrastructure or internet connectivity. Ownership of Expression of Interest Documents All Expressions of Interest, including copies, become the property of the Bank on lodgement. Notwithstanding Condition 5.11, the Bank may copy, amend, extract or otherwise deal with all or part of any Expression of Interest for the purposes of this Procurement Process. Nothing in this Condition affects the ownership of intellectual property rights in any Expression of Interest. Confidentiality of Expression of Interest The Bank will treat as confidential any Expression of Interest lodged by a Respondent. The Bank's obligation to keep information provided by the Respondent confidential will not be taken to have been breached to the extent that the information: is disclosed to the Bank's Accountable Authority or the Bank's Subsidiaries, advisers, agents and contractors and their respective officers and employees solely in order to conduct the Procurement Process or to prepare and manage any Contract; is disclosed to the Bank’s internal management personnel, solely to enable effective management or auditing of the Procurement Process; is disclosed as procurement information for reporting purposes; is disclosed as agreed with the Respondent; is disclosed to the Bank's responsible Minister; is disclosed in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia; is shared within the Bank’s organisation, or with another Commonwealth agency, where this serves the Commonwealth’s legitimate interests; is authorised or required by law to be disclosed (including, under the Freedom of Information Act 1982 (Cth) and the Privacy Act 1988 (Cth)); is disclosed to the Bank's insurers; is in the public domain other than due to a breach of the relevant obligations of confidentiality; or is otherwise treated under the Contract. The Bank will only keep information contained in, or obtained or generated in performing, any Contract entered into as a result of the Procurement Process with the successful Respondent (if any), including any information sourced from the successful Respondent's Expression of Interest, confidential in accordance with the terms of the Contract. Further information on the Commonwealth's confidentiality policy is available at https://www.finance.gov.au/government/procurement/buying-australian-government/confidentiality-throughout-procurement-cycle. In considering a request for confidentiality, the Bank will consider whether disclosure would cause detriment to the successful Respondent or a third party. The Bank will also consider whether confidentiality is supported by the procurement principles of value for money, accountability and transparency. The Selection Process Evaluation Respondents should address each Evaluation Criterion specified in item 9 of the Process Details by completing the Response Schedules. Unless otherwise specified, Evaluation Criteria are not listed in any special order and may not be accorded equal weighting. Following the Closing Time, Expressions of Interest will be screened against the Conditions for Participation and minimum content and format requirements in accordance with Conditions 4.1 and 4.4 respectively. Expressions of Interest that meet Conditions 4.1 and 4.4, and are not otherwise excluded under these Conditions, will be evaluated to identify Expressions of Interest that best satisfy the Evaluation Criteria. The Bank may: use any relevant information obtained in relation to an Expression of Interest (provided in the Expression of Interest itself, otherwise through the RFEOI or by independent inquiry) in the evaluation of Expressions of Interest; take into account information provided by a Respondent in response to one criterion in its evaluation of another criterion; shortlist one or more Respondents and seek further information from them; seek clarification or additional information from any Respondent for the purposes of Expression of Interest evaluation; require the Respondent to give presentations (including capability demonstrations) regarding its Expression of Interest, attend interviews and / or host site visits to any of the Respondent's premises (or other premises where the Supply may be provided); require any proposed subcontractors to participate in any presentations (including capability demonstrations), interviews or site visits; enter into negotiations or discussions with one or more Respondents; discontinue negotiations or discussions with a Respondent; or at any time exclude an Expression of Interest from consideration if the Bank considers that the Expression of Interest is incomplete or clearly not competitive. Any costs incurred by the Respondent in relation to any presentations, interviews and / or site visits will be borne by the Respondent. Negotiations The Bank may undertake, with one or more Respondents, detailed discussions and negotiations, including parallel negotiations, with the goal of maximising the benefits to the Bank of an Expression of Interest, as measured using the Evaluation Criteria. As part of this process, those Respondents participating in the negotiation phase may be asked to improve any or all aspects of their Expression of Interest. Without limiting its other rights under the RFEOI or at law, if the Bank concludes that a Respondent involved in negotiations has retracted, or attempts to retract, any part of its Expression of Interest, the Bank may: disqualify that Respondent's Expression of Interest; terminate this Procurement Process; re-enter negotiations with other Respondents (including or excluding that Respondent); or exercise any other right reserved to the Bank under law or elsewhere in the RFEOI. Selection Subject to Condition 7.3, the Bank may or may not select one