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Partnership Call: National Food Waste Governance Entity Department of Agriculture, Water and the Environment 1 Partnering for a Sustainable Environment Partnership Call: National Food Waste Governance Entity Closing Date: 7 September 2020
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Partnering for a Sustainable Environment · partnership as outlined in section 2 of this Partnership Call. 3. The Partnering Proposal does not present any ethical issues for the Department

Aug 12, 2020

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Page 1: Partnering for a Sustainable Environment · partnership as outlined in section 2 of this Partnership Call. 3. The Partnering Proposal does not present any ethical issues for the Department

Partnership Call: National Food Waste Governance Entity

Department of Agriculture, Water and the Environment

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Partnering for a Sustainable Environment Partnership Call: National Food Waste Governance Entity Closing Date: 7 September 2020

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© Commonwealth of Australia 2020

Ownership of intellectual property rights

Unless otherwise noted, copyright (and any other intellectual property rights) in this publication is owned by the Commonwealth of Australia (referred to as the Commonwealth).

Creative Commons licence

All material in this publication is licensed under a Creative Commons Attribution 4.0 International Licence except content supplied by third parties, logos and the Commonwealth Coat of Arms.

Inquiries about the licence and any use of this document should be emailed to [email protected].

Cataloguing data

This publication (and any material sourced from it) should be attributed as: August 2020, Partnership Call: National Food Waste Governance Entity, Department of Agriculture, Water and the Environment, Canberra,. CC BY 4.0.

This publication is available at www.environment.gov.au/partnerships.

Department of Agriculture, Water and the Environment GPO Box 858 Canberra ACT 2601 Telephone 1800 900 090 Web awe.gov.au

The Australian Government acting through the Department of Agriculture, Water and the Environment has exercised due care and skill in preparing and compiling the information and data in this publication. Notwithstanding, the Department of Agriculture, Water and the Environment, its employees and advisers disclaim all liability, including liability for negligence and for any loss, damage, injury, expense or cost incurred by any person as a result of accessing, using or relying on any of the information or data in this publication to the maximum extent permitted by law.

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Contents Introduction ....................................................................................................................................................... 4

1 Department of Agriculture, Water and The Environment ........................................................ 5

2 National Food Waste Governance Entity - Partnership ............................................................. 6

Objective ................................................................................................................................................................ ....... 6

Scope .............................................................................................................................................................................. 6

Grant .............................................................................................................................................................................. 7

Self-funding model ................................................................................................................................................... 8

3 Partnership ................................................................................................................................................ 9

4 Other Parties .......................................................................................................................................... 10

5 Principles for Indigenous Engagement ........................................................................................ 11

6 Submitting a Partnering Proposal .................................................................................................. 12

7 Eligibility Criteria ................................................................................................................................. 14

8 Probity ...................................................................................................................................................... 15

9 Due Diligence Checks .......................................................................................................................... 16

10 The Assessment Process and Criteria ........................................................................................... 17

Stage 1: Initial Screening .................................................................................................................................... 17

Stage 2: Detailed Assessment ........................................................................................................................... 18

Stage 3: Partnering Design Discussions ....................................................................................................... 21

11 Commerical-In-Confidence Information ...................................................................................... 22

12 Department Rights and Responsibilities ..................................................................................... 23

13 No Liability .............................................................................................................................................. 24

14 Complaints .............................................................................................................................................. 25

Glossary ............................................................................................................................................................ 26

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Introduction The Commonwealth, as represented by the Australian Government Department of Agriculture, Water and the Environment (the “Department”) invites suitably experienced and skilled entities to submit a Partnering Proposal to establish an independent, long-term governance entity to play a key role in delivering the National Food Waste Strategy to halve food waste by 2030. The resulting partnership will be an ongoing collaborative relationship between the Department and either a single partnering organisation or a consortium represented by a lead partner.

The Minister for the Environment will make the final decision on the successful partner to this Partnership Call. The successful partner will, subject to meeting subsequent grant requirements, be offered a one-off grant for seed funding to establish the governance entity. The grant process will be managed as outlined in section 2 below, in parallel with Stage 3 of the assessment process for this partnership call (partnering design discussions, section 10).

Key terms used in this document are defined in the Glossary of Terms.

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1 Department of Agriculture, Water and The Environment

The Department works to protect and strengthen our agriculture, water resources, the environment and our heritage, for today and into the future. The Department is responsible for a number of actions to reduce the waste we generate and harness the value of materials we dispose of by returning them to productive uses. This includes for food waste.

Each year, Australia produces around 7.3 million tonnes of food waste across the supply and consumption chain, costing the economy around $20-25 billion. This food waste contributes greenhouse gas emissions equating to approximately 5 per cent or more of our national yearly emissions and uses around 1,460 gigalitres of water. By reducing food waste, we can improve business bottom lines, put money back into household budgets and make better use of our natural resources.

The Department’s role in reducing food waste is to provide national guidance, targets and plans, and to support and encourage consistent state, territory and local government programs and policies.

The Department also leads the delivery of the 2017 National Food Waste Strategy which provides a framework for collective action to halve food waste by 2030. This goal aligns Australia with the UN’s Sustainable Development Goal 12 – to ensure sustainable consumption and production patterns – while helping to give effect to Australia’s obligations under the United Nations Framework Convention on Climate Change, by diverting food waste from landfill to reduce greenhouse gas emissions.

Food waste reduction initiatives are also identified in the 2018 National Waste Policy and the 2019 National Waste Policy Action Plan (see Appendix A). One of these key actions is to establish a voluntary commitment program, bringing together industry, businesses, government and research institutions to tackle food waste problems and find solutions.

Halving food waste by 2030 is a significant challenge that can only be achieved by working in collaboration with food supply chains, all tiers of government, consumer groups, and non-government organisations. We seek to establish a long term partnership with a lead entity to drive this collaboration and play a key role in achieving the target to halve food waste by 2030.

More information about the Department's role in food waste avoidance and recovery is available at: www.environment.gov.au/protection/waste-resource-recovery/food-waste.

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2 National Food Waste Governance Entity - Partnership

Objective The objective of this partnership is to deliver the National Food Waste Strategy to halve food waste by 2030. The Department will work with the successful partner to guide the establishment of a long-term governance entity that will drive collaboration among relevant organisations and implement innovative solutions to achieve the 2030 food waste goal. The entity will be considered by all stakeholders as a credible and reliable organisation that demonstrates leadership and proficiency in food waste issues and solutions.

As a priority, the governance entity will deliver Target 2.1 of the 2019 National Waste Policy Action Plan to establish a “voluntary commitment program for businesses across the supply and consumption chain to engage in food waste reduction activities and to encourage industry-led action”. The governance entity will also be responsible for a range of other food waste reduction activities including developing sector action plans, stimulating active stakeholder engagement and key data reporting.

The Department will work with the successful partner to provide guidance on national policy objectives and assistance in building stakeholder connections. The Department will also convene regular partnership meetings to support the scoping and building; managing and maintaining; and sustaining objectives of the governance entity.

The Australian Government has committed funding of up to $4.0 million over four years from 2020-21 to 2023-24, concluding 30 June 2024, to establish the governance entity. The successful partner will be invited to apply for a one-off grant for seed funding to establish the governance entity. If successful in the grant funding application, during the four-year funded period, the successful partner is expected to build its revenue through industry membership fees and partnership contributions from other organisations to ensure the governance entity continues under a self-funded model by the end of the initial four year period.

Scope The governance entity will be responsible for delivering the following:

• Implementing a voluntary commitment program

An industry voluntary commitment program in Australia will play a key role in delivering the national target to halve food waste by 2030. The voluntary commitment program will seek industry commitments from across the food value chain to tackle food waste, focusing on prevention, reuse and food chain innovation. The voluntary commitment program will be required to provide a strong value proposition to signatory members, to ensure that membership fees help sustain the governance entity beyond the life of the grant.

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• Developing new, and implementing existing, sector action plans

Sector specific action plans provide an opportunity to target sector-specific interventions to reduce food loss and waste, while realising multiple benefits for supply chain partners and collaborators. Co-designing additional sector action plans will further identify opportunities and target interventions that maximise food recovery, reduce food waste and create multiple benefits.

• Partnering with existing food waste initiatives

Collaboration with existing organisations and governments will be critical to bring together and capitalise on existing expertise and initiatives delivered by industry, government and non-government food waste reduction programs. Partnering with other organisations and initiatives will also be important for leveraging funding and other resourcing to support the objects of the governance entity and its ongoing viability. This will include opportunites to support food waste behaviour change programs and research to find new solutions to achieve the food waste reduction target.

• Stimulating active stakeholder engagement

Australia’s food waste can only be reduced by influencing the actions of industry and communities. Ongoing engagement with stakeholders across the food value chain including government, industry, consumers and the agriculture sector, will be crucial to the governance entity achieving tangible results.

• Establishing a communication “home” for food waste activities

Connecting those involved in the food system, including government, by administering a collaborative network where stakeholders can share best practice initiatives, data and knowledge to encourage innovation and continuous improvement in food waste prevention, reduction and engagement.

• Evaluation, monitoring and reporting

Work with stakeholders to implement a common evaluation and reporting framework, in order to provide updates to government and monitor progress towards the 2030 food waste reduction target.

In its delivery, the governance entity will provide strategic direction, ensure objectives are achieved, manage risks and use resources responsibly and with accountability, while demonstrating leadership around the theme of food waste.

Activities supported by Commonwealth funding must be completed by 30 June 2024 (noting the broader partnership will continue beyond 2024).

Grant The Australian Government will, subject to grant requirements being met, provide a one-off grant to the successful partner for seed funding to establish the governance entity of up to $4.0 million over four years to 30 June 2024.

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The Department of Social Services will administer the grant on behalf of the Department according to the Commonwealth Grants Rules and Guidelines (CGRGs). The grant will be administered through a one-off, non-competitive process subject to the successful assessment of a grant application form submitted by the successful partner.

Eligible expenditure of government funding will be agreed with the Commonwealth through a grant agreement between the successful partner and the Department of Social Services.

Self-funding model At the end of the grant period, the successful partner is expected to continue operating the governance entity under a self-funded model as it continues to deliver the National Food Waste Strategy to 2030.

The governance entity will need to demonstrate that they will continue to work with stakeholders past 30 June 2024 to achieve the common goal of reducing food waste, while maintaining their governance role in delivering the National Food Waste Strategy.

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3 Partnership The Department takes an active role in facilitating multi-stakeholder partnerships to sustain Australia’s unique environment. We aim to bring together the unique strengths and resources of diverse partners to have more impact and achieve more sustainable outcomes for the environment, than each partner could by acting alone.

In addition to the formal grant agreement to establish the governance entity, the Department will also establish a partnering agreement (to 30 June 2024) with the successful partner. The partnering agreement will recognise that, in addition to funding provided through the grant agreement, the Department will work with the successful partner to guide the establishment of the governance entity and deliver on the shared objective to halve Australia’s food waste by 2030. Through this partnership we are aiming to co-create better and more integrated solutions to improve food waste reduction strategies in Australia. The partnering agreement will outline the scope and process for this collaboration. More information on the Department's approach to partnering is available at: http://www.environment.gov.au/partnerships.

Developing the partnering agreement (Stage 3 of the assessment process; see section 10) will be timed to coincide with grant agreement negotiations. Should the successful partner fail to meet the grant requirements, the Department will end negotiations with the successful partner, and may progress negotiations with the next most competitive Potential Partner.

The Department will convene regular partnership meetings to support the scoping and building; managing and maintaining; and sustaining objectives of the governance entity.

The focus of the partnership, including Potential Partner and Department roles, responsibilities and accountabilities, may evolve and change over time to reflect developments and priority areas in food waste reduction. Variations will be negotiated and agreed by both parties. The Department’s intent is to review and extend the partnering agreement beyond the life of the grant, pending the willingness of both parties.

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4 Other Parties The successful partner will be expected to work collaboratively with a broad range of stakeholders to achieve the objectives of the governance entity. Governments, industry bodies and businesses across the food supply chain, not-for-profit organisations and the broader community all have a role to play in reducing, and effectively managing, the food waste we create.

Further, there is an expectation that the successful partner will work with other organisations and initiatives to leverage funding (and other non-financial assets), expertise and communication channels to fulfil the objectives of the governance entity.

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5 Principles for Indigenous Engagement

Management of land and sea and the knowledge, experiences, perspectives and cultures of Aboriginal and Torres Strait Islander peoples are integral to improving environmental outcomes.

Potential Partners are encouraged to consider opportunities to engage Indigenous organisations as partners and/or to consider opportunities to deliver broader benefits for Indigenous Australians and communities as part of their Partnering Proposal.

Whenever a Partnering Proposal is seeking to involve Indigenous organisations as a partner and/or create an opportunity to deliver broader benefits for Indigenous communities, the following principles for engagement should be adhered to:

• Potential Partners should ensure they are familiar with laws, administrative arrangements and other developments relevant to Indigenous traditional knowledge and cultural expressions as well as intellectual property rights. Where necessary seek appropriate expert advice on intellectual property issues.

• All Partnering Proposals should recognise and acknowledge continuing Indigenous ownership of the traditional knowledge, traditional cultural expressions and intellectual property rights in the materials used in the Partnering Proposal, and protect the privacy, integrity and wellbeing of Indigenous partners.

• Potential Partners should gain Free, Prior and Informed Consent before seeking to include Indigenous persons, organisations or communities in their Partnering Proposal.

• Potential Partners should gain Free, Prior and Informed Consent before seeking to utilise any property (including intellectual property and traditional knowledge) of Indigenous persons, organisations or communities in their Partnering Proposal.

The Department has developed a Partnering with Indigenous organisations for a sustainable environment document as a resource for people from non-Indigenous organisations looking to build effective and respectful partnerships with Aboriginal and Torres Strait Islander organisations and communities. More information about the document is available online at: http://www.environment.gov.au/about-us/partnerships/working-partnership-indigenous-australians

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6 Submitting a Partnering Proposal Potential Partners are invited to submit a Partnering Proposal using the Partnering Proposal Form: National Food Waste Governance Entity for consideration by the Department by the Closing Time and Closing Date.

This is an open competitive, merit-based process to identify a successful partner for the governance entity to proceed to negotiations. The Partnering Proposal Form requests key information necessary to help the Department assess Partnering Proposals.

To be considered, Potential Partners should submit their Partnering Proposal in the requested format and must email to [email protected] by the Closing Date and Time in the table below. Additional attachments may be included.

The Proposal Form response file name/s should:

a) incorporate the Potential Partner/respondent’s full legal name (or the full legal name of the lead partner where the Potential Partner is a consortium); and

b) reflect the various parts of the Proposal Form response they represent (where the response comprises multiple files).

Enquiries on this Partnership Call can be directed to the Department’s Partnerships Team on the details below. Questions will not be considered after the Question Closing Date and Time.

• Email: [email protected] • Telephone: 02 6274 2076

Event Details

Opening Date: 7 August 2020

Closing Date: 7 September 2020

Closing Time: 5pm AEST

Question Closing Date and Time: Questions will be permitted up until 21 August 2020

Please be aware that the Department's Partnerships Team, or any other Department personnel that you may communicate with in relation to your Partnering Proposal (either before or after it is submitted to the Department) is not providing you with advice on whether your Partnering Proposal will be successful.

Potential Partners will be advised of the decision in relation to Assessment Stage 2 (unsuccessful or proceeding to Stage 3) in writing. Unsuccessful Potential Partners may request a verbal debriefing.

In submitting a Partnering Proposal to the Department, you acknowledge and agree that any information provided to you by the Department in relation to your Partnering Proposal, regardless of when that information is provided or involvement occurs, is provided strictly for your information only and does not guarantee the success of your Partnering Proposal. The Department excludes any and all liability to the Potential Partner for any information provided

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by the Department (by the Partnerships Team or any other Department personnel) to the Potential Partner for the purposes of completing the Partnering Proposal.

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7 Eligibility Criteria To be eligible to partner with the Department, Potential Partner/s must have an Australian Business Number (ABN) and be:

• an incorporated not for profit organisation

• registered for the Goods and Services Tax (GST)

• located in Australia, and

• an entity, incorporated in Australia.

Where a Partnering Proposal is submitted on behalf of a consortium:

• Each member of the consortium must be a legal entity

• Each member of the consortium must submit a letter of support for the Partnering Proposal with the Partnering Proposal Form, and

• Attach any relevant agreement which exists between consortium members, details their respective roles and responsibilities in the consortium.

A Partnering Proposal submitted on behalf of a consortium should specify a lead partner who will act as the main contact with the Department for the assessment process and be the entity that enters into any agreement with the Department if the Partnering Proposal is successful.

Relevant personnel working with the Potential Partner must have the following qualifications and skills:

• demonstrated understanding and knowledge of food waste issues

• experience in research and program management relating to food waste issues

• relevant technical skill set relating to food waste, and

• experience and capacity to interact and network across a wide range of stakeholders in the food value chain.

To be eligible to partner with the Department, the Potential Partner must also meet the requirements of the grant process, including submission of a grant application form that is successfully assessed by the Department of Agriculture, Water and the Environment (see section 2). The grant process will be managed in parallel with Stage 3 assessment: partnering design discussions of this partnership call.

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8 Probity The Department, in all dealings, endeavours to be fair and open, and demonstrate the highest levels of integrity consistent with the public interest.

Probity principles are an important aspect of conducting open, fair, accountable and consistent processes relating to all Department activities including all partnering arrangements. The probity principles will be applied through the assessment process and aim to assure all parties of the integrity of the decision making process. The probity principles include:

a) honesty and impartiality

b) identification and management of conflicts of interest

c) appropriate security and confidentiality arrangements

d) consistency, fairness and due diligence

e) transparency

f) use of open and competitive processes, as required, and

g) compliance with legal and policy framework.

In considering the Department’s involvement in any partnership arrangement, the Department will act in a fair and unbiased way and in a manner consistent with the legislative and regulatory requirements articulated in the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA Act) and Public Governance, Performance and Accountability Rule 2014 (Cth) (PGPA Rule); the Commonwealth Grants Rules and Guidelines (CGRGs) and the Commonwealth Procurement Rules (CPRs), to the extent they apply.

Potential Partners must comply with all relevant laws and Australian Government policy in preparing and submitting a Partnering Proposal and participating in this Partnership Call including the Partnering Proposal process.

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9 Due Diligence Checks The Department may conduct security, probity, and financial investigations and other due diligence checks on all Potential Partners their employees, officers, partners, associates, subcontractors or related entities and their officers, employees and subcontractors.

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10 The Assessment Process and Criteria This section outlines the three stage assessment process and Assessment Criteria that the Department will follow in considering Partnering Proposals.

Stage 1: Initial Screening The Department will undertake an initial screening of the Partnering Proposal against the below threshold criteria. The Partnering Proposal will not proceed further in the assessment process if in the sole and absolute opinion of the Department, the Partnering Proposal does not meet all of the threshold criteria.

Threshold criteria:

A: Threshold requirements:

1. Potential Partners meet the Eligibility Criteria as detailed in section 7 of this Partnership Call.

2. The Partnering Proposal clearly aligns with the scope of the governance entity partnership as outlined in section 2 of this Partnership Call.

3. The Partnering Proposal does not present any ethical issues for the Department that would prevent involvement, or any conflict of interest that could not be reasonably managed.

4. The Partnering Proposal is complete and is able to be assessed.

B. Initial value threshold requirements:

[Note to Potential Partners: This initial value threshold requirement will be assessed as a preliminary initial view determined at the sole and absolute discretion of the Department.]

5. Potential Partners have the capabilities to deliver the Partnering Proposal. Consideration will be given to the Potential Partner's skills, experience and resources (including specialist technical support) as outlined in section 7 and the ability of their consortium members (if any) to work together effectively and collaboratively with the Department and others.

6. Proposed projects have a national reach and support food waste reduction activities.

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Stage 2: Detailed Assessment The Partnering Proposal will be assessed by the Department against the following Assessment Criteria, weighted by percentage of the total score, as indicated below:

Assessment Criteria 1-4

1. Proper use and management of public resources and value for money (35%) a) Effective: The extent to which the Partnering Proposal will achieve the objectives of the governance entity to deliver the National Food Waste Strategy to halve food waste by 2030. In preparing your response to this criterion, please describe the projects proposed to achieve the objectives and scope of the governance entity (section 2), and how the projects will actively contribute to the goal of halving food waste by 2030. This should include proposed measurement, reporting and evaluation methods to measure progress of the state objectives. b) Efficient: The extent to which the Partnering Proposal will achieve maximum value for resources used, including whether the budget items are reasonable and relevant to achieve the objectives and the value add of partner contributions. The Department will consider the cost efficiency of the Partnering Proposal benchmarked against market prices for comparable activities, value add of partner contributions, the appropriateness and efficiency of the proposed activities, inefficiencies and wasteful expenditure, and appropriate apportionment and mitigation of risk. In assessing this criterion, the Department will also consider any risks outlined within the Partnering Propsal and their intended mitigation strategies for those risks. This includes considering the extent to which Potential Partners comply with their Work Health and Safety obligations. c) Economical: The extent to which the Partnering Proposal minimises costs for the achievement of the objectives. In assessing this criterion, the Department will consider partner contributions, broader value that the Potential Partner brings and approaches outlined in the proposal that could leverage resources and value-add from other organisations to achieve the governance entity objectives while not duplicating or overlapping existing efforts. d) Ethical: The extent to which the Partnering Proposal (including Potential Partners, other organisations, personnel, approach to achieving objectives or other factors) raises any ethical issues and/or conflict of interests that could not be reasonably managed. In preparing your response to this criterion, please describe the actions required to manage any conflicts of interests and any ethical issues. In assessing this criterion, the Department will consider whether a decision to proceed with the Partnering Proposal would be defensible (upholding the ethical principles of honesty, integrity, probity, due diligence, fairness and consistency).

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2. Partner capability (35%): The extent to which the Partnering Proposal provides the confidence that the Potential Partner can deliver the projects on time and to budget (giving consideration to the Potential Partner's skills, experience and resources (including specialist technical support)). In preparing your response to this criterion, please demonstrate your experience and willingness to work in partnership, sharing skills, experience and resources, and also risks and accountability, to achieve shared outcomes while describing:

• details of the key personnel, including their:

o understanding and knowledge of food waste issues

o experience in research and program management relating to food waste issues

o relevant technical skill set relating to food waste, and

o experience and capacity to interact and network across a wide range of stakeholders in the food value chain.

• proposed governance arrangements to manage the project effectively

• ability to develop, implement, manage and monitor the proposed grant program, and

• prior achievements in food waste.

3. Viability (25%): Whether the Partnering Proposal can realistically achieve sustained benefits over time. This includes considering the extent to which there are any known or reasonably foreseeable barriers or external factors that would prevent the Partnering Proposal from achieving its stated objectives and whether the identified projects could realistically achieve the goals of the governance entity toward halving food waste by 2030. In preparing their response to this criterion, Potential Partners should outline how any activities supported by Commonwealth funding would be completed by 30 June 2024, and how they will build revenue to ensure the governance entity continues under a self-funded model leading up to and beyond the initial four year grant period.

The Department will consider Indigenous involvement in the context of any additional benefits offered by the Partnering Proposal

4. Indigenous Involvement (5%): The extent to which additional benefits can be achieved through the involvement of Indigenous entities and/or communities in the Partnering Proposal.

If the Partnering Proposal seeks to involve Indigenous entities or communities, the Partnering Proposal should demonstrate how they would comply with the Principles for Indigenous Engagement set out in section 5.

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Potential Partners will be advised of the decision in relation to Stage 2 (unsuccessful or proceeding to Stage 3) in writing. Unsuccessful Potential Partners may request a verbal debriefing.

