3.1

REQUEST FOR TENDER

REQUEST FOR TENDER IN RELATION TO THE PROVISION OF DO NOT CALL REGISTRATION SERVICES

File reference: ^ File Number^

Request for Tender Page 1 of 66document.doc

CONTENTS

1. Tender Details 4

2. Introduction 5

2.1. Invitation to Tender 5

2.2. Background to the Do Not Call Register and Summary of Requirements 5

2.3. About ACMA 7

2.4. About Timing 7

3. Conditions of Tender 8

3.1. Lodging of Tenders 8

3.2. Packaging and Identification of Tenders 9

3.3. Documents to be Lodged 9

3.4. Electronic Documents 9

3.5. Late Lodgement Policy 9

3.6. Registration of Participation in RFT 10

3.7. Requests for Further Information 10

3.8. Variation and Termination of the RFT 10

3.9. Errors and Alterations 11

3.10. Alternative Tenders 11

3.11. Part Tenders and Joint Tenders 11

3.12. Confidential Information 12

3.13. Statement of Compliance 12

3.14. Tenderer’s Confidential information 13

3.15. Ethical Dealing 13

3.16. Conflicts of Interest 14


3.17. Application of Law and Commonwealth Policy 14

3.18. Tenderers to Inform Themselves 15

3.19. Disclaimer 16

3.20. Use of Tender Documents 16

3.21. Offers and Acceptance of Offer 16

3.22. Reporting and Disclosure Obligations 17

4. Matters Concerning Tender Response 18

4.1. Tender Response 18

4.2. Complaints 18

4.3. General Matters 18

5. Evaluation of Tenders 20

5.1. Evaluation Methodology 20

5.2. Conditions of Participation 20

5.3. Minimum Content and Format Requirements 20

5.4. Essential Requirements 20

5.5. Tender Evaluation 20

5.6. Clarification, Shortlisting and Negotiations 21

6. Interpretation of RFT 22

6.1. Definitions and Interpretation 22

6.2. Governing Law 22

Appendix 1 - Table of Operational Requirements 32

Appendix 2 - Functional Specifications 56

Schedule 2: Draft Contract 58

Schedule 3: Statement of Compliance 58

Schedule 4: Response Cover Sheet 58

Schedule 5: Profile of Tenderer 58

Schedule 6: Tenderer’s Declaration 58


REQUEST FOR TENDER IN RELATION TO THE PROVISION OF DO NOT CALL REGISTRATION SERVICES

1. Tender Details

Release Date ^DRAFT.^

Closing Time ^DRAFT.^

Offer Period Tenders will remain open for acceptance for a period of 90 days after the Closing Time.

Project Officer Grant SymonsExecutive ManagerConverging Services BranchACMAPO Box 13112Law CourtsMelbourne VIC 8010

Ph: (03) 9963 6866Fax: (03) 9963 6970Email: [email protected]

Tender Details Provision of Do Not Call Registration Services.

Tender Box By mail: Tender BoxAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

By hand: Australian Communications and Media AuthorityGround Floor, Building 7 (Purple Building)Benjamin OfficesBelconnen ACT 2616

By email: via the ACMA email Tender [email protected]

Contact Officer Name: Mark Gairey

Title: Agency Procurement Adviser

Address: Corporate GovernanceAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 2616

Telephone: (02) 6219 5271

Facsimile: (02) 6219 5464

Email: [email protected]

Page 4 of 66document.doc

mailto:[email protected]

2. Introduction

2.1. Invitation to Tender

2.1.1. The Commonwealth of Australia represented by the Chief Executive of the Australian Communications and Media Authority, a body corporate established under the Australian Communications and Media Authority Act 2005 (ACMA Act), ABN 55 386 169 386, (‘the Commonwealth’) invites Tenders for the provision of the requirements set out in the Statement of Requirements in accordance with this Request for Tender (RFT). This RFT is made for the benefit of the Australian Communications and Media Authority (‘ACMA’).

2.1.2. In accordance with the ACMA Act, any contract entered as a result of this RFT will be between the Contractor and the Commonwealth of Australia - see section 12 of the ACMA Act. In accordance with section 44 of the Financial Management and Accountability Act 1997, the Chief Executive of ACMA will be responsible for managing any contract on behalf of the Commonwealth.

2.2. Background to the Do Not Call Register and Summary of Requirements

2.2.1. Legislation to establish a national Do Not Call Register (the Register) in Australia received Royal Assent on 30 June 2006. The legislation, the Do Not Call Register Act 2006 (the DNCR Act), provides that ACMA must keep or arrange for another person to keep, on behalf of ACMA, a register of telephone numbers for the purposes of the DNCR Act.

2.2.2. According to the Explanatory Memorandum to the Bill for the DNCR Act (Explanatory Memorandum), the DNCR Act is a direct response to the level of increasing community and individual concerns about the number of unsolicited telemarketing calls which have grown significantly in recent years. While telemarketing is a legitimate method by which businesses can market their services or seek donations, and the direct marketing industry makes an economic contribution, the DNCR Act enables individuals who have an Australian number to opt out of receiving unsolicited telemarketing calls.

2.2.3. According to the Explanatory Memorandum, Commonwealth government budget funding has been provided over four years for the arrangements contained in the DNCR Act and the Do Not Call Register (Consequential Amendments) Act 2006. The Explanatory Memorandum anticipated that approximately $15.9 million will be recovered from the telemarketing industry through the payment of fees to access the Register over this period. Full cost recovery of the operation of the Register is intended to occur from the fourth year of operation onwards. The budget funding is said by the Explanatory Memorandum to include funding for ACMA to undertake its regulatory functions and for DCITA to undertake policy development work associated with the Do Not Call Register scheme. ACMA may determine fees for cost recovery under section 21 of the DNCR Act.

2.2.4. The Register will allow individuals to register their home and mobile numbers on the Register if they do not want to receive certain unsolicited telemarketing calls. The


DNCR Act is aimed at regulating and minimising unsolicited telemarketing calls made to a Australian telephone numbers that originate from overseas or within Australia. There will be no cost for submitting a telephone number to the Register for registration.

2.2.5. Telemarketers who wish to make telemarketing calls will in effect be required to have their calling lists checked by the Register Operator against the numbers registered on the Register and ‘washed’ to ensure that they do not contact numbers of individuals who have opted out of receiving telemarketing calls. The DNCR Act prohibits the making of unsolicited telemarketing calls to a number listed on the Register. The DNCR Act does, however, provide for a number of limited exemptions to this prohibition to enable certain public interest organisations to make telemarketing calls. Exemptions also apply where the account holder or their nominee has consented to the call or where consent can be reasonably inferred.

2.2.6. ACMA will make determinations relating to the operation and administration of the Register.

2.2.7. According to the Explanatory Memorandum, with a population of 300 million, the United States of America’s Do Not Call Register experienced 100 million registrations by the end of its second year of operation. The United Kingdom, with a population of 60 million, has experienced 20 million registrations on its Telephone Preference Service.

2.2.8. Based on this international experience, ACMA expects that there could be up to 7 million numbers offered for registration on the Register in the first two years. The international experience suggests that there could be up to 1 million registrations in the first week of operation of the Register and 5 million in the first twelve months. Each number stays on the Register for three years unless removed on request. ACMA estimates that there are approximately 20 million numbers eligible to be placed on the Register.

2.2.9. The Commonwealth is seeking tenders from suitably qualified and experienced organisations (individually or as part of a consortium) for building, commissioning, maintaining and administering the Register, as well as, for promoting awareness of the Register and implementing a complaint handling and complaint referral service relating to the operation of the Register. In the event that a suitable bid for all the services is not provided, the Commonwealth would consider negotiating with tenderers to deliver part of the services offered (please see clause 3.11 of this RFT).

2.2.10. More detail concerning these requirements is set out in the Statement of Requirement at Schedule 1.

2.2.11. Tenderers must be able to meet the conditions of participation as identified in clause 5.2.

2.2.12. The minimum content and format requirements of this RFT are as identified in clause 5.3.


2.3. About ACMA

2.3.1. The Australian Communications and Media Authority (ACMA) is responsible for the regulation of broadcasting, radiocommunications, telecommunications and on-line content.

2.3.2. ACMA’s responsibilities include:

promoting self-regulation and competition in the telecommunications industry, while protecting consumers and other users;

fostering an environment in which electronic media respect community standards and responds to audience and user needs;

managing access to the radiofrequency spectrum, including the broadcasting services bands;

representing Australia’s communications and broadcasting interests internationally;

undertaking functions conferred on ACMA under the DNCR Act such as keeping the Register (or arranging for another entity to keep the Register) and investigating complaints relating to telemarketing calls.

2.3.3. For more information on ACMA, refer to the Australian Communications and Media Authority Act 2005 and the ACMA website (http://www.acma.gov.au).

2.4. About Timing

2.4.1. The following table is an indicative timetable for the process leading up to the launch of the Register only. It is indicative only and may be subject to change. It is included as a guide to Tenderers, and should not be relied upon other than as an indication of expected timeframes. ACMA and the Commonwealth do not accept any responsibility or liability for any loss howsoever caused as a result of reliance on this indicative timetable.

Activity Indicative timing

Issue Request for Tender 2 October 2006

Industry briefing 11 October 2006

Tender Closing Time 30 October 2006

Tender Evaluation November 2006

Contract Negotiation December 2006

Contracts signed and all Tenderers advised January 2007

Do Not Register launch No later than May 2007


3. Conditions of Tender

3.1. Lodging of Tenders

3.1.1. Tenders are to be lodged on or before the Closing Time.

3.1.2. Tenders may be lodged by mail or by hand at the Tender Box in a sealed envelope clearly marked with the Tender Details or electronically to the ACMA email Tender Box.

3.1.3. Tenderers sending Tenders by mail or electronically do so at their own risk and no responsibility will be accepted for Tenders delivered to an incorrect location or address.

3.1.4. The time recorded by the ACMA email Tender Box system for electronic lodgement of Tenders is deemed to be the correct time.