or more Respondents (a Shortlist) to invite them to participate in a subsequent Request for Proposal stage in its absolute discretion. If the Bank selects a Shortlist, the Bank will promptly inform other Respondents of its decision that they have been unsuccessful. Debriefing Respondents may request an Expression of Interest debriefing following the shortlisting of Respondents and notification of the Respondent's status as successful or unsuccessful. Respondents should contact the Bank Contact to request a debriefing. Within a reasonable period of a request pursuant to Condition 6.4.1, the Bank will determine at its absolute discretion whether to provide a written or oral debriefing and will notify the Respondent of its decision. Respondents will be debriefed against the Evaluation Criteria. A Respondent will not be provided with information concerning other Expressions of Interest, except for publicly available information connected with the Procurement Process. No comparisons with other Expressions of Interest will be made. Complaints Any complaints arising out of the Procurement Process (other than any complaint made under Condition 10.3), must be directed to procurementcomplaints@rba.gov.au in writing, clearly identifying the issue of concern with evidence to support the complaint. The Bank will consider the complaint and respond in a reasonable timeframe. Discretions of the Bank Discretions The Bank may, without limiting its other rights under these Conditions or otherwise, at any time and without giving reasons: demand the immediate return or destruction or deletion (including from all electronic records and systems) of the RFEOI (including any copies produced) or other material provided by the Bank in the connection with the Procurement Process by any person to which it has been provided; provide additional instructions, information, clarification or vary the RFEOI or the Procurement Process; suspend, postpone, cancel or terminate this Procurement Process or any part of it at any time; vary or extend any time or date in the RFEOI; exclude an Expression of Interest from consideration at any time, including if it is assessed as incomplete, uncompetitive or non-conforming to the requirements of the RFEOI; make independent enquiries about any matter relevant to the evaluation of any Expression of Interest, including contacting a Respondent's past or current customers (whether or not nominated by the Respondent as a referee); seek amended Expressions of Interest or call for new Expressions of Interest; contract for part of the Supply only, enter into a Contract with more than one Respondent or exclude any part of the Supply from any Contract entered; negotiate with one or more Respondents, or one of more persons who has not lodged an Expression of Interest, or enter into a Contract or other binding relationship for the Supply or a supply similar to the Supply outside the Procurement Process, without prior notice to any other Respondent; suspend, postpone or terminate any negotiations being conducted at any time with any Respondent for any reason; request clarification from any Respondent or anyone else on any aspect of an Expression of Interest; consider any information in its evaluation of Expressions of Interest whether obtained from a Respondent or another source; answer, or not answer, enquiries for information or requests for clarification received after the cut off time in accordance with Condition 4.3; shortlist Respondents at any time after the Closing Time; allow, or refuse to allow, a successful Respondent to enter into a Contract in the name of a different legal entity to that which lodged the Expression of Interest; allow or not allow another legal entity to take over the Expression of Interest in substitution for the original Respondent; publish or disclose the names of Respondents (whether successful or unsuccessful); or exercise any other discretion. Absolute discretions Unless expressly provided to the contrary in the RFEOI, the Bank may give, modify, withhold, withdraw, make or exercise any action, approval, consent, decision or discretion or other function under the RFEOI at the Bank’s absolute discretion, whether subject to terms and at any time. Commonwealth Procurement Rules may limit or prevent some discretions Where: these Conditions give the Bank a discretion (eg by using the word "may") in relation to a particular matter; and the Commonwealth Procurement Rules apply to the Procurement Process and require the Bank to act in a certain way in relation to that matter, the Bank will act in accordance with the Commonwealth Procurement Rules in relation to that matter. Liability from the process Invitation to treat This RFEOI is an invitation to treat and must not be construed, interpreted or relied on, whether expressly or impliedly, as an offer capable of acceptance by any person to the extent permitted by law or as creating any rights or binding obligations whether based on contract (including a process contract), quasi contract, restitution or promissory estoppel, or other legal or equitable grounds, whether implied or otherwise. Liability is excluded To the maximum extent permitted by law, the Bank is not liable to any Respondent (whether a Respondent is successful or unsuccessful), and the Respondent must not make any Claim for any Loss suffered by any Respondent: in responding to the RFEOI, and in lodging any Expression of Interest or in otherwise acting in reliance on the RFEOI; arising out of or in connection with: any Respondent's participation in or response to any discussions, negotiations, interviews, enquiries or requests for details or information whether before or after the Closing Time; or any