Part 3 – Response Form – General
Response Form – General
Introduction
The RFI Response Forms
This Request for Information (RFI) includes 4 Response Forms:
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Part 3a- RFI Response Form – Technical Response (Excel Spreadsheet)
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Part 4a – RFI Response Form – Pricing Table
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Attachment A – FOCI form
In their Responses, suppliers should respond to the questions, and supply the information and materials, in the same order and under the same headings as shown in these Response Forms.
About this Part
This Part 3 – RFI Response Form – General describes the Conditions for Participation, and the general and technical information that suppliers should provide in their Responses. It includes the following sections:
Section 1 – The Conditions for Participation
Judicial decisions relating to employee entitlements
Should the ATO progress to a potential second stage following this RFI process, it is a Condition for Participation that a Respondent (and each subcontractor that the Respondent identifies in its Response) must not have any unpaid claims in respect of judicial decisions (other than decisions subject to appeal) made against it relating to employee entitlements.
 | See paragraph 6.7 of the Commonwealth Procurement Rules (CPRs). The CPRs are published by the Department of Finance and Deregulation on its website at www.finance.gov.au. |
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Workplace Gender Equality
Should the ATO progress to a potential second stage following this RFI process, it is Commonwealth policy not to purchase goods or services from suppliers who do not comply with their obligations under the Workplace Gender Equality Act 2012 (Cth) (the WGE Act). A supplier must:
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identify in its Response whether or not it’s a relevant employer for the purposes of the WGE Act, and
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if so either include a current letter of compliance (a letter stating it is compliant with that Act) from the Workplace Gender Equality Agency (WGEA) with its Response, or provide it to the ATO before entering into the Contract (if its Tender is successful).
| Suppliers can contact WGEA to confirm if they are ‘relevant employers’ and, if so, obtain letters of compliance. Contact details are on its website at www.wgea.gov.au. |
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Satisfactory Statement of Tax Record
Should the ATO progress to a potential second stage following this RFI process, it is a Condition for Participation that a Respondent holds:
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in relation to itself (or, if a Responding Group, each of its members) – either a valid and satisfactory Statement of Tax Record (STR) by the Closing Time, or a receipt demonstrating that a STR has been requested from the ATