defence.gov.au · Web viewDepartment of Defence - Managing Contractor Contract (MCC-1 2021) - Invitation to Register Interest-[insert project name and description of works, as applicable]

ATM ID: [INSERT ATM NUMBER]

PROJECT NO: [INSERT PROJECT NUMBER]

PROJECT NAME: [INSERT PROJECT NAME AND DESCRIPTION OF WORKS, AS APPLICABLE]

MANAGING CONTRACTOR CONTRACT (MCC-1 2021)

INVITATION TO REGISTER INTEREST

[LAST AMENDED: 16 JULY 2021 - PLEASE REMOVE BEFORE THE INVITATION TO REGISTER INTEREST IS PUBLISHED ON AUSTENDER OR OTHERWISE ISSUED TO

APPLICANTS]

Please note:

matters in [SQUARE BRACKETS AND ITALICS] are to be completed by Defence before the Invitation to Register Interest is published on AusTender or otherwise issued to Applicants; and

matters in [SQUARE BRACKETS AND BOLD] are to be completed by the Applicant before lodging a Registration of Interest.

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Department of Defence - Managing Contractor Contract (MCC-1 2021) - Invitation to Register Interest - [insert project name and description of works, as applicable]

1. INFORMATION FOR APPLICANTS

1.1 The Project and the Works

At the time this invitation to register interest (Invitation to Register Interest) is published on AusTender or otherwise issued to persons or entities interested in selection for the tender phase (Applicant):

(a) the project includes the following:

[INSERT BRIEF DESCRIPTION OF THE PROJECT]; and

(b) the works include the following:

[INSERT BRIEF DESCRIPTION OF THE WORKS].

[IF THERE WILL BE MORE THAN ONE PACKAGE OF WORKS, ALSO DESCRIBE THE OTHER PACKAGES OF WORKS FORMING PART OF THE PROJECT.]

1.2 Form of Contract

At the time this Invitation to Register Interest is published on AusTender or otherwise issued to the Applicant, the Commonwealth of Australia (Commonwealth) intends to deliver the works using the managing contractor delivery method, under the Defence Managing Contractor Contract (MCC-1 2021). This is a standard form contract and is available from the Defence Estate Quality Management System website located at www.defence.gov.au/estatemanagement.

1.3 Timeframe

At the time this Invitation to Register Interest is published on AusTender or otherwise issued to the Applicant, the Commonwealth anticipates that the award date for the contract will be in or about [INSERT MONTH AND YEAR] with completion of the works in or about [INSERT MONTH AND YEAR].

1.4 Estimated Value of the Works

At the time this Invitation to Register Interest is published on AusTender or otherwise issued to the Applicant, the estimated value of the works is between [INSERT] and [INSERT].

1.5 ITR Administrator

The Commonwealth has appointed [INSERT NAME OF LEGAL ENTITY E.G. ABC PTY LTD ATTN: JOHN/JOAN SMITH] (ITR Administrator) to assist it in administering the Invitation to Register Interest and the registration of interest process.

1.6 AusTender, the Australian Government Tender System

(a) 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 registration of interest process, the Applicant must comply with those terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on AusTender at https://www.tenders.gov.au/infolinks/termsofuse.

(b) The Applicant must direct all queries and requests for technical or operational support related to AusTender to:

AusTender Help Desk

Telephone: 1300 651 698

International: +61 2 6215 1558

Email: [email protected]

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mailto:[email protected]


The AusTender Help Desk is available between 9.00am and 5.00pm ACT Local time, Monday to Friday (excluding ACT and national public holidays).

(c) The Applicant must direct all questions related to the Invitation to Register Interest or the registration of interest process to the ITR Administrator under clause 4.1(a).

(d) Without limiting paragraph (a), the Applicant's attention is drawn to clauses 1.8 and 1.9 of the AusTender terms and conditions in relation to late receipt of Registrations of Interest and proof of lodgement.

2. SELECTION PROCESS AND EVALUATION CRITERIA

[NOTE THAT THE EVALUATION CRITERIA, MINIMUM FORM AND CONTENT REQUIREMENTS AND CONDITIONS FOR PARTICIPATION SPECIFIED IN THIS CLAUSE 2 FOR EACH PHASE OF THE SELECTION PROCESS MUST BE CONSISTENT WITH THE APPROVED PROJECT DEVELOPMENT AND DELIVERY PLAN OR EVALUATION PLAN. IF THERE IS ANY AMENDMENT TO THE EVALUATION CRITERIA, THIS MUST BE COMMUNICATED TO APPLICANTS BY WAY OF AN ADDENDUM.]

This is the first phase of a two phase selection process. The Commonwealth anticipates inviting no more than [INSERT E.G. "5"] shortlisted Applicants to lodge a tender for the contractor's activities and the works.

Applicants are requested to provide a clear and succinct statement of their capabilities in the response to the Invitation to Register Interest (Registration of Interest).

Subject to the Invitation to Register Interest, the Commonwealth:

(a) will, in considering a Registration of Interest, apply the following evaluation criteria:

(i) preliminary proposals ([INSERT]% weighting). The extent to which the Applicant has demonstrated that it comprehends key issues and will implement appropriate solutions, resources and management strategies in performing the contractor's activities, achieving completion of the works and otherwise meeting its obligations under the contract if it is the successful tenderer, including in respect of the following particular concerns:

A. [INSERT PARTICULAR CONCERNS - THIS SHOULD BE BASED ON RISKS IDENTIFIED IN THE PROJECT DEVELOPMENT AND DELIVERY PLAN, TAILORED APPROPRIATELY FOR THE INVITATION TO REGISTER INTEREST];

B. [INSERT PARTICULAR CONCERNS - THIS SHOULD BE BASED ON RISKS IDENTIFIED IN THE PROJECT DEVELOPMENT AND DELIVERY PLAN, TAILORED APPROPRIATELY FOR THE INVITATION TO REGISTER INTEREST]; and

C. site management, environmental management, labour regulations (including ethical employment practices), work health and safety, quality, ecologically sustainable development (ESD), whole of life (WOL) and commissioning and handover,

(noting that the type of information the Commonwealth is seeking is outlined in Schedule A - PRELIMINARY PROPOSALS, Schedule B - PROPOSED RESOURCES and Schedule C - PREVIOUS PERFORMANCE);

(ii) proposed resources ([INSERT]% weighting). The extent to which the Applicant has demonstrated that it has the resources and capacity to perform the contractor's activities, achieve completion of the works and otherwise meet its obligations under the contract if it is the successful tenderer (noting that the type of information the Commonwealth is seeking is outlined in Schedule B - PROPOSED RESOURCES);

(iii) previous performance ([INSERT]% weighting). The extent to which the Applicant has demonstrated that it has the experience and ability to perform the contractor's activities,

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achieve completion of the works and otherwise meet its obligations under the contract if it is the successful tenderer (noting that the type of information the Commonwealth is seeking is outlined in Schedule C - PREVIOUS PERFORMANCE); and

(iv) information security (no weighting, the Registration of Interest will be evaluated with reference to whether or not this evaluation criterion is met). Whether or not the Applicant has demonstrated that it has the ability to meet its information security obligations if it is invited to lodge a tender for the contractor's activities and the works and will otherwise meet its obligations under the contract if it is the successful tenderer (noting that the type of information the Commonwealth is seeking is outlined in Schedule D - INFORMATION SECURITY);

(b) in considering a Registration of Interest, may (in its absolute discretion):

(i) obtain and take into account information from referees, enquiries and investigations, including from referees on prior or current projects on which an Applicant may have been involved (whether or not nominated by the Applicant in its Registration of Interest) and in connection with any other Commonwealth project;

(ii) take into account any information lodged by the Applicant in any registration of interest process, tender process or similar procurement process in connection with this project or any other Commonwealth project; and

(iii) without limiting any other right or remedy of the Commonwealth (under this Invitation to Register Interest or otherwise at law or in equity), decide not to evaluate a Registration of Interest (or continue to evaluate a Registration of Interest) if the Applicant has failed to comply with any of its obligations in this Invitation to Register Interest or has otherwise acted inconsistently with the registration of interest process; and

(c) anticipates that, in relation to the second phase of this two-phase selection process, when a tender is lodged by a shortlisted Applicant for the contractor's activities and the works:

(i) minimum form and content requirements for that tender will comprise:

A. a 180 day tender validity period (which, if the procurement is suspended under or in connection with the Judicial Review Act, will be extended by the period of suspension up to a maximum of 360 days);

B. completion and lodgement of a tender schedule in relation to the Indigenous Procurement Policy; and

C. other than to the extent permitted under the Tender Conditions forming part of the Tender Documents, the acceptance (without departure, qualification, amendment, limitation or exclusion) of the proposed contract;

(ii) conditions for participation will include that the shortlisted Applicant meets the eligibility requirements in section 23 of the Building Code 2016; and

(iii) the Commonwealth will apply the following evaluation criteria:

A. project understanding ([INSERT]% weighting). The extent to which the shortlisted Applicant has demonstrated that it comprehends key issues and will implement appropriate solutions, resources and management strategies in performing the contractor's activities, achieving completion of the works and otherwise meeting its obligations under the proposed contract;

B. proposed resources ([INSERT]% weighting). The extent to which the shortlisted Applicant has demonstrated that it has the resources and capacity to perform the contractor's activities, achieve completion of the works and otherwise meet its obligations under the proposed contract;

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C. local industry capability ([INSERT]% weighting). The extent to which the shortlisted Applicant has demonstrated its commitment to local industry participation and will implement appropriate solutions and management strategies to ensure that local industry is given full, fair and reasonable opportunity to participate in the delivery of the works;

D. [INSERT THIS EVALUATION CRITERION IF THE APPROVED PROJECT DEVELOPMENT AND DELIVERY PLAN OR EVALUATION PLAN SPECIFIES THAT PREVIOUS PERFORMANCE IS TO BE AN EVALUATION CRITERION FOR THE SECOND PHASE OF THE EVALUATION PROCESS] previous performance ([INSERT]% weighting). The extent to which the shortlisted Applicant has demonstrated that it has the experience and ability to perform the contractor's activities, achieve completion of the works and otherwise meet its obligations under the proposed contract;

E. program ([INSERT]% weighting). The extent to which the shortlisted Applicant has demonstrated that it will satisfactorily program the contractor's activities, achieve completion of the works and otherwise meet its obligations under the proposed contract;

F. Indigenous Procurement Policy (no weighting, the tender will be evaluated with reference to whether value for money has been demonstrated). The extent to which the shortlisted Applicant has demonstrated its commitment to increasing Indigenous participation (including, if applicable, in respect of any remote area) and that it will otherwise meet its obligations under the proposed contract;

G. Commonwealth Procurement Rules compliance (no weighting, the tender will be evaluated with reference to whether value for money has been demonstrated). The extent to which the shortlisted Applicant has demonstrated its capability to meet the applicable Australian standards, provided details of its practices regarding labour regulations and ethical employment and promoting environmental sustainability in relation to the contractor's activities;

H. financial (no weighting, the tender will be evaluated with reference to whether value for money has been demonstrated). The extent to which the shortlisted Applicant has demonstrated that its financial model, when considered in conjunction with all other evaluation criteria and all other information, is value for money;

I. alternative proposals (if any) (no weighting, the tender will be evaluated with reference to whether value for money has been demonstrated). The extent to which the shortlisted Applicant has demonstrated greater value for money in any alternative proposal lodged; and

J. miscellaneous matters for evaluation:

1) insurance details and levels and shortlisted Applicant's commercial-in-confidence information (no weighting, the tender will be evaluated with reference to whether value for money has been demonstrated); and

2) information security (no weighting, the tender will be evaluated with reference to whether or not this evaluation criterion is met). Whether or not the shortlisted Applicant has demonstrated that it has the ability to meet its information security obligations under the proposed contract.

The evaluation criteria and corresponding weightings for each evaluation criterion, as well as the minimum form and content requirements and conditions for participation, for the second phase of this two-phase selection process will be set out in the request for tender documentation to be issued to the shortlisted Applicants in that second phase,

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and may differ from the above only to the extent that there is any change to the information contained in paragraph (c) made before the issue of the request for tender documentation.