Respondent's participation in the Procurement Process generally; or arising out of or in connection with the exercise, or failure to exercise, by the Bank of any of its rights, powers and discretions under these Conditions. Indemnity The Respondent indemnifies the Bank and its Associates from and against any Loss suffered or incurred by the Bank or its Associates arising out of, or in connection with a Claim brought by the Respondent or its Associates against the Bank or any of its Associates with respect to any of the matters or events identified in Condition 8.2.1. Proper Conduct of Respondents Competing Respondents The Respondent must immediately notify the Bank if it receives confidential information of a Competing Respondent. Unless the Bank consents otherwise, the Respondent must ensure that none of the Respondent or its Associates during the Procurement Process, in respect of the Supply are a Competing Respondent or an Associate of a Competing Respondent (collectively Competing Team Member). The Respondent must immediately notify the Bank of any Competing Team Members. If a Respondent anticipates or proposes that there will be a Competing Team Member, the Respondent should contact the Bank Contact to disclose that anticipated or proposed Competing Team Member and propose how the Respondent intends to manage the risks associated with that Competing Team Member. The Bank may impose additional requirements or obligations, including by issuing addenda to these Conditions or requiring the execution of confidentiality and process agreements to ensure confidentiality, competitiveness or probity with respect to the Procurement Process in light of a Competing Team Member. Without limiting Condition 7, the Bank may terminate or suspend the participation of a Respondent from the Procurement Process if the Respondent or its Associate fails to comply with the additional obligations or requirements under Condition 9.1.5. Collusive behaviour and improper conduct in tendering Respondents must not in relation to their Expressions of Interest or the Procurement Process: engage in any collusive tendering, anti-competitive conduct or any similar behaviour with any other Respondent or any other person; engage in misleading or deceptive conduct, including making false or misleading statements in their Expressions of Interest and / or to the Bank; attempt to, or do anything that may be perceived as an attempt to, solicit information from or influence improperly any current or former Bank officer, employee, contractor, adviser or agent or use information obtained unlawfully or in breach of an obligation of confidentiality to the Bank; violate any applicable laws or Commonwealth policies which apply to the Bank regarding the offering of inducements; or act in an unethical or improper manner or contrary to any law. Nothing in the RFEOI precludes the Bank from day-to-day contact with its current contractors necessary for the management of current operations systems and projects. The Bank may involve the Australian Competition and Consumer Commission, or similar authority, in relation to any competition issues concerning a Respondent or its Associate. By lodging an Expression of Interest, each Respondent warrants that neither the Respondent nor its Associates or subcontractors: has attempted or will attempt to improperly influence an Associate of the Bank in connection with the evaluation of Expressions of Interest, nor approach any Minister, or Associate of the Bank concerning the Procurement Process other than the Bank Contact; and except as notified in the applicable Response Schedule, are currently, and nor have any of them been in the previous 5 years, subject to any investigation, sanction, court proceeding, audit or the like in relation to anti-competitive conduct, bribery, corruption, collusive tendering or any similar behaviour under any law or imposed by any Australian or international body. The Bank may at any time reject any Expression of Interest lodged by a Respondent that is engaging or has engaged in any collusive tendering, anti-competitive conduct or any other similar conduct in relation to the preparation or lodgement of Expressions of Interest or which does not otherwise comply with this Condition 9.2. Conflict of interest Each Respondent warrants that, except as notified in the applicable Response Schedule, at the time of lodging its Expression of Interest, no conflict of interest concerning itself or an Associate exists, or is likely to arise, which would affect participation in the Procurement Process, or subsequent entry into a Contract and the performance of the Supply by the Respondent. A conflict of interest means any matter, circumstance, interest, or activity affecting the Respondent or its Associate which may or may appear to impair the ability of the Respondent or its Associate to perform the Contract diligently and independently. A conflict of interest may exist if: the Respondent or its Associate has a relationship (whether professional, commercial or personal) with the Bank’s personnel involved in the evaluation of Expressions of Interest; or the Respondent or its Associate has a relationship with, or obligations to, an organisation which would adversely affect the performance of the Contract or would bring disrepute to or embarrass the Bank. The Bank may regard any participant in a Consortium Expression of Interest who separately lodges an Expression of Interest as having a conflict of interest. If, at any time prior to entering into the Contract, an actual or potential conflict of interest concerning itself or its Associate arises or may arise, that Respondent must immediately notify the Bank Contact. In the event of a conflict