The timeframe required for the Department to assess your Partnering Proposal is subject to the complexity of the Partnering Proposal and the number of stakeholders involved. The Department is committed to responding to Potential Partners in a timely manner and where necessary will provide updates on expected timing of a decision.

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Stage 3: Partnering Design Discussions Following the Department's assessment of the Partnering Proposals against the Assessment Criteria, a successful partner will be identified and the Department will invite this Potential Partner to proceed to partnering design discussions.

The Department will seek to coordinate a partnering workshop or similar forum with the Potential Partner to commence Stage 3. This process could be conducted remotely where the parties are unable to meet in a central location.

Potential Partners will negotiate with the Department the details of the partnering arrangement, which will be reflected in the partnering agreement/ways of working agreement including:

• Joint in principle agreement to the shared objective and outcomes for partnering;

• Clear understanding of individual partner objectives and outcomes being sought;

• Partner roles and responsibilities;

• Detailed scope of the Partnering Proposal that is action and results orientated;

• Detailed project plan that defines outputs and timelines for each activity;

• Resource commitments needed to deliver outputs;

• Performance indicators and monitoring, reporting and evaluation mechanisms;

• Governance and review procedures;

• Risk management (shared and individual);

• Communication protocols;

• Funding arrangements and budgets;

• Personnel; and

• Compliance with all relevant laws and Australian Government policy.

Pending the outcome of the partnering workshop, or similar forum for scoping and design, the Department and the Potential Partner may agree to partner in principle with formal agreements to follow.

To be eligible to partner with the Department and receive Commonwealth funding, the Potential Partner must also meet the grant requirements as outlined in section 2. The grant process will be managed in parallel with Stage 3 assessment: partnering design discussions of this partnership call (section 10).

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11 Commerical-In-Confidence Information

The Department will assess the content of Partnering Proposals and determine which aspects it will agree to protect as confidential based on the guidelines published by the Department of Finance. Please note that a Potential Partner is not therefore able to say their entire Partnering Proposal is confidential. It may be that the Department is in possession of similar information from its own work or a third party, or that the information does not otherwise meet the criteria for protection as confidential.

Subject to this section and the Department of Finance guidelines, relevant aspects of all Partnering Proposals that the Department agrees meet the criteria for protection as confidential information will be treated as confidential by the Department unless authorised by the lead partner to share information contained in the Partnering Proposals with other Potential Partners outside of the Partnering Proposal.

If the Department is unable to agree with a Potential Partner the information that will be treated as confidential information, without limiting its rights, the Department may decide not to assess the Partnering Proposal.

Partnering arrangements entered into through this process will be promoted on the Department’s website.

The Department also has obligations under the Freedom of Information Act 1983 (Cth) that may oblige the release of information in certain circumstances.

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12 Department Rights and Responsibilities

The Department reserves the right to:

• liaise with the Department of Social Services in relation to the grant proposal;

• suggest the use of an alternative process for a potential Partnering Proposal;

• vary the Partnering Proposal submission process at any time;

• issue a written invitation for Potential Partners to submit Partnering Proposals for either a specific partnering activity or a program of activities subject to specified terms and conditions;

• not advance the assessment of a Partnering Proposal at any stage or discontinue negotiations or discussions at any time for any reason;

• exclude a Partnering Proposal from further consideration based on the outcomes of due diligence checks or if the Potential Partner does not provide all reasonable assistance required to enable the Department to conduct relevant checks;

• exclude a Partnering Proposal from further consideration at any stage based on a consideration of affordability (including that the Department's appropriation allocation has been exhausted); and/or

• suspend the consideration of Partnering Proposals at any time, for any length of time and for any reason as determined by the Department.

The Department shares the ethical values and code of conduct of the Australian Public Service and is committed to:

• integrity – acting honestly, ethically and lawfully;

• responsiveness – responding in a timely and considered way to your Partnering Proposals and ideas; and

• responsibility – being accountable for actions.

In working in partnership with the successful Partner, the Department is committed to working openly, equitably, and respecting both diversity and the need to ensure mutual benefit and accountability.