3.1.5. When lodging a Tender via the ACMA email Tender Box system, ACMA on behalf of the Commonwealth will accept Tenders lodged in Microsoft Word 2002 SP-1. The Tender file name/s must:

a. incorporate the Tenderer’s name;

b. reflect the various parts of the Tender they represent, where the Tender comprises multiple files;

c. not include spaces, non-alpha/numeric characters and symbols; and

d. not exceed 20 characters.

3.1.6. Tenders lodged via the ACMA email Tender Box system:

a. should be zipped (compressed) together for transmission to ACMA;

b. should be completely self-contained and not include hyperlinked material or material otherwise incorporated by reference; and

c. should not exceed a combined file size of 10 megabytes per email - if an upload would otherwise exceed 10 megabytes, the Tenderer should lodge the Tender in multiple emails of less than 10 megabytes each, clearly identifying each email as part of the Tender.

3.1.7. The Commonwealth and ACMA will accept up to a maximum of five files in any one email of a Tender.

3.1.8. The Commonwealth and ACMA do not guarantee that transmission to the ACMA email Tender Box will be available or will function or perform as expected or required. Tenderers use the ACMA email Tender Box system at their own risk and the Commonwealth and ACMA accept no responsibility for late Tenders as a result of any malfunction of the ACMA email Tender Box system.

3.1.9. Tenders will only be accepted into evaluation if lodged in accordance with this clause 3.1.


3.2. Packaging and Identification of Tenders

3.2.1. For Tenders lodged by mail or by hand, Tenders should be enclosed in a sealed envelope or other sealed container endorsed with:

a. the RFT number and Tender Closing Time; and

b. the name of the Tender.

3.2.2. Where a Tenderer submits more than one response to this RFT each Tender should be submitted in a separate and appropriately endorsed envelope or container.

3.3. Documents to be Lodged

3.3.1. When lodging their Tender by mail or by hand, Tenderers should lodge an original (marked “original”) and 2 hard copies, together with an electronic copy of their Tender on computer disc compatible with Microsoft Word 2002 SP-1. Each copy of the Tender (including any electronic copy) should be complete and standalone. If there is a discrepancy between a copy (including any electronic copy) and the original, the original takes precedence.

3.3.2. Alternatively, Tenderers can lodge an electronic copy of their Tender through the ACMA email Tender Box in accordance with the process set out in clause 3.1.

3.3.3. Only material requested or required by this RFT should be lodged. Supporting or marketing material that has not been requested is not to be included. Where such material is included, it may be disregarded.

3.4. Electronic Documents

3.4.1. Tenderers warrant that they have taken reasonable precautions to ensure that Tender files are free from malicious software such as viruses, worms or other disabling features. Tenders that are found to contain malicious software may be excluded from the evaluation process.

3.4.2. If an electronic file is corrupt, illegible, inadequate or incomplete, the Commonwealth may exclude the Tender from evaluation, unless a hardcopy has been lodged.

3.4.3. Documents requiring a signature should be scanned and lodged in electronic format. The Commonwealth may request the Tenderer to provide any signed documentation that has been submitted in electronic form. If the Tenderer does not do so, the Commonwealth may exclude the Tender from evaluation.

3.5. Late Lodgement Policy

3.5.1. Any Tender will be deemed to be late if it is not lodged before the Closing Time.

3.5.2. Subject to this clause 3.5, the Commonwealth will not admit late Tenders into evaluation.


3.5.3. The Commonwealth will admit into evaluation any Tender that was received late solely due to mishandling by ACMA or ACMA staff.

3.6. Registration of Participation in RFT

3.6.1. Tenderers who wish to be kept advised of amendments and clarifications to this RFT process may register their interest by fax or email to the Contact Officer. In registering their interest, Tenderers must provide contact details with a suitable electronic means of communication such as fax or email.

3.6.2. All alterations, corrections and notices will be made available by the Contact Officer and will be placed on a website in the Tenders Section of the ACMA website.

3.6.3. ACMA accepts no responsibility if a Tenderer fails to become aware of any addenda or notices in relation to this RFT which would have been apparent from a visit to the ACMA website or from other information available from the Contact Officer.

3.7. Requests for Further Information

3.7.1. Requests for further information or any queries in relation to this RFT must be directed in writing to the Contact Officer.

3.7.2. ACMA staff, on behalf of the Commonwealth, may circulate questions and their answers to all other Tenderers without disclosing the source of the questions or revealing the substance of a proposed Tender or other confidential information.

3.7.3. ACMA staff, on behalf of the Commonwealth, may decline to provide information to Tenderers that is considered:

a. confidential information;

b. security classified information or other sensitive information;

c. information which may impede current or future competition in the market;

d. information that may provide a Tenderer with an unfair advantage in the RFT process; or

e. information that, in ACMA’s reasonable opinion, should not be disclosed for any other reason.

3.8. Variation and Termination of the RFT

3.8.1. The Commonwealth may amend this RFT, including the timing and processes referred to in this RFT and extending the Closing Time, by giving written notice. Any extension notice or other amendment will be published and distributed in accordance with this RFT.

3.8.2. The Commonwealth and ACMA are not liable to a Tenderer who fails to become aware of any notice or amendment, which has been published and distributed in accordance with this RFT.


3.8.3. If the RFT is amended after the Closing Time, the Commonwealth may request Tenderers to update and re-lodge their Tenders.

3.8.4. The Commonwealth may terminate the Tender process at any time.

3.9. Errors and Alterations

3.9.1. Tenderers are to initial any alterations made to a Tender. Tenders containing alterations that are not initialled, or pricing or other information that is not stated clearly and legibly, may be excluded from consideration.

3.9.2. If the Commonwealth considers that there are unintentional errors of form in a Tender, ACMA staff (on behalf of the Commonwealth) may request the Tenderer to correct or clarify the error, but the Commonwealth will not permit any material alteration or addition to the Tender.

3.9.3. Tenderers should immediately notify the Project Officer in writing if a Tenderer reasonably believes there is discrepancy, error, ambiguity, inconsistency or omission in this RFT.

3.10. Alternative Tenders

3.10.1. The Commonwealth will consider an alternative approach or solution only if the Tenderer has also lodged a compliant Tender which meets the mandatory and essential requirements as specified in this RFT.

3.10.2. Where an alternative Tender is proposed, a Tenderer should:

a. separately identify, in detail, the proposed alternative approach or solution;

b. specify each instance of change from the compliant Tender submitted by the Tenderer (including effect on the tendered price);

c. state the reasons for each instance of change; and

d. demonstrate how the proposed alternative approach is beneficial to ACMA.

3.10.3. Failure to provide this information may result in the Commonwealth not considering the alternative Tender.

3.11. Part Tenders and Joint Tenders

3.11.1. The Commonwealth will not consider a Tender for part of the requirements.

3.11.2. The Commonwealth has a preference for a single contract to deliver all the services set out in the Statement of Requirements. Notwithstanding this preference, the Commonwealth reserves the right in its absolute discretion to:

a. exclude a particular aspect of the services; or

b. select more than one contractor to provide the different aspects of the services.


3.11.3. Tenders are taken to be submitted on the basis that the Commonwealth may accept the Tender in respect of all or part of the services.

3.11.4. The Commonwealth will only contract with a single legal entity that will be the party responsible for the performance under any contract. Where the Tenderer represents a consortium, the Tender must include the information sought for each consortium member, describe in detail the structure of the consortium, in particular clarifying whether each consortium member will be jointly and severally liable for the performance of the contract or whether one member will be fully liable for the performance.

3.11.5. The Commonwealth reserves the right to any time negotiate with any Tenderer or any person who is not a Tenderer and/or enter into one or more contracts for the provision of services that are the same or similar to those that are the subject of this RFT on such terms as the Commonwealth in its absolute discretion deems appropriate.

3.12. Confidential Information

3.12.1. Tenderers are required to ensure that any of their employees, agents or sub-contractors involved in meeting ACMA’s requirements do not either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of ACMA, the Commonwealth or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by ACMA or the Commonwealth and which ACMA or the Commonwealth indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential.

3.13. Statement of Compliance

3.13.1. Tenderers are to indicate in the Statement of Compliance (in Schedule 3) their level of compliance or otherwise with each clause of the Statement of Requirements and Draft Contract. Responses are to be in the order in which the clauses appear and refer to the relevant clause number or schedule. Non committal terms such as “noted” should not be used. Responses are to be limited, wherever possible, to the following expressions:

a. “complies” – means that the contractual condition, characteristic or performance requirement of the clause is agreed to and is fully met by the Tender; and

b. “does not comply” – means that the contractual condition, characteristic or performance requirement of the clause cannot or will not be met by the Tender.

3.13.2. Where a Tender does not comply with a particular clause, the manner and extent of non-compliance is to be stated in the Statement of Compliance. The Tenderer is to provide separately a summary list of clauses in respect of which there is non-compliance.


3.14. Tenderer’s Confidential information

3.14.1. The Commonwealth will treat, and will ensure that ACMA and ACMA staff treat, Tenderer provided information as confidential information.

3.14.2. The Commonwealth’s and ACMA’s obligation to keep confidential Tenderer provided information will not be taken to have been breached to the extent that the Commonwealth or ACMA disclosed the information:

a. to its advisers, officers, employees or subcontractors solely in order to conduct the RFT process;

b. to internal management personnel, solely to enable effective management or auditing of the RFT process;

c. to the responsible Minister;

d. in response to a request by a House or a Committee of the Parliament of Australia;

e. to share within ACMA’s organisation, or with a Commonwealth agency or the Department of Communications, Information Technology, and the Arts, where this serves ACMA’s legitimate interests;

f. as authorised or required by law to be disclosed; or

g. where it is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality.

3.15. Ethical Dealing

3.15.1. The Commonwealth’s policy is to engage in the highest standards of ethical behaviour and fair dealing throughout the Tender process. The Commonwealth requires the same standards from those with whom it deals.