of interest being identified in relation to a Respondent the Bank may: exclude the relevant Expression of Interest from further evaluation; enter into discussions to seek to resolve the conflict of interest; or take any other action it considers appropriate. Without limiting this Condition 9.3, the Respondent must not, without the Bank's express prior written approval, permit any employees, former employees, contractors, former contractors or external advisors of the Bank, or information unlawfully or improperly obtained from the Bank, to contribute to or participate in the preparation of an Expression of Interest. Laws and policy Governing law This RFEOI is governed and construed in accordance with, and any matter related to it is governed by, the laws applying in New South Wales. The Courts of New South Wales have non-exclusive jurisdiction to decide any matter related to the RFEOI. Commonwealth legislation and policy Respondents should familiarise themselves with, and obtain their own advice in relation to the impacts of all relevant Commonwealth legislation and polices relating to the Procurement Process and the provision of the Supply including the following: Public Governance, Performance and Accountability Act 2013 (Cth) and associated instruments and related Commonwealth guidelines; Auditor-General Act 1997 (Cth); Black Economy Procurement Connected Policy; Building and Construction Industry (Improving Productivity) Act 2016; Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019 Competition and Consumer Act 2010 (Cth); Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth); Cybercrime Act 2001 (Cth); Fair Work Act 2010 (Cth); Freedom of Information Act 1982 (Cth); Government Procurement (Judicial Review) Act 2018 (Cth); Indigenous Procurement Policy; Ombudsman Act 1976 (Cth); Parliamentary Works Committee Act 1969 (Cth); Privacy Act 1988 (Cth); Modern Slavery Act 2018 (Cth); Public Interest Disclosure Act 2013 (Cth); Work Health and Safety Act 2011 (Cth); and Workplace Gender Equality Act 2012 (Cth). The Bank may exclude from evaluation any Expression of Interest where: the Respondent or Respondent Subcontractor has been named in Parliament as not complying with the Workplace Gender Equality Act 2012 (Cth); the Respondent or Respondent Subcontractor is subject to a judicial decision against them relating to employee entitlements, not including decisions under appeal, and has not paid the claim; the Respondent or Respondent Subcontractor is listed as a designated entity (Designated Entity) by the Minister for Foreign Affairs by notice in the Gazette under s 15 of the Charter of the United Nations Act 1945 (Cth) or s6 of the Autonomous Sanctions Regulations 2011 (Cth). A consolidated list of such persons, entities and associated assets is maintained by the Department of Foreign Affairs and Trade under the Charter of the United Nations (Dealing with Assets) Regulations 2008 (Cth) and can be found at https://www.dfat.gov.au/international-relations/security/sanctions/Pages/consolidated-list ; the Respondent or its Associate has been convicted of, or is being investigated for, a criminal offence; or the Respondent or its Associate is on a World Bank listing of ineligible firms and individuals, including the list of Debarred Firms and Individuals, or similar list or becomes the subject of an investigation or temporary suspension, which may lead to it becoming so listed; or the Respondent has failed to or does not comply with or satisfy a law or Commonwealth policy relevant to the Supply or identified in Condition 10.2.1. Government Procurement Act This Condition 10.3 only applies if the Procurement Process is a Covered Procurement for the purposes of the Government Procurement Act. If the Respondent has reason to believe that: the Bank or an official of the Bank has engaged, is engaging or is proposing to engage in any conduct in contravention of the Relevant Commonwealth Procurement Rules in relation to this Procurement Process; and the interests of the Respondent are affected by the conduct, the Respondent may submit a complaint about the conduct in writing to the Bank's Accountable Authority. The Respondent must do all things reasonably requested by the Bank, in accordance with any timeframes reasonably requested by the Bank, to cooperate with the Bank (including providing information or answering questions) in the investigation and attempted resolution of any complaint in respect of this Procurement Process. A public interest certificate under the Government Procurement Act in relation to the Procurement Process: is in force if specified in item 10 of the Process Details as being in force; or may otherwise be issued by the Bank at any time during the Procurement Process (including after any complaint has been made by a Respondent under this Condition 10.3), in which case the Bank Contact will notify all Respondents of the issue of the public interest certificate by publishing on AusTender (if the RFEOI has been issued via AusTender) or otherwise via email to each Respondent Contact. Without limiting the operation of the Government Procurement Act, if a Respondent makes a complaint under this Condition 10.3 and at the time of the complaint no public interest certificate is in force in relation to this Procurement Process, the Bank may suspend this Procurement Process in accordance with section 20 of the Government Procurement Act by notice published on AusTender (if the RFEOI has been issued via AusTender) or otherwise via email to each Respondent Contact. Workplace Gender Equality Procurement The Respondent acknowledges that Commonwealth policy prevents the Bank from entering into contracts with suppliers who are non-compliant