In dealing with the Department, Potential Partners are expected to:

• provide sufficient and accurate information in a timely manner; and

• understand that the Department is bound by legislative requirements and Australian Government policy.

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13 No Liability • In submitting a Partnering Proposal, the Potential Partner agrees it has done so with Free,

Prior and Informed Consent.

• Nothing in this Partnership Call or Partnering Proposal documentation will be construed to create any binding agreement (express or implied) between the Department and any Potential Partner until a written agreement, if any, is entered into between the Department and that Potential Partner.

• The Department will not be responsible for any losses incurred whatsoever by Potential Partners in submitting a Partnering Proposal.

• Notwithstanding this section 13, if a court finds there to be an agreement between the Department and a Potential Partner (or other legal right for the Potential Partner against the Department) regarding the conduct of this Partnering Proposal process, the Potential Partner agrees that the Department's general liability in connection with this Partnering Proposal process (e.g. for negligence, breach of contract or statute or otherwise), and any breach of the terms of such agreement (or right) is limited to the Potential Partner's direct substantiated costs of participation in this Partnering Proposal process excluding Consequential Loss.

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14 Complaints Any complaints arising out of the Partnering Proposal process should be directed to the Complaints Officer via email. Email: [email protected]

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Glossary Term Definition

Assessment Criteria Means the criteria set out in section 10 that will be used to assess the Partnering Proposals.

Closing Date Means the closing date for submitting a Partnering Proposal as specified in section 6.

Closing Time Means the closing time for submitting a Partnering Proposal as specified in section 6.

Consequential Loss Means any liability, loss or claim suffered or incurred by any person, whether arising in contract, tort (including negligence), under statute or on any other basis in law for:

a) indirect or incidental Loss;

b) punitive or exemplary damaged of any kind;

c) loss of profit;

d) loss of revenue;

e) loss of goodwill; or

f) loss of business opportunity.

Department Means the Australian Government Department of Agriculture, Water and the Environment.

Free, Prior and Informed Consent Means all of the following are met (as applicable):

a) consent is given voluntarily and without coercion, intimidation or manipulation;

b) consent is sought sufficiently in advance of any authorisation or commencement of activities;

c) the nature of the engagement and type of information that should be provided prior to seeking consent and also as part of the ongoing consent process should enable the decision makers to be informed; and

in respect of Indigenous communities, the consent is a collective decision made by the right holders and reached through the customary decision-making processes of the communities.

Loss/Losses Means any liabilities, expenses, losses, damages and costs (including but not limited to legal costs on a full indemnity basis, whether incurred by or awarded against a party). Loss has a corresponding meaning.

Partnership An ongoing collaboration where partnering organisations bring together their unique strengths and value to achieve shared outcomes and have a greater impact than each partner could by acting alone.

Partnership Call Means this partnership call undertaken by the Department to identify a Potential Partner to work with the Department to deliver the National Food Waste Governance Entity Program and develop an ongoing collaborative relationship with the Department to achieve the objectives of the National Food Waste Governance Entity Program.

Partnering Proposal The partnering proposal submitted by the Potential Partners to the Department for consideration in accordance with this Partnership Call.

Potential Partner(s) The organisation including a consortium that submits the Partnering Proposal in response to this Partnership Call.

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Appendix A: National Waste Policy Action Items Related to Food Waste 2.1 Establish a voluntary commitment program for businesses across the supply and consumption chain to engage in food waste reduction activities, to encourage industry-led action

2.2 Develop and publish a National Food Waste Implementation Plan, to halve food waste by 2030

2.3 Support the Fight Food Waste campaign, to divert foodstuffs from landfill

2.13 Align community education efforts to reduce food waste, to maximise impact and reduce confusion

6.2 Report on options to increase the recovery of organics from all waste streams

6.4 Deliver Food Organics and Garden Organics (FOGO) collection to households and businesses

6.5 Support the Fight Food Waste Cooperative Research Centre to undertake a range of research and activities to reduce food waste in the supply chain, transform unavoidable waste into co-products and influence behavioural change in businesses and households