FOI 4610 Document 1 document for release.pdf

link to page 7 link to page 7

FOI 4610 - Document 1
REQUEST FOR TENDER
for the establishment of a
Health Data Analytics Panel
Reference: Health 01/1617
UNDER
(CTH) CARE
ISSUED BY THE AUSTRAL 1982
IAN GOVERNMENT
AGED
DEPARTMENT  ACT
OF HEALTH
RELEASED AND
BEEN  HEALTH
HAS INFORMATION
OF
OF
Lodgement Closing Time: 02:00PM, Monday 8 August 2016
DOCUMENT     (local time in Canberra, ACT)
FREEDOM
DEPARTMENT
THIS
PLEASE THE
NOT THE
E:
BY
 Tenders must be lodged electronically via AusTender (see clause 9)
 Tenders should be lodged in the format described in clause 11.
The Department adheres strictly to Commonwealth policy on late tenders. The Department
therefore recommends that Tenderers plan to lodge their Tender well before the Closing Time to
minimise the possibility of any unforeseen circumstances arising that may cause the Tenderer to
miss the Closing Time.
RFT Contact: xxxxx@xxxxxx.xxx.xx
Page 1 of 41

FOI 4610 - Document 1
Request for Tender 01/1617
CONTENTS
PART 1 – OVERVIEW, BACKGROUND, SERVICES SPECIFICATIONS AND TENDER
LODGEMENT
1
1.
REQUEST FOR TENDER
1
2.
THE DEPARTMENT
1
3.
HEALTH DATA ANALYTICS
1
4.
RFT OBJECTIVE
2
5.
ESTABLISHMENT OF THE PANEL
2
6.
RFT TIMETABLE
3
7.
ENQUIRIES ABOUT THIS RFT
3
8.
AUSTENDER, THE AUSTRALIAN GOVERNMENT TENDER SYSTEM
3
9.
ELECTRONIC LODGEMENT
4
10.
TENDER CLOSING TIME AND DATE
4
11.
PREPARING TO LODGE A TENDER
ACT 1982 (CTH)
4
12.
SCANNED OR IMAGED MATERIAL, INCLUDING STATUTORY
DECLARATIONS
4
PART 2 – INFORMATION TO BE PROVIDE
HEALTH AND AGED CARE
D BY TENDERERS
5
13.
CONDITIONS FOR PARTI INFORMATION
CIPATION
5
14.
MINIMUM CONTENT AND FORMAT REQUIREMENTS
5
15.
ESSENTIAL REQUIREMENTS
6
DOCUMENT HAS BEEN RELEASED UNDER
16.
FORMA IS
T OF TENDERS
6
TH
17.
PANEL THE FREEDOM OF
TERMS AND CONDITIONS
6
18.
PRICING BY THE DEPARTMENT OF
6
19.
WORKPLACE GENDER EQUALITY ACT 2012 (CTH)
6
20.
ILLEGAL WORKERS
7
PART 3 - EVALUATION OF TENDERS
8
21.
EVALUATION CRITERIA
8
22.
EXCLUSION OF TENDERS
10
23.
TENDER EVALUATION PROCESS
10
24.
CLARIFICATION
11
25.
TENDERED PRICES
11
Department of Health
1
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FOI 4610 - Document 1
Request for Tender

26.
NEGOTIATIONS
11
27.
DEBRIEFING
12
28.
COMPLAINTS PROCEDURE
12
PART 4 - CONDITIONS OF TENDERING
13
29.
OWNERSHIP AND USE OF TENDER DOCUMENTS
13
30.
INTELLECTUAL PROPERTY RIGHTS IN RFT
13
31.
SMALL TO MEDIUM ENTERPRISES (SMES)
13
32.
AUDIT AND ACCESS
14
33.
FREEDOM OF INFORMATION AND OTHER RIGHTS TO ACCESS
INFORMATION
14
34.
PRIVACY
14
35.
CONFIDENTIALITY
15
36.
ENVIRONMENTAL POLICY
UNDER
(CTH) CARE
16
37.
MATERIAL CHANGE TO TENDERER
1982
16
AGED
38.
CONFLICT OF INTEREST
ACT
17
39.
TENDERER BEHAVIOUR
RELEASED AND
17
40.
COST OF PREPARING AN BEEN
D SUBMITTING TENDER
18
HEALTH
41.
TENDERERS TO INFO HAS
RM THEMSELVES
18
INFORMATION
OF
42.
NO CONTRACT O
OF
R UNDERTAKING
18
43.
ACCEPTANCE
18
44.
THE DEPADOCUMENT
RTMENT’S RIGHTS
19
FREEDOM
DEPARTMENT
PART 5 - GL THIS
OSSARY
21
THE THE
BY
Department of Health
2

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Request for Tender 01/1617

PART 1 – OVERVIEW, BACKGROUND, SERVICES SPECIFICATIONS AND
TENDER LODGEMENT
1.
REQUEST FOR TENDER
1.1
This Request for Tender (RFT) comprises:
(a)
Part 1 – Overview, background, services specifications and tender lodgement
(b)
Part 2 – Information to be provided by Tenderers
(c)
Part 3 – Evaluation of Tenders
(d)
Part 4 – Conditions of Tendering
(e)
Part 5 – Glossary
(f)
Schedule 1 – Statement of Requirement
(g)
Schedule 2 – Tenderer Declaration
UNDER
(CTH) CARE
(h)
Schedule 3 – Tenderer Response Informat 1982
ion  AGED
(i)
Schedule 4 – Statement of Non-Com ACT
pliance
RELEASED AND
(j)
Schedule 5 – Pricing Schedule
(k)
Schedule 6 – Draft DeBEEN
ed
HEALTH
1.2
Tenderers’ attention is  HAS
also  INFORMATION
drawn  OF
to the:
(a)
Conditions for
OF
Participation set out in clause 13;
(b)
Minimum Content and Format Requirements set out in clause 14; and
DOCUMENT
(c)
Esse FREEDOM
ntial R DEPARTMENT
equirements set out in clause 15.
THIS
THE  THE
2.
THE
BY
DEPARTMENT
2.1
The Commonwealth of Australia acting through the Department of Health (Department)
is responsible for better health and wellbeing for all Australians. The Department aims to
achieve its vision through strengthening evidence-based policy advice, improving
programme management, research, regulation and partnerships with other government
agencies, consumers and stakeholders.
3.
HEALTH DATA ANALYTICS
3.1
For the purposes of this RFT, Data Analytics refers to activities that advance the
understanding of health service delivery, including interactions between delivery settings
and potential innovations, and the related expenditure required to sustain the Australian
Health System.
Department of Health
1

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FOI 4610 - Document 1
Request for Tender

4.
RFT OBJECTIVE
4.1
The Health Data Analytics Select Panel (‘the panel’) will be used to provide a broad range
of data analytic services and support the Department with data analytics tools, capability
and capacity. Data analytic services will cover:
  Supplementing the Department’s data analytics staffing and capabilities in order to deliver
outcomes from data analytics projects;
  Assisting the Department to evaluate new and emerging analysis methods;
  Delivering trial and evaluation services of self-service data reporting and analytics tools,
including those to assist economic, statistical and location based analysis, and geospatial
services;
  Delivering project management services for data analytics projects;
  Delivering services to collect, collate and prepare data (e.g. survey design, modelling,
cleaning, integration) for data analysis projects;
  Delivering services to communicate the results of data analysis in an engaging way for the
target audience whatever their nature or locati
UNDER
on, eg tur (CTH)
ning CARE
health data into visual
intelligence; and
1982 AGED
  Delivering advisory services on the role of d
ents.
ACT
ata analytics in strategic planning, analytic
processes and capability improvem RELEASED AND
5.
ESTABLISHMENT OF  BEEN
THE PANEL
HEALTH
5.1
The Department is seekiHAS
ng  INFORMATION
Tender OF
s from organisations that are capable of supplementing
its existing data analyti OF
cs capacity.
5.2
The detailed specifications and requirements for the Products are set out at Schedule 1 -
Statement of Requirement.
DOCUMENT
5.3
The Depart FREEDOM
ment i DEPARTMENT
ntends to:
THIS
(a)
iTHE
dentif THE
y a panel of organisations that can offer advice or services on a best value for
m BY
oney basis; and
(b)
enter into a Deed of Standing Offer with each Panel Member. The Deed of
Standing Offer will be in the form of the Draft Deed set out in Schedule 6 – Draft
Deed.
5.4
The panel will be established for a period of three years, commencing on
1 September 2016 and concluding on 1 September  2019. An option for up to two years
extension beyond 30 June 2019 will be available at the sole discretion of the Department.
5.5
The Department does not warrant that any services will be purchased from any Panel
Member during the term of the panel.
Department of Health
2