under the Workplace Gender Equality Act 2012 (Cth) (the "WGE Act"). Environmental Protection Respondents will consider environmental preservation and protection as it relates to the Supply. This may include the use of environmentally friendly products, packaging, recycling, waste disposal, handling of hazardous/dangerous materials and other environment-related issues as they relate to or have an impact on the Supply. Work Health and Safety - General The Bank requires its service providers to act in such a way as not to, by action or omission, place the Bank or any of its personnel in breach of their respective obligations under the Work Health and Safety Act 2011 (Cth). Respondents should be aware that they also may have their own obligations under the law in relation to work health and safety matters including under Work Health and Safety Act 2011 (Cth), Work Health and Safety Regulations 2011 (Cth) and the applicable State or Territory based work health and safety legislation. Respondents should examine all information necessary to ascertain the risks, contingencies and other circumstances related to the work health and safety aspect of undertaking the Supply. The Respondent must establish and maintain safe systems of work and comply with its obligations including to preserve the health and safety of relevant workers. Work Health and Safety - Principal Contractor This clause 10.7 applies only if the Supply includes Construction Work the subject of a Construction Project (as defined in the WHS Regulations) to a value of $250,000 or more. The successful Respondent from a subsequent RFP will be engaged as the Principal Contractor for the purposes of the WHS Regulations and will discharge the obligations of a Principal Contractor as required under the WHS Regulations. Work Health and Safety - Accreditation Scheme This clause 10.8 applies only if the Contract is for the Supply of building work (as defined in section 6 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)) and valued in excess of $4 million (GST inclusive). The Respondent's attention is drawn to the Work Health and Safety Accreditation Scheme (Scheme) described in section 43 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth). The Scheme is established by the Building and Construction Industry (Improving Productivity) Act 2016 and specified in the Building Industry (Improving Productivity) (Accreditation Scheme) Rules 2019. Respondents seeking Scheme accreditation should lodge an application, addressing specific work health and safety criteria, to the Office of the Federal Safety Commissioner (OFSC). More information on the Scheme is available on the Federal Safety Commissioner website at www.fsc.gov.au or by contacting the OFSC on 1800 652 500. Where the successful Respondent will be the head contractor and will carry out the building work covered by the Scheme it must: be fully accredited under the Scheme at the award date of the Contract with the Bank to undertake the building work; comply with all conditions of Scheme accreditation; and maintain its accreditation under the Scheme while all building work is being carried out. If the successful Respondent will not be the head contractor and instead engage another builder to carry out building work covered by the Scheme, the Respondent must: not contract with a builder to carry out the building work who is not accredited under the Scheme at the time the Contract is entered into with the Bank; require the builder contracted to undertake the building work remain accredited under the Scheme while carrying out the building work; and require the builder contracted to undertake the building work comply with all conditions of Scheme accreditation. At any time before the award date of the Contract, the Bank Contact may (in its absolute discretion) notify the Respondent that the Bank requires the Respondent to provide by the time and date stated in the notice evidence that: it has obtained full accreditation in accordance with the Scheme (including any expiry dates for such accreditation); or it has taken steps to obtain full accreditation in accordance with the Scheme. If a Consortium Expression of Interest (as defined under Condition 2.1) has been lodged, it must provide the evidence specified in Condition 10.8.6 either: for each participant; or for at least one participant, together with evidence that all participants operate (or will operate) under the accredited person's system. Statement of Requirements Requirements for the Supply Commercial terms Response Schedules Note to Respondents The Response Schedules commence on the next page. Respondents must complete all Response Schedules unless they are identified as optional. No formatting changes are to be made. Respondents may append supporting materials elaborating on or explaining the Expression of Interest. Respondent Respondent Entity Note: The Bank requires the Respondent Entity to remain the same entity for the RFEOI and the RFP stage (if invited to participate in the RFP stage) unless specifically agreed. Respondent Contact for this Expression of Interest Response Deed The Respondent must provide an executed deed in the form below. The deed must be printed, executed and witnessed, and then a scanned copy inserted here. The deed is available for download as a separate file at rba.gov.au/information/request-for-expression-of-interest-process-conditions/#request-for-expression-of-interest-response-deed Respondent Entity Legal Structure Legal Entity Type The Respondent legal entity is a (tick the applicable legal entity type) Private Company (or proprietary company) Public Company (listed or unlisted) Sole Trader Partnership Unincorporated joint venture or association