3.15.2. Tenders must be compiled without improper assistance of employees or former employees of ACMA and without the use of information improperly obtained or in breach of an obligation of confidentiality.

3.15.3. Tenderers must not:

a. engage in misleading or deceptive conduct in relation to the RFT process;

b. engage in any collusive tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the RFT process; or

c. attempt to influence improperly any officer, employee or agent of ACMA, or violate any applicable laws or Commonwealth policies regarding the offering of inducements in connection with the RFT process.

3.15.4. The Commonwealth may exclude from consideration any Tender lodged by a Tenderer which, in the Commonwealth’s reasonable opinion, has engaged in any behaviour contrary to clause 3.15.3 in relation to the RFT process.


3.16. Conflicts of Interest

3.16.1. Tenderers are required to represent and declare in Schedule 6 [Tenderer’s Declaration] whether, at the time of lodging their Tender, a conflict of interest concerning itself or a related entity (‘Conflict of Interest’) exists or might arise during the term of any contract entered into as a result of the RFT process.

3.16.2. If an actual or potential Conflict of Interest concerning itself or a related entity arises at any time during the RFT process, Tenderers are to immediately notify the Commonwealth in writing. If a Conflict of Interest arises, the Commonwealth may:

a. enter into discussions to seek to resolve such Conflict of Interest;

b. reject the Tender lodged by such a Tenderer; or

c. take any other action it considers appropriate.

3.17. Application of Law and Commonwealth Policy

3.17.1. Tenderers should familiarise themselves with all relevant Commonwealth legislation and policies relating to the provision of the Statement of Requirements including:

a. the small and medium enterprises (SME) policy under which the Government is committed to agencies sourcing at least 10% of their purchases by value from SMEs. An SME is an Australian or New Zealand registered firm with fewer than 200 full time equivalent employees;

b. the Freedom of Information Act 1982 which gives members of the public rights or access to certain documents of ACMA and the Commonwealth;

c. the Privacy Act 1988 (as amended by the Privacy Amendment (Private Sector) Act 2000) which aims to ensure that contractors and their subcontractors do not engage in an act or practice which, if done by ACMA or the Commonwealth, would breach the Information Privacy Principles. The Privacy Act also imposes obligations directly on contractors and subcontractors to comply with the National Privacy Principles; and

d. the Trade Practices Act 1974 which aims to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Act prohibits various trade practices that tend to prevent or lessen competition in an Australian market for goods and services.

3.17.2. Where the Tenderer is currently named as not complying with the Equal Opportunity for Women in the Workplace Act 1999, the Commonwealth may exclude its Tender from further consideration.

3.17.3. The attention of Tenderers is drawn to the Auditor-General Act 1997 that provides the Auditor-General or an authorised person with a right to have, at all reasonable times, access to information, documents and records (see sections 32 and 33 of the Auditor-General Act 1997).


3.17.4. In addition to the Auditor-General’s statutory powers, and in recognition of the need for the Auditor-General’s functions to be conducted in an efficient and cooperative manner, if a Tenderer is chosen to enter into a contract as a result of the RFT process, that Tenderer may be required to provide to the Auditor-General, or a delegate of the Auditor-General, access to information, documents, records and Commonwealth assets, including those on the Tenderer’s premises. This access will be required at reasonable times on giving reasonable notice, for the purpose of carrying out the Auditor-General’s functions and will be restricted to information and assets which are in the custody or control of the Tenderer, its employees, agents or subcontractors, and which is directly related to the contract. Such access will apply for the term of any contract entered into and for a period of five years from the date of expiration or termination.

3.17.5. Tenderers should obtain, and will be deemed to have obtained, their own advice on the impact of the Auditor-General Act 1997 on their participation in the RFT.

3.17.6. The operation of the Register will be in accordance with the DNCR Act and any legislative instruments made under that Act. Tenderers should familiarise themselves with this Act and obtain any advice necessary. Tenderers should be aware that changes to the Act and the instruments made or approved under it may affect the operation of the Register.

3.17.7. The operation of the Register will also be consistent with the Telecommunications Act 1997 and any legislative or other instruments made or approved under this Act. Tenderers should familiarise themselves with this Act and obtain any advice necessary. Tenderers should be aware that changes to the Act and the instruments made under it may affect the operation of the Register.

3.18. Tenderers to Inform Themselves

3.18.1. Tenderers are considered to have:

a. examined this RFT, any documents referenced in this RFT and any other information made available by the Commonwealth or ACMA to Tenderers for the purpose of submitting a Tender;

b. examined all further information which is obtainable by the making of reasonable inquiries relevant to the risks, contingencies, and other circumstances having an effect on their Tender;

c. satisfied themselves as to the correctness and sufficiency of their Tenders including tendered prices; and

d. satisfied themselves as to the terms and conditions of the Draft Contract and their ability to comply with the Draft Contract.

3.18.2. Tenders are submitted on the basis that Tenderers acknowledge that:


a. they do not rely on any representation, letter, document or arrangement, whether oral or in writing, or other conduct as adding to or amending these conditions other than amendments in accordance with clause 3.8;

b. they do not rely upon any warranty or representation made by or on behalf of the Commonwealth or ACMA, except as are expressly provided for in this RFT, but they have relied entirely upon their own inquiries and inspection in respect of the subject of their Tender;

c. the Commonwealth and ACMA will not be responsible for any costs or expenses incurred by Tenderers in complying with the requirements of this RFT; and

d. neither this RFT nor the Tender give rise to contractual obligations between the Commonwealth and the Tenderer.

3.19. Disclaimer

3.19.1. The Commonwealth and ACMA will not be liable to any Tenderer on the basis of any promissory estoppel, quantum meruit or other contractual, quasi contractual or restitutionary grounds whatsoever or in negligence as a consequence of any matter relating or incidental to a Tenderer’s participation in this RFT process including instances where:

a. a Tenderer is not invited to participate in any subsequent process following completion of this RFT process;

b. the Commonwealth varies or terminates the RFT process;

c. the Commonwealth decides not to contract for all or any of the requirements; or

d. the Commonwealth exercises or fails to exercise any of its other rights under or in relation to this RFT.

3.20. Use of Tender Documents

3.20.1. All Tender documents submitted in response to this RFT will become the property of the Commonwealth and be in the custody of ACMA.

3.20.2. Intellectual property owned by the Tenderer or third parties in material contained in the Tender does not pass to the Commonwealth with physical property in the Tender documents. However, the Commonwealth is granted an irrevocable, royalty free licence to use, reproduce and circulate any copyright material contained in the Tender, or provided by the Tenderer in response to this RFT, to the extent necessary to conduct the Tender process and in the preparation of any resultant contract.

3.21. Offers and Acceptance of Offer

3.21.1. Lodging a Tender will constitute an offer in accordance with this RFT by the Tenderer for a period of not less than the Offer Period.

3.21.2. A Tender is not taken to have been accepted until a formal contract has been executed by the Tenderer and the Commonwealth on the basis of the Draft Contract, and notice


by the Commonwealth to any Tenderer that it is, or is not, a preferred or successful Tenderer does not constitute an acceptance or rejection of any Tender.

3.22. Reporting and Disclosure Obligations

3.22.1. Following the evaluation of Tenders and the award of contract (if applicable), the Commonwealth will promptly inform all Tenderers of the outcome of the Tender process.

3.22.2. On request, the Commonwealth will provide an unsuccessful Tenderer with reasons that its Tender was not successful. The Commonwealth may choose to provide these reasons in writing or orally.

3.22.3. In addition, the Commonwealth is obliged to:

a. list any contract for the benefit of ACMA arising out of this RFT with a consideration of $100,000 or more, on the ACMA Internet website, identifying any confidentiality requirements, in accordance with the Senate Order on Department and Agency Contracts; and

b. publish contracts with an estimated contract value of $10,000 or more on the AusTender Contracts Reported website.


4. Matters Concerning Tender Response

4.1. Tender Response

4.1.1. Tenderers are referred to the Statement of Requirements and the evaluation criteria for information on the requirements sought by the Commonwealth in this RFT. Tenderers should submit with their Tender:

a. Tenderer’s details (including full name, any trading or business name, address, company details, ABN (if applicable) and contact for notices) as set out in the Response Cover Sheet in Schedule 4 and the Profile of Tenderer in Schedule 5;

b. Tenderer’s response to the Statement of Requirements (in Schedule 1) which should address all the matter identified in Schedule 1 to the Draft Contract (see items A, B, C, D, E, F, G of that Schedule);

c. detailed pricing;

d. details of any specified personnel or subcontractors with particular experience or expertise who will assist in carrying out the requirements of the Draft Contract;

e. details of past performance in providing the type of requirements;

f. a list of, and contact details for, at least three recent clients of the Tenderer who are prepared to act as referees and a description of the goods and/or services supplied by the Tenderer to the referee;

g. details of the Tenderer’s insurance;

h. Tenderer’s Declaration (in Schedule 6); and

i. details of the Tenderer’s level of compliance (in Schedule 3).

4.1.2. The Draft Contract will form the basis of the final contract between the Commonwealth and the successful Tenderer. Tenderers are advised to examine its terms and conditions when framing their offer.

4.2. Complaints

4.2.1. A Tenderer may lodge a complaint if dissatisfied with any aspect of this RFT process and unable to resolves the issue with the Complaints Officer. Complaints should be directed in writing to the Complaints Officer:

însert details for Complaints Officer^

4.2.2. The Complaints Officer is independent of the RFT process.

4.2.3. Complaints will not prejudice a Tenderer’s participation in any of ACMA’s future procurement processes.

4.3. General Matters

4.3.1. Prices are to be inclusive of:


a. GST (as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999);

b. all costs of complying with this RFT; and

c. all costs associated with doing all things necessary for the due and proper completion of the proposed contract. Where such costs are dependent on agreement of the exact scope of work, the basis for determining these costs must be provided.

4.3.2. The Tenderer should clearly specify any discount (such as early payment terms) and incentives offered.

4.3.3. The Tenderer should specify in its response to the RFT hourly rates for the term of the proposed contract, for each of the specified personnel, which will be used to price work under the contract.


5. Evaluation of Tenders

5.1. Evaluation Methodology

5.1.1. The objective of the evaluation is to identify the Tenderer which meets ACMA's requirements and represents the best value for money. The Commonwealth's decision on the parameters and methodology for evaluation will be final.

5.2. Conditions of Participation

5.2.1. There are no Conditions of Participation for this RFT.

5.3. Minimum Content and Format Requirements

5.3.1. The Tender must be written in English and measurements are to be expressed in Australian legal units of measurement. Prices are to be in Australian dollars, unless otherwise stated.

5.3.2. Subject to clause 5.6, the Commonwealth will exclude a Tender from further consideration if the Commonwealth considers that the Tender does not comply with the following requirements:

a. the inclusion of information on matters referred to in [TBA] of Schedule 1 to this Request for Tenders; and

b. the inclusion of a copy of all insurance certificates that cover, or would cover, the services to be performed under the proposed contract.

5.4. Essential Requirements

5.4.1. The Commonwealth will exclude a Tender from further consideration if the Commonwealth considers that the Tender does not comply with an essential requirement identified in the Statement of Requirements.

5.5. Tender Evaluation

5.5.1. Subject to clause 5.5.3, the criteria to be applied for the purposes of evaluation are:

a. the extent to which Tenders meet the Statement of Requirements;

b. the degree of overall compliance with the RFT including the Draft Contract;

c. price (including the extent to which an increase in volume or scope of any aspect of the Statement of Requirements will have an effect on the price);

d. ability to manage risk;

e. the Tenderer’s capability to meet ACMA’s requirements;

f. financial viability of the Tenderer;

g. experience and past performance of the Tenderer including the skills and experience of any specified personnel or subcontractors;


h. the Tenderer’s understanding of the legal and policy environment within which the Register will operate; and

i. the flexibility and responsiveness of the Tenderer and any systems proposed by the Tenderer to operate the Register.

5.5.2. The list of evaluation criteria is not in any order of importance.

5.5.3. If additional criteria are intended to be applied for the purposes of evaluation, the Commonwealth will notify Tenderers who will be given an opportunity to respond.

5.5.4. The Commonwealth may exclude from consideration Tenders that in the Commonwealth’s opinion are incomplete or clearly not competitive. However, the Commonwealth may consider such Tenders and seek clarification in accordance with clause 5.6.

5.6. Clarification, Shortlisting and Negotiations

5.6.1. The Commonwealth may:

a. use any relevant information obtained in relation to a Tender (through this RFT or by independent inquiry of the Tenderer’s referees or references or other means) in the evaluation of Tenders;

b. enter into negotiations or discussions with any one or more Tenderers with conforming Tenders; and

c. seek clarification of any omissions, ambiguities or anomalies from any Tenderer.

5.6.2. The Commonwealth may shortlist Tenderers at any time during the evaluation process. If it does so, Tenderers will be advised accordingly, and short listed Tenderers may be invited to provide further information on their Tender to the Commonwealth.


6. Interpretation of RFT

6.1. Definitions and Interpretation

6.1.1. Unless a contrary intention is indicated, this RFT is interpreted in the same manner, and its terms have the same meaning, as in the Draft Contract in Schedule 2.

6.1.2. In this RFT, unless the contrary intention appears:

a. Closing Time means the date and time set out in clause 1;

b. Conflict of Interest means any matter, circumstance, interest, or activity affecting the Tenderer (including the officers, employees, agents and subcontractors of the Tenderer) which may or may appear to impair the ability of the Tenderer to provide the requirements for the benefit of ACMA diligently and independently;

c. Contact Officer means the person set out in clause 1;

d. Draft Contract means the document set out in Schedule 2;

e. Offer Period means the period set out in clause 1;

f. Project Officer means the person set out in clause 1;

g. Statement of Compliance means the statement of compliance set out in Schedule 3;

h. Statement of Requirements means the statement of requirements set out in Schedule 1;

i. Tender Box means the tender box set out in clause 1; and

j. Tender Details means the tender details set out in clause 1.

6.2. Governing Law

6.2.1. The governing law of the Australian Capital Territory applies to the RFT. The courts of the Australian Capital Territory have non-exclusive jurisdiction to decide any matter arising out of this RFT.


Schedule 1: Statement of Requirements

A.1 Scope

A.1.1. The Register Operator will be responsible for the provision of the services described in this Schedule in relation to the establishment, operation and management of the Do Not Call Register.

A.2 Services to be performed/ goods to be supplied

A.2.1 Introduction

(1) In accordance with Part 3 of the DNCR Act, the Register Operator will be required to keep on behalf of ACMA the Do Not Call Register (the Register). The Register is to be kept in electronic form.

(2) Aims and objectives of the Register are as follows:

the Register will be established and administered in accordance with the DNCR Act;

registration should be straightforward, efficient and free of charge; access to the Register should be straightforward and efficient; the existence of the Register should be widely known by potential

subscribers and users of the Register (individuals and telemarketers); there will be clear and robust complaint handling procedures for

handling complaints from account holders or their nominees and access-seekers.

A.2.2 Operation and administration of the Do Not Call Register

(1) A Table of Operational Requirements is set out in Appendix 1 to this Schedule.

(2) Appendix 1 also sets out the minimum and expected standards, together with a description of the material Tenderers should include in their Tenders.

A.2.3 Technical requirements

Tenderers must provide information on the information technology to be used in the implementation and operation of the Register. (The precise technical requirements will be developed in consultation with the successful Tenderer.) Tenderers must provide information on technical standards and requirements they see as necessary to provide secure, reliable, high transaction IT systems to perform all functions of the Register Operator.The information should address all the material below. The following material is provided as a guide to Tenderers and lists potential technical requirements of various IT systems that may be utilised in the provision of the services by the


Register Operator. These examples should not be taken as mandatory technical requirements.

(1) The Register Operator should be able to provide a technology system incorporating the following characteristics:

provision of IT systems and network infrastructure that conforms to the Protective Security Manual (PSM) as issued by the Attorney-General's Department (http://www.ag.gov.au/www/protectivesecurityhome.nsf/0/3ABEF2858B90B6D3CA256BB3001AE07C?OpenDocument);

provision of IT systems and network infrastructure that conforms to the Australian Government Information and Communications Technology Security Manual (ACSI 33) (http://www.dsd.gov.au/library/infosec/acsi33.html);

HyperText Transfer Protocol Secure (HTTPS) for provision of secure payments by telemarketers;

HTTPS for Internet data transfer between telemarketers and the Register Operator;

two factor authentication for telemarketers to use the access services provided by the Register Operator;

utilisation of service oriented architecture models; and utilisation of Extensible Markup Language (XML) data transfer

processes.

(2) The Register Operator must have the technical expertise, knowledge and ability to provide secure, reliable, high transaction IT systems to perform all functions of the Register Operator.

(3) The technology used by the Register Operator should meet the High Level Functional Specifications and the Non-Functional Specifications in Appendix 2 to this Schedule 1.

A.2.4 Reporting

Tenderers must provide information on their proposed reporting arrangements, including proposed format and content and method of delivery. This information should address all the matters set out below.

(1) The Register Operator must report quarterly to ACMA on its performance against the Performance Standards set out under the proposed contract.

(2) The quarterly reports should include:

performance achieved for the quarter against the Performance Standards in the proposed contract and the Implementation Plan;

a description of any event which has had, or which may have, an effect on the provision of the services;


http://www.dsd.gov.au/library/infosec/acsi33.html

http://www.ag.gov.au/www/protectivesecurityhome.nsf/0/3ABEF2858B90B6D3CA256BB3001AE07C?OpenDocument

http://www.ag.gov.au/www/protectivesecurityhome.nsf/0/3ABEF2858B90B6D3CA256BB3001AE07C?OpenDocument

the number of registrations by registration method (for example, telephone, internet website);

the number of ‘washing’ services provided to telemarketers/businesses; and

the number of complaints received by the Register Operator from users and access seekers.

(3) ACMA may within reasonable limits, request the Register Operator to provide specific reports where deemed appropriate. The Register Operator will be expected to provide these reports at no additional cost to ACMA.

(4) The Register Operator must have appropriate systems in place to ensure that ‘call centre/contact’ and web access availability is reported accurately.

(5) The Register Operator must report to ACMA within 30 days of the end of each calendar quarter unless otherwise agreed by ACMA.

Financial statements

(6) The Register Operator must provide ACMA with audited financial statements, for each financial year complying, with relevant accounting standards. ACMA should have full visibility of costs associated with operating the Register and have free and comprehensive access provided by the Register Operator’s financial and management accounting records and systems relevant to the performance of the services under the proposed contract.

A.2.5 Fault management and reporting

Tenderers must provide information on their proposed fault management arrangements. This information should address all the matters set out below.

(1) The Register Operator must have formal fault reporting, monitoring and rectification processes in place. The processes will be reflected in the Implementation Plan.

(2) The Register Operator must cooperate with ACMA as requested to investigate and resolve performance concerns relating to registration services.

A.2.6 Security, Confidentiality and Privacy

Tenderers must provide information on their proposed arrangements for complying with all relevant security requirements and maintaining confidentiality and privacy. This information should address all the matters set out below.


(1) The Register Operator must comply with all applicable security requirements specified in the Commonwealth Protective Security Manual 2005.

(2) The Register Operator must comply with all confidentiality and privacy laws and have suitable policies and procedures in place for confidentiality and privacy matters.

A.2.7 Quality Management System

Tenderers must provide information on their proposed arrangements for establishing and maintaining a quality management system. This information should address all the matters set out below.

(1) The Register Operator must establish and maintain a Quality Management System that is certified to ISO 9000 series, ‘Quality management systems – Requirements’ or equivalent national quality management system.

A.2.8 Working effectively with ACMA and other organisations

Tenderers must provide information on their proposed arrangements for working effectively with ACMA and other organisations. This information should address all the matters set out below. Tenderers should demonstrate, with examples, an understanding of and commitment to establishing effective working relations with other organisations.