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Request for Tender

6.
RFT TIMETABLE
6.1
The following is an indicative timetable for this RFT process:
Activity
Timing
Release of RFT
7 July 2016
Enquiry Cut-Off Date
25 July 2016
02:00PM, Monday 8 August 2016
Closing Time
  (local time in Canberra, ACT)
Evaluation of Tender(s)
August 2016
Execution of Deeds of Standing Offer
September  2016
with successful Tenderers
Notification of unsuccessful Tenderers
September  2016
Commencement of the Panel
September 2016
7.
ENQUIRIES ABOUT THIS RFT
UNDER
(CTH) CARE
7.1
Enquiries about this RFT must be made by email 1982
addressed to:
AGED
Email:
HDASP@healt
ACT
h.gov.au
RELEASED AND
7.2
The Department will provide answers to any reasonable enquiry from a prospective
Tenderer that is received by t BEEN
he Depar HEALTH
tment before the Enquiry Cut-Off Date set out in
clause 6.1, in which case:
HAS
(a)
questions and relat INFORMATION
OF
ed answers may be disclosed to all prospective Tenderers via
AusTender (wit OF
hout disclosing the source of the questions); and
(b)
any Tenderer Confidential Information contained in a question (that is expressly
DOCUMENT
nominated as such by the relevant Tenderer and agreed to by the Department) will
be r FREEDOM
emov DEPARTMENT
ed prior to disclosure on AusTender.
THIS
7.3
All
THE
communi THE
cations related to this RFT should be addressed to the Contact Email (via the
contact  BY
details specified above) and not to other Departmental officers or other persons. A
Tenderer who communicates other than to the Contact Officer may be excluded from
participating further in this RFT process.
8.
AUSTENDER, THE AUSTRALIAN GOVERNMENT TENDER SYSTEM
8.1
AusTender is the Australian Government’s procurement information system. Access to
and use of AusTender is subject to terms and conditions. In participating in this RFT
process, Tenderers must comply with those terms and conditions and any applicable
instructions, processes, procedures and recommendations as advised on the
AusTender website.
8.2
All queries and requests for technical or operational support must be directed to:
AusTender Help Desk
Telephone: 1300 651 698
Department of Health
3

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Request for Tender

International:  +61 2 6215 1558
Email:  xxxxxxx@xxxxxxx.xxx.xx
8.3
The AusTender Help Desk is available between 9am and 5pm ACT local time, Monday to
Friday (excluding ACT and national public holidays).
9.
ELECTRONIC LODGEMENT
9.1
Tenders must be lodged electronically via AusTender before the Closing Time and in
accordance with the tender response lodgement procedures set out in this RFT and on
AusTender.
9.2
If Tenderers need to lodge material that cannot be submitted via AusTender, Tenderers
should contact the Contact Officer prior to Closing Time to make arrangements for its
submission.
10.
TENDER CLOSING TIME AND DATE
10.1
Tenders must be lodged before the Closing Time specified in this RFT (see clause 6.1).
UNDER
(CTH) CARE
10.2
The Closing Time will also be displayed in the re 1982
levant AusTender webpage together with
a countdown clock that displays in real time the am AGED
ount of time left until Closing Time
(For more information please see AusTe
ACT
nder Terms of Use). For the purposes of
determining whether a Tender has RELEASED
been lodg
AND
ed before the Closing Time, the countdown
clock will be conclusive.
BEEN  HEALTH
11.
PREPARING TO LODGE A TENDER
HAS INFORMATION
OF
11.1
Tenders should be lodg OF
ed in the following file formats:
Microsoft Word (version 2003 to 2010) or PDF (version 1.5 to 1.7).
11.2
The Tend DOCUMENT
er file name/s should:
FREEDOM
DEPARTMENT
(a)  THIS
incorporate the Tenderer’s company name; and
THE  THE
(b)
ref BY
lect the various parts of the bid they represent, where the Tender comprises
multiple files.
11.3
Tender response files should not exceed a combined file size of 5 megabytes per upload.
11.4
Tenders must be completely self-contained. No hyperlinked or other material may be
incorporated by reference.
12.
SCANNED OR IMAGED MATERIAL, INCLUDING STATUTORY
DECLARATIONS
12.1
In the event that the Department requires clarification of the Tenderer’s Tender, the
Tenderer may be required to courier or security post the originals of the signature and/or
initialled pages to the Department at the address notified by the Department within the
period notified by the Department.
Department of Health
4

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Request for Tender

PART 2 – INFORMATION TO BE PROVIDED BY TENDERERS
13.
CONDITIONS FOR PARTICIPATION
13.1
Subject to clause 14.2, if the Department considers that a Tenderer does not satisfy all of
the following Conditions for Participation, that Tender will be excluded from further
consideration under this RFT:

Item
Conditions for Participation
1
The Tenderer must not have had any judicial decisions against it (excluding
decisions under appeal) relating to employee entitlements and have not paid the
claim.
2
The Tenderer, its personnel, and any Subcontractors proposed in the Tender must
not, at the Closing Time, be listed as terrorists under section 15 of the Charter of
the United Nations Act 1945 (Cth).
3
The Tenderer (and any Subcontractor proposed in its Tender) must not be named in
the Consolidated list referred to in RegulaUNDER
(CTH)
tion 40 the  CARE
Charter of United Nations
(Dealing with Assets) Regulations 2008 (C1982
th). AGED
ACT
14.
MINIMUM CONTENT AND  RELEASED
FORM
AND
AT REQUIREMENTS
14.1
Subject to clause 14.2, if th BEEN
e Department considers that a Tender does not satisfy all of the
following Minimum Content and
HEALTH
Format Requirements, that Tender will be excluded from
further considerati
HAS
on under  INFORMATION
this RFOF
T:

OF
Item
Minimum Content and Format Requirements
The Tender must be in English and measurements must be expressed in Australian
1
DOCUMENT
legal FREEDOM
unit DEPARTMENT
s of measurement.
THIS
The Tender must include a completed, signed and scanned Tenderer Declaration in
2
THE  THE
t BY
he form at Schedule 2.
Response to the Tender must follow the tender response information outlined in
3
Schedule 3.
Tenderers must substantially complete and submit the Pricing Schedule in
4
Schedule 5 in accordance with the instructions provided in Schedule 5.
14.2
Without limiting the Department’s other rights in this RFT, the Department may, in its
sole and absolute discretion, allow the Tenderer to correct any error of form in a Tender
that appears to be unintentional, by lodging a correction or additional information, in
writing in accordance with the direction of the Department.
14.3
If the Department provides any Tenderer with the opportunity to correct errors of form, it
will provide the same opportunity to all other Tenderers that are in the same position.
Department of Health
5

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Request for Tender

15.
ESSENTIAL REQUIREMENTS
15.1
Those described under 21.1 as Essential Corporate Attributes.

16.
FORMAT OF TENDERS
16.1
Tenders should be completed in accordance with Schedule 3, Schedule 4 and Schedule 5,
noting the following:
(a)
all applicable information should be provided in response to the information
requirements set out in Schedule 3, Schedule 4 and Schedule 5;
(b)
where a response to a particular requirement is covered in another section of the
Tender, a cross reference to that section should be provided; and
(c)
Tenderers may include additional or support materials (as supplements or
attachments to the Tender Response Information) noting that Tenderers are
discouraged from including generic marketing information that does not relate to
the information requested in this RFT and/or does not address the Evaluation
Criteria.
UNDER
(CTH) CARE
1982 AGED
17.
PANEL TERMS AND CONDITIONSACT

RELEASED AND
17.1
Tenderers are reminded that it is the Department’s intention to establish common terms
relating to the supply of the  BEEN
advice or services, according to the terms and conditions set
out in the Draft Deed. Tenderer’s w HEALTH
ho wish to indicate a non-compliance with any of the
provisions of the Draft  HAS
Deed should complete Schedule 4 – Statement of Non-
Compliance.
INFORMATION
OF
OF
17.2
Tenderers should be aware that any non-compliances stated will be taken into account in
the evaluation of Tenders.
DOCUMENT
18.
PRICING  FREEDOM
DEPARTMENT
THIS
THE  THE
18.1
Prices s
BY
hould be fixed for the duration of the Deed.
18.2
Tenderers should provide full details of their proposed price structure in Schedule 5 –
Pricing Schedule.
18.3
Prices should be in Australian dollars (inclusive of GST).
19.
WORKPLACE GENDER EQUALITY ACT 2012 (CTH)
19.1
Commonwealth policy prevents the Commonwealth from entering into contracts with
suppliers who are non-compliant under the Workplace Gender Equality Act 2012 (Cth)
(WGE Act). The Draft Deed requires that a successful Tenderer must:
(a)
comply with its obligations, if any, under the WGE Act; and
Department of Health
6

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Request for Tender

(b)
provide a current letter of compliance within 18 months from the commencement
date of the Contract and following this annually to the Department.
19.2
Successful Tenderer(s) should note that if, during the term of the Deed, a successful
Tenderer becomes non-compliant with the WGE Act, the successful Tenderer must notify
the Department. For further information about coverage of the WGE Act, contact
Workplace Gender Equality Agency on (02) 9432 7000.
19.3
The Tenderer’s Declaration in Schedule 2 contains a statement from the Tenderer
indicating whether or not the organisation is a ‘relevant employer’ under the WGE Act
and, if applicable, Tenderer’s are to provide a current letter of compliance as part of their
Tender, or prior to entering into a Contract.
20.
ILLEGAL WORKERS
20.1
It is Commonwealth policy not to contract with providers engaging Illegal Workers.
20.2
The Tenderer’s Declaration in Schedule 2 contains a statement from the Tenderer
confirming that it meets this obligation.
UNDER
(CTH) CARE
1982 AGED
ACT
RELEASED AND
BEEN  HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE  THE
BY
Department of Health
7

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Request for Tender

PART 3 - EVALUATION OF TENDERS
21.
EVALUATION CRITERIA
21.1
The Department will use the following Evaluation Criteria in the evaluation of Tenders:
Weighting
Description
(if any)
Essential corporate attributes
I.
Willingness to have their employees undergo additional
These are essential
security requirements including those required to work on
criteria
Department premises and access confidential patient data.
See http://www.defence.gov.au/AGSVA/Getting-a-
clearance.asp
a.  These include approvals for building and IT access,
data access, signing deeds of confidentiality, privacy
and conflict of interest.
II.
Ability to work within ethics committees’ approUNDER
val
(CTH) CARE
frameworks.
1982
III.
Australian citizenship for panel members’ employee AGED
s on
projects involving sensitive data.
ACT
IV.
Ability to work within the H
RELEASED
ealth IT environm AND
ent, including
familiarity with Service Provider arrangements—specifically:

BEEN
Third Party Service Delivery Manage HEALTH
ment
HAS
Service delivery by a third  INFORMATION
OF
party must include agreed security
arrangements, service  OF
definitions, and aspects of service
management. In case of outsourcing arrangements, the
transitions (of information, information processing facilities,
and anythDOCUMENT
ing else that needs to be moved) must ensure that
security is  FREEDOM
DEPARTMENT
THIS maintained throughout the transition period.
The
THE  THE
IT S BY
ecurity Section will monitor third party services in
terms of:
o  Adherence to security arrangements;
o  Compliance with Government and Departmental
policies and standards;
o  Incident management;
o  Review third party audit trails and records of security
events, operational problems, failures, tracing of
faults and disruptions related to the service delivered;
o  Resolve and manage identified problems;
o  Visibility into all security aspects of information or
information processing facilities accessed, processed
or managed by that party; and

Department of Health
8

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Weighting
Description
(if any)
o  Visibility in security activities such as change
management, identification of vulnerabilities and
information security incident reporting/response
through a clearly defined reporting process, format
and structure.

In terms of system planning and acceptance, advance
planning and preparation are required to ensure the
availability or adequate capacity and resources to deliver the
required system performance. The operational requirements
of new systems should be established, documented and
tested prior to their acceptance and use. (DOH Information
Communications Technology Security Policy p.3)

Desirable corporate attributes

a)  Experience with health and/or aged care relate UNDER
d data (CTH)
CARE
15%
analytics;

1982 AGED

b)  An understanding of the Australian
ACT
health and aged care
system and associated admin
RELEASED
istrative and o
AND
ther data sets
15%
including the legal and privacy constraints on the use of

health and aged care data;  BEEN

HEALTH

c)  Familiarity with a rang HAS
e of  INFORMATION
analyt OF
ic methods, for example
descriptive statistics, forecasting, affinity analysis, predictive
30%
modelling, cluster ana OF
lysis, and pathways analysis;

d)  Experienc DOCUMENT
e with one or more the analytics software packages
20%
that the D
Enterprise  FREEDOM
epartm DEPARTMENT
ent currently holds (includes Teradata, SAS
THIS  Guide, SAS Visual Analytics, SAS Forecast Studio,
SA
THE
S Enterpr THE
ise Miner, ESRI ARC GIS suite, COGNOS, R).
BY

Demonstrated history of successful provision of data analytic services
to the Department, or other Australian or state government
20%
department(s).
Pricing

21.2
The Department may:
(a)
consider any part of a Tender in the evaluation of any or all of the Evaluation
Criteria; and
(b)
make independent inquiries in relation to a Tenderer.
Department of Health
9

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22.
EXCLUSION OF TENDERS
22.1
Without limiting any other provision of this RFT that gives the Department the right to
exclude Tenders on other grounds, the Department reserves the right to reject a Tender, at
its absolute discretion, if:
(a)
the Tender is incomplete;
(b)
prices are not clearly and legibly stated;
(c)
the Tenderer or Tender does not comply with this RFT;
(d)
the Tenderer is not fully capable of undertaking the Draft Deed;
(e)
the Tender is rated unsuitable or unsatisfactory against one or more of the
Evaluation Criteria;
(f)
the Tender contains statements that qualify or are contrary to the Tenderer
Declaration at Schedule 2 to this RFT:
(g)
in the Department’s opinion the Tender contains a false declaration;
(h)
the Tender contains false or misleading i UNDER
nform (CTH)
ati
CARE
on or statements;
(i)
the Tenderer, or a director or officer of t 1982
he
AGED
Tenderer, is insolvent or bankrupt;
(j)
the Tenderer has an actual, potential ACT
or perceived conflict of interest that cannot be
managed to the satisfaction  RELEASED AND
of the Department acting in its absolute discretion; or
(k)
there has been a signifBEEN
icant deficiency in the performance of a substantive
requirement or obligation u
HEALTH
nder a prior agreement.
HAS INFORMATION
OF
23.
TENDER EVALUA OF
TION PROCESS
23.1
Tenders will be evaluated against the Evaluation Criteria to determine the Tenders that
represents DOCUMENT
the best overall value for money.
FREEDOM
DEPARTMENT
23.2
A
THIS
s part of its evaluation of Tenders, the Department may, in its sole and absolute
discreti THE
on:
THE
BY
(a)
ask Tenderers to undertake presentations;
(b)
ask Tenderers to provide written clarification of various aspects of their Tenders;
(c)
ask Tenderers to provide further information to confirm their financial viability and
commercial stability;
(d)
have discussions or interviews with Tenderers in order to seek further clarification
of their Tenders;
(e)
visit Tenderers’ sites; and
(f)
have discussions with or undertake visits to customers of Tenderers and their
Subcontractors, whether or not those customers are listed as referees in the
Tenderers’ Tenders.
Department of Health
10