Incorporated association Trust Government department, agency or authority Unregistered Legal Structures If the Respondent Legal Entity is any of the following types, complete the details requested: Partnership Legal entity name (and ABN/ACN/ARBN if applicable) of each partner Unincorporated joint venture or association Legal entity name (and ABN/ACN/ARBN if applicable) of each joint venture participant or member of the association Trust Legal entity name (and ABN/ACN/ARBN if applicable) of each trustee Name (and ABN/ACN/ARBN if applicable) of the trust Respondent Ownership Outline the ownership of the Respondent entity and provide a company group chart (if applicable). If the Respondent is a company and is a member of a group of companies, complete this section. Directors of Respondent Please provide details of: the current office bearers/directors of the Respondent; and the identity of any company that has become insolvent with which any office bearer/director has been associated. Suitability, Capacity and Capability Respondent Background Provide a brief description of the Respondent's background. If not addressed above, please provide the following specific information: The Respondent has been in business for years. The Respondent has current employees. The Respondent has current employees in Australia. The Respondent has current employees in its Sydney office (if applicable). What is the Respondent's history of acquiring or being acquired by other organisations? If the Respondent is involved in any partnership with local or regional providers for the Supply, provide a brief description of those partnerships. Values fit Explain briefly how the Respondent's values align with the Bank’s. For further information about the Bank please refer to https://www.rba.gov.au/about-rba/ Relevant Experience The Respondent should summarise their experience relevant to the Supply. The examples provided should focus on projects or supplies of a similar scale, scope and value to that contemplated for the Supply. Proposed Team Describe the proposed team of resources the Respondent considers appropriate to perform the Supply. Subcontractors Provide details of any subcontractors that the Respondent considers are required for the Supply. To the extent that the Respondent has not identified specific subcontractors, please identify the proposed scope of each subcontract and how the Respondent would ensure availability of a suitable subcontractor for it. Insurances Please provide details of relevant insurance held. Financial Capacity Please provide a copy of the last 3 years' audited financial accounts or annual report, for the Respondent individually and for the Respondent's corporate group (if applicable). Please disclose any material change in position since the most recent audited financial accounts or annual report. Proposed Supply The Supply Overview Please update MS excel Response Schedule Response Schedule - Stage 1 - Software Reseller Consolidation. Commercial Terms The Respondent must respond to the commercial terms addressed in Part 3 section 2 as follows: Allocate each item in Part 3 section 2 a discrete row in the table and identify it in the “Reference” column. Complete the Compliance column with one of the options below to indicate the level of compliance of the Expression of Interest against each requirement. Provide details of any proposed departures to the Bank's proposed commercial terms or responses to information sought by the Bank. Legal Declarations Conflict of Interest Having made all reasonable enquiries, the Respondent does not have any known actual or potential conflicts of interest in respect of the RFEOI, its Expression of Interest or the provision of the Supply, except as detailed here: Workplace Gender Equality Act 2012 (Cth) The Respondent has not been named in Parliament as not complying with the Workplace Gender Equality Act 2012 (Cth) (WGE Act), except as detailed here: If the Respondent it is a 'relevant employer', the Respondent has complied with the WGE Act, except as detailed here: Note: A ‘relevant employer’ means being a non-public sector employer (including higher education institutions, trade unions and not-for-profit organisations) of 100 or more employees in Australia. At the RFP stage, the Bank will require any 'relevant employer' responding to the RFP to provide a current letter of compliance from the Workplace Gender Equality Agency which indicates the respondent's compliance with the WGE Act. Work Health and Safety The Respondent's organisation (or any of the current or former directors or senior managers) have not been convicted of an offence or had fines or sanctions imposed under any WHS law (including common law) within the past five years, except as follows: Modern Slavery The Respondent Organisation has complied with Modern Slavery Laws, except as detailed here: In this section 4.4, the following terms are defined: Employee Entitlements The Respondent does not have any unpaid claims in respect of judicial decisions relating to employee entitlements, except as detailed here: Sanctions The Respondent is not listed as a designated entity (Designated Entity) by the Minister for Foreign Affairs by notice in the Gazette under s 15 of the Charter of the United Nations Act 1945 (Cth) or s6 of the Autonomous Sanctions Regulations 2011 (Cth) and does not intend to engage a subcontractor who is listed as a Designated Entity, except as detailed here: Changes to Information If at any time prior to announcement of the outcome of the RFEOI stage any information provided in this Schedule changes, the Respondent will advise the Bank of that change within 2 Business Days.
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