3. REGISTRATION OF INTEREST

3.1 Conforming Registration of Interest, including ATM Close Date and ATM Close Time, Minimum Form and Content Requirements and Conditions for Participation

To lodge a conforming Registration of Interest:

(a) the Registration of Interest must be:

(i) lodged electronically via AusTender at www.tenders.gov.au; and

(ii) received before [INSERT ATM CLOSE DATE E.G. "DAY-MONTH-YEAR" HAVING REGARD TO THE MINIMUM TIMEFRAMES SPECIFIED IN THE COMMONWEALTH PROCUREMENT RULES AND DEFENCE POLICY] 12.00 noon ACT Local time (ATM Close Date and ATM Close Time);

(b) if clause 23 applies, the Applicant must, at the time of lodging its Registration of Interest, satisfy the minimum form and content requirement for this registration of interest process being that the Applicant must complete and lodge Schedule G - Statement of Tax Record; and

(c) the Applicant must, at the time of lodging its Registration of Interest, satisfy each condition for participation as follows:

(i) the Applicant meets the eligibility requirements in section 23 of the Building Code 2016 (as defined in clause 13.5); and

(ii) each additional condition for participation specified in Schedule E - ADDITIONAL CONDITIONS FOR PARTICIPATION (if any).

3.2 Non-Conforming Registration of Interest

The Applicant acknowledges that:

(a) it is responsible for lodging its Registration of Interest in accordance with clause 3.1(a) and managing all surrounding risks, including those associated with the use of AusTender and all information technology risks. If the Registration of Interest is not lodged in accordance with clause 3.1(a), the Registration of Interest will be non-conforming and will not be evaluated (or continue to be evaluated), unless the reason it was not lodged in accordance with clause 3.1(a) was solely due to mishandling by the Commonwealth;

(b) if clause 23 applies, if the Applicant does not satisfy the minimum form and content requirement specified under clause 3.1(b), the Registration of Interest will be non-conforming and will not be evaluated (or continue to be evaluated) unless the Commonwealth considers (in its absolute discretion) that the failure to satisfy the minimum form and content requirement was due to an unintentional error by the Applicant. If the Commonwealth considers (in its absolute discretion) that the failure to satisfy the minimum form and content requirement may be due to an unintentional error by the Applicant:

(i) the ITR Administrator will notify the Applicant by email that there has been a failure to satisfy the minimum form and content requirement and that it requires the Applicant to provide a response to the ITR Administrator by email by the time and date specified in the notice; and

(ii) the Commonwealth may (in its absolute discretion) review and accept any correction of an unintentional error in respect of the minimum form and content requirement provided in the Applicant's response; and

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(c) if the Applicant does not satisfy each condition for participation specified under clause 3.1(c), the Registration of Interest will be non-conforming and will not be evaluated (or continue to be evaluated).

3.3 Administrative Arrangements

(a) To assist the Commonwealth in identifying the Applicant, identifying its Registration of Interest and evaluating its Registration of Interest, the Applicant is requested to:

(i) provide the information requested in the Registration of Interest Form;

(ii) provide the information requested in:

A. Schedule A - PRELIMINARY PROPOSALS;

B. Schedule B - PROPOSED RESOURCES;

C. Schedule C - PREVIOUS PERFORMANCE;

D. Schedule D - INFORMATION SECURITY;

E. Schedule E - ADDITIONAL CONDITIONS FOR PARTICIPATION;

F. Schedule F - Building Code 2016; and

G. if clause 23 applies, (minimum form and content requirement) Schedule G - Statement of Tax Record,

each in separate, stand-alone, unsecured electronic documents/files in [INSERT E.G. MICROSOFT WORD VERSION X (OR ABOVE), MICROSOFT EXCEL VERSION X (OR ABOVE AND/OR PDF VERSION X (OR ABOVE)] format;

(iii) lodge (in respect of the information described under subparagraphs (i) and (ii)) files which:

A. identify:

1) the project;

2) the Applicant's name; and

3) the relevant Registration of Interest Form and Schedule references;

B. do not exceed the file size of [INSERT] megabytes per upload (with files compressed or zipped as required);

C. do not contain any virus, malicious code or any other matter or thing which might affect the integrity, useability, security or operation of the Commonwealth's or ITR Administrator's systems; and

D. do not contain macros, scripts or executable codes of any kind;

(iv) lodge its Registration of Interest in accordance with the response lodgement procedures described in the Invitation to Register Interest and on AusTender. The Registration of Interest must be completely self-contained, without hyperlinks or other material incorporated by reference;

(v) unless otherwise specified, express measurements in Australian legal limits of measurement; and

(vi) ensure that all contents are clear, legible and readable by using appropriate print colours and font sizes (equivalent to at least Arial 10 point or Times New Roman 11 point),

but these are not minimum form and content requirements for its Registration of Interest.

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(b) If the ITR Administrator (in its absolute discretion) notifies the Applicant by email that the Applicant is to provide clarification or authentication of material included in the Registration of Interest (including any scanned or imaged material such as the Registration of Interest Form or other documents or information), the Applicant must provide the originals of such material:

(i) by post to the ITR Administrator at the postal address specified in the ITR Administrator's notice; and

(ii) by the time and date specified in the ITR Administrator's notice,

but these are not minimum form and content requirements for its Registration of Interest.

4. QUESTIONS, AMENDMENTS TO INVITATION TO REGISTER INTEREST AND INFORMATION DOCUMENTS

(a) If the Applicant finds any discrepancy, ambiguity, error or omission in the Invitation to Register Interest, has any questions or concerns, or wishes to make any enquiry regarding the Invitation to Register Interest or the registration of interest process, it must notify the ITR Administrator by email no later than 7 days prior to the ATM Close Date and ATM Close Time. Subject to the Commonwealth Procurement Rules, neither the Commonwealth nor the ITR Administrator is obliged to respond to all such notices, questions, concerns or enquiries. The Commonwealth may (in its absolute discretion) respond to such notices, questions, concerns or enquiries in the form of addenda under paragraph (b) or as an information document under paragraph (c).

(b) The Commonwealth may (in its absolute discretion) amend the Invitation to Register Interest at any time prior to the ATM Close Date and ATM Close Time. All amendments to the Invitation to Register Interest will be in the form of addenda published on AusTender (with attachments to addenda being published on AusTender or issued by the ITR Administrator by email or post as indicated in the addendum). No explanation or interpretation of the Invitation to Register Interest may be relied upon by the Applicant unless in the form of addenda. All addenda issued under this paragraph (b) will become part of the Invitation to Register Interest.

(c) The Commonwealth may (in its absolute discretion) publish a document expressly stated to be an "information document" at any time prior to the ATM Close Date and ATM Close Time. All information documents will be published on AusTender (with attachments to the information document being published on AusTender or issued by the ITR Administrator by email or post as indicated in the information document). All information documents under this paragraph (c) are provided for the "information only" of the Applicant. No information document under this paragraph (c) will become part of the Invitation to Register Interest. This paragraph (c) applies notwithstanding that AusTender describes such documents as "addenda" or "ATM documents".

(d) The Applicant acknowledges that:

(i) it will not in any way rely upon:

A. the information documents; or

B. the relevance, completeness, accuracy or adequacy of the information documents,

for the purposes of preparing its Registration of Interest, and if it is invited to lodge a tender for the contractor's activities and the works, preparing, amending or negotiating its tender or entry into any contract with the Commonwealth;

(ii) it will prepare its Registration of Interest, and if it is invited to lodge a tender for the contractor's activities and the works, its tender, and enter into any contract with the Commonwealth based on its own investigations, interpretations, deductions, information and determinations;

(iii) neither the Commonwealth, the ITR Administrator nor anyone on the Commonwealth's behalf, warrants, guarantees or makes any representation about:

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A. the relevance, completeness, accuracy or adequacy of the information documents; or

B. whether or not any other information exists;

(iv) the Commonwealth does not owe any duty of care to the Applicant with respect to the information documents; and

(v) to the extent permitted by law, the Commonwealth will not be liable upon any claim by the Applicant arising out of or in connection with the information documents.

This paragraph (d) applies notwithstanding that AusTender describes such documents as "addenda" or "ATM documents".

(e) In the event of a discrepancy between:

(i) a communication by AusTender and a communication by any other form of communication, the communication by AusTender will prevail; and

(ii) a communication by email and a communication by post, the communication by post will prevail.

5. REGISTRATION OF INTEREST PROCESS ACKNOWLEDGEMENTS


(a) to the extent permitted by law:

(i) the Commonwealth does not intend to create any contract or other relationship under which the Commonwealth is legally obliged to conduct the registration of interest process in any manner or at all and that there is in fact no such contract or other relationship in existence;

(ii) there will be no procedural or substantive limitation upon the manner in which the Commonwealth may (in its absolute discretion) conduct the registration of interest process;

(iii) without limiting any other clause of this Invitation to Register Interest, the Commonwealth does not make any warranty, guarantee or representation about:

A. the relevance, completeness, accuracy or adequacy of any information document or whether or not any other information exists; or

B. an Applicant's Registration of Interest, the Commonwealth's requirements for the contractor's activities, the works, the project or the way in which it will evaluate Registrations of Interest arising out of or in connection with anything which the Commonwealth states or does or omits to state or do in, arising out of or in connection with any industry briefing or presentation under clause 17;

(iv) the Commonwealth does not owe any duty of care to the Applicant in respect of any information document or in connection with any industry briefing or presentation under clause 17; and

(v) the Applicant will not in any way rely upon any information document (or the relevance, completeness, accuracy or adequacy of any information document) or any industry briefing or presentation under clause 17 for the purposes of preparing, amending or negotiating its Registration of Interest or tender, or entry into any contract with the Commonwealth;

(b) without limiting subparagraph (a)(ii), if the Commonwealth believes (in its absolute discretion) that it may do so in accordance with the Commonwealth Procurement Rules or the Commonwealth is required by law to do so, the Commonwealth may vary, suspend, discontinue or terminate the registration of interest process at any time and for any reason; and

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(c) the Commonwealth is proceeding with the registration of interest process strictly on the basis of, and in reliance upon, the acknowledgements set out in this clause 5.

6. NOTIFICATION AND DEBRIEF

(a) If the Applicant:

(i) did not lodge a conforming Registration of Interest:

A. the Commonwealth will notify the Applicant by email or post; and

B. unless the Commonwealth considers (in its absolute discretion) that it would be appropriate in the particular circumstances to do so, no debrief will be provided; or

(ii) did lodge a conforming Registration of Interest, the Commonwealth will notify the Applicant by email or post if its Registration of Interest was successful or unsuccessful.

(b) The Applicant may, within 14 days of receipt of notice from the Commonwealth under:

(i) paragraph (a)(i)A, notify the ITR Administrator by email that the Applicant requests the Commonwealth exercise its discretion to provide a debrief (such request to include reasons why the Applicant considers that it would be appropriate in the particular circumstances for the Commonwealth to conduct a debrief); or

(ii) paragraph (a)(ii), the Applicant may notify the ITR Administrator by email that a debrief is requested.

(c) If a request is made under (b)(i), the ITR Administrator will notify the Applicant by email whether the Commonwealth, in the exercise of its absolute discretion, has agreed to provide a debrief.

(d) If:

(i) a request is made under paragraph (b)(ii); or

(ii) the ITR Administrator has notified the Applicant under paragraph (c) that the Commonwealth agrees to provide a debrief,

then:

(iii) the Commonwealth will determine (in its absolute discretion) a suitable time, date and place for the debrief;

(iv) the ITR Administrator will notify the Applicant by email of the time, date and place of the debrief; and

(v) the Commonwealth will provide the debrief.

(e) The purpose of the debrief is to discuss the reasons why the Applicant's Registration of Interest was non-conforming, successful or unsuccessful (as the case may be) and neither the Commonwealth nor the ITR Administrator is obliged to make any comparison with or provide any information about any other Applicant or Registration of Interest at the debrief.