(1) The overall success of the Register is dependent on the Register Operator working effectively with various entities. The Register Operator must undertake all reasonable efforts to cooperate with (amongst others):

ACMA; the Office of the Privacy Commissioner; the direct marketing industry (including any industry bodies); users of the Register (the public); and access seekers to the Register (telemarketers).

A.2.13 Development of Plans

Tenderers must provide complete drafts of an Implementation Plan, an IT Systems and Development Plan (incorporating a Risk Management Plan) and a 4 Year Business Plan.

The Implementation Plan

(1) The Implementation Plan for the Register should address all activities that need to be completed to allow the operation of the Register to commence no later than May 2007.

(2) The Implementation Plan should also:


contain details of the Implementation Plan Project Manager, including details of their relevant experience;

contain a detailed schedule of all activities to be undertaken and the entities that will undertake those activities to allow the operation of the Register to commence no later than May 2007. The schedule should also detail who is responsible for each activity (including third parties) and the dates on which the activities will be delivered;

contain a schedule of all critical path milestones; contain a detailed budget for the implementation period being the first

12 months after execution of the proposed contract; detail the IT systems to be used to support the Register; detail how the Register will handle the expected high level of demand

for registrations in the immediate period following the launch of the Register;

detail all risks including technical risks associated with implementation, and outline how these risks will be mitigated (reference could be made to the risks set out in the Risk Management Sub-Plan); and

include a draft “Transition Out Plan” for inclusion in Schedule 6 of the contract.

IT Systems Development and Maintenance Plan

(3) The IT Systems Development and Maintenance Plan should include:

information on the Register Operator’s proposed website registration system; and

information on the database systems proposed to house the Register; and

information on the Register Operator’s proposed website interface for access seekers (including the security of lists sent by access seekers and returned by the Register Operator); and

the outline of how the Register Operator will co-operate and ensure a smooth transition process in the event that the Register Operator ceases to operate the Register and another entity (including, but not limited to, ACMA) commences to operate the Register (including the transfer of pending registrations and removals, the Register, registration services, and complaints).

(4) The IT Systems Development and Maintenance Plan should also include:

an overall IT Systems development strategy; life cycle maintenance requirements for equipment critical for service

delivery; disaster recovery and business continuity; data protection; a strategy for ensuring that maintenance is conducted by suitably

qualified personnel; and the Risk Management Sub-Plan.


Risk Management Sub-Plan

(5) The Risk Management Sub-Plan should be included in the IT Systems Development and Maintenance Plan. It should be developed in accordance with the Australian Standard AS/NZS 4360 Risk Management.

(6) The Risk Management Sub-Plan should identify all the key risks that the Tenderer believes are associated with the set up period, during the initial 12 month implementation period and during the rest of the initial term of the proposed contract. The Sub-Plan must address potential risks throughout the service period of the contract. The Sub-Plan must provide an assessment of the severity of the risks identified and the likelihood of a risk event occurring. It must outline strategies for the management of these risks and procedures for the maintenance of the Risk Management Sub-Plan throughout the life of the proposed contract, including (but not limited to) insurance cover for the tasks to be performed under the contract. Risks addressed should include, but not be limited to, those associated with:

establishing the Register; loss of key personnel or other critical staff; service delivery infrastructure (including security); privacy breaches; DDOS attacks; and system overload (capacity problems).

4 Year Business Plan

(6) The 4 Year Business Plan should include:

set up costs, including capital and non-recurring operating costs for building the Register;

promotion and publicity costs (to a cap of $1 million for the first four years);

database management and maintenance costs; complaint handling costs; register management costs; development costs; and detailed budget.

(7) Costs set out in this Plan should be consistent with and should not exceed, for the duration of the proposed contract, the costs detailed in the Tender.

(8)It is anticipated by ACMA that there will be economies of scale related to the maintenance of the Register. Tenderers are invited to include references to their own methodologies for reducing their costs base over time.


A.3 Time frame

A.3.1 The resultant contract is expected to commence on ^xx Month 200^ and to conclude on ^xx Month 200^.

To be advised

A.4 Contract management

A.4.1 The Commonwealth expects the successful Tenderer to manage the relationship pro-actively and to provide a Client Manager at a senior level in addition to the specified personnel or subcontractors delivering the requirements. The Commonwealth expects that ACMA will hold regular meetings with the Client Manager as part of the performance assessment cycle.


B.1 Price Schedule

ACMA will provide more information concerning the proposed structure of the Price Schedule at the time the RFT is formally issued. It is expected that Tenderers will be required to provide a price for providing the Services described in Appendix 1 to the level of the ‘Minimum Requirements’.

It is intended that the Contract will contain a performance management regime that is linked to contract payments - proposed performance standards are set out in Appendix 1 to Schedule 1. Tenderers will be required to set out their proposals in relation to the impact their performance against the performance standards will have on the price payable under the contract .

Total payments under any Contract will not exceed $25 million (GST inclusive) over four years. Any tender with a total price in excess of $25 million (GST inclusive) will not be considered.



APPENDIX 1 - TABLE OF OPERATIONAL REQUIREMENTS

Service deliverables

Minimum requirements to be contracted Expected LevelEnvironmental factors and possible approach to satisfy requirements

Information requirements

1. Registration Service

Keeping the Do Not Call Register

The Register Operator must keep a Do Not Call Register in electronic form.

1) In accordance with Part 3 of the DNCR Act, the Register Operator must keep, on behalf of ACMA, a register of telephone numbers for the purposes of the DNCR Act.

2) The Register is to be kept in electronic form.

3) The Register Operator must have the technical expertise, knowledge and ability to set up, manage, operate and maintain an IT system capable of the supporting the Register.

4) The Register must be robust and capable of registering the requisite amount of data.

5) The Register must be capable of supplying a high volume of registration related operational transactions (particularly in the early operation of the Register) and should include arrangements for confirming the eligibility of registrations and removals.

6) The Register must have a high level of reliability with consideration given to disaster recovery and business continuity.

7) The register must have the flexibility to be scaled-up if required to cope with increases in the number of telephone services overtime.

8) The Register must have a database that:

No specific expected levels have been outlined. These will be agreed at the contract stage.

Tenderers are encouraged to provide cost effective, easy to use and accessible solutions for meeting or exceeding the minimum requirements.

See ‘minimum requirements’

ACMA expects that there could be up to 7 million numbers on the Register in the first two years. The international experience suggests that there could be up to 1 million registrations in the first week of operation of the Register and 5 million in the first twelve months.

ACMA estimates that there are between 15 and 20 million numbers that are eligible to be placed on the Register.

Recording the account holder’s or their nominee’s identity would provide a basis for register users to ascertain an individuals eligibility to give consent.

a) Tenderers must provide information to ACMA that describes:

how the electronic Register will operate;

how the integrity of the Register will be maintained;

the potential for the Register to be efficiently scaled-up and down to meet demand; and

the capacity of the Register.

b) Tenderers must provide separate costs in meeting the possible minimum requirements and any proposed solutions over and above the minimum requirements.





has data space for up to 15 million telephone numbers;

records the registration date;

records the registration expiry date;

stores data gathered by the system to satisfy authentication requirements;

it is able to use to efficiently administer the ‘washing’ or access service to telemarketers.

provides an audit trail of registration and ‘washing’ services provided.

9) The Register Operator must keep a Register in accordance with the functional specifications as set out in the Appendix of the RFT.

10) The Register Operator must provide an electronic copy of the Register to ACMA every week.

11) The Register must be operational no later than May 2007.





Operate and administer the Register

The Register Operator must administer and operate the Register.

12) Under section 18 of the DNCR Act, ACMA may make a determination relating to the administration and the operation of the Register. In particular, ACMA can make a determination in relation to:

the form of applications for telephone numbers to be entered on the Register;

the manner in which an application can be made;

the manner in which entries are to be made on the Register;

the correction of entries on the Register;

the removal of entries from the Register; and

any other matters relating to the administration or operation of the Register

13) The Register Operator must administer and operate the Register in accordance with any determinations made by ACMA. ACMA will consult with the Register Operator, industry and the wider community in making any determinations.

14) The Register Operator’s systems and processes must be robust and capable of processing the requisite amount of registration applications.

15) The registration process must be straightforward, accessible and easy to use.

16) The operation of the Register must be able to


Tenderers should demonstrate that they will be able to scale the service to meet actual demand.

A possible minimum approach to satisfy requirements could be for the Register Operator’s registration service to allow at least three methods in which an individual could make an application for their telephone number to be entered on the Register - for example, website registration, phone (including TTY) registration and written registration.

A possible minimum sent of performance standards could be:

1) the Register Operator’s systems and processes have the capability to process:

0.5 million applications for registrations in the first week of operation;

3 million applications for registration in the first year of operation; and

5 million applications for registration in the first two years of operation.

2) the Register Operator’s registration service support phone registration between 9

c) Tenderers must provide information on the proposed systems and processes for operating and administering the Register.

d) Tenderers must provide information on:

the form of applications for telephone numbers to be entered on the Register;

the manner in which an application can be made;

the manner in which entries are to be made on the Register;

the correction of entries on the Register.

e) The Tenderer must provide information on how:

the website registration will operate

the call centre will operate.





be scaled up and down to meet changes in demand for registrations.

am and 5 pm Monday to Friday (except on public holidays) and written registration.

f) Tenderers must propose minimum and expected performance standards in relation to the operation of the Register.

g) Tenderers must provide separate costs in meeting the possible minimum requirements and any proposed solutions over and above the minimum requirements.





Registration of telephone numbers

(eligibility of numbers)

The Register must only enter eligible numbers on the Register

18) The Register Operator must comply with the requirements relating to the registration of telephone numbers to be entered on the Register set out in section 16 of the DNCR Act and any determinations made by ACMA under section 18 of the DNCR Act.

19) If an application is made for a telephone number to be entered on the Register and the applicant satisfies the Register Operator that the number is eligible to be entered on the Register and the application is made in accordance with the DNCR Act, then the Register Operator will be required to enter the number on the Register.