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23.3
The Department may choose to undertake the activities set out in clause 23.2 in relation to
some Tenderers only. Presentations, interviews and site visits may be subject to additional
terms and conditions that are advised by the Department to Tenderers who have been
invited to participate in each activity.
23.4
Any costs incurred by the Tenderer in complying with this clause 23 will be borne by the
Tenderer.
24.
CLARIFICATION
24.1
Where the meaning of a Tender is unclear or there is an apparent error of form, the
Department may seek clarification from the Tenderer.
24.2
Any clarification provided by a Tenderer in response to a request for clarification is not to
contain any new material additional to that included in the Tender unless specifically
requested by the Department. Failure to supply clarification to the satisfaction of the
Department may cause the Tender to be excluded from consideration.
25.
TENDERED PRICES
UNDER
(CTH) CARE
25.1
The Tenderer agrees to provide access to such inf1982
ormation as is determined by the
Department to be necessary in order to evaluate the r AGED
easonableness of their Tendered
prices.
ACT
25.2
In the evaluation process, the Depar RELEASED AND
tment may, in its sole and absolute discretion, make
certain adjustments to the Tendered price, including adjustments to account for the
following matters, which m BEEN
ay need ba HEALTH
lancing in order to establish a common basis for the
comparison of Tenders, including (without limitation):
HAS
(a)
Tendered prices a
INFORMATION
OF
s per the completed Schedule 5;
OF
(b)
pricing flexibility;
(c)
anyDOCUMENT
other costs or discounts which form part of the Tenderer’s offer;
(d)
norm FREEDOM
DEPARTMENT
THIS  alised and discounted cash flow;
(e)
THE  THE
BY
any alternative proposals or financial incentives offered by the Tenderer;
(f)
implementation costs;
(g)
any risk relating to the Tendered prices;
(h)
transition out costs;
(i)
cost of administering the agreement; and
(j)
whole of life costs and benefits.
26.
NEGOTIATIONS
26.1
Negotiations may be undertaken with one or more Tenderers in the sole and absolute
discretion of the Department.
Department of Health
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26.2
During the negotiation phase of this RFT process, the Department may engage in detailed
discussions and negotiations, including parallel negotiations, with the goal of maximising
the benefits to the Department of a Tender, as measured using the Evaluation Criteria. As
part of this process, those Tenderers participating in the negotiation phase may be asked to
improve any or all aspects of their Tender.
26.3
The Department may seek best and final offers from Tenderers participating in the
negotiation phase of this RFT process.
26.4
Without limiting its other rights under this RFT, in the event that the Department
concludes that during negotiations a Tenderer has retracted, or attempts to retract, any part
of its tendered offer, the Department, in its sole and absolute discretion, reserves the right
to:
(a)
disqualify that Tenderer’s Tender;
(b)
terminate this RFT process;
(c)
re-enter negotiations or parallel negotiations with other Tenderers; or
(d)
exercise any other right reserved to the Department under law or elsewhere in this
RFT.
UNDER
(CTH) CARE
27.
DEBRIEFING
1982 AGED
ACT
27.1
After the Department has finalised  RELEASED
a contract wiAND
th the successful Tenderer(s), the
Department will notify all unsuccessful Tenderers of the outcome of the RFT process.
27.2
All Tenderers will be offere BEEN
d the o
HEALTH
pportunity for a debriefing on their Tender.
27.3
Tenderers will be debri HAS
efed INFORMATION
agai
OF
nst the Evaluation Criteria contained in this RFT.
Tenderers will not be pr OF
ovided with information concerning other Tenders.
28.
COMPLAINTS PROCEDURE
DOCUMENT
28.1
Any compl FREEDOM
DEPARTMENT
THIS aints about this RFT process should be made in writing and sent to the Contact
Officer THE
’s em THE
ail address as specified in clause 7.
28.2
If a compl BY
aint is not resolved, complaints may be directed via email to the Department’s
Complaints Office identified below:
Procurement Advice Services
Corporate Agency Support Branch
Department of Health
xxxxxxxxxxx.xxxxxx@xxxxxx.xxx.xx
Department of Health
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PART 4 - CONDITIONS OF TENDERING
29.
OWNERSHIP AND USE OF TENDER DOCUMENTS
29.1
Without affecting any intellectual property that may exist in a Tender, all Tender
documents (including paper and electronic copies) become the property of the Department
on submission.
29.2
Without prejudice to any other right of the Department under this RFT or at law, the
Department may copy, amend, disclose or allow the disclosure of, or otherwise deal with,
a Tender or any information contained in or relating to any Tender (at any time) for any of
the following purposes:
(a)
evaluating and clarifying Tenders;
(b)
negotiation of the Deed with the Tenderer or any other Tenderer;
(c)
managing any resultant agreement with the Tenderer or any other Tenderer;
(d)
audit, governmental and Parliamentary re UNDER
porti (CTH)
ng re CARE
quirements; and
(e)
responding to any disputes about this RFT 1982
pr AGED
ocess or requests from Parliament or a
Parliamentary Committee.
ACT
29.3
The Department may make copies oRELEASED AND
f the Tender as necessary for its purposes.
30.
INTELLECTUAL P
BEEN
ROPERT
HEALTH
Y RIGHTS IN RFT
HAS INFORMATION
OF
30.1
All intellectual property that exists in the information contained in this RFT, or any related
or attached material, r
OF
emains the property of the Department.
30.2
Each Tenderer is permitted to use this RFT for the purpose only of compiling its Tender
and, in th DOCUMENT
e case of the Tenderer(s) selected through this RFT process, for negotiating the
Deed with t FREEDOM
h
DEPARTMENT
e Department.
THIS
30.3
Such inTHE
tellect THE
ual property rights as may exist in a Tender will remain the property of the
Tenderer. BY
31.
SMALL TO MEDIUM ENTERPRISES (SMES)
31.1
The Australian Government is committed to Public Governance, Performance and
Accountability Act (Cth) non-corporate Commonwealth entities sourcing at least 10 per
cent of their purchases by value from SMEs. For the purpose of this clause an SME is an
Australian or New Zealand firm with fewer than 200 full-time equivalent employees.
31.2
Tenderers are encouraged to include the participation of SMEs in their Tenders.
Department of Health
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32.
AUDIT AND ACCESS
32.1
The attention of Tenderers is drawn to the Auditor-General Act 1997 (Cth), which
provides the Auditor-General or an authorised person with a right to have, at all
reasonable times, access to information, documents and records.
32.2
In addition to the Auditor-General’s powers under the Auditor-General Act 1997 (Cth), if
a Tenderer is chosen to enter into a Deed, the Tenderer will be required to provide the
Auditor-General or an authorised person with access to information, documents, records
and Department assets, including those on the Tenderer’s premises. This 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
are related to the Deed.  Such access will apply for the term of the Deed and for a period
of 7 years from the date of expiration or termination of the Deed.
32.3
Tenderers should obtain, and will be deemed to have obtained, their own advice on the
impact of the Auditor-General Act 1997 (Cth) on their participation in the Tender.
33.
FREEDOM OF INFORMATION AND OTHER RIGHTS TO ACCESS
INFORMATION
UNDER
(CTH) CARE
1982
33.1
The attention of Tenderers is drawn to the Freedom AGED
of Information Act 1982 (Cth), which
gives members of the public right of access tACT
o documents in the possession of the
Commonwealth and its agencies.     RELEASED AND
33.2
The Act extends as far as p BEEN
ossible the right of the community to access information
(generally documents) in the possessi HEALTH
on of the Commonwealth, limited only by exceptions
and exemptions necessa HAS
ry for the protection of essential public interests and the private
and business affairs of pers INFORMATION
OF
ons in respect of whom information is collected and held by
departments and publi OF
c authorities.
33.3
Rights of access also exist under other legislation, including the Ombudsman Act 1976
(Cth). C DOCUMENT
ourts also have legal rights to access a wide range of information.
33.4
Tenderers s FREEDOM
DEPARTMENT
THIS  hould also be aware of the Australian Information Commissioner Act 2010
(Cth) THE
, which  THE
established the Office of the Australian Information Commissioner to
perform frBY
eedom of information, privacy and information policy functions.
34.
PRIVACY
34.1
Tenderers are advised that it is Commonwealth policy to ensure that there is no loss of
privacy protection when a Commonwealth entity contracts for the delivery of services.
34.2
Without limiting any obligations under the Privacy Act 1988 (Cth), Tenderers who are
selected as a result of this RFT process are required under the Deed to agree not do an act,
or engage in a practice, that would breach an Australian Privacy Principle under the
Privacy Act 1988 (Cth) if done or engaged in by a Commonwealth entity to which the
Australian Privacy Principles apply. Tenderers selected as a result of this RFT process
will also need to agree to impose those same obligations on any Subcontractor engaged by
the Tenderer.
Department of Health
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35.
CONFIDENTIALITY
35.1
The Department will, subject to this RFT, endeavour to treat the following information as
confidential:
(a)
all Tenders received prior to the establishment of the panel;
(b)
all unsuccessful Tenders, following the establishment of the panel;
(c)
all successful Tenders, following the establishment of the panel but only to the
extent that:
(i)
the successful Tenderer requests that specific information in that Tender be
kept confidential under the heading ‘Confidential Information’ in Schedule
3 – Tenderer Response Information; and
(ii)
the Department has determined that specific information is to be kept
confidential in accordance with the Department of Finance’s principles on
Confidentiality Throughout The Procurement Cycle and has agreed,
pursuant to the Deed with the successful Tenderer, to keep that information
confidential.
35.2
The Department will not be taken to have breac UNDER
(CTH) CARE
hed any obligation to keep information
provided by Tenderers confidential to the extent t 1982
hat AGED
the information:
(a)
is disclosed by the Department to its  ACT
advisers, officials or subcontractors, in order
to conduct this RFT proces RELEASED
s or to prepar AND
e and manage any resultant Deeds of
Standing Offer;
(b)
is disclosed to th
BEEN
e Department’ HEALTH
s internal management personnel, solely to enable
effective manageHAS
ment or auditing of this RFT process;
INFORMATION
OF
(c)
is disclosed by t OF
he Department to the responsible Minister;
(d)
is disclosed by the Department in response to a request by a House or a Committee
of t DOCUMENT
he Parliament of the Commonwealth of Australia;
(e)
is sh FREEDOM
ared byDEPARTMENT
the Department within the Department’s organisation, or with another
THIS
Commonwealth entity, where this serves the Commonwealth’s legitimate interests;
THE  THE
(f)
is aBY
uthorised or required by law to be disclosed;
(g)
is disclosed to meet the Department’s reporting or accountability requirements,
including, without limitation:
(i)
under the Public Governance, Performance and Accountability Act (Cth) or
other legislation;
(ii)
to the Australian National Audit Office or any other auditor appointed by
the Department;
(iii)  in accordance with the provisions that require notification of
Commonwealth contracts on the AusTender website (www.tenders.gov.au);
(iv)
to the Commonwealth Ombudsman; or
Department of Health
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(h)
is in the public domain otherwise than due to a breach of the relevant obligations of
confidentiality.
35.3
Tenderers should be aware that the Department, as a non-corporate Commonwealth entity,
is subject to specific accountability requirements, which support internal and external
scrutiny of its tendering and contracting processes. These include the publication and
reporting of certain agreements and information about certain procurements, including but
not limited to the names of any Subcontractors engaged to perform services in relation to a
Commonwealth contract. Tenderers should inform all potential Subcontractors that their
participation in fulfilling a Commonwealth contract may be publicly disclosed.
35.4
Tenderers should be aware that the Department reserves the right to publish the pricing of
individual Products and Associated Goods and Services of Panel Members, including for
Departmental officers s to make informed selections of contractors for services.
36.
ENVIRONMENTAL POLICY
36.1
The Commonwealth aims to improve the implementation of ecologically sustainable
development (ESD) within its agencies.
36.2
In support of this aim, the Department is commitUNDER
ted t (CTH)
o foste CARE
ring the sustainable use of the
Earth’s resources and will implement and maintain an environmental management system
to ISO14001, with the following key areas:
1982 AGED
(a)
compliance with all relevant enviro ACT
nmental legislation, regulations, policies and
other initiatives to which it RELEASED AND
subscribes;
(b)
integrating environm BEEN
ental management into business decision making at all levels;
HEALTH
(c)
reducing cost thr HAS
ough better resource usage and waste management;
INFORMATION
OF
(d)
setting objectivesOF
and targets for continuous improvement;
(e)
monitoring, reporting and reviewing achievements;
(f)
DOCUMENT
exploring best practice and innovative environmental management approaches to
the u FREEDOM
se of t DEPARTMENT
echnology, property and related resources; and
THIS
(g)
THE
buildi THE
ng an environmentally aware business culture.
BY
36.3
Tenderers are encouraged as part of their tender responses to outline their commitment to
the environmental and ecological sustainability.
37.
MATERIAL CHANGE TO TENDERER
37.1
A Tenderer must notify the Department if, following lodgement of its Tender, there occurs:
(a)
an event that has the effect of materially altering either the composition or control
of the Tenderer or the business of the Tenderer; or
(b)
any material change to the compliance status of the Tenderer against this RFT; or
(c)
any material change to the proposed basis on which the Tenderer will supply the
Products, or have access to the necessary and appropriate skills, resources,
Department of Health
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nominated key personnel, nominated Subcontractors or corporate or financial
backing to provide the Products, on the terms of the Draft Deed.
37.2
If the Department receives notice, or becomes aware of an event under clause 37.1(a), the
Department may allow (on terms it considers appropriate) the substitution of the Tenderer
with another legal entity upon receipt of a joint written request from or on behalf of the
Tenderer and the other legal entity. If the Department allows the substitution, it will
evaluate the Tender in its original form prior to the event, except that the impact of the
event on the information provided in the Tender may be taken into account.
37.3
If the Department receives notice, or becomes aware of an event under clause 37.1(b) or
37.1(c), or the Commonwealth does not allow substitution, or substitution is not requested,
under clause 37.1(a), the Department may either exclude the Tender from consideration or
consider the Tender taking into account the impact of the changed circumstances on the
information provided in the Tender.
38.
CONFLICT OF INTEREST
38.1
If at any time prior to entering into a Deed of Standing Offer, an actual or potential
conflict of interest arises or may arise for any Tenderer, other than that already disclosed,
that Tenderer should immediately notify th
UNDER
e Departm (CTH)
ent in CARE
writing.
38.2
In the context of this RFT, a conflict of interest i 1982
ncl AGED
udes any matter, circumstance, interest,
or activity affecting the Tenderer (including
ch may ACT
the officers, employees, agents and
Subcontractors of the Tenderer) whiRELEASED
, or AND
may reasonably appear to, impair the
ability of the Tenderer to supply the services under the panel in a diligent and independent
manner.
BEEN
38.3
If any actual or potential conflict is
HEALTH
notified, or the Department becomes aware of any
actual or potential confl HAS
ict, tINFORMATION
OF
he Department may, in its absolute discretion:
(a)
disregard the Te OF
nder submitted by such a Tenderer;
(b)
enter into discussions to seek to resolve such conflict of interest; or
DOCUMENT
(c)
tak FREEDOM
e any ot DEPARTMENT
her action it considers appropriate.
THIS
39.
TENDTHE  THE
E BY
RER BEHAVIOUR
39.1
Tenderers must not, and must ensure that their officers, employees, agents and advisors do
not, in relation to the preparation, lodgement or assessment of Tenders:
(a)
make any false or misleading or deceptive claim or statement;
(b)
improperly obtain Confidential Information;
(c)
receive improper assistance from any existing or former officer or employee of the
Department;
(d)
engage in collusive tendering, anti-competitive conduct, unlawful, unethical or
other similar conduct with any other Tenderer or other person;
(e)
attempt to improperly influence an officer or employee of the Department, or
violate any applicable laws regarding the offering of inducements; or
Department of Health
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(f)
approach any officer or employee of the Department regarding this RFT other than
in the manner set out in this RFT.
39.2
The Department may exclude a Tender from consideration if the Tenderer fails to comply
with the requirements set out in this clause 39.
40.
COST OF PREPARING AND SUBMITTING TENDER
40.1
In no circumstances will the Department be responsible for any costs incurred by a
Tenderer in preparing a Tender, or associated expenses related to this RFT.
41.
TENDERERS TO INFORM THEMSELVES
41.1
Tenderers are deemed to have:
(a)
examined this RFT, and any other documents referenced or referred to in this RFT,
and any other information made available in writing by the Department to
Tenderers for the purposes of submitting a Tender;
(b)
examined all other information which i UNDER
s obtai (CTH)
nabl
CARE
e by the making of reasonable
and timely inquiries and relevant to the risks, contingencies and other
circumstances having an effect on their T 1982
ende AGED
r; and
(c)
satisfied themselves as to the correct ACT
ness and sufficiency of their Tender, including
quoted prices which are dee RELEASED AND
med to cover the cost of all matters necessary for the
supply of the Products (including due and proper supply any Associated Services)
described in the Stat BEEN
ement of Requirement.
HEALTH
41.2
It is the responsibility HAS
of Tenderers to obtain all information necessary or convenient for
the preparation of their Ten INFORMATION
OF
der.
OF
41.3
Tenderers must not rely, and are deemed not to have relied, upon any statement or
representation by the Department, whether before or after the date of this RFT, in
connecti DOCUMENT
on with this RFT or this RFT process, unless that statement or representation is
made in writ FREEDOM
ing byDEPARTMENT
the Contact Officer for this RFT.
THIS
41.4
Tender THE
ers
THE
should obtain their own legal and other professional advice on this RFT and its
requirem BY
ents including in respect of the potential rights and obligations in respect of the
Draft Deed and should not construe this RFT as investment, legal, tax or other advice.
42.
NO CONTRACT OR UNDERTAKING
42.1
Nothing in this RFT or in any Tender or by the submission of a Tender (in part or together)
creates, or is to be construed to create, any binding contract or other legal relationship
(express or implied) between the Commonwealth and any Tenderer.
43.
ACCEPTANCE
43.1
Acceptance of a Tender is subject to the execution of a Deed of Standing Offer by the
Commonwealth and the applicable Tenderer substantially in the form of the Draft Deed at
Schedule 6.
Department of Health
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43.2
Neither the lowest priced Tender, nor any Tender, will necessarily be accepted by the
Department.
44.
THE DEPARTMENT’S RIGHTS
44.1
The Department reserves the right to:
(a)
vary the timing and processes, if any, referred to in this RFT;
(b)
change or suspend the RFT process;
(c)
terminate the RFT process where it is, in the opinion of the Department, in the
public interest to do so;
(d)
remove any Tender from consideration where in the opinion of the Department:
(i)
it is in the public interest to do so;
(ii)
the Tenderer does not meet a mandatory requirement;
(iii)  the Tenderer is not fully capable of undertaking the Deed;
UNDER
(CTH) CARE
(iv)
this RFT otherwise allows for the exclusion of the Tenderer; or
1982
(v)
the Tender does not represent value for AGED
money;
ACT
(e)
add a Tenderer or select an RELEASED
d negotiate wiAND
th a third party who has not submitted a
Tender on such terms as the Department in its absolute discretion accepts without
prior notice to any T BEEN
enderer where in the opinion of the Department:
HEALTH
(i)
it is in t HAS
he public interest to do so;
INFORMATION
OF
(ii)
no Tender OF
er meets a mandatory requirement;
(iii)  no Tenderer is fully capable of undertaking the Deed; or
(iv)DOCUMENT

no Tender represents value for money;
FREEDOM
DEPARTMENT
(f)  THIS
call for new Tenders;
THE  THE
(g)
BY
publish or disclose the names of Tenderers (whether successful or unsuccessful);
(h)
allow or not allow a related body corporate within the meaning of the Corporations
Act 2001 (Cth) to take over a Tender in substitution for the original Tenderer;
(i)
enter into negotiations with any Tenderer; or
(j)
cancel, add to or amend the information, requirement, terms, procedures or
processes set out in this RFT.
44.2
If the Department does vary this RFT or process, the Department will endeavour to inform
any prospective Tenderers who have sought, or been issued with, this RFT of that change.
A notice of the issue of an addendum will be published in the same manner as the original
information about this RFT, including by notification on the AusTender website.
Department of Health
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44.3
The Department will not be liable or in any way responsible for any failure to inform a
potential Tenderer of a change relating to this RFT or any other matter arising by the
Department exercising any of its rights.
UNDER
(CTH) CARE
1982 AGED
ACT
RELEASED AND
BEEN HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE THE
BY
Department of Health
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PART 5 - GLOSSARY

Term
Definition
ACT
Australian Capital Territory
Associated Goods
means the associated goods described in Schedule 1 – Statement of
Requirement to this RFT.
Associated Services
means the associated services described in Schedule 1 – Statement of
Requirement to this RFT
AusTender
means the Australian Government online tendering system, located
on the AusTender website
Commonwealth
Commonwealth of Australia
Closing Time
means the closing time and date of this RFT as specified at clause 10
of this RFT
UNDER
(CTH) CARE
1982 AGED
Conditions for
means the mandatory conditions (if any) identified in clause 13 of
Participation
this RFT
ACT
RELEASED AND
Confidential
means information (whether or not owned by the Commonwealth)
Information
that:
BEEN  HEALTH
(a)HAS

INFORMATION
is by i OF
ts nature confidential; or
(b)OF

the receiving party knows or ought to know is confidential,
but does not include information which:
DOCUMENT
FREEDOM
DEPARTMENT
(c)
is or becomes public knowledge other than by breach of the
THIS
Deed;
THE  THE
BY
(d)
is in the possession of a party without restriction in relation to
disclosure before the date of receipt; or
(e)
has been independently developed or acquired by the
receiving party
Contact Officer
means the contact person for all matters pertaining to this RFT
process, as identified at clause 7 of this RFT
Department
means the Department of Health
Draft Deed
means the document attached as Schedule 6 – Draft Deed to this
RFT being the proposed Deed of Standing Offer to be entered into
between the Department and the successful Tenderer(s)
Department of Health
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Term
Definition
Essential Requirements   means the mandatory conditions (if any) identified at clause 15, and
which a Tenderer must comply
Evaluation Criteria
means the criteria set out in clause 21 of this RFT that will be used to
evaluate the Tenders received.
Illegal Worker
means a person who:
(a)
has unlawfully entered and remains in Australia;
(b)
has lawfully entered Australia, but remains in Australia after
his or her visa has expired; or
(c)
is working in breach of his or her visa conditions.
Minimum Content and
means the mandatory content and format requirements identified in
Format Requirements
clause 14 of this RFT
UNDER
(CTH) CARE
Products
means the Products (includi 1982
ng all Associated Goods and Associated
Services) described in the S
AGED
chedule 1 – Statement of Requirement
to this RFT.
ACT
RELEASED AND
RFT
means this Request for Tender
BEEN
Schedules
means all or any HEALTH
of the schedules to this RFT
HAS INFORMATION
OF
Statement of
means the description of the Products as set out in Schedule 1 –
Requirement
OF
Statement of Requirement to this RFT
Subcontractors  DOCUMENT
means an entity that contracts to provide goods or services to the
FREEDOM
DEPARTMENT
successful Tenderer(s) in order for the Tenderer to meet obligations
THIS
under a resultant Deed of Standing Offer
THE  THE
Tender
BY
means a response submitted by a Tenderer to this RFT
Tenderer
means an entity that submits a Tender, and includes a potential
Tenderer.

Department of Health
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SCHEDULES
Schedule 1 - Statement of Requirement
1.
Overview
1.1
The Department is seeking to establish a panel of organisations with expertise and
experience in health data analytics. Tenders are invited from organisations with both wide
ranging and niche areas of health data analytics expertise (see also Request for Tender
Objective p.4).
1.2
Successful tenderers will be offered a Deed of Standing Offer (see Schedule 6)
1.3
When required, panel members will be requested to provide health data analytic services in
relation to particular matters under specified conditions, such as timelines and resource
skill sets. The Department will assess the scope and nature of required services and will
approach members to submit proposals to provide the service under the terms and
conditions of their Deed of Standing Offer. The provision of such services may be required
at short notice and panel members may be contacted by phone, or e-mail to provide a
proposal.  Where a panel member is engaged to under the terms and conditions of the Deed
of Standing Offer, the specific tasks and requirements of each service will be via the
Official Order (contract).
UNDER
(CTH) CARE
2.
Services
1982 AGED
2.1
The following is a list of health data analyti ACT
cs services that is required by the Department
please indicate which services you  RELEASED
can provide:  AND

BEEN
Service
HEALTH  Tick Services you will provide
HAS
Supplementing the Departm INFORMATION
OF
ent’s data analytics
staffing and capabilities iOF
n order to deliver
outcomes from data analytics projects;
Assisting t DOCUMENT
he Department to evaluate new and

emerging anaFREEDOM
lysi
DEPARTMENT
s methods;
THIS
Deliveri THE  THE
ng BY
trial and evaluation services of self-

service data reporting and analytics tools,
including those to assist economic, statistical
and location based analysis, and geospatial
services;
Delivering project management services for

data analytics projects;
Delivering services to collect, collate and

prepare data (e.g. survey design, modelling,
cleaning, integration) for data analysis projects;
Delivering services to communicate the results

of data analysis in an engaging way for the
target audience whatever their nature or
location, eg turning health data into visual
Department of Health
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intelligence;
Delivering advisory services on the role of data
analytics in strategic planning, analytic
processes and capability improvements.
Note: Please indicate only your core areas of expertise, the number and nature of services offered is
not a selection criterion, and organisations which offer one or two of these services will be assessed
on equal terms with those that offer several or all services.
2.2 It is expected that most of the Department’s health data analytics services will be obtained
through the panel. However, the Department may look outside of the panel on occasions
where particular expertise is required that cannot be reasonably obtained through the panel,
or where panel members are not able to provide the types of services or meet the
timeframes.
2.3   Term of the Deed will be from execution in 2016 for an initial period of three years plus an
option to extend up to 24 months at the Department’s discretion. Deeds will need to be
concluded by 31/12/16.
3. Requirements and Standards
UNDER
(CTH) CARE
3.1 Specific insurance requirements particular to the procurement
1982 AGED
 Public liability insurance $20 million dollars.
ACT

 Professional indemnity ins RELEASED AND
urance $10 million dollars.
 Workers’ compensatBEEN
ion insurance as per State or Territory law.
HEALTH
3.2 Standards
HAS INFORMATION
OF
Panel members will;
OF
(a)
perform the services to a standard recognised as a high professional standard by
t DOCUMENT
he industry to which the Contractor belongs; and
(b)
com FREEDOM
ply wit DEPARTMENT
h all applicable Commonwealth and industry standards and guidelines.
THIS

THE  THE
BY

Tenderers acknowledge that the requirements and obligations detailed in this Schedule 1 are based
on projected future requirements that may vary significantly from current and historical
requirements.

Department of Health
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Schedule 2 – Tenderer Declarations
The Tenderer must complete, sign and scan the declaration set out below and submit the
declaration as part of its Tender.

DECLARATION BY TENDERER

I, ……………………………………………………………………………………….., make the following
declaration on behalf of

…………………………………………………………………………………………………………………
(the Tenderer):
I am duly authorised by the Tenderer to make this declaration.
I am duly authorised to sign Tenders for and on behalf of the Tenderer.
I make this declaration on behalf of the Tenderer and o
UNDER
n behalf (CTH)
of myCARE
self.
1982
1.
Definitions
AGED
ACT
1.1
In this declaration terms have the s RELEASED
ame meaningAND
as in REQUEST FOR TENDER for the
establishment of a Health Data Analytics Panel, Health 01/1617 (RFT).
2.
Offer and Change of Circu BEEN
mstance  HEALTH
2.1
The Tenderer offers to s HAS
uppl INFORMATION
y the s OF
ervices described in this RFT on the conditions set out
in this RFT for the prices tendered. The Tenderer undertakes not to withdraw, vary or
otherwise compromise t OF
his offer for a period of no less than nine months from the Closing
Time.
2.2
The Tende DOCUMENT
rer undertakes to promptly notify the Department of any change, after
submission
ources FREEDOM
of its T DEPARTMENT
ender, to the basis upon which it wil  have access to the necessary skil s
or resTHIS  , or corporate or financial backing, to supply the services.
3.
Tender THE  THE
er’ BY
s Conduct
3.1
The Tenderer declares that this Tender:
(a)
does not contain any false or misleading claim or statement;
(b)
has been compiled without the Tenderer:
(i)
engaging in any collusive bidding, anti-competitive or other unethical,
improper or unlawful conduct;
(i )
violating any applicable laws or Commonwealth policies regarding the
offering of inducements;
(i i)
communicating with or soliciting information from any Department
employee (or contractor) or ex-employee (or ex-contractor) other than the
Contact Officer;
Department of Health
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Request for Tender

(iv)
obtaining improper assistance from any Commonwealth employee or
using information obtained unlawfully or in breach of an obligation of
confidentiality to the Commonwealth;
(v)
contravening clause 39 of this RFT; or
(vi)
otherwise acting in an unethical or improper manner or contrary to any law.
3.2
The Tenderer warrants that it has not attempted and wil  not attempt, through its officers,
employees or agents, to influence improperly any officer or employee of the Department  in
connection with the assessment of the Tender.
3.3
The Tenderer warrants that it has complied with all relevant laws and with Commonwealth
policy, in preparing and lodging its Tender and in taking part in this RFT process.
4.
Conflict of Interest
[Strike through whichever option does not apply.  Note to Tenderers: In the context of this RFT, an conflict of interest
includes any matter, circumstance, interest, or activity affecting the Tenderer (including the officers, employees, agents and
Subcontractors of the Tenderer) which may, or may reasonably appear to, impair the ability of the Tenderer to supply the
services under the panel in a diligent and independent manner.]
4.1
The Tenderer represents and declares that, having made all reasonable enquiries, it does
not have any known actual or potential conflicts UNDER
(CTH)
of interest c CARE
oncerning itself or a related
entity in respect of this RFT, its Tender or the prov1982
ision of the Products referred to in the
Statement of Requirement other than those specified  AGED
below.
OR
ACT
RELEASED AND
4.2
The Tenderer
BEEN
(a)
represents that, having made aHEALTH
l  reasonable enquiries, the following represents its
only known act HAS
ual or potential conflicts of interest in respect of this RFT, its Tender
or the provision of th INFORMATION
OF
e Products referred to in the Statement of Requirement:

