Question 2 of Addendum 6 of RFT No. PRI00003859

Denis Jakota made this Freedom of Information request to Department of Industry, Innovation and Science

Currently waiting for a response from Department of Industry, Innovation and Science, they must respond promptly and normally no later than (details).

From: Denis Jakota

Delivered

Dear Department of Industry, Innovation and Science,

This application is in regard to Question 2 of Addendum 6 of RFT No. PRI00003859:

https://www.tenders.gov.au/Atm/DownloadA...

I am seeking all department correspondence that is related to this question. Please also include any document that considers the relevant issues (e.g. legal advice).

Please feel free to remove all duplicate documents.

Please feel free to remove the identity of the person making the inquiry, however please do not remove the original question as asked.

Please do not remove the names of any APS employees.

Kind regards,

Denis Jakota

Link to this

From: Freedom of Information
Department of Industry, Innovation and Science

Dear Denis

I refer to your FOI request below.

The link you have provided opens to a log on screen, we are not able to see which document you are referring to.

Could you please provide more information or the document with question 2 of Addendum 6 of RFT No. PRI00003859 to make sure we are searching the correct documents.

Until clarification is received, the department is unable to process your request and your request will be placed on hold until further notice.

Regards

Sasha

FOI Team
Legal, Audit and Assurance | Corporate & Digital
GPO Box 2013, Canberra ACT 2601

Department of Industry, Science, Energy and Resources | www.industry.gov.au

Supporting economic growth and job creation for all Australians

Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone and delete copies of this transmission together with any attachments.

OFFICIAL

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Link to this

From: Denis Jakota

Delivered

Dear Sasha,

I believe this direct link should work:
https://s3-ap-southeast-2.amazonaws.com/...

In case the above link does not work for you, I have pasted the text content of the document below my signature below.

Kind regards,

Denis Jakota

============

REQUEST FOR TENDER (RFT) NO. PRI00003859
Regional Incubator Facilitators
ADDENDUM NUMBER 6

Questions and Answers

As at 1 February 2018

Question 1.

Is an Incorporated Not For Profit, which has Annual Audits, eligible
under the entry criteria? Could a Not For Profit with annual Auditing be
considered as an applicant under this application process or is it strictly
for a Registered Company with a ACN?

Answer 1.

For the avoidance of doubt, to be a successful tenderer you must be, or must
become, a company incorporated under the Corporations Act 2001 (the Act)
with an Australian Company Number.

It is not sufficient to be, or to become, an entity incorporated under another
piece of legislation or to be registered under the Act as a registered Australian
body with an Australian Registered Body Number.

The department cannot provide advice on your eligibility for being
incorporated under the Act. You should contact ASIC if you require any
further information on becoming company incorporated under the Act.

Question 2.

If an applicant has or is employed or subcontracted with a Business
Incubator would that Incubator still be eligible to apply for Regional
Incubator funding?

Answer 2.

To be eligible to participate in the Regional Incubator Facilitator request for
tender, all tenderers must meet the conditions of participation. These
conditions do not preclude companies from tendering where they have
received or intend to apply for the Incubator Support Initiative.
If a company was successful in the tender process for the Regional Incubator
Facilitator role this would also not preclude the company from applying for the
Incubator Support initiative.

-- Page 2 --

Eligibility of applications under the Incubator Support initiative is determined
at the time of application in line with the eligibility criteria outlined in the
Programme Guidelines available on business.gov.au.

If a company that is an incubator or provides incubator services was successful
in the tender process, the company would need to ensure that the individual
fulfilling the Regional Incubator Facilitator services:
• did not complete any work for the incubator, for example, but not
limited to, delivery of programs and services, promotion of the
incubator’s services;
• is engaged solely to conduct Regional Incubator Facilitator
services;
• and there is a clear and visible separation between the Regional
Incubator Facilitator and the incubator.

In addition, the Regional Incubator Facilitator would not be able to provide
assistance to the incubator or review it’s applications in relation to the
Incubator Support initiative. A different Regional Incubator Facilitator would
be allocated to conduct these activities.

It is also noted that successful tenderers need to ensure compliance with the
contract clauses, including those related to confidentiality and conflict of
interest, and this would continue to apply in the described situation.

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