20) Section 14 of the DNCR Act sets out which telephone numbers may be entered on the Register. A telephone number can be entered on the Register if:

it is an Australian number (ie a number specified in the Numbering Plan);

it is used or maintained exclusively or primarily for private or domestic purposes; and

it is not used or maintained exclusively for transmitting and/or receiving faxes. The Register Operator must have systems and processes in place to minimise the opportunity for numbers being listed on the Register that are not eligible to be


Tenderers are strongly encouraged to propose innovative, cost-effective, easy to use and accessible solutions that would go well beyond the minimum requirements.

Tenderers should balance the need for maximising the integrity an utility of the registration system with the costs associated with providing an efficient registration service.

A possible minimum approach to satisfying this requirement would be for the Register Operator’s systems and processes to require each account holder or their nominee applying to list a number on the Register to attest to the Register Operator that the number:

is used or maintained exclusively or primarily for private or domestic purposes; and

is not used or maintained exclusively for transmitting and/or receiving faxes.

h) Tenderers must provide information on the proposed systems and processes to minimise the likelihood that numbers (either inadvertently or fraudulently) are listed on the Register that are not eligible to be listed on the Register. These systems and processes must be consistent with delivering an efficient registration service.

i) Regard should be had to implementation of controls to maximise the integrity of the system at the time of registration and post registration (for example, audits or other validation checks).





listed on the Register.

21) The Register Operator must have systems and processes in place to minimise the likelihood that numbers (either inadvertently or fraudulently) are listed on the Register that are not eligible to be listed on the Register. These systems and processes must be consistent with delivering an efficient registration service.





Registration of telephone numbers

(relevant account holder or nominee)

The Register Operator must only accept registration application from the relevant account holder or their nominee.

22) Section 16 of the DNCR Act limits who can apply to list a telephone number on the Register to the relevant account-holder or their nominee.

23) If an application is made for a telephone number to be entered on the Register and the applicant satisfies the Register Operator that the number is eligible to be entered on the Register then the Register Operator must enter the number on the Register. An application must be in the form and manner (if any) determined by ACMA.

24) The Register Operator must have systems and processes in place to minimise the likelihood that an applicant who is not the relevant account holder for the telephone number or his or her nominee having the number placed on the register.

Tenderers are strongly encouraged to propose innovative, cost-effective, easy to use and accessible solutions that would go well beyond the minimum requirements.

Tenderers should balance the need for maximising the integrity of the registration system with the costs associated with providing an efficient registration service.

A possible minimum approach to satisfying this requirement would be for the Register Operator’s systems and processes to:

Require persons applying to list a telephone number on the Register to attest that they are the account holder or provide written evidence to the Register Operator that the account holder has made them a nominee of the service.

In regard to telephone registrations, only accept registrations made from the service/number to be registered. This is verified by CLI in the case of machine registration and operator confirmation where CLI is not available.

Limit the number of web registrations to three numbers per application and require the provision of a return email address for web confirmation of the registration by the account

j) The Tenderer must provide information on the proposed systems and processes to minimise the likelihood that an applicant other than the relevant account holder for the telephone number or his or her nominee can register the number.

k) Regard should be had to the implementation of controls to maximise the integrity of the system at the time of registration and post registration (for example, audits or other validation checks).





holder. Complete the registration once an email confirmation has been received from the applicant by the Register Operator.

Only accept written applications for registration that have been properly authorised by the account holder or their nominee.





Performance standards in registering telephone numbers

25) The Register Operator will be required to meet minimum performance standards to be agreed in registering telephone numbers


A possible minimum set of performance standards would be:

75% of all calls are answered and transaction with the applicant is commenced within 20 seconds (Quarterly average)

80% of calls that require an operator to interact with a client should be answered and resolved within 15 minutes (Quarterly average)

80% of web registrations are able to be accepted within 5 minutes

Website available 97% of the time (Quarterly average)

95% of eligible applications processed (with numbers placed on the Register) within 2 working days and the remaining 5% processed within 5 working days.

l) Tenderers must propose minimum and expected performance standards for registering telephone numbers and the proposed financial consequences that would flow from failing to meet the relevant standards.





Duration of registration

The Register Operator must remove registrations after a period of three years or before if requested by the relevant account holder or their nominees

26) The Register Operator must comply with requirements relating to the duration of registration set out in section 17 of the DNCR Act.

27) Section 17 provides that a listing on the Register expires three years after registration or sooner if it is removed earlier than three years.


It is expected that the Register Operator would run a program daily to remove numbers that have been on the register for three years.

m) Tenderers must provide information on proposed methods to ensure registrations are removed in accordance with section 17.

The Register Operator must advise people that their listing expires after three years and that they would need to reapply to have their number(s) placed on the Register again.

28) The Register Operator must have in place systems and processes to advise individuals that their listing expires after three years and that they would need to reapply to have their numbers placed on the register again.

It is expected that any proposal above the minimum requirements would balance the need to advise customers with the need to provide an efficient registration service.

See Information requirements n) Tenderers must provide information on proposed methods to advise customers that registration expires after three years.

o) Tenderers must provide separate costs if the deliverable was to be met by:

providing information when a person is applying to list their number(s) on the Register that a listing expires three years after registration; or

making information available on the Register website that





advises that listings on the Register expire after three years; and

including information in the Register’s promotional material that advises that listing on the Register expire after three years.

Tenderers must provide separate costs if the deliverable was to be met by providing a reminder letter, email and/or telephone call shortly before the expiry of the listing on the Register.

Separate costs must also be provided for other proposed solutions





Removal of registrations

29) The Register Operator must have systems and processes in place to remove numbers that are listed on the Register if requested by the account holder or their nominee.

30) The Register Operator must have systems and processes in place to minimise the opportunity for numbers to be removed from the Register by persons other than the account holder or their nominee.

Tenderers are encouraged to provide cost effective, easy to use and accessible solutions for removing numbers from the Register.

Tenderers should balance the need for maximising the integrity of the registration system with the costs associated with providing an efficient registration service.

A possible minimum approach to satisfy requirements could be for the Register Operator’s systems and processes to:

in regard to telephone requests, only accept requests to remove a number from the Register made from the service/number to be removed (verification as for registration);

in regard to web requests require the provision of a return email address for web confirmation of the removal by the account holder. Not complete the deregistration until an email confirmation has been received from the applicant by the Register Operator

only accept written applications for removal that have been properly authorised by the account holder or their nominee.

There must be an equivalent level of authentication for removing a number as there is for placing a number on the Register.

p) Tenderers must provide information on their proposed systems and processes relating to the removal of numbers from the register.

q) Tenderers must provide information on their proposed systems and processes to minimise the likelihood for numbers to be removed from the Register by persons other than the account holder or their nominee.





Performance standards for removing telephone numbers

31) The Register Operator will be required to meet minimum performance standards in relation to removing telephone numbers.


A possible minimum approach to satisfying this requirement could be for the Register Operator to process:

95% of eligible applications for removal processed (with numbers removed from the Register) within 4 working days and the remaining 5% processed within 5 working days (Quarterly average).

r) Tenderers must propose minimum and expected performance standards for removing telephone numbers from the register and the proposed financial consequences that would flow from failing to meet the relevant standard(s).

s) The performance standards specified must include the percentage of eligible applications for removal processed (with numbers removed from the Register) by the end of a specified period (Quarterly average).





Access to check whether an account holder’s number is on Register

The Register Operator must enable persons to check whether their telephone number is on the register and when the registration is due to expire.

32) The Register Operator must have systems and processes in place to enable persons to check whether their telephone number is on the register and when the registration is due to expire.

Tenderers are encouraged to provide cost effective, easy to use and accessible solutions for enabling a person to check whether their telephone number is on the register and when his or her registration is due to expire.

A possible minimum approach to satisfy this requirement could be for the Register Operator to:

provide a service that enables telephone account holders to access a website to check whether their numbers are on the Register and the date the registrations expire.

provide a service that enables telephone account holders to call a telephone hotline to check whether their numbers are on the Register and the date the registrations expire

respond in writing to advise whether a customer’s number is on the Register, if requested by the customer to respond in writing.

t) Tenderers must provide information on proposed systems and processes to enable persons to check whether their telephone number is on the register and when the registration is due to expire.





Washing Services – telemarketer access service

Provision of the ‘washing’ service.

33) The Register Operator must provide access to the Register in accordance with section 19 of the DNCR Act and any determinations made under the DNCR Act.

34) Section 20 of the DNCR Act allows for ACMA to make a determination relating to the way in which a person wishing to access the Register may submit a list of telephone numbers for washing and the manner in which the Register Operator is to provide the information to the access seeker.

35) The Register Operator must have arrangements, systems and processes to enable telemarketers (access seekers) to provide their contact list of numbers to the Register Operator for ‘washing’, subject to the access seeker paying an applicable fee determined by ACMA (the fee to be determined on a cost-recovery basis). Having received an access seeker’s list of numbers, the Register Operator must have arrangements, systems and processes for informing the access seeker which of the numbers are (or are not) registered on the Register (for example, by returning that subset of the access seeker’s list which appears on the Register).

36) The Register Operator must have arrangements, systems and processes for the secure, efficient and effective transfer of data between the Register Operator and access

Tenderers are encouraged to provide cost effective, easy to use and accessible washing service.

It is expected that the Register Operator’s ‘washing service’ will balance the need for maximising accessibility against the providing an efficient washing service.

It is expected that the ‘washing’ service would enable an access seeker’s telephone list to be washed against certain slices of the Register (for example, to have telephone lists washed against certain number ranges) and to submit lists in electronic form.

See minimum requirements. u) Tenderers must provide information on how they would operate and administer the ‘washing’ or access service in accordance with the requirements of the DNCR Act.

v) Tenderers must provide information on the systems and processes they have for providing a secure, efficient, accurate and effective method for transmission of data between access-seekers and the Register Operator.

w) Tenderers must provide information on the way in which a person wishing to access the Register may submit a list of telephone numbers for washing, and the manner in which they will provide the information to the access seeker.





seekers (including an Internet-based transfer system), and to prevent the distribution to access seekers of telephone numbers on the Register that are not on the lists provided by access seekers to the Register Operator for ‘washing’.