7. COSTS AND CLAIMS

(a) Without limiting any other provision of this Invitation to Register Interest and except to the extent of any compensation awarded under the Judicial Review Act, no payment will be made by the Commonwealth to the Applicant or any other person or entity for any costs, expenses, losses or damages incurred or suffered by the Applicant or any other person or entity arising out of or in connection with preparing a Registration of Interest, the registration of interest process (including an industry briefing or a debrief) or any failure to comply with the Invitation to Register Interest.

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(b) The Applicant lodges its Registration of Interest and, if it is invited to lodge a tender for the contractor's activities and the works, its tender for the contractor's activities and the works, on the basis that it releases the Commonwealth from all claims (at law or in equity) in respect of any costs, expenses, losses or damages incurred or suffered by the Applicant or any other person or entity arising out of or in connection with preparing a Registration of Interest, the registration of interest process (including an industry briefing or a debrief) or any failure to comply with the Invitation to Register Interest.

8. JOINT BIDS

(a) The Commonwealth offers the Applicant the opportunity to lodge its Registration of Interest on a Joint Bid Basis.

(b) For the purposes of the Invitation to Register Interest, Joint Bid Basis means a Registration of Interest lodged:

(i) by an unincorporated joint venture; or

(ii) on any other basis involving more than one party where the Commonwealth is relying upon a representation that those parties will be jointly and severally responsible for performing the contractor's activities, achieving completion of the works and otherwise meeting the obligations under the contract if the parties are the successful tenderer.

(c) The Applicant acknowledges that if its Registration of Interest was not lodged on a Joint Bid Basis and it is invited to lodge a tender for the contractor's activities and the works, it will not be permitted to lodge a tender on a Joint Bid Basis (whether with any one or more of the other tenderers or any other person or entity).

9. RESTRICTION ON USE OF PERSONNEL IN PREPARATION OF REGISTRATION OF INTEREST

(a) Subject to paragraph (c)(i), the Applicant must ensure that its Registration of Interest is not prepared (in whole or in part) by any officer, employee, agent or adviser of the Applicant who was:

(i) an employee of the Department of Defence, or involved in any capacity in the planning or performance of the contractor's activities, the works or the project, at any time during the 12 months immediately preceding the date on which the Invitation to Register Interest was published on AusTender or otherwise issued to the Applicant; or

(ii) involved in any capacity in the management of the registration of interest process or preparation of the Invitation to Register Interest at any time.

(b) If the Applicant wishes to request permission to have a person described under paragraph (a) contribute to or participate in the preparation of the Registration of Interest, it must notify the ITR Administrator by email no later than 14 days prior to the ATM Close Date and ATM Close Time, providing details of the person, the person's status under paragraph (a) and the person's proposed contribution to or participation in the preparation of the Registration of Interest.

(c) If a request is made under paragraph (b), the ITR Administrator will notify the Applicant by email that the Commonwealth (in its absolute discretion) either:

(i) grants permission, whether with or without such conditions as the Commonwealth thinks fit; or

(ii) refuses permission.

10. CONFLICT OF INTEREST

(a) The Applicant must not place itself, and must ensure that its officers, employees, agents and advisers do not place themselves, in a position that may or does give rise to an actual, potential or perceived conflict of interest between the interests of the Commonwealth and the Applicant during this registration of interest process.

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(b) If during this registration of interest process a conflict of interest arises, or appears likely to arise, the Applicant must immediately notify the ITR Administrator by email, providing details of such conflict of interest and the steps which the Applicant has taken (or will take) to prevent, end, avoid, mitigate, resolve or otherwise manage the conflict of interest.

(c) If a notice is given under paragraph (b), the ITR Administrator will notify the Applicant by email of any steps that the Commonwealth requires the Applicant to take to prevent, end, avoid, mitigate, resolve or otherwise manage the conflict of interest.

11. USE OF REGISTRATION OF INTEREST DOCUMENTS


(a) its Registration of Interest and any other documents arising out of or in connection with this invitation to register interest process become the property of the Commonwealth; and

(b) subject to the Commonwealth Procurement Rules, the Commonwealth may (in its absolute discretion) use, retain and copy the information contained in its Registration of Interest and any other documents arising out of or in connection with this invitation to register interest process for any purpose arising out of or in connection with:

(i) the evaluation and selection of applicants and tenderers;

(ii) the development and preparation of tender documents and any subsequent tender process conducted by the Commonwealth in respect of the contractor's activities, the works or the project;

(iii) verifying the accuracy, consistency and adequacy of information provided under any other invitation to register interest process, tender process or similar procurement process conducted by the Commonwealth; or

(iv) the development and preparation of invitation to register interest documents, tender documents or similar documents and any subsequent invitation to register interest process, tender process or similar procurement process conducted by the Commonwealth.

12. UNLAWFUL CONDUCT

Without limiting clause 2.1(b)(iii), the Commonwealth may (in its absolute discretion) decide not to evaluate (or continue to evaluate) a Registration of Interest if the Registration of Interest has been prepared:

(a) in breach of or otherwise inconsistently with any statutory requirement (including Commonwealth policy) regarding the offering of unlawful inducements in connection with the preparation of a registration of interest or during a registration of interest process; or

(b) with the utilisation of information unlawfully obtained from the Commonwealth.

13. BUILDING CODE 2016

[THIS CLAUSE 13 APPLIES TO BUILDING WORK THAT IS DIRECTLY FUNDED AS SET OUT IN ITEM 1 OF SCHEDULE 1 OF THE BUILDING CODE 2016 - WHERE A PROJECT INVOLVES BUILDING WORK THAT IS INDIRECTLY FUNDED AS SET OUT IN ITEM 2 OF SCHEDULE 1 OF THE BUILDING CODE 2016, SEEK DIRECTION FROM DPA]

13.1 General

The Applicant's attention is drawn to the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and to the Building Code 2016, which apply to the Commonwealth Funded Building Work that is the subject of the project. More information about the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Building Code 2016 is available at www.abcc.gov.au.

The Applicant:

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(a) will be deemed to have read; and

(b) agrees that it and its Related Entities must comply with,

the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Building Code 2016 from the time of lodging its Registration of Interest.

13.2 Applicant's response

As part of its Registration of Interest, the Applicant must complete and lodge Schedule F - Building Code 2016.

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8), it must complete and lodge the information requested in Section A of the Declaration of Compliance and Attachment A to the Declaration of Compliance in Schedule F - Building Code 2016, for each joint bid party (as applicable).

Where a Workplace Relations Management Plan is required to be submitted and a Registration of Interest is lodged on Joint Bid Basis, a single Workplace Relations Management Plan must be provided with the Applicant's response to Schedule F - Building Code 2016, which relates to all joint bid parties.

The Applicant should also note the condition for participation under clause 3.1(c)(i).

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8) each joint bid party must satisfy the condition for participation (as applicable).

13.3 Compliance with the Building Code 2016

(a) The following are essential requirements:

(i) the Applicant confirms that it and its Related Entities are eligible to perform Commonwealth Funded Building Work at the time of lodging its Registration of Interest;

(ii) the Applicant and its Related Entities are not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016;

(iii) the Applicant is not subject to an Exclusion Sanction;

(iv) the Applicant has not had an adverse decision, direction or order made by a court or tribunal for a breach of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), a designated building law, work health and safety law or competition and consumer law which has not been stayed or revoked and for which the period for compliance has expired without it having complied with the decision, direction or order; and

(v) the Applicant will only use products in relation to the project that comply with the relevant Australian standards published by, or on behalf of, Standards Australia.

(b) Without limiting clause 13.4, the Applicant acknowledges and agrees that the Commonwealth:

(i) will exclude the Applicant from further consideration if, at any time before a contract is executed in relation to the project, the Commonwealth considers that it does not comply with the essential requirements; and

(ii) may exclude the Applicant from further consideration if, at any time before a contract is executed in relation to the project, it is excluded from performing Building Work funded by a State or Territory Government.

(c) [WHERE (A) THE COMMONWEALTH'S CONTRIBUTION TO THE PROJECT IS AT LEAST $5,000,000 AND REPRESENTS AT LEAST 50% OF THE TOTAL CONSTRUCTION PROJECT VALUE PROPORTION OF THE PROJECT OR (B) THE COMMONWEALTH'S CONTRIBUTION TO THE PROJECT IS AT LEAST $10,000,000 (IRRESPECTIVE OF ITS PROPORTION OF THE TOTAL CONSTRUCTION PROJECT VALUE),

INSERT:

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[WHERE THE APPLICANT IS REQUIRED TO SUBMIT A WORKPLACE RELATIONS MANAGEMENT PLAN WITH ITS REGISTRATION OF INTEREST]

The Commonwealth requires the Applicant to submit a Workplace Relations Management Plan with its Registration of Interest for approval by the ABCC in accordance with Part 6 of the Building Code 2016 (only those Applicants who are shortlisted to lodge a tender for the project will have their Workplace Relations Management Plan provided to the ABCC for review and approval). The Applicant acknowledges and agrees that the Commonwealth will only enter into a contract with a tenderer whose Workplace Relations Management Plan has been approved by the ABCC.

[WHERE THE APPLICANT IS REQUIRED TO SUBMIT A WORKPLACE RELATIONS MANAGEMENT PLAN WITH ITS TENDER]

Where the Commonwealth issues tender documents in relation to the Commonwealth Funded Building Work that is the subject of the project, tenderers will be required to submit a Workplace Relations Management Plan with its tender for approval by the ABCC in accordance with Part 6 of the Building Code 2016. The Applicant acknowledges and agrees that the Commonwealth will only enter into a contract with a tenderer whose Workplace Relations Management Plan has been approved by the ABCC.]

13.4 ABCC evidence of Applicant eligibility under Building Code 2016

(a) In order for the Commonwealth to assess the Applicant's eligibility to lodge a Registration of Interest for the project, the Applicant must provide evidence of its eligibility to lodge a Registration of Interest for the project, as set out in Schedule F - Building Code 2016. This evidence must establish that the Applicant and its Related Entities are not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016 and must align with that specified by the ABCC as acceptable to establish eligibility to lodge a Registration of Interest.

(b) The Applicant acknowledges and agrees that if it does not provide the required evidence set out in Schedule F - Building Code 2016 when lodging its Registration of Interest or upon further request from the ITR Administrator, the Commonwealth may (in its absolute discretion and without limiting clause 2.1(b)(iii)):

(i) decide not to evaluate the Registration of Interest; or

(ii) notify (via the ITR Administrator) by email that the Commonwealth requires the Applicant to provide the required evidence, and such evidence must be provided by the time and date specified in the notice.

13.5 Definitions

(a) For the purposes of the Invitation to Register Interest:

(i) ABCC means the Australian Building and Construction Commission referred to in subsection 29(2) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

(ii) ABC Commissioner means the Australian Building and Construction Commissioner referred to in subsection 15(1) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

(iii) Building Code 2016 means the Code for the Tendering and Performance of Building Work 2016 in force pursuant to section 34 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

(iv) Building Contractor has the same meaning as in the Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

(v) Building Industry Participant has the same meaning as in the Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

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(vi) Building Work has the same meaning as in subsection 3(4) of the Building Code 2016;

(vii) Commonwealth Funded Building Work means Building Work in items 1-8 of Schedule 1 of the Building Code 2016, other than Building Work to which item 10 of that Schedule applies;

(viii) Enterprise Agreement has the same meaning as in the Fair Work Act 2009 (Cth);

(ix) Exclusion Sanction has the same meaning as in subsection 3(3) of the Building Code 2016;

(x) Proforma Building Code 2016 Subcontract Provisions means the proforma tender and subcontract provisions for the Building Code 2016, as set out in the Schedule of Collateral Documents;

(xi) Related Entity has the same meaning as in subsection 3(2) of the Building Code 2016[;/; and]

(xii) Schedule of Collateral Documents means the schedule of proforma contracts and other documents applicable to the contract posted on Defence Estate Quality Management System website available at www.defence.gov.au/estatemanagement (or any alternative location notified by the Commonwealth), as amended from time to time by the Commonwealth[; and/.]