[Insert details]
OF
(b)
advises that it proposes to manage the disclosed conflict of interest in the following
wa DOCUMENT
ys: FREEDOM
DEPARTMENT
THIS
[insert details]
THE  THE
5.
Further r BY
epresentations
5.1
The Tenderer makes the fol owing further representations to the Department:
(a)
it is authorised to sel  and/or support al  services relating to this Tender;
(b)
it has examined the AusTender Terms of Use which are obtainable on the
AusTender website;
(c)
it has examined this RFT, al  documents referred to in this RFT and al  other
information made available to it and al  applicable legislation and policies;
(d)
it has examined al  further information which is obtainable by making reasonable
enquiries relevant to the risks, contingencies and other circumstances having an
effect on its Tender;
(e)
it has satisfied itself as to the correctness and sufficiency of its Tender;
Department of Health
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Request for Tender

(f)
it has relied entirely on its own enquiries and has not relied on any representation,
warranty or other conduct by or on behalf of the Department, except as expressly
provided in this RFT or in notices received by it; and
(g)
it has accepted and has fully complied with the provisions of this RFT.
6.
Acknowledgements
6.1
The Tenderer acknowledges that:
(a)
the Department may exercise any of its rights set out in this RFT, at any time;
(b)
the statements, opinions, projections, forecasts or other information contained in
this RFT may change;
(c)
this RFT is a summary only of the Department’s requirements and is not intended
to be a comprehensive description of it;
(d)
neither the lodgement of the Tender nor the acceptance of any Tender nor any
agreement made subsequent to this RFT wil  imply any representation from or on
behalf of the Department that there has been no material change since the date of
this RFT or since the date as at which any information contained in this RFT is
stated to be applicable;
UNDER
(CTH) CARE
(e)
except as required by law and only to the 1982
extent so required, neither the
Department, nor its respective officers, emplo AGED
yees, advisers or agents wil  in any
way be liable to any person or body f
ut of or i ACT
or any loss, damage, cost or expense of any
nature arising in any way o RELEASED
n c AND
onnection with any representations, opinions,
projections, forecasts or other statements, actual or implied, contained in or
omitted from this RFT; and
BEEN
(f)
the Department wil  have recei HEALTH
ved this Tender in reliance on this Declaration and
that the DepartmHAS
en INFORMATION
t may s OF
uffer loss if any of the representations, undertakings,
consents or other statements in this Declaration or the Tenderer’s Tender are
misleading
OF
or deceptive.
7.
Corporate capacity
7.1
The Tende DOCUMENT
r FREEDOM
er confi DEPARTMENT
rms that:
(a)  THIS
THE
it has THE
the capacity to respond to this RFT;
(b)
BY
there are no restrictions under any relevant law to prevent it from so responding;
(c)
it is financial y viable; and
(d)
the Tenderer:
(i)
being a corporation – is not under one of the forms of external
administration referred to in chapter 5 of the Corporations Act 2001 (Cth)
and has not had an order made against it for the purpose of placing it
under external administration; or
(i )
being an individual – is not bankrupt and has not entered into a scheme of
arrangement with creditors.
8.
Security, probity and financial checks
8.1
The Tenderer:
Department of Health
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(a)
consents to the Department performing (and wil  procure all necessary consents to
enable the Department to perform) such security, probity and financial
investigations and procedures as the Department may determine are necessary in
relation to the Tenderer, any consortium member, their employees, officers,
partners, associates, subcontractors or related entities; and
(b)
agrees to provide at its cost, all reasonable assistance to the Department and its
nominees in this regard.
9.
Workplace Gender Equality Act 2012 (Cth)
9.1
Under Australian Government policy, Tenderers are obliged to indicate whether or not the Tenderer is covered by
the Workplace Gender Equality Act 2012 (Cth) (the WGE Act). A Tenderer is covered by the WGE Act if it is a
‘relevant employer’, defined as being a non-public sector employer (including higher education institutions, trade
unions and not-for-profit organisations) of 100 or more employees in Australia. For information about the
coverage of the WGE Act, contact the Workplace Gender Equality Agency on (02) 9432 7000.
[Note to Tenderers: Indicate with a   whichever option applies.]

Yes, I am a relevant employer. I have attached a letter of compliance as part of this submission which

indicates my compliance with the WGE Act.

Yes, I am a relevant employer.  I will be providing a UNDER
letter of (CTH)
comp CARE
liance prior to entering into a contract.

No, I am not a relevant employer.
1982 AGED
10.
Terrorism
ACT
10.1
The Tenderer declares neither it, nor any of it RELEASED AND
s personnel or proposed Subcontractors or agents, are listed as
terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth).
Note: The list is available from the DeBEEN
partment of HEALTH
Foreign Affairs website.
11.
Trade sanctions
HAS INFORMATION
OF
11.1
The Tenderer declares neither  OF
it, nor any Subcontractor proposed in its Tender are named in the consolidated list
referred to in Regulation 40 the Charter of United Nations (Dealing with Assets) Regulations 2008 (Cth).
Note: The list  DOCUMENT
is available from the Department of Foreign Affairs website.
FREEDOM
DEPARTMENT
12.
Emplo THIS
yee entitlements
THE  THE
12.1
The Tenderer BY
represents that, having made all reasonable enquiries, there are currently no unsettled judicial
decisions against the Tenderer in respect of unpaid employee entitlements (not including decisions under appeal).
13.
Illegal Workers
13.1
The Tenderer declares that is does not engage Illegal Workers.
Note: see definition of "Illegal Workers" in the Glossary in Part 5 of this RFT.

Signature of person

making the declaration
Printed Name and Position

of Signatory:
Department of Health
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Signature of Witness:

Printed full name and

address of person before
whom the declaration is
made
Date

UNDER
(CTH) CARE
1982 AGED
ACT
RELEASED AND
BEEN HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE THE
BY
Department of Health
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Request for Tender

Schedule 3 – Tenderer Response Information
Response to the RFT must follow the outline/sequence in Schedule 3. Where a table is included, please
complete all the details in the table, and include the completed table in your response.

1.
Tenderer Information and Corporate Profile
1.1
The Tenderer should complete all details in the following table:

Tenderer details
Business or Trading Name

Full Legal Name of Tenderer

Entity type (e.g. company, sole trader,

incorporated association, statutory
authority, partnership, trustee on behalf
of a trust or other (as specified))
ABN (if applicable)

Is the Tenderer registered for GST?
Yes

No

ACN (if applicable)

UNDER
(CTH) CARE
Details of principal place of business /
[Please incl 1982
ude street address, telephone, fax]
head office
AGED
ACT
Date and place of incorporation or
RELEASED

AND
registration of business (if applicable)

BEEN
Nominated Contact details
HEALTH
Surname
HAS INFORMATION
OF

First name
OF

Position

Telephone num
DOCUMENT
ber

FREEDOM
DEPARTMENT
Facsimil
THIS
e number

Mobile p
THE  THE
hone n BY
umber

Email address

Postal address

Insurance details
Public liability insurance

Name of insurer
Policy number

Expiry date

Amount of current cover

Professional indemnity insurance

(if applicable)
Name of insurer
Department of Health
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Insurance details
Policy number

Expiry date

Amount of current cover

Workers’ compensation insurance

Name of insurer
Policy number

Expiry date

Product liability insurance

Name of insurer
Policy number

Expiry date

Amount of current cover

2.
Subcontractors
2.1
Tenderers should complete the following table for each nominated Subcontractor (if any).
UNDER
(CTH) CARE
2.2
Tenderers should note that the names of Subcontractors may be publicly disclosed and that
it is the responsibility of Tenderers to secure Sub 1982
contrAGED
actors’ agreement to this.

ACT
Subcontractor #
RELEASED AND
Business or Trading Name

Full Legal Name of legal entity
BEEN   HEALTH
Entity type (e.g. company, sole HAS
trader,

other (as specified)
INFORMATION
OF
ABN
OF

ACN (if applicable)

Details of princip DOCUMENT
al place of business /
[Note to Tenderers: Please include street address,
head office
FREEDOM
DEPARTMENT  telephone, fax.]
THIS
Details of the pTHE
art(s) THE
of the Products

which are propo BY
sed to be delivered by
the Subcontractor

3.
Organisation’s Response to Assessment Criteria
3.1
Tenderers should set out their responses to the Essential Corporate Attributes (See Section
21 above):
a)  Willingness to have their employees undergo additional security requirements
including those required to work on Department premises and access confidential
patient data.
b)  Ability to work within ethics committees’ approval frameworks.
c)  Australian citizenship for panel members’ employees on projects involving sensitive
data.
Department of Health
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d)  Ability to work within the Health IT environment, including familiarity with Service
Provider arrangements.

TENDERER’S RESPONSE

Maximum 1 pages preferred

3.2
Tenderers should set out their responses to the Desirable Corporate Attributes (See Section
21 above):

a)  Experience with health and/or aged care related data analytics;

b)  An understanding of the Australian health and aged care system and associated
administrative and other data sets including the legal and privacy constraints on the use
of health and aged care data;

c)  Familiarity with a range of analytic methods, for example descriptive statistics,
forecasting, affinity analysis, predictive modelling, cluster analysis, and pathways
analysis;

UNDER
(CTH) CARE
d)  Experience with one or more the analytics sof 1982
twarAGED
e packages that the Department
currently holds (includes Teradata, SAS Enterprise Guide, SAS Visual Analytics, SAS
Forecast Studio, SAS Enterprise Miner,  ACT
ESRI ARC GIS suite, COGNOS, R).
RELEASED AND

TENDERER’S RESPONSE
BEEN

HEALTH
Maximum 5 pages preferred
HAS INFORMATION
OF

OF
4.
Past Ex
DOCUMENT
perience and Performance (see Section 21 above)
4.1
To assess t
FREEDOM
he
DEPARTMENT
THIS  Tenderer’s capacity/capability to supply, deliver and support the services,
Tender THE
ers s
THE
hould provide details of similar services provided within the last three years (if
any). I
BY
n addressing this requirement, Tenderers should include:
(a)
the organisation(s) for whom the supplies /services were undertaken, including
contact details of referees;
(b)
the nature of the project and the outcome achieved by the Tenderer;
(c)
the period over which the work was undertaken; and
(d)
the value of the work undertaken.

TENDERER’S RESPONSE

Maximum 4 pages preferred

Department of Health
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5.
Tenderer Financial and Commercial Viability
5.1
The Tenderer should demonstrate its financial and commercial viability, and operational
stability.
5.2
This should include data from or for a financial analysis of its operations including
profitability, liquidity, insolvency, bankruptcy actions, working capital management
efficiency, financial structure, debt coverage and return on investment.
5.3
The Tenderer should provide any other information that will provide confidence to the
Department of the ability for the organisation to continue to effectively and efficiently
provide data analytics services for the duration of the Deed of Standing Offer.
5.4
The Department may also request further information and undertake its own independent
enquiries and assessment in relation to the Tenderer’s financial viability.

TENDERER’S RESPONSE

Maximum 3 pages preferred

UNDER
(CTH) CARE

1982 AGED
6.
Tenderer Corporate, Environmental and ACT
Social Commitment
RELEASED AND
6.1
The Tenderer should demonstrate its commitment to corporate, environmental and social
responsibility.
BEEN  HEALTH
6.2
This should include a d HAS
escription of activities, credentials, investments or awards
associated with contributio INFORMATION
OF
n to the Australian community and support for environmental
and ecological sustainabi OF
lity.
6.3
The tenderer should also disclose any penalties or sanctions imposed on its organisation or
leaders relaDOCUMENT
ting to environmental protection breaches.

FREEDOM
DEPARTMENT
THIS
TENDERER’S RESPONSE

THE  THE
Maximum 1 page p BY
referred

7.
Actions or Investigations
7.1
The Tenderer should provide particulars of any reporting, claim, petition, action, product
recall, judgement or decision that is likely to adversely affect its capacity to supply the
services under the panel.
7.2
Tenderers should provide details of whether or not they are aware that they are under
investigation, or the subject of court proceedings, in relation to a possible or actual breach
of any relevant legislation, and if applicable, provide details of the same.

Department of Health
33

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TENDERER’S RESPONSE

Maximum 2 pages preferred

8.
Risk management
8.1
Tenderers should set out in their Tender response:
(a)
the key issues and risks they consider are relevant to the provision of the services;
(b)
the Tenderer’s suggested approach to the issue and risk;
(c)
the Tenderer’s and Department’s roles in the suggested approach; and
(d)
the Tenderer’s risk management systems currently in place or proposed.

TENDERER’S RESPONSE

Maximum 3 pages preferred

UNDER
(CTH) CARE
1982 AGED
9.
Confidential Information
ACT
9.1
The Tenderer should specify any inf RELEASED AND
ormation which is contained in its Tender, or which
may be provided by it during this RFT process, that it considers should be protected as
Confidential Information by t BEEN
he Depart HEALTH
ment in respect of any resulting panel arrangement.
The Tenderer should also provide appropriate reasons why any such information should be
protected as Confidenti HAS
al Inf INFORMATION
ormati OF
on (see clause 35 of the RFT for further details).
9.2
Tenderers should:
OF
(a)
be aware that the Department reserves the right to publish the pricing of services
notDOCUMENT
ed in the tender responses; and
FREEDOM
DEPARTMENT
(b)  THIS
review the information available from the Department of Finance’s website for
THE
furthe THE
r detail about what information may be protected as Confidential Information
(seBY
e the Department of Finance’s Confidentiality Throughout The Procurement
Cycle).
`
Proposed Confidential
Reason why this information should be protected as
Information (refer to RFT or  Confidential Information
Schedule clause)

10.
Other information
10.1
Tenderers should provide any other information that addresses the Evaluation Criteria set
out in clause 21.1 of this RFT.

Department of Health
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TENDERER’S RESPONSE

Maximum 5 pages preferred

UNDER
(CTH) CARE
1982 AGED
ACT
RELEASED AND
BEEN HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE THE
BY
Department of Health
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Schedule 4 – Statement of Non-Compliance
1.
Statement of Non-Compliance
1.1
If a Tenderer does not comply with any provisions of the Draft Deed (Schedule 6), it
should include in its response below details of:
(a)
the provision that it does not comply with;
(b)
the alternative words for that provision as proposed by the Tenderer; and
(c)
any increase in its Tender price if the Department does not agree to the amendment.
1.2
The Department will consider any non-compliances or partial compliances in its evaluation
of other risks.
1.3
If Tenderers do not submit a response to this Schedule they will be evaluated on the basis
that they agree with all the provisions of the Draft Deed.
1.4
The Department does not intend to permit a Tenderer to re-open any provision of the Draft
Deed in negotiations that was not identified as an area of non-compliance or partial
compliance in a Tender.
UNDER
(CTH) CARE

1982 AGED
Deed clause
Nature of non-
Reas ACT
ons for non-compliance or partial compliance
or item no.
compliance
RELEASED AND

BEEN    HEALTH

HAS INFORMATION
OF
OF

DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE  THE
BY
Department of Health
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Schedule 5 – Pricing Schedule
1.
Pricing Schedule
1.1
Tenderers are required to provide a hourly rate, daily rate or weekly rate (inclusive of GST
and all costs of meeting the requirements of the Statement of Requirement) for the
provision of the services in the table below. For the purposes of comparison all pricing will
be compared at the hourly rate. Where this is not provided an hourly rate will be calculated
based on a 7.5 hour day or  a 5 day working week.
1.2
A breakdown of assumptions, variations or other qualifications relied upon for generating
the price should be provided.
1.3
The Department prefers that Tenderers lodge their pricing in Australian currency. Any
pricing lodged in foreign currency amounts will be converted to Australian currency for
evaluation purposes.
1.4
The Tenderer should indicate, in the table below, all fees, charges, and other costs which it
would seek to be paid for the Services and discounts offered.
1.5
All amounts are to be expressed as GST inclusive and will remained fixed for the initial
three years of the panel. If an extension to the panel is arranged organisations will have an
opportunity to revise their pricing.
UNDER
(CTH) CARE
1.6
Competitive neutrality requires that government 1982
busi AGED
ness activities should not enjoy net
competitive advantages over their private secACT
tor competitors simply by virtue of public
sector ownership.  Accordingly any RELEASED
Tenderers fr AND
om the public sector must demonstrate in
the pricing of their Tender that the requirements of competitive neutrality have been met,
including payment of relevant taxes and charges, rates of return and cost of funds.
Compliance with the requir
BEEN
ements of c HEALTH
ompetitive neutrality may be verified by the
Department.
HAS INFORMATION
OF

OF
Classification (e.g
Hourly Rate (inc
Daily Rate (inc
Weekly Rate (inc
Partner)
DOCUMENT
GST)
GST)
GST)

FREEDOM
DEPARTMENT

THIS

THE  THE

BY

Other Costs (e.g.

Travel)

Department of Health
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Schedule 6 – Draft Deed
See attached Deed of Standing Offer.

UNDER
(CTH) CARE
1982 AGED
ACT
RELEASED AND
BEEN  HEALTH
HAS INFORMATION
OF
OF
DOCUMENT
FREEDOM
DEPARTMENT
THIS
THE  THE
BY
Department of Health
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