Community Services Request for Tender template

Mandatory Requirements

[If there are no mandatory requirements for this Request, specify:]

There are no Mandatory Requirements specified for the purposes of this Request.

[And delete the information below.]

The State Party will not consider any Offer that does not meet the following Mandatory Requirements:

[Consider and insert appropriate mandatory requirements for this Request. Only criteria that are definite 'deal breakers' should be designated as mandatory requirements. The mandatory requirements should be used sparingly and cautiously. Failure to satisfy a mandatory requirement means the State Party must exclude an Offer from further consideration.]

(FOR EXAMPLE ONLY – Replace as applicable)

1. 
   Attendance at a Mandatory Briefing [Not to be included unless the briefing specified in part B, section 2.1 is mandatory.]
   

The Respondent must, itself or through its representative, have attended the mandatory briefing described in Part B, section 2.1.

RESPONDENT TO COMPLETE

(For example) Did the Respondent attend the mandatory briefing?

(Yes/No)

3. Disclosure Requirements

Respondents are to provide answers to ALL of the Disclosure Requirements below.

1. Insurance

The Respondent must confirm whether it has, or will obtain, all of the required insurances outlined below:

[Important note: the indicative insurance categories and amounts in this section do not represent ‘set’ minimum requirements. Insurance requirements should always be determined by an insurable assessment of the Service Agreement risk, and in consultation with Riskcover if required (ph: 9264 3333).

Examples of insurance details are provided below and are a guide only. Delete individual insurances if not applicable. However, please note that Worker’s Compensation insurance must be included to ensure compliance with statutory requirements.]

1. 
   Public Liability Insurance:
   
   • 
     Public liability insurance covering the legal liability of the Service Provider and the Service Provider’s personnel arising out of the Services for an amount of not less than [$5 million] for any one occurrence and unlimited in the aggregate.
     
2. 
   Professional Indemnity Insurance:
   
   • 
     Professional indemnity insurance covering the legal liability of the Service Provider and the Associates under the Service Agreement, if awarded, arising out of any act, negligence, error or omission made or done by or on behalf of the Service Provider, or any subcontractor in connection with the Service Agreement for a sum of [$1 million] for any one claim and in the annual aggregate, with a provision of one automatic reinstatement of the full sum insured in any one period of insurance.
     

[Delete the following extended Professional Indemnity Insurance requirements if not applicable:]

• 
  Professional Indemnity Insurance required under this clause must be extended to include:
  
  1. 
     fraud, dishonesty, defamation, breach of confidentiality, infringement of patent, copyright, design, trade mark or circuit layout rights;
     
  2. 
     loss of or damage to documents and data; and
     
  3. 
     breach of Chapters 2 and 3 of the Australian Consumer Law and the Australian Consumer Law (WA).
     
1. 
   Workers’ Compensation Insurance:
   
   • 
     Workers' compensation insurance in accordance with the provisions of the Workers' Compensation and Injury Management Act 1981 (WA), including cover for common law liability for an amount of not less than $50 million for any one occurrence in respect of workers of the Service Provider. The insurance policy must be extended to cover any claims and liability that may arise with an indemnity under section 175(2) of the Workers' Compensation and Injury Management Act 1981.
     
2. 
   Motor Vehicle Third Party Insurance:
   

• 
  Motor vehicle third party insurance covering legal liability against property damage and bodily injury to, or death of, persons (other than compulsory third party motor vehicle insurance) caused by motor vehicles used in connection with the Services for an amount of not less than [$30 million] for any one occurrence or accident.
  

5. 
   Compulsory Motor Vehicle Third Party Insurance:
   

Compulsory third party insurance as required under any statute relating to motor vehicles used in connection with the Services.

RESPONDENT TO COMPLETE

Does the Respondent have the required insurances specified in Section 7.3.1 above?

(Yes / No)

If Yes, please complete the table below*:

*Please note: while certificates of currency are not required at this stage of the Request process, the successful Respondent will be required to provide copies prior to the commencement of the Service Agreement.

	Insurer	ABN	Policy No.	Insured Amount	Expiry Date	Exclusions, if any
1.Public Liability Insurance
2. Professional Indemnity [delete row if not applicable]
3. Workers’ Compensation including common law liability of $50 million
4. Motor Vehicle Third Party Insurance [delete row if not applicable]
5. Compulsory Motor Vehicle Third Party Insurance [delete row if not applicable]

If no, does the Respondent confirm that if it is awarded a Service Agreement as a result of this Request process, that the required insurance policies as set out in Section 7.3.1 above will be obtained prior to the commencement of the Service Agreement?

(Yes / No)

If No, please provide reasons why:

2. Contractual Compliance

The Respondent must confirm whether it will comply with the terms of the proposed Service Agreement (including, without limitation, the Service Agreement Details listed in Part F and the General Provisions).

RESPONDENT TO COMPLETE

Does the Respondent agree to comply with the terms of the proposed Service Agreement as detailed in section 7.3.2 above?

(Yes / No)

If No, the Respondent must set out:

1. 
   the clause or provision it will not comply with;
   
2. 
   the extent of non-compliance – including the alternative clause or provision, if any, or a description of any changes it requires to the Service Agreement; and
   
3. 
   the reason for non-compliance.
   

3. Criminal Convictions

The Respondent must disclose whether:

• 
  the Respondent; or
  
• 
  any Director or other Officer of the Respondent; or
  
• 
  any Specified Personnel;
  

has been convicted of a criminal offence that is punishable by imprisonment or detention. The Respondent is not required to disclose convictions that are spent convictions under the Spent Convictions Act 1998 (WA) or equivalent legislation of another State or Territory of Australia.

RESPONDENT TO COMPLETE

Has any person described in Section 7.3.3 above been convicted of a criminal offence that requires disclosure under this Section?

(Yes / No)

If Yes, please provide details:

4. Conflict of Interest

The Respondent must declare and provide details of any actual, potential or perceived conflicts of interest.

RESPONDENT TO COMPLETE

Are there any circumstances, arrangements or understandings which constitute, or may reasonably be perceived to constitute, an actual or potential conflict of interest with either the Respondent’s obligations under this Request or the performance of the Service Agreement (if awarded) by the Respondent?

(Yes / No)

If Yes, please provide details below as to how the actual, potential or perceived conflict of interest arises and provide details of the Respondent’s strategy for managing it:

5. Respondent Capacity, Association and Subcontracting

The Respondent is required to disclose whether it is acting as an agent or a trustee for another person/s, whether it is acting jointly or in association with another person/s (in a consortium), or whether it has engaged, or intends to engage, another person/s as a subcontractor in connection with the supply of these services.

RESPONDENT TO COMPLETE

Is the Respondent acting as an agent or trustee for another person or persons?

(Yes / No)

If Yes, please provide details:

Is the Respondent acting jointly or in association with another person or persons (i.e. a consortium)?

(Yes / No)

If Yes, please provide details:

Has the Respondent engaged, or does the Respondent intend to engage, another person or persons as a subcontractor in connection with the supply of services under this potential Service Agreement.

(Yes / No)

If Yes, please provide details:

6. Professional Standards Scheme

[Delete section 7.3.6 ‘Professional Standards Scheme’ if not applicable]

The Respondent is required to disclose whether it is a member of an occupational association for which a scheme has been approved under the Professional Standards Act 1997 (WA) or equivalent legislation of another State or Territory of Australia.

RESPONDENT TO COMPLETE

Is the Respondent a member of an occupational association for which a scheme has been approved under the Professional Standards Act 1997 (WA) or equivalent legislation of another State or Territory?

(Yes / No)

If Yes, please provide details:

7. Referee Details

[Delete section 7.3.7 ‘Referee Details’ if not applicable]

The Respondent is required to provide the contact details of at least two referees who have worked with the Respondent in the delivery of similar services.

RESPONDENT TO COMPLETE

Is the Respondent able to provide the name and contact details of at least two referees who have worked with the Respondent in the delivery of similar services?

(Yes / No)

If Yes, please provide details below (name, position title, company name, contact telephone number and project/contract/Service Agreement title):

If No, please provide an explanation:

8. Financial Viability

[Consider whether the State Party requires this information prior to its inclusion as the provision of audited financial statements may increase the administrative burden faced by organisations responding to this Request. The State Party may retain this section for respondents that have answered ‘No’ to section 7.1 Respondent Details which states ‘Is the Respondent’s financial information available via the Australian Charities and Not-for-profits Commission’s (ACNC) Register, and does the Respondent agree that the State Party can use this information in lieu of the Respondent providing it as part of its Offer***?’

Delete section 7.3.8 ‘Financial Viability’ if not applicable or amend as required.]

If you have answered Yes to section 7.1, question ‘Is the Respondent’s financial information available via the Australian Charities and Not-for-profits Commission’s (ACNC) Register, and does the Respondent agree that the State Party can use this information in lieu of the Respondent providing it as part of its Offer***?’, section 7.3.8 does not need to be completed.

The Respondent is required to provide audited annual financial reports (or if not available, then at the discretion of the State Party, financial accounts prepared by an external certified accountant) if they do not already provide services on behalf of the State Party. This requirement includes:

• 
  the full financial statements for the most recent two financial years including profit and loss statements for each year, balance sheets as at the end of each year and a statement of cash flows for each year.
  

RESPONDENT TO COMPLETE

If the Respondent does not already provide services on behalf of the State Party, is the Respondent willing and able to provide full financial statements in accordance with section 7.3.8?

(Yes / No)

If Yes, [please attach relevant financial statements to this Offer] or [the Respondent will be required to produce the relevant reports at the request of the State Party].

If No, please provide an explanation below:

9. Competitive Neutrality

[Delete section 7.3.9 ‘Competitive Neutrality’ if not applicable]

If the Respondent is a tertiary institution or a statutory or government body (including a Public Authority), the Respondent’s Offer must:

• 
  be calculated on a full commercial basis (in accordance with the Costing and Pricing Government Services Guidelines issued by the Western Australian Department of Treasury available at http://www.treasury.wa.gov.au/Treasury/Publications/Financial_Policy_Publications;
  
• 
  be certified by the Chief Executive Officer of the Respondent; and
  
• 
  be verified by an independent expert, if appropriate.
  

Certification must be in the form of a letter from the Chief Executive Officer of the Respondent certifying that the Offer has been calculated on a full commercial basis.

RESPONDENT TO COMPLETE

If the Respondent is a tertiary institution or a statutory or government body (including a Public Authority), has the Respondent included certification in accordance with section 7.3.9?

(Yes / No / N/A)

If Yes, please attach certification letter from the Chief Executive Officer.

If No, please provide an explanation:

4.