(xiii) [WHERE (A) THE COMMONWEALTH'S CONTRIBUTION TO THE PROJECT IS AT LEAST $5,000,000 AND REPRESENTS AT LEAST 50% OF THE TOTAL CONSTRUCTION PROJECT VALUE PROPORTION OF THE PROJECT OR (B) THE COMMONWEALTH'S CONTRIBUTION TO THE PROJECT IS AT LEAST $10,000,000 (IRRESPECTIVE OF ITS PROPORTION OF THE TOTAL CONSTRUCTION PROJECT VALUE), INSERT Workplace Relations Management Plan has the same meaning as "WRMP" in subsection 3(1) of the Building Code 2016.]

14. COMPLAINTS

14.1 General Complaints

If the Applicant wishes to make a complaint in relation to this registration of interest process:

(a) subject to paragraph (b), the Applicant should submit the complaint in writing to [email protected]; or

(b) if the Applicant has reason to believe that the complaint satisfies the requirements of the Judicial Review Act, the Applicant may submit the complaint under the process set out in clause 14.2.

14.2 Complaints under the Government Procurement (Judicial Review) Act 2018

(a) Clause 14.2 only applies if this registration of interest process is a Covered Procurement for the purposes of the Judicial Review Act.

(b) The Judicial Review Act establishes a statutory framework for suppliers to make complaints about non-compliance with specific provisions of the Commonwealth Procurement Rules in respect of Covered Procurements.

(c) If this clause 14.2 applies and the Applicant has reason to believe that:

(i) the Commonwealth or an official of the Commonwealth has engaged, is engaging or is proposing to engage in any conduct in contravention of the Relevant Commonwealth Procurement Rules in relation to this registration of interest process; and

(ii) the interests of the Applicant are affected by the conduct,

the Applicant may submit a complaint about the conduct in writing to [email protected].

L\338250353.13 – July 2021 15


(d) Where requested by the Commonwealth, the Applicant must do all things reasonably necessary to cooperate with the Commonwealth (including providing information or answering questions) in the investigation and attempted resolution of any complaint in respect of this registration of interest process under this clause 14.2.

(e) A public interest certificate under the Judicial Review Act in relation to the registration of interest process [HAS/HAS NOT] been issued for this procurement.

(f) If a public interest certificate has not been issued for this procurement, a public interest certificate may be issued by the Commonwealth at any time during the registration of interest process (including after any complaint has been made by an Applicant under this clause 14.2), in which case the ITR Administrator will notify all Applicants of the issue of the public interest certificate by notice published on AusTender.

(g) Without limiting the operation of the Judicial Review Act, if an Applicant makes a complaint under this clause 14.2 and at the time of the complaint no public interest certificate is in force in relation to this registration of interest process, the Commonwealth may suspend this registration of interest process in accordance with section 20 of the Judicial Review Act by notice to all Applicants published on AusTender.

14.3 Definitions

(a) For the purposes of the Invitation to Register Interest:

(i) Covered Procurement has the meaning in the Judicial Review Act;

(ii) Judicial Review Act means the Government Procurement (Judicial Review) Act 2018 (Cth); and

(iii) Relevant Commonwealth Procurement Rules has the meaning in the Judicial Review Act.

15. WORKPLACE GENDER EQUALITY

The Workplace Gender Equality Act 2012 (Cth) (WGE Act) requires private sector employers of 100 or more employees (or employers of 80 or more employees where the employer used to be covered by the WGE Act) and higher education institutions to prepare, submit to the Workplace Gender Equality Agency and otherwise make available (in accordance with the WGE Act) public reports in relation to gender equality indicators and to comply with minimum standards determined by the Workplace Gender Equality Agency within relevant time periods specified in the WGE Act. The Australian Government has adopted a policy of not purchasing goods or services from suppliers who do not comply with their obligations, if any, under the WGE Act.

At the award date of the contract, the successful tenderer must comply with the WGE Act if it applies to the successful tenderer.

At any time before the award date of the contract, the ITR Administrator may (in its absolute discretion) notify the Applicant by email that the Commonwealth requires the Applicant to provide to the ITR Administrator by email by the time and date specified in the notice:

(a) if the WGE Act does not apply to the Applicant, a statutory declaration by one of its officers that the WGE Act does not apply to the Applicant; or

(b) if the WGE Act does apply to the Applicant, a letter or such other evidence confirming that the Applicant is not named by the Workplace Gender Equality Agency as an employer not currently complying with the WGE Act.

If the Applicant has lodged its Registration of Interest on a Joint Bid Basis (as defined under clause 8), it must provide this declaration, letter or such other evidence for each joint bid party (as applicable).

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16. EMPLOYEE ENTITLEMENTS

The Applicant should note that it is a requirement of the Commonwealth Procurement Rules that the Commonwealth must not enter into a contract with a tenderer who has a judicial decision (being a decision of any court, tribunal or other body with authority to make a decision or determination which is binding on the tenderer) against it (not including a decision under appeal) relating to employee entitlements and has not paid the claim.

At the award date of the contract, the successful tenderer must not:

(a) have a judicial decision against it (not including a decision under appeal) relating to employee entitlements; and

(b) have not paid the claim.

At any time before the award date of the contract, the ITR Administrator may (in its absolute discretion) notify the Applicant by email that the Commonwealth requires the Applicant to provide to the ITR Administrator by email by the time and date specified in the notice a declaration in a form approved by the Commonwealth:

(c) stating that it has not had any judicial decision against it (not including a decision under appeal) relating to any employee entitlements which requires the entitlement to have been paid, yet which remains unpaid at the date of the declaration; and

(d) providing details of any matter in respect of which the Applicant is a party which is before any court, tribunal or authority referred to under paragraph (c) and which relates to any employee related entitlement (whether on appeal or otherwise).

If the Applicant has lodged its Registration of Interest on a Joint Bid Basis (as defined in clause 8), it must provide this declaration for each joint bid party (as applicable).

17. INDUSTRY BRIEFING

Clause 17 [DOES/DOES NOT] apply. Clause 17 applies unless stated that it does not apply.

(a) The Commonwealth will conduct an industry briefing in relation to the Invitation to Register Interest, the registration of interest process, the contractor’s activities, the works and the project. The ITR Administrator will notify the Applicant by email of the details of the industry briefing, including:

(i) the scheduled date, time and location (in person or by videoconference) for the industry briefing;

(ii) the maximum number of Applicant personnel (whether employees, subcontractors, consultants or otherwise) who may attend the industry briefing;

(iii) the time and date by which the Applicant must notify the ITR Administrator if it wishes to attend the industry briefing; and

(iv) any other information required by the ITR Administrator.

(b) If the Applicant wishes to attend the industry briefing, it must notify the ITR Administrator by email no later than the time and date specified in the ITR Administrator's notice under paragraph (a), providing details of the Applicant, the full names and addresses of all Applicant personnel proposed to attend and all other information required by the ITR Administrator in its notice under paragraph (a).

(c) The Commonwealth may (in its absolute discretion):

(i) limit or restrict the number of Applicant personnel; or

(ii) exclude any or all Applicant personnel from,

attending the industry briefing for any reason, including if the Applicant:

(iii) exceeds the maximum number of Applicant personnel specified under paragraph (a);

L\338250353.13 – July 2021 17


(iv) fails to comply with paragraph (b); or

(v) substitutes or replaces Applicant personnel after the time and date specified in paragraph (b).

(d) The industry briefing will be conducted for the purpose of providing background information only. The Applicant must not in any way rely upon the industry briefing for the purposes of preparing its Registration of Interest and if it is invited to lodge a tender for the contractor's activities and the works, preparing, amending or negotiating its tender, or entering into any contract with the Commonwealth. The Applicant:

(i) may, at the discretion of the ITR Administrator, be provided with copies of industry briefing materials (including presentations) as an information document; and

(ii) is not permitted to take photographs or other electronic recordings of any industry briefing (including any presentation, site visit or inspection).

(e) Without limiting any other provision of the Invitation to Register Interest:

(i) subject to the Commonwealth Procurement Rules, neither the Commonwealth nor the ITR Administrator is obliged to respond to any or all questions, enquiries or other matters notified during the industry briefing; and

(ii) the Commonwealth may (in its absolute discretion) publish or issue addenda under clause 4.1(b) or information documents to address any matters arising out of or in connection with the industry briefing.

18. WHS ACCREDITATION SCHEME

Clause 18 [DOES/DOES NOT] apply. Clause 18 applies unless stated that it does not apply.

[IF THE CONTRACT INVOLVES DIRECTLY FUNDED WHS ACCREDITATION SCHEME BUILDING WORK AND IS VALUED IN EXCESS OF $4 MILLION, CLAUSE 18 APPLIES. IF THE CONTRACT DOES NOT INVOLVE DIRECTLY FUNDED WHS ACCREDITATION SCHEME BUILDING WORK OR IS VALUED AT LESS THAN $4 MILLION, CLAUSE 18 DOES NOT APPLY.]

The Applicant's attention is drawn to the WHS Accreditation Scheme described in section 43 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth). More information on the WHS Accreditation Scheme is available at www.fsc.gov.au or by contacting the Federal Safety Commissioner on 1800 652 500.

In accordance with section 43(4) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) the Commonwealth must not fund WHS Accreditation Scheme Building Work unless:

(a) contracts for the WHS Accreditation Scheme Building Work will be entered into with builders who are accredited persons; and

(b) at the time of funding, the Commonwealth takes appropriate steps to ensure that builders will be accredited persons when they carry out WHS Accreditation Scheme Building Work.

If the Applicant is invited to lodge a tender for the contractor's activities and the works and a tender is lodged:

(c) on the basis the tenderer will carry out the WHS Accreditation Scheme Building Work, the tenderer must hold WHS Accreditation Scheme accreditation; or

(d) on a Joint Bid Basis (as defined under clause 8) and:

(i) both joint bid parties will carry out WHS Accreditation Scheme Building Work, both joint bid parties must hold WHS Accreditation Scheme accreditation; or

(ii) only one joint bid party will carry out WHS Accreditation Scheme Building Work, that party must hold WHS Accreditation Scheme accreditation; or

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(iii) one joint bid party will carry out WHS Accreditation Scheme Building Work as an unaccredited builder (and one joint bid party is accredited), the joint bid parties must have obtained written confirmation from the Federal Safety Commissioner confirming the requirements of section 26(g) of the Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019 (Cth) have been met in relation to the project,

on or prior to the nominated award date of the contract.

The successful tenderer will also be required to:

(e) comply with all conditions of accreditation under the WHS Accreditation Scheme; and

(f) (where applicable) maintain accreditation at all times whilst WHS Accreditation Scheme Building Work is being carried out.

For the purposes of the Invitation to Register Interest:

(g) WHS Accreditation Scheme means the Work Health and Safety Accreditation Scheme in force pursuant to section 43 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth); and

(h) WHS Accreditation Scheme Building Work has the meaning in section 6 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth).

19. INDIGENOUS PROCUREMENT POLICY

The Applicant's attention is drawn to the Indigenous Procurement Policy available at https://www.niaa.gov.au/indigenous-affairs/economic-development/indigenous-procurement-policy-ipp (Indigenous Procurement Policy). The purpose of the Indigenous Procurement Policy is to stimulate Indigenous entrepreneurship and business development and provide Indigenous Australians with more opportunities to participate in the economy. More information on Indigenous Enterprises (as defined in the Indigenous Procurement Policy) is available at www.supplynation.org.au and in the Indigenous Procurement Policy. The Applicant is requested to note that using Indigenous Enterprises may involve the direct engagement of Indigenous Enterprises as subcontractors, suppliers or otherwise or further along the supply chain.

Specific requirements apply to High Value Contracts and also where the procurement involves a High Value Contract and a Remote Area Contract (both as defined in the Indigenous Procurement Policy).