37) The Register Operator must provide timely access to an access seeker to facilitate ‘washing’ of its list and to enable an access seeker to comply with its obligations under the DNCR Act (see, for example, section 11 of the DNCR Act).

IT Systems and Development

38) The Register Operator must have the technical expertise, knowledge and ability to set up, manage, operate and maintain an IT system capable of supporting the Register. Tenderers should demonstrate that they will be able to scale the service to meet actual demand.

39) The IT system must be robust and capable of processing ‘washing’ applications across the requisite amount of data. It should include a website interface capable of handling lists of numbers from telemarketers, in a secure form. It must support manual processing of requests that may come in by ordinary mail.

40) The IT system must be capable of rapidly processing a large number of ‘washing’ applications (particularly in the early operation of the system). The service must have an extremely high level of reliability with consideration given to disaster recovery and business continuity. A system must be developed so that the Register Operator can ‘wash’ the telemarketer’s list of numbers





against the numbers on the Register. In the event that a Register Operator ceases to act as such under the contract entered into as a result of the RFT process, the Register Operator must be able to (and must be obliged to) cooperate with ACMA and any relevant third parties to achieve a rapid and seamless transfer of any ‘washing’ applications that are being processed.

Performance standards for washing service

41) The Register Operator will be required to meet minimum performance standards in relation to washing telemarketer lists against the Register.


A possible minimum approach to satisfying this requirement would be for the Register Operator to process:

90% of eligible applications from telemarketers to have their contact list washed and sent/made available to the relevant access-seeker within 2 working days and the remaining 10% processed within 4 working days from the time the application is received (Quarterly average).

x) Tenderers should propose minimum and expected performance standards for washing telemarketer lists against the registered numbers and the proposed financial consequences that would flow from failing to meet the relevant standard(s).

y) The performance standards proposed should include the percentage of eligible applications from telemarketers to have their contact list washed and sent/made available to the relevant access-seeker by the end of a specified period (Quarterly average).









IT System and Development

IT System and Development.

42) The IT system must be capable of taking a high hit rate (particularly in the early operation of the system). The service will need a high level of reliability with consideration given to disaster recovery and business continuity. It will need to be robust and capable of registering the requisite amount of data.

43) The Register Operator should be able to provide a technology system incorporating the following characteristics:

provision of IT systems and network infrastructure that conforms to the Protective Security Manual (PSM) as issued by the Attorney-General's Department);

provision of IT systems and network infrastructure that conforms to the Australian Government Information and Communications Technology Security Manual (ACSI 33)

HyperText Transfer Protocol Secure (HTTPS) for provision of secure payments by telemarketers;

HTTPS for Internet data transfer between telemarketers and the Register Operator;

two factor authentication for telemarketers to use the access services provided by the Register Operator;

utilisation of service oriented architecture models; and

utilisation of Extensible Markup Language (XML) data transfer processes.

See Appendix “High Level Functional Specifications”

See Appendix “High Level Functional Specifications”.

z) Tenderers are required to prepare an IT Systems Development and Maintenance Plan that includes:

an overall IT Systems and development strategy;

life cycle maintenance requirement for equipment critical for service delivery;

disaster recovery and business continuity;

data protection; and

a strategy for ensuring that maintenance is conducted by suitable qualified personnel.





Complaints and Enquiries Handling

1) A key requirement of the Register Operator will be to handle enquiries and complaints about the operation of the Register.

44) The Register Operator must have systems and processes in place to handle enquiries and complaints about the operation of the Register and refer any complaints it receives about breaches of the Do Not Call Register Legislation to ACMA for action.

45) The Register Operator must have systems and processes in place to refer enquiries and complaints about alleged breaches of the Do Not Call Register Act 2006, the Do Not Call Register (Consequential Amendments) Act 2006, and other alleged legislative breaches (under the regulation of ACMA) to ACMA. Referrals will need to include appropriate metadata.

46) The Register Operator must have complaint handling processes that cover:

registration of numbers;

website registration enquiries (searches);

‘washing’ of numbers;

receipt of unsolicited telemarketing calls; and

any other general complaints.

47) The Register Operator must have the technical expertise, knowledge and ability to set up, manage, operate and maintain an IT system capable of supporting the complaints and enquiries processes.

48) The Register Operator must: have complaint handling processes that comply with Australian Standard AS 4269-1995 Complaints Handling published on 5 February

The Register Operator will have a complaint handling system that encouraged the use of web-based complaints as a means of minimising costs in complaints handling.

The web-based system would supplement a telephone complaints line.

See ‘Minimum requirements’ aa) Tenderers must provide information on proposed systems and processes to handle enquiries and complaints about the operation of the Register.

bb) Tenderers must provide information on proposed systems and processes to refer any complaints it receives about breaches of the Do Not Call Register Legislation to ACMA for action.

cc) Tenderers should demonstrate that they will be able to scale the service to meet actual demand. This information can be provided in the IT Systems and Development Plan.





1995 as amended from time to time.





Complaints handling performance standards

49) The Register Operator will be required to meet minimum performance standards in relation to washing telemarketer lists against the Register.

50) The Register Operator would have systems in place such that electronic data regarding complaints is kept in a secure, efficient and cost effective manner with a high level of reliability and consideration given to disaster recovery and business continuity.


A possible minimum approach to satisfy this requirement could be for the Register Operator to respond to 90% of complaints about the operation of the Register within 5 working days.

dd) Tenderers must propose minimum and expected performance standards for handling complaints including the referral of complaints to ACMA and the proposed financial consequences that would flow from failing to meet the relevant standard(s).

ee) The performance standards proposed must include the time taken to respond to complaints.

ff) Tenderers must provide (separately) the costs involved in meeting the possible minimum performance standards and in meeting any performance standards in excess of the minimum standards.





Promotion and Awareness Raising Service

(1) A key tender requirement will be to promote and raise awareness of the Register starting before March 2007.

(2) Total payment for the Promotion and Awareness-raising service will not exceed $1 million over four years.

51) The Register Operator must undertake activities to promote and raise awareness of the Do Not Call Register, which should aim to inform all persons that are obliged to use the Register and all individuals that could benefit from the Register of the existence of the Register and its use.

52) The Register Operator must develop and implement communications strategies for consumers and for industry.

53) The Register Operator must comply with the Australian Government branding requirements as issued from time to time.

54) The Register Operator must establish and maintain a dedicated Register website to promote the Register and provide information on its operation.

55) Implementation of the industry campaign must begin as soon as possible following contract award and in sufficient time to provide for at least 2 months of education before registrations commence.

56) ACMA will be conducting its own promotion and awareness-raising services. The services provided by the Register Operator will be complementary to ACMA’s services.

The Register Operator should have promotion and awareness-raising strategies for the Register, which would typically involve a combination of some or all of the following: advertising; appropriate branding; preparation and dissemination of information and material; website development; event launches, media releases; placement of editorials; and development of Q&As.

It is expected that the Register Operator would work closely with ACMA in developing and implementing both the consumer and industry communications strategies.

An effective communications campaign is seen as critical to the successful implementation of the Do Not Call scheme.

A possible minimum approach to satisfy requirements could be for the Register Operator to:

implement a communications strategy to allow industry to prepare for the Register; and

implement a communications strategy to inform the broader community of the introduction of the Register.

gg) Tenderers are required to develop a coherent promotion and publicity strategy for the Register, which must aim to advise all persons that are obliged to use the Register and all individuals that could benefit from the Register are aware of the Register and its use.

hh) Tenderers must provide an indicative budget allocation for the promotion and awareness raising service for each year of the contract.

ii) Tenderers must provide separate budget allocations for the campaign to inform consumers about the existence of the Register and the campaign to inform businesses engaged in telemarketing.


APPENDIX 2 - FUNCTIONAL SPECIFICATIONSThe following information is provided on the High Level Functional Specifications and Non Functional Specifications of the Do Not Call Register.

High Level Functional Specifications

Operation of Do Not Call Register - registration

The Register Operator should use technology that can provide application functionality to provide the following user interaction:

Allow registration from any eligible person by any channel for the purpose of being excluded from unsolicited telemarketers calls;

Confirm source of request through return channels which afford the maximum identity surety;

Construct the client interfaces such that mostly automated activity can occur with a minimum of manual intervention;

Provide a web based portal and automated voice systems to allow the public to manage their exclusion status; and

Provide a range of reporting options.

Operation of Do Not Call Register – washing telemarketer databases

The Register Operator should use technology that can provide application functionality to provide the following interaction options to the telemarketing industry:

Accept assured registrations from industry using two factor authentication;

Provide a technology topology that conforms to the Protective Security Manual (PSM) and Defence Signals Directorate (DSD) Australian Government Information and Communications Technology Security Manual (ACSI 33) http://www.dsd.gov.au/library/infosec/acsi33.html;

Propose a secure payment method to enable an authorised request, payment and shipping service of the Register data (note to Tenderers: the fees to be paid by telemarketers are payable to ACMA – refer to s.21(6) of the DNCR Act);

Provide a secure data washing service where industry can either send in their data for cleansing of disallowed numbers or have the exclusion list for their data set electronically forwarded for merging at their site. There is currently a technical preference to ship the exclusion list to avoid technical and contractual complexities of data quality for the service provider having to operate the database;

Provide the ability to efficiently wash sets of numbers from subsets of the Numbering Plan (under the Telecommunications Act 1997) and geographically scoped data slices, including, for example, by postcode, city/town, state and national data sets; and


http://www.dsd.gov.au/library/infosec/acsi33.html

Exclusion lists must not return any numbers that are outside the scope of data submitted and, when returned to the telemarketer, must not include any personal information other than the relevant numbers.

High Level Non Functional Specifications

Computing Environment

The computing environment used by the Register Operator should utilise an industry standard development life cycle with at least three stages (development, test and production). The Register Operator should evidence an internal capability of industry software development standards such as Capability Maturity Model Index (CMMI), Information Systems Development Methodology (ISDM), Software Development Life Cycle (SDLC), or equivalent methodologies.

Before release to production, the computing environment (if any) must be submitted to Systems Assurance Testing (SAT) by ACMA or independent evaluation. Production data would not be used in the development phase but ACMA, may at its discretion, allow this during SAT.

The pre-production system developed by the Register Operator must be submitted for penetration testing to validate that the potential for exploits and unauthorised access in the solution is reduced to an acceptable level of risk defined by the known exploitation and vulnerabilities as published by Computer Emergency Response Team (CERT). (Note to Tenderers: ACMA wishes to reduce the residual risk to as low as economically viable given this is private but not national classified data.)

The computing environment used by the Register Operator should have an operational system that can provide for a dramatic initial spike in activity with a gradual reduction in public interaction. (Note to Tenderers: It is anticipated that industry activity will plateau early and be maintained at similar levels due to the ongoing interaction of delivering -data. However the differential between public registration initial spike and ongoing operations is expected to be dramatic and, based on UK and USA experience, may fall to less than 20 per cent of the initial load. However the beginning of the complaint logging activity may somewhat offset this reduction.)

The Register Operator’s computing environment must make provision for the initial peak load but will reduce computing power to match lessening public demand. (Note to Tenderers: ACMA anticipates a reduction in operational costs after the initial demand period. It is noted that the load requirements of the system will be cyclical as a consequence of number registration expiry and renewal.)

Operational System - Resilience


The operational system must be available to uptimes between 97 per cent up to 99.5 per cent (depending on the commercial model in use).

The operational system must be load balanced, redundant, fault tolerant and with a preference for multi-site hosting and abstraction of both discreet and shared platforms. Applications must implement Service Oriented Architecture (SOA) models to achieve this decoupling.

The hosting site must be technically robust, and the Register Operator must evidence sufficient distribution and survivability in the solution design. This must include (but is not limited to): physical housing; dual homed transmission; storage and urgent retrieval of data; applications that are designed for seamless failover and satisfactory performance when operating in a degraded mode. Copies of the database must be provided to ACMA as agreed (for example on a weekly basis). (Note to Tenderers: For this reason, a dual site model is not mandatory.)

The Register Operator must arrange for the code base of any operational system to be held in escrow by [an authorised deposit-taking institution within the meaning of the Banking Act 1959].

Detailed Security Architectures and Operational Requirements

The Register Operator should perform a business focused risk assessment on the entire end-to-end system upon entering into the contract for this RFT.

The Register Operator should design the application within a framework to enable scalable and potentially stronger security requirements. Further, these increased requirements should not cause a non-trivial rewrite of the code base. (Note to Tenderers: ACMA anticipates some level of malicious use of the service but the extent of this is and the concomitant public reaction is unknown.) This aspect of the design should have the strongest scalability in the initial application architectures to enable a quick and effective response to any potential public dissatisfaction. The Register Operator should operate hardware platforms that can be easily scaled out. The Register Operator should use application architectures that are designed to be extensible.

The Register Operator must be able to document the entire functional design of the application including the detailed hardware and software technical design, security policies and operational procedures. These must be updated twice a year and presented to ACMA for review.

The Register Operator should ensure two factor authentication where Register data is being shipped outside the System of Record Zone (i.e. over publicly accessible networks).

The Register Operator should ensure authorised data transfers reach the authorised and intended recipient and are secure whilst transiting the public networks. Non-repudiation of these transactions must be possible but only under a forensically rebuilt mode, not real time.


The Register Operator should operate an incident response capability to deal with real time attempts at unauthorised data access or a denial of service against valid user access.

The Register Operator should ensure a backup copy of the System of Record that is housed “off-site” with a suitably qualified and secure organisation. It is preferable that this is not housed on any of the Register Operator’s premises. The frequency of off-site storage must initially be daily until the peak loads fall away. Statistics to trigger this change must be presented to ACMA for its approval to reduce this frequency.


SCHEDULE 2: DRAFT CONTRACT

See separate file


SCHEDULE 3: STATEMENT OF COMPLIANCE

STATEMENT OF COMPLIANCETo be read in conjunction with clause 3.13 of the RFT. A response including any requested information, must be provided against each of the relevant clauses or schedules in the Statement of Requirements and Draft Contract listed below. If appropriate, compliance may be indicated against groups of clauses, e.g. clauses 2.1 to 2.5 inclusive – ‘complies’. In relation to any non-compliance or partial compliance, Tenderers should state ‘does not comply’ in the ‘Compliance Statement’ column and, where appropriate, a cross-reference to the relevant part of their Tender in the ‘Cross-Reference’ column and a brief description of the reason or basis for the non- or partial compliance in the ‘Remarks’ column. In the case of any non- or partial compliance with the Draft Contract, Tenderers should also include the exact wording of any proposed amendment in the ‘Remarks’ column.A summary list of clauses in respect of which there is non-compliance should also be provided.

Clause/Schedule

Compliance Statement

Cross Reference

Remarks


SCHEDULE 4: RESPONSE COVER SHEETRESPONSE COVER SHEET

REQUEST FOR TENDER FOR THE PROVISION OFSERVICES FOR THE DO NOT CALL REGISTER

FOR THEAUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

RFT No. 06/ACMA ...

TENDER CLOSING TIME: 2:00 PM ........................NAME OF TENDERING ENTITY:………………………………………………………………………………………………….ACN, ABN or ARBN NUMBERS: …………………………………………………………NAME OF CONTACT PERSON:………………………………………………………………………………………………….ADDRESS: …………………………..…………………………………………………………………………………………………...……………………………………………………..TELEPHONE: …………………………….………………………………………………….FACSIMILE: …………………………………………………………………………………..MOBILE: ……………………………………………………………………………………..EMAIL ADDRESS: …………………………………………………………………………..


SCHEDULE 5: PROFILE OF TENDERERPROFILE OF TENDERER

The Tenderer must provide the following information:1. Tenderer’s full name (the legal entity who it is proposed will be the ‘Contractor’):

…………………………………………………………………………………………….

2. Any trading or business name:…………………………………………………………………………………………….

3. The principal place of business:………………………………………………………………………………………..

If a company:

the registered office:

………………………………………………………………………………………..

the date and place of incorporation:

…………………………………………………………………………………………

4. The ABN:…………………………………………………………………………………………..

and if an Australian company, the ACN:

............................................................................................................................5. If a company, Individual shareholders holding 20 percent or more of any issued

share capital:……………………………………………………………………………………….

……………………………………………………………………………………….

6. If a company, any related bodies corporate within the meaning of the Corporations Act 2001:

……………………………………………………………………………………

……………………………………………………………………………………..

………………………………………………………………………………………

7. For a foreign firm or company, details of the place of business in Australia and the name of any Australian representative:

…………………………………………………………………………………………..

………………………………………………………………………………………….

……………………………………………………………………………………………

8. Particulars of any petition, claim, action, judgment or decision which is likely to adversely affect your capacity to provide the requirements (goods and/or services):

…………………………………………………………………………………………

…………………………………………………………………………………………..


9. The Tenderer must state the postal address, telephone number, fax number and email address of its office in Canberra (if applicable):

………………………………………………………………………………………..

………………………………………………………………………………………..

……………………………………………………………………………………….

10. Provide the address of the Tenderer’s offices in other States and Territories:

Location Address

NSWVICSAQLDNTWATAS


Financial InformationProvide copies of Annual Balance Sheets and Profit and Loss Statements with the appropriate accompanying notes for the previous 3 financial years. Where the Tenderer is part of a group of companies, provide those documents or the equivalent information relating to the Tenderer as a single entity. This information must be provided whether the organisation is a registered company (including non reporting entities), partnership or sole trader. For the avoidance of doubt where the Tenderer is a subsidiary, the Tenderer is to provide full details of the legal and financial relationship between the tendering party and the parent entity.

Provide 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 any of the obligations under the Draft Contract, including any significant events, matters or circumstances which have arisen since the end of the last financial year.


SCHEDULE 6: TENDERER’S DECLARATION

A.1 Offer

A.1.1 The Tenderer undertakes to participate in the RFT process in accordance with the RFT and on the basis of the Tender. In particular, the Tenderer warrants that it has complied with the requirements of clause 3.15 (Ethical Dealing). Other than as identified below, the Tenderer warrants that no Conflict of Interest exists at the time the Tender is submitted:

[list any Conflicts of Interest, as defined in clause 3.16.1].

A.1.2 The Tender constitutes a complete offer (the Offer) relating to all matters required for the completion of a contract, and accordingly is capable of immediate acceptance by the Commonwealth so as to form a binding contract.

A.1.3 Where the Tender includes alternative proposals each feasible combination of alternatives shall be deemed a separate, valid Offer, and the succeeding provisions of this declaration apply accordingly.

A.1.4 The Offer shall remain open for acceptance by the Commonwealth for the Offer Period.

A.1.5 In the event of acceptance of the Offer, the Commonwealth may require the Tenderer to execute a contract without entering into further negotiation.

A.1.6 To the extent that the Tender does not constitute complete information relating to matters required for the completion of the Draft Contract, the Commonwealth may complete the contract at its reasonable discretion for the purposes of a contract, and the Tenderer shall execute the contract.

A.1.7 In this Declaration, terms not otherwise defined shall have the meaning ascribed to them in the RFT.


EXECUTED AS A DEED POLL for the benefit of the Commonwealth

Dated this însert day^ of însert month^ 200însert year^

SIGNED SEALED AND DELIVERED by însert name of Tenderer^ by its duly authorised representative:

Însert name of signatory^

Însert position of signatory^

)))

Signature

In the presence of:

Însert name of witness^

)))

Signature


3.1

Documents

tender evaluation

tender documents

tender page

tender response

conditions of tender

tender details

evaluation of tenders

identification of tenders