If the Applicant is invited to lodge a tender for the contractor's activities and the works:

(a) the procurement [DOES/DOES NOT] involve a Remote Area Contract;

(b) it will be required to address the Indigenous Procurement Policy (including the mandatory minimum requirements for the Indigenous Procurement Policy) in its tender; and

(c) if it is the successful tenderer, it will be required to comply with the requirements of the Indigenous Procurement Policy.

20. LOCAL INDUSTRY CAPABILITY

Local industry participation is an expected outcome of Commonwealth expenditure. This expectation builds on the Commonwealth Procurement Rules, which require procurement practices that do not unfairly discriminate against Small and Medium Enterprises (SMEs) and provide appropriate opportunities for SMEs to compete for Commonwealth funded work.

If the Applicant is invited to lodge a tender for the contractor's activities and the works:

(a) it will be requested to prepare and lodge a draft Local Industry Capability Plan in its tender; and

(b) if it is the successful tenderer, it will be required to comply with its finalised Local Industry Capability Plan.

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http://www.supplynation.org.au/


The Local Industry Capability Plan must:

(c) outline the tenderer's approach to ensuring that full, fair and reasonable opportunity is afforded to local industry in the delivery of the project; and

(d) detail the tenderer's approach to the market and intended Australian industry engagement locally, regionally, state or territory wide and nationally for the project.

21. INFORMATION SECURITY - CONFIDENTIAL INFORMATION AND SENSITIVE AND CLASSIFIED INFORMATION

The Applicant's attention is drawn to the Commonwealth's requirements in respect of Confidential Information and if applicable, Sensitive and Classified Information (each as defined in the Disclaimer and Confidentiality Agreement, Tender Conditions forming part of the Tender Documents and Conditions of Contract for the Managing Contractor Contract (MCC-1 2021)).

Sensitive and Classified Information [DOES/DOES NOT] apply.

As part of its Registration of Interest, the Applicant is requested to complete and lodge Schedule D - Information Security. The Applicant should also note the evaluation criterion under clause 2.1(a)(iv).

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8) it is requested to provide any information in Schedule D - Information Security which it considers relevant to the joint bid arrangements (as applicable).

If the Applicant:

(a) is invited to lodge a tender for the contractor's activities and the works, it will be required to comply with the requirements in the Disclaimer and Confidentiality Agreement and Tender Documents; and

(b) is the successful tenderer, it will be required to comply with the requirements in the contract.

22. MATERIAL CHANGE OR DEFENCE STRATEGIC INTEREST ISSUE

22.1 Applicant's warranty

The Applicant warrants that, at the time of lodging its Registration of Interest, it is not aware of any:

(a) Material Change; or

(b) Defence Strategic Interest Issue,

in relation to the Applicant.

22.2 Applicant must notify Material Change or Defence Strategic Interest Issue

If, at any time after lodging its Registration of Interest, the Applicant becomes aware of any:

(a) Material Change; or

(b) Defence Strategic Interest Issue,

the Applicant must immediately notify the ITR Administrator by email, providing details of:

(c) the Material Change or Defence Strategic Interest Issue; and

(d) the steps which the Applicant has taken (or will take) to prevent, end, avoid, mitigate, resolve or otherwise manage the risk of any adverse effect of the Material Change or Defence Strategic Interest Issue on the interests of the Commonwealth.

22.3 Acknowledgement, release and indemnity

Without limiting any other provision of the Invitation to Register Interest, the Applicant:

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(a) acknowledges and agrees that:

(i) the Commonwealth is proceeding with the registration of interest process and any subsequent tender process strictly on the basis of, and in reliance upon, the warranties, obligations, releases and indemnities under clause 22;

(ii) without limiting any other right or remedy of the Commonwealth (under the Invitation to Register Interest or otherwise at law or in equity), if:

A. the Applicant:

1) notifies the ITR Administrator under clause 22.2; or

2) has failed to strictly comply with clause 22; or

B. the Commonwealth otherwise considers (in its absolute discretion) that there exists (or is likely to exist) a Material Change or Defence Strategic Interest Issue in relation to the Applicant,

the Commonwealth may (in its absolute discretion) do any one or more of the following:

C. notify the Applicant by email or post that it is required to:

1) meet with the Commonwealth to provide further information, documents or evidence in relation to, and otherwise clarify, the:

a) nature and extent of the Material Change or Defence Strategic Interest Issue; and

b) steps which the Applicant has taken (or will take) to prevent, end, avoid, mitigate, resolve or otherwise manage the risk of any adverse effect of the Material Change or Defence Strategic Interest Issue on the interests of the Commonwealth,

by the time and date specified in the notice; or

2) provide the ITR Administrator by email with further information, documents or evidence in relation to, and otherwise clarify, the:

a) nature and extent of the Material Change or Defence Strategic Interest Issue; and

b) steps which the Applicant has taken (or will take) to prevent, end, avoid, mitigate, resolve or otherwise manage the risk of any adverse effect of the Material Change or Defence Strategic Interest Issue on the interests of the Commonwealth,

by the time and date specified in the notice; and

D. regardless of whether or not the Commonwealth has notified the Applicant under subsubparagraph C:

1) notify the Applicant by email or post that the Applicant:

a) is specifically excluded from participating in the registration of interest process and its Registration of Interest will not be evaluated (or continue to be evaluated);

b) may continue to participate in the registration of interest process, whether with or without such conditions as the

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Commonwealth thinks fit (in its absolute discretion) including the Applicant:

i) implementing Separation Arrangements; or

ii) completing, duly executing and returning to the ITR Administrator by email a deed in a form approved by the Commonwealth,

by the time and date specified in the notice;

c) is specifically excluded from participating in the tender process and its tender will not be evaluated (or continue to be evaluated); or

d) may continue to participate in the tender process, whether with or without such conditions as the Commonwealth thinks fit (in its absolute discretion) including the Applicant:

i) implementing Separation Arrangements; or

ii) completing, duly executing and returning to the ITR Administrator by email a deed in a form approved by the Commonwealth,

by the time and date specified in the notice; or

2) take such Material Change or Defence Strategic Interest Issue or failure into account in any registration of interest process, tender process or similar procurement process in connection with the project or any other Commonwealth project;

(b) releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Applicant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 22 or a corresponding clause in respect of any other Applicant; and

(c) indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with:

(i) a Material Change or Defence Strategic Interest Issue;

(ii) the Applicant's failure to strictly comply with clause 22; or

(iii) the exercise of any of the Commonwealth's absolute discretions under clause 22 or a corresponding clause in respect of any other Applicant.

22.4 Definitions

(a) Change of Control means where a person who did not (directly or indirectly) effectively Control (as defined in the Conditions of Contract for the Managing Contractor Contract (MCC-1 2021)) the Applicant at the date of submission of its Registration of Interest, either alone or together with others, acquires Control of the Applicant.

(b) Defence Strategic Interest Issue means any issue that involves an actual, potential or perceived risk of an adverse effect on the national security interests of the Commonwealth including:

(i) protecting Australia’s national security requirements, in accordance with all Statutory Requirements (including the Information Security Requirements) (each as defined in the Disclaimer and Confidentiality Agreement, Tender Conditions forming part of the Tender

L\338250353.13 – July 2021 22


Documents and Conditions of Contract for the Managing Contractor Contract (MCC-1 2021));

(ii) ensuring that the whole (or any part of) the Confidential Information and if applicable, Sensitive and Classified Information will be treated strictly in accordance with the Disclaimer and Confidentiality Agreement, Tender Documents and Conditions of Contract for the Managing Contractor Contract (MCC-1 2021); and

(iii) ensuring compliance by all Applicants and the successful tenderer with Australia’s national security requirements, in accordance with all Statutory Requirements (including the Information Security Requirements).

(c) Material Change means any actual, potential or perceived material change to the circumstances of the Applicant including any change:

(i) arising out of or in connection with:

A. a Change of Control;

B. an Insolvency Event (as defined in the Managing Contractor Contract (MCC-1 2021)), except that a reference to the "Contractor" will be read as a reference to the Applicant); or

C. the Applicant's financial viability, availability, capacity or ability to perform the contractor's activities, achieve completion of the works and otherwise meet its obligations under the contract; or

(ii) which affects the truth, completeness or accuracy of:

A. if the Applicant has lodged a registration of interest, the Registration of Interest; or

B. any other information, documents, evidence or clarifications provided by the Applicant to the Commonwealth arising out of or in connection with its Registration of Interest or the registration of interest process.

(d) Separation Arrangement means any arrangement that the Applicant:

(i) has in place;

(ii) will put in place; or

(iii) is required to put in place in accordance with any Statutory Requirement and this Invitation to Register Interest (including under clause 22.3),

for the purpose of preventing, ending, avoiding, mitigating, resolving or otherwise managing any Material Change or Defence Strategic Interest Issue.

23. STATEMENT OF TAX RECORD

(a) Clause 23 [DOES/DOES NOT] apply. Clause 23 applies unless stated that it does not apply. [DELETE WHICHEVER OPTION DOES NOT APPLY. THIS CLAUSE WILL APPLY WHEN THE PROCUREMENT IS AN OPEN APPROACH TO MARKET WITH AN ESTIMATED VALUE OVER $4 MILLION (GST INCLUSIVE).]

(b) The Applicant’s attention is drawn to the Black Economy Procurement Connected Policy, which imposes obligations on the Commonwealth to obtain from applicants valid and satisfactory STRs. More information about the requirements arising under the Black Economy Procurement Connected Policy is available from the Department of Treasury at https://treasury.gov.au/policy-topics/economy/black-economy/procurement-connected-policy.

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(c) As part of its Registration of Interest, the Applicant must complete and lodge Schedule G - Statement of Tax Record, which includes:

(i) subject to subparagraph (ii), providing all of the valid and satisfactory STRs required from the Applicant under Schedule G - Statement of Tax Record; and

(ii) if the Applicant has requested any of the STRs required under Schedule G - Statement of Tax Record but the STR has not been issued by the Australian Taxation Office prior to the ATM Close Date and ATM Close Time, providing an STR receipt issued by the Australian Taxation Office demonstrating that the STR was requested from the Australian Taxation Office prior to the ATM Close Date and ATM Close Time.

The Applicant should note that this is a minimum form and content requirement for its Registration of Interest under clause 3.1(b) of the Invitation to Register Interest.

(d) If the Applicant provides in its response to Schedule G - Statement of Tax Record an STR receipt issued by the Australian Taxation Office demonstrating that any of the STRs required under Schedule G - Statement of Tax Record were requested from the Australian Taxation Office prior to the ATM Close Date and ATM Close Time, then:

(i) the Applicant must provide all of the required valid and satisfactory STRs to the ITR Administrator by email within 4 business days after the ATM Close Date and ATM Close Time; and

(ii) if the Applicant does not provide all of the required valid and satisfactory STRs to the ITR Administrator by email within 4 business days after the ATM Close Date and ATM Close Time, the Commonwealth may (in its absolute discretion) decide not to evaluate (or continue to evaluate) the Registration of Interest.

(e) For the purposes of this clause 23:

(i) an STR is taken to be:

A. satisfactory if the STR states that the entity has met the conditions, as set out in the Black Economy Procurement Connected Policy, of having a satisfactory engagement with the Australian tax system; and

B. valid if the STR has not expired as at the date on which the STR is required to be provided or held;

(ii) Black Economy Procurement Connected Policy means the Black Economy Procurement Connected Policy – Increasing the Integrity of Government Procurement – March 2019;

(iii) business day means a day other than a Saturday, Sunday or a public holiday in the Australian Capital Territory;

(iv) Consolidated Group means a Consolidated Group or MEC (Multiple Entry Consolidated) group as those terms are defined in section 995-1 of the Income Tax Assessment Act 1997 (Cth);

(v) GST Group means a GST group formed in accordance with Division 48 of the GST Legislation;

(vi) GST Legislation means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax; and

(vii) Statement of Tax Record or STR has the meaning given in the Black Economy Procurement Connected Policy.

L\338250353.13 – July 2021 24


REGISTRATION OF INTEREST FORM

FOR

ATM ID: [INSERT ATM NUMBER]

PROJECT NO: [INSERT PROJECT NUMBER]

PROJECT NAME: [INSERT PROJECT NAME AND DESCRIPTION OF WORKS, AS APPLICABLE]

APPLICANT DETAILS

Full Name

ABN/ACN (if applicable)

Street address (not PO Box)

Email address

Builders' registration or licence number (if applicable)

Name of contact person

Contact person - telephone (office) Contact person - telephone (mobile)

REGISTRATION BY APPLICANT

(a) We submit our Registration of Interest in accordance with the Invitation to Register Interest and the enclosed Schedules.

(b) We confirm that our Registration of Interest has been lodged in accordance with the Invitation to Register Interest, including:

(i) the lodgement requirements in clause 3.1(a) of the Invitation to Register Interest;

L\338250353.13 – July 2021 25


(ii) the minimum form and content requirements in clause 3.1(b) of the Invitation to Register Interest; and

(iii) the conditions for participation requirements in clause 3.1(c) of the Invitation to Register Interest.

(c) In consideration of the Commonwealth promising to pay us the sum of One Dollar ($1.00) we unconditionally accept and agree to be bound by the Invitation to Register Interest and this Registration of Interest Form, including:

(i) in respect of the consequences of a non-conforming registration of interest as set out in the Invitation to Register Interest, including in clause 3.2 of the Invitation to Register Interest; and

(ii) providing the acknowledgements, agreements, releases, indemnities, warranties and other assurances as set out in the Invitation to Register Interest and this Registration of Interest Form.

(d) We acknowledge and agree that:

(i) the entire registration of interest process (Process) is being conducted solely for the benefit of the Commonwealth;

(ii) notwithstanding subparagraph (i), we are submitting to the Process because we consider that this represents a valuable commercial opportunity for us;

(iii) we release the Commonwealth in respect of any claim that we may have for costs, expenses, losses, damages or liabilities suffered or incurred by us arising out of or in connection with the Process, the rejection of, failure to evaluate or failure to accept our Registration of Interest, any failure to comply with the Invitation to Register Interest, anything which the Commonwealth states or does or omits to state or do in arising out of or in connection with any industry briefing or presentation under clause 17, any debrief, any variation or suspension of the Process or any discontinuance or termination of the Process, except to the extent of any compensation awarded under the Judicial Review Act;

(iv) the Commonwealth is proceeding with the Process strictly on the basis of, and in reliance upon, the acknowledgements and releases set out above; and

(v) we indemnify the Commonwealth in respect of all costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth arising out of or in connection with any breach of any acknowledgement or release given by us under this paragraph (d).

(e) We acknowledge that each party constituting the Applicant is bound jointly and severally by this Registration of Interest.

The Applicant is requested to provide:

(f) a Registration of Interest Form executed by a person or persons with full authority to bind the Applicant for the purposes of the Registration of Interest, executed by each entity if the Applicant consists of more than one entity (and provide evidence of the full authority of the person or persons executing the Registration of Interest Form);

(g) the full name and address of the entity registering its interest;

(h) full details of the entity registering its interest's corporate structure, including trading or business names, related bodies corporate, details of its registration and place of business and details of relevant trust or fiduciary arrangements; and

(i) details of:

(i) the basis on which the Applicant gives the warranty under clause 22.1; and

L\338250353.13 – July 2021 26


(ii) to the extent applicable, the steps which the Applicant has taken to prevent, end, avoid, mitigate, resolve or otherwise manage the risk of any Material Change or Defence Strategic Interest Issue on the interests of the Commonwealth (if applicable).

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8 of the Invitation to Register Interest), the Applicant confirms that each party to the joint bid will be jointly and severally liable to the Commonwealth if they are the successful tenderer.

L\338250353.13 – July 2021 27


[INSERT DATE][COMPLETE ONE OF THE FOLLOWING SIGNING BLOCKS, OR INSERT AS APPROPRIATE, THEN DELETE ANY SIGNING BLOCK NOT USED]

[S 127 OF CORPORATIONS ACT]

Declared and executed by [INSERT NAME] in accordance with section 127 of the Corporations Act 2001 (Cth):

Signature of director Signature of company secretary/director

Full name of director Full name of company secretary/director

[OR - AUTHORISED SIGNATORY OF COMPANY]

Declared and signed for and on behalf of [INSERT NAME] by its authorised signatory in the presence of:

Signature of witness Signature of authorised signatory

Full name of witness Full name of authorised signatory

[THESE ARE EXAMPLE EXECUTION CLAUSES ONLY. IF SUBMITTING ON A JOINT BID BASIS, EACH ENTITY MUST EXECUTE ONE REGISTRATION OF INTEREST FORM BETWEEN THEM]

[THE APPLICANT IS TO ENSURE THAT THE REGISTRATION OF INTEREST FORM IS COMPLETE, ACCURATE, DULY EXECUTED AND VALID]

L\338250353.13 – July 2021 28


SCHEDULE APRELIMINARY PROPOSALS

To assist the Applicant to demonstrate its ability to satisfy the evaluation criterion described under clause 2.1(a)(i) of the Invitation to Register Interest and to assist the Commonwealth in evaluating its Registration of Interest, the Applicant is requested to provide preliminary proposals in narrative form which demonstrate that the Applicant comprehends key issues and will implement appropriate solutions, resources and management strategies in performing the contractor's activities, achieving completion of the works and otherwise meeting its obligations under the contract if it is the successful tenderer, including in respect of the particular concerns described under clause 2.1(a)(i) of the Invitation to Register Interest.

The Applicant is requested to ensure that such proposals are focused on the contractor's activities, the works and the project.

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8 of the Invitation to Register Interest), it is requested to provide any information in this Schedule A - PRELIMINARY PROPOSALS which it considers relevant to proposed joint bid arrangements (as applicable).

The information provided by an Applicant in Schedule A - PRELIMINARY PROPOSALS is for evaluation purposes only and will not limit or affect the contractor's activities, the works or the contract.

[CONSIDER WHETHER OR NOT THERE IS TO BE ANY PAGE LIMITS. IF NOT, DELETE THIS ITEM IN ITS ENTIRETY. ANY PAGE LIMITS MUST BE REASONABLE AND SUFFICIENT TO ALLOW A COMPETENT APPLICANT TO RESPOND ADEQUATELY TO THE CRITERION]

The Applicant may lodge up to (but no more than) [INSERT] pages in response to this Schedule A - PRELIMINARY PROPOSALS. All page margins should not be less than 2cm.

The Applicant should note that the Commonwealth may (in its absolute discretion) decide not to evaluate or continue to evaluate any material provided in excess of the page limit specified.

L\338250353.13 – July 2021 29


SCHEDULE BPROPOSED RESOURCES

To assist the Applicant to demonstrate its ability to satisfy the evaluation criterion described under clause 2.1(a)(ii) of the Invitation to Register Interest and to assist the Commonwealth in evaluating its Registration of Interest, the Applicant is requested to provide details of its proposed key people for the contractor's activities and the works, including the key people for the roles described in the table below. Such information should include, in respect of each key person:

(a) their current and proposed future location (including identifying whether or not the key person is located within the general geographical location/s of the works and, where not, details of how the key person will perform the relevant part of the contractor's activities and the works in the location/s of the works);

(b) details of how the key person is proposed to perform the relevant part of the contractor's activities and the works, including their proposed scope of duties;

(c) their current and potential future workload, capacity and availability and involvement in other current and potential further projects, and how the key person is proposed to perform the relevant part of the contractor's activities and the works in light of the key person's commitments to those other projects;

(d) details of the key person's experience relevant to their proposed scope of duties; and

(e) their relevant qualifications / licences / accreditations / certifications / memberships of professional bodies / associations (or similar).

Such details should be provided in table format as set out below.

ROLE AND ENTITY

NAME LOCATION (CURRENT AND

PROPOSED) AND HOW MANAGED

DETAILS OF PROPOSED

INVOLVEMENT AND PROPOSED

SCOPE OF DUTIES

CURRENT AND POTENTIAL

FURTURE WORKLOAD, CAPACITY,

AVAILABILITY AND HOW MANAGED

RELEVAT EXPERIENCE

RELEVANT TO SCOPE OF

DUTIES

RELEVANT QUALIFICATIO-

NS ETC

CONTRACTOR'S REPRESENT-ATIVE

QUALITY MANAGER

ESD AND WOL MANAGER

[APPLICANT TO INSERT ADDITIONAL ROLES INVOLVED IN THE CONTRACTOR'S ACTIVITIES AND THE WORKS]

The Applicant is permitted to submit the information requested in this Schedule B - PROPOSED RESOURCES in A3 or landscape format.

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8 of the Invitation to Register Interest), it is requested to provide any information in this Schedule B - PROPOSED RESOURCES which it considers relevant to proposed joint bid arrangements (as applicable).

L\338250353.13 – July 2021 30


The information provided by an Applicant in Schedule B - PROPOSED RESOURCES is for evaluation purposes only and will not limit or affect the scope of the contractor's activities, the works or the contract.

L\338250353.13 – July 2021 31


SCHEDULE CPREVIOUS PERFORMANCE

To assist the Applicant to demonstrate its ability to satisfy the evaluation criterion described under clause 2.1(a)(iii) of the Invitation to Register Interest and to assist the Commonwealth in evaluating its Registration of Interest, the Applicant is requested to provide details of previous performance:

(a) by reference to any relevant projects being carried out or completed in the [INSERT] years prior to the ATM Close Date and ATM Close Time; and

(b) up to a maximum of [INSERT] projects,

in table format as set out below. In selecting relevant projects, the Applicant should have regard to the delivery method and objectives inherent in the MCC-1 (2021).

RELEVANT PROJECTS BEING CARRIED OUT OR COMPLETED IN THE [INSERT] YEARS PRIOR TO THE ATM CLOSE DATE AND ATM CLOSE TIME UP TO A MAXIMUM OF [INSERT] PROJECTS

[PROJECT AND LOCATION]


[ETC]

CLIENT

NATURE AND EXTENT OF INVOLVEMENT OF THE APPLICANT

DETAILS OF NON-COMPLIANCE/S WITH QUALITY SYSTEM/FRAMEWORK AND RECTIFICATION OF SAME

DETAILS OF NON-COMPLIANCE/S WITH ESD AND WOL OBLIGATIONS AND RECTIFICATION OF SAME

CONTRACT PRICE (AGREED)

CONTRACT PRICE (ADJUSTED)

REASONS FOR DIFFERENCE IN CONTRACT PRICE (AGREED) AND CONTRACT PRICE (ADJUSTED) (IF ANY) AND IF THE REASON IS BY VARIATION, WHO INITIATED THAT VARIATION

DATE FOR COMPLETION (AGREED)

DATE FOR COMPLETION (ADJUSTED)

DATE OF COMPLETION (ACTUAL)

NUMBER OF EXTENSION OF TIME CLAIMS AND REASONS FOR EACH EXTENSION OF TIME

DETAILS OF CLAIMS/DISPUTES BY EITHER PARTY OVER $50,000 (EXCLUDING PROGRESS CLAIMS)

DETAILS OF ANY CALLS ON SECURITY

DETAILS OF OTHER INNOVATIONS AND VALUE ADDING

DETAILS OF PROBLEMS AND SOLUTIONS WHICH RESOLVED PROBLEMS

L\338250353.13 – July 2021 32




[ETC]

CLIENT REFEREE - NAME AND CURRENT TELEPHONE NUMBER

PROJECT MANAGER

PROJECT MANAGER REFEREE - NAME AND CURRENT TELEPHONE NUMBER

The Applicant is permitted to lodge the information requested in this Schedule C - PREVIOUS PERFORMANCE in A3 or landscape format.

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8 of the Invitation to Register Interest), it is requested to provide any information in this Schedule C - PREVIOUS PERFORMANCE which it considers relevant to proposed joint bid arrangements (as applicable). The maximum number of projects listed for the Applicant to provide details of in the above table(s) applies to the Joint Bid parties cumulatively.

L\338250353.13 – July 2021 33


SCHEDULE DINFORMATION SECURITY

The Applicant's attention is drawn to clause 21 of the Invitation to Register Interest. To assist the Applicant to demonstrate its ability to satisfy the evaluation criterion under clause 2.1(a)(iv) of the Invitation to Register Interest and to assist the Commonwealth in evaluating its Registration of Interest, the Applicant is requested to:

(a) describe its general approach to ensuring the security of Confidential Information and, if applicable under clause 21 of the Invitation to Register Interest, Sensitive and Classified Information:

(i) if it is invited to lodge a tender for the contractor's activities and the works in accordance with the Disclaimer and Confidentiality Agreement and the Tender Documents for the Managing Contractor Contract (MCC-1 2021); and

(ii) if it is the successful tenderer, in accordance with the Conditions of Contract for the Managing Contractor Contract (MCC-1 2021); and

(b) complete the Questionnaire in item B.

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8 of the Invitation to Register Interest), it is requested to provide any information in this Schedule D - INFORMATION SECURITY which it considers relevant to proposed joint bid arrangements (as applicable).

A GENERAL APPROACH TO INFORMATION SECURITY

1. Disclaimer and Confidentiality Agreement and Tender Documents:

[INSERT]

2. Conditions of Contract:

[INSERT]

B QUESTIONNAIRE

The following questions apply to [INSERT ATM NUMBER, PROJECT NUMBER, PROJECT NAME AND DESCRIPTION OF WORKS, AS APPLICABLE], described in the Invitation to Register Interest:

1. Does the Applicant (and any proposed Recipient) have information security procedures, policies and measures in place that are or may be relevant to the requirements:

(a) if it is invited to lodge a tender for the contractor's activities and the works, in the Disclaimer and Confidentiality Agreement and the Tender Documents; and

(b) if it is the successful tenderer, in the Conditions of Contract,

in respect of Confidential Information and, if applicable under clause 21 of the Invitation to Register Interest, Sensitive and Classified Information?

YES NO

If Yes, please provide details:

[INSERT]

2. Do the Applicant's (and any proposed Recipient's) information security procedures, policies and measures comply with the requirements:

(a) if it is invited to lodge a tender for the contractor's activities and the works, in the Disclaimer and Confidentiality Agreement and the Tender Documents; and

L\338250353.13 – July 2021 34


(b) if it is the successful tenderer, in the Conditions of Contract,

in respect of Confidential Information and if Sensitive and Classified Information is applicable, Sensitive and Classified Information?

YES NO

If No, please provide details:

[INSERT]

If No, please provide details of the steps that the Applicant (and any proposed Recipient) will take to ensure compliance with these requirements, including timeframes.

[INSERT]

3. What is the Applicant's (and any proposed Recipient's) approach to preventing, detecting, reporting on, responding to and closing out:

(a) new and emerging threats to information security procedures, policies and measures:

[INSERT]

(b) observed or suspected security weaknesses/threats to information security procedures, policies and measures:

[INSERT]

(c) information security procedures, policies and measures not operating as effectively as intended:

[INSERT]

(d) hardware or software malfunctions:

[INSERT]; and

(e) any breach of the requirements:

(i) if it is invited to lodge a tender for the contractor's activities and the works, in the Disclaimer and Confidentiality Agreement and the Tender Documents; and

(ii) if it is the successful tenderer, in the Conditions of Contract,

in respect of Confidential Information and, if Sensitive and Classified Information is applicable, Sensitive and Classified Information?

[INSERT]

4. Has the Applicant (and any proposed Recipient) been the subject of any notices, investigations, proceedings, consequences or sanctions during a procurement process, in connection with any alleged or actual breach of contract or otherwise in relation to an unauthorised disclosure of confidential, sensitive or classified information during the past 5 years?

YES NO


[INSERT]

If Yes, is the Applicant (and any proposed Recipient) fully complying with the outcomes of such investigations, proceedings, consequences or sanctions?

YES NO

L\338250353.13 – July 2021 35


If No, please provide details:

[INSERT]

5. If Sensitive and Classified Information is applicable, what is the Applicant's (and any proposed Recipient's) approach to preventing, detecting, reporting on, responding to and closing out malicious code and other Cyber Security Incidents or Cyber Security Events (as defined in the Disclaimer and Confidentiality Agreement available) (e.g. countermeasures, intrusion detection strategies, audit analysis, system integrity checking, vulnerability assessments)?

[INSERT/NOT APPLICABLE]

6. If Sensitive and Classified Information is applicable, what is the Applicant's (and any proposed Recipient's) approach to quantifying and monitoring the types, volumes and costs of hardware and software malfunctions, malicious code and other Cyber Security Incidents or Cyber Security Events?

[INSERT/NOT APPLICABLE]

7. If Sensitive and Classified Information is applicable, has the Applicant (and any proposed Recipient) been subject to a hardware and software malfunction, malicious code or other Cyber Security Incidents or Cyber Security Events in the past 5 years?

YES NO NOT APPLICABLE


[INSERT]

8. If Sensitive and Classified Information is applicable, does each proposed Recipient of Sensitive and Classified Information (or any part of it) hold a current security clearance at or above [INSERT] level/s?

YES NO NOT APPLICABLE


[INSERT]

If No, please provide details of your understanding of the clearance process and steps that the Applicant (and each proposed Recipient) will take to properly apply for, obtain and hold a current security clearance at or above the level/s specified above by the Commonwealth:

(a) if it is invited to lodge a tender for the contractor's activities and the works; and

(b) if it is the successful tenderer,

including timeframes, having regard to the information available at https://www1.defence.gov.au/security/clearances.

[INSERT].

The Applicant should note that:

(a) the above is not a comprehensive list of information security matters; and

(b) if the Applicant is unsure of whether any aspect of the Applicant's (and any proposed Recipient's) current or proposed arrangements comply with the requirements:

(i) if it is invited to lodge a tender for the contractor's activities and the works, in the Disclaimer and Confidentiality Agreement and the Tender Documents; and

(ii) if it is the successful tenderer, in the Conditions of Contract,

L\338250353.13 – July 2021 36


it is preferable that the relevant arrangements be noted in this Schedule D - INFORMATION SECURITY so that an assessment can be made.

L\338250353.13 – July 2021 37


SCHEDULE EADDITIONAL CONDITIONS FOR PARTICIPATION

The Applicant's attention is drawn to clause 3.1(c)(ii) of the Invitation to Register Interest.

The additional conditions for participation applicable to this invitation to register interest process are that the Applicant must:

None stated.

["None stated" IS THE DEFAULT POSITION. IF THE COMMONWEALTH OR ITR ADMINISTRATOR WISH TO INSERT ADDITIONAL CONDITIONS FOR PARTICIPATION, PRIOR APPROVAL MUST BE OBTAINED FROM DPA. IF APPROVAL IS GIVEN, INSERT THE ADDITIONAL CONDITIONS FOR PARTICIPATION AND THE FOLLOWING]

[INSERT CONDITIONS FOR PARTICIPATION]

The Applicant should note that [this is an/these are] additional condition[s] for participation in this Registration of Interest process under clause 3.1(c)(ii). The Applicant is requested to lodge evidence demonstrating that it meets each additional condition for participation in this Schedule E - ADDITIONAL CONDITIONS FOR PARTICIPATION.

If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8 of the Invitation to Register Interest), it is requested to lodge the information in this Schedule E - ADDITIONAL CONDITIONS FOR PARTICIPATION for each joint bid party (as applicable).

L\338250353.13 – July 2021 38


SCHEDULE FBUILDING CODE 2016

[THIS Schedule F - BUILDING CODE 2016 APPLIES TO BUILDING WORK THAT IS DIRECTLY FUNDED AS SET OUT IN ITEM 1 OF SCHEDULE 1 OF THE BUILDING CODE 2016 - WHERE A PROJECT INVOLVES BUILDING WORK THAT IS INDIRECTLY FUNDED AS SET OUT IN ITEM 2 OF SCHEDULE 1 OF THE BUILDING CODE 2016, SEEK DIRECTION FROM DPA]

This Schedule F - Building Code 2016 [DOES/DOES NOT] apply.

The Applicant's attention is drawn to clauses 3.1(c)(i) and 13 of the Invitation to Register Interest.

The Applicant must complete and lodge Schedule F - Building Code 2016. If the Applicant wishes to lodge its Registration of Interest on a Joint Bid Basis (as defined under clause 8 of the Invitation to Register Interest), it must complete and lodge the information in Schedule F - Building Code 2016 for each joint bid party (as applicable).

[SEE CLAUSE 13.4 OF THE INVITATION TO REGISTER INTEREST REGARDING PROVISION OF BUILDING CODE 2016 EVIDENCE OF ELIGIBILITY TO LODGE A REGISTRATION OF INTEREST FOR THE PROJECT AND THE CONSEQUENCES OF A FAILURE TO PROVIDE THIS EVIDENCE - THE ONUS IS ON THE APPLICANT TO ESTABLISH TO THE COMMONWEALTH'S SATISFACTION ITS ELIGIBILITY TO REGISTER INTEREST.]

A DECLARATION OF COMPLIANCE

Declaration of Compliance with the Building Code 2016

[INSERT ATM ID, PROJECT NUMBER, PROJECT NAME AND DESCRIPTION OF WORKS, AS APPLICABLE]

[INSERT NAME OF APPLICANT, ABN AND ACN, AS APPLICABLE]

The Applicant:

(a) confirms that it and its Related Entities are eligible to perform Commonwealth Funded Building Work at the time of lodging its Registration of Interest;

(b) confirms that it has complied with the Building Code 2016 in preparing its Registration of Interest;

(c) acknowledges that it and its Related Entities must comply with the Building Code 2016 in relation to all Building Work described in Schedule 1 of the Building Code 2016 for which an expression of interest or request for tender (however described) is called on or after the date that the Building Code 2016 commenced, being 2 December 2016, and, should it be the successful tenderer, in relation to the Commonwealth Funded Building Work that is the subject of the project;

(d) undertakes to ensure that it and its subcontractors that it subcontracts any of the Commonwealth Funded Building Work that is the subject of the project to, should it be the successful tenderer, comply with the Building Code 2016;

(e) acknowledges the powers and functions of the ABC Commissioner and the ABCC under the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Building Code 2016 and undertakes to ensure that it and its subcontractors will comply with any requests made by the ABCC and the ABC Commissioner within those powers and functions, including requests for entry under section 72 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), requests to interview any person under section 74 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), requests to produce records or documents under sections 74 and 77 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and requests for information concerning matters relating to the Building Code 2016 under subsection 7(c) of the Building Code 2016;

L\338250353.13 – July 2021 39


(f) declares that where it proposes to subcontract any of the Commonwealth Funded Building Work that is the subject of the project, should it be the successful tenderer, it will:

(i) not enter into a subcontract with a subcontractor who:

A. is covered by, or has Related Entities covered by, an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016;

B. is subject to an Exclusion Sanction; or

C. unless approved otherwise by the ABC Commissioner, is excluded from performing Building Work funded by a State or Territory Government; and

(ii) only enter into a subcontract where:

A. the subcontractor undertakes to only use products in relation to the project that comply with the relevant Australian standards published by, or on behalf of, Standards Australia;

B. the subcontractor undertakes to comply with the Workplace Relations Management Plan (if required) approved by the ABCC in accordance with Part 6 of the Building Code 2016 that applies to the project;

C. the subcontractor has submitted a declaration of compliance, including the further information outlined in the attachment to the declaration of compliance, in the form set out in the Proforma Building Code 2016 Subcontract Provisions (or in such other form as notified in writing by the Commonwealth);

D. the subcontract with the subcontractor contains clauses in the form set out in the Proforma Building Code 2016 Subcontract Provisions (or in such other form as notified in writing by the Commonwealth);

E. the subcontractor has advised, prior to entering into a subcontract with the Applicant, whether the subcontractor has within the preceding three year period:

1) had an adverse decision, direction or order made by a court or tribunal for a breach of a designated building law, work health and safety law or the Migration Act 1958 (Cth); or

2) been required to pay any amounts under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of Building Work) or owed any unsatisfied judgement debts (including by any Related Entity) to a Building Contractor or Building Industry Participant; and

F. the subcontractor has agreed to update the advice referred to in subsubparagraph E every six months for the duration of the subcontract between the Applicant and the subcontractor;

(g) declares that it has provided all of the further information required by Attachment A to this Declaration of Compliance;

(h) declares that:

(i) it and its Related Entities are not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016 (and it must complete question 1 of Attachment A to this Declaration of Compliance);

(ii) it is not subject to an Exclusion Sanction;

L\338250353.13 – July 2021 40


(iii) it has not had an adverse decision, direction or order made by a court or tribunal for a breach of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), a designated building law, work health and safety law or competition and consumer law which has not been stayed or revoked and for which the period for compliance has expired without it having complied with the decision, direction or order;

(iv) it will only use products in relation to the Project that comply with the relevant Australian standards published by, or on behalf of, Standards Australia, should it be the successful tenderer; and

(v) it has provided as part of its Registration of Interest a Workplace Relations Management Plan (if required) for approval by the ABCC in accordance with Part 6 of the Building Code 2016; and

(i) confirms that all information provided in this Schedule F - Building Code 2016 is true and correct at the time of lodging its Registration of Interest.

[INSERT DATE]

[S 127 OF CORPORATIONS ACT]

Declared and executed by [INSERT NAME] in accordance with section 127 of the Corporations Act 2001 (Cth):

Signature of director Signature of company secretary/director

Full name of director Full name of company secretary/director

[OR - AUTHORISED SIGNATORY OF COMPANY]

Declared and signed for and on behalf of [INSERT NAME] by its authorised signatory in the presence of:

Signature of witness Signature of authorised signatory

Full name of witness Full name of authorised signatory

[THESE ARE EXAMPLE EXECUTION CLAUSES ONLY. INSERT APPROPRIATE EXECUTION CLAUSE FOR APPLICANT]

[THE APPLICANT MUST ENSURE THAT THE DECLARATION OF COMPLIANCE IS COMPLETE, ACCURATE, DULY EXECUTED AND VALID]

L\338250353.13 – July 2021 41

Attachment A - Information regarding compliance with the Building Code 2016

The Applicant must provide the following information as part of its Declaration of Compliance:

1. Does the Applicant or its Related Entities have an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016?1

YES NO

Please provide details:

[COMPLETE THE FOLLOWING QUESTION AND ATTACH THE REQUIRED EVIDENCE ACCORDING TO THE APPLICANT'S SITUATION. SEE CLAUSE 13.4 OF THE INVITATION TO REGISTER INTEREST REGARDING PROVISION OF BUILDING CODE 2016 EVIDENCE OF ELIGIBILITY TO LODGE A REGISTRATION OF INTEREST FOR THE PROJECT AND THE CONSEQUENCES OF A FAILURE TO PROVIDE THIS EVIDENCE - THE ONUS IS ON THE APPLICANT TO ESTABLISH TO THE COMMONWEALTH'S SATISFACTION ITS ELIGIBILITY TO REGISTER INTEREST.]

Does the Applicant or its Related Entities have an Enterprise Agreement made or varied (in accordance with section 207 of the Fair Work Act 2009 (Cth)) on or after 25 April 2014 that covers the Applicant or its Related Entities in respect of Building Work?

YES NO

If Yes, the Applicant must:

(a) attach:

(i) a copy of the letter of compliance issued by the ABCC; or

(ii) a completed Self-Declaration of Eligibility A (a template of which is available from the ABCC),

only related to the entity that will carry out the Building Work in relation to the project;2 and

(b) list all Enterprise Agreements made or varied (in accordance with section 207 of the Fair Work Act 2009 (Cth)) on or after 25 April 2014 that cover the Applicant or its Related Entities in respect of Building Work:

NAME OF ENTITY COVERED BY THE ENTERPRISE AGREEMENT

TITLE OF ENTERPRISE AGREEMENT THAT COVERS THE APPLICANT OR ITS RELATED ENTITIES IN RESPECT OF BUILDING WORK

DATE MADE OR VARIED (IN ACCORDANCE WITH SECTION 207 OF THE FAIR WORK ACT 2009 (CTH))

FAIR WORK COMMISSION REFERENCE

DOES THE ENTITY HAVE AN ABCC LETTER OF COMPLIANCE (DETERMINATION) IN RELATION TO THE AGREEMENT?

IF NO, IS THE ENTITY ENTITLED TO AN EXEMPTION OUTLINED IN SCHEDULE 5 OF THE BUILDING CODE 2016 IN RELATION TO THE ENTERPRISE AGREEMENT?

[INSERT] [INSERT] [INSERT] [INSERT] [YES/NO] [INSERT]

If No, the Applicant must complete and attach Self-Declaration of Eligibility A (a template of which is available from the ABCC).

2. Is the Applicant excluded from performing Building Work funded by a State or Territory Government? If so, the Commonwealth reserves the right to exclude the Applicant from further consideration.

YES NO

1 Refer to the ABCC website for information regarding meeting the requirements of section 11 of the Building Code 2016 and the form of evidence required to demonstrate eligibility to lodge a Registration of Interest for the project.2 Transitional letters of compliance issued by the ABCC for Enterprise Agreements made before 2 December 2016 are no longer valid.

L\338250353.13 – July 2021



[INSERT]

3. Does the Applicant confirm that it and its Related Entities are eligible to perform Commonwealth Funded Building Work at the time of lodging its Registration of Interest?

YES NO


[INSERT]

4. Does the Applicant positively commit to the provision of appropriate training and skills development for its workforce, and, if so, what evidence can the Applicant supply in relation to this (for example, evidence of its compliance with any State or Territory Government building training policies and evidence of its support in the delivery of nationally endorsed building and construction competencies)?

YES NO


[INSERT]

5. How many current apprentice and trainee employees are engaged or intended to be engaged by the Applicant to undertake the Commonwealth Funded Building Work that is the subject of the project?


[INSERT]

6. How many and what classes of persons that hold visas under the Migration Act 1958 (Cth) are engaged or intended to be engaged by the Applicant to undertake the Commonwealth Funded Building Work that is the subject of the project?


[INSERT]

7. Has the Applicant within the preceding three years had an adverse decision, direction or order of a court or tribunal made against it for a breach of a designated building law, work health and safety law or the Migration Act 1958 (Cth)?

YES NO


[INSERT]

8. Has the Applicant or its Related Entities within the preceding three years been required to pay any amount under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of Building Work) to a Building Contractor or Building Industry Participant?

YES NO


[INSERT]

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9. Has the Applicant or its Related Entities within the preceding three years owed any unsatisfied judgement debts to a Building Contractor or Building Industry Participant?

YES NO


[INSERT]

WORKPLACE RELATIONS MANAGEMENT PLAN

If clause 13.3(c) states that a Workplace Relations Management Plan is required to be submitted:

(a) the Applicant must provide a proposed Workplace Relations Management Plan which meets the requirements described in section 32 of the Building Code 2016 (including any matters in Schedule 3 of the Building Code 2016 that the ABCC consider necessary which may be the subject of an addendum under clause 4.1(b) of the Invitation to Register Interest) for the approval of the ABCC; and

(b) the Workplace Relations Management Plan should be provided as an attachment to this Schedule F - Building Code 2016 capable of issue to the ABCC in accordance with the requirements specified by the ABCC.

Where an Invitation to Register Interest is submitted on a Joint Bid Basis, a single Workplace Relations Management Plan must be provided with the Applicant's response to Schedule F - Building Code 2016, which relates to all joint bid parties.

The Applicant should note that it may provide its proposed Workplace Relations Management Plan prior to the ATM Close Date and ATM Close Time (in accordance with the administrative arrangements for Schedule F - Building Code 2016 set out at clause 3.3(a) of the Invitation to Register Interest) to the ITR Administrator via the ITR Administrator's designated email address.

If the Applicant does provide its proposed Workplace Relations Management Plan to the ITR Administrator prior to the ATM Close Date and ATM Close Time, it must still provide its proposed Workplace Relations Management Plan (unamended in all respects from that provided prior to the ATM Close Date and ATM Close Time) as part of this Schedule F - Building Code 2016.

A model WRMP can be found on the ABCC website at https://www.abcc.gov.au/building-code/contractors/tendering/workplace-relations-management-plans-wrmp.

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Attachment B - Workplace Relations Management Plan

[SELECT APPLICABLE OPTION BELOW AND DELETE INAPPLICABLE OPTION.]

[OPTION 1:

APPLICANT TO INSERT; OR

OPTION 2:

Not applicable.]

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SCHEDULE GSTATEMENT OF TAX RECORD

[THIS Schedule G - STATEMENT OF TAX RECORD WILL ONLY APPLY IF CLAUSE 23 APPLIES. OTHERWISE DELETE THE CONTENTS OF THIS SCHEDULE AND MARK IT "NOT USED"]

The Applicant’s attention is drawn to clauses 3.1(b) and 23 of the Invitation to Register Interest.

As noted in clause 23 of the Invitation to Register Interest, this Schedule G - Statement of Tax Record only applies if clause 23 of the Invitation to Register Interest applies.

The Applicant’s attention is also drawn to the Black Economy Procurement Connected Policy, which imposes obligations on the Commonwealth to obtain from applicants valid and satisfactory STRs. More information about the requirements arising under the Black Economy Procurement Connected Policy is available from the Department of Treasury at https://treasury.gov.au/policy-topics/economy/black-economy/procurement-connected-policy.

The Applicant must complete and lodge Schedule G - Statement of Tax Record. This is a minimum form and content requirement under clause 3.1(b) of the Invitation to Register Interest.

1. Subject to paragraph 2 below, the Applicant is to provide and attach each of the valid and satisfactory STRs referred to in the table below as applicable to the Applicant.

If the Applicant is: STRs required:

a. a body corporate or natural person a valid and satisfactory STR in respect of that body corporate or person

b. a partner acting for and on behalf of a partnership

a valid and satisfactory STR:

(i) on behalf of the partnership; and

(ii) in respect of each partner in the partnership that will be directly involved in the delivery of any resultant contract or subcontract (as applicable)

c. a trustee acting in its capacity as trustee of a trust

a valid and satisfactory STR in respect of the:

(i) trustee; and

(ii) the trust

d. a joint venture participant a valid and satisfactory STR in respect of:

(i) each participant in the joint venture; and

(ii) if the operator of the joint venture is not a participant in the joint venture, the joint venture operator

e. a member of a Consolidated Group a valid and satisfactory STR in respect of:

(i) the relevant member of the Consolidated Group; and

(ii) the head company in the Consolidated Group

f. a member of a GST Group a valid and satisfactory STR in respect of the:

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(i) the GST Group member; and

(ii) the GST Group representative

2. If the Applicant has requested any of the STRs required under paragraph 1 above but the STR has not been issued by the Australian Taxation Office prior to the ATM Close Date and ATM Close Time, the Applicant must provide and attach the STR receipt issued by the Australian Taxation Office demonstrating that the STR was requested from the Australian Taxation Office prior to the ATM Close Date and ATM Close Time.

3. The Applicant is requested to note that, in accordance with clause 23.1(d) of the Invitation to Register Interest, if the Applicant provides and attaches in its response to this Schedule G – Statement of Tax Record an STR receipt issued by the Australian Taxation Office demonstrating that any of the STRs required under this Schedule G – Statement of Tax Record were requested from the Australian Taxation Office prior to the ATM Close Date and ATM Close Time, then:

(a) the Applicant must provide all of the required valid and satisfactory STRs to the ITR Administrator by email within 4 business days after the ATM Close Date and ATM Close Time; and

(b) if the Applicant does not provide all of the required valid and satisfactory STRs to the ITR Administrator by email within 4 business days after the ATM Close Date and ATM Close Time, the Commonwealth may (in its absolute discretion) decide not to evaluate (or continue to evaluate) the Registration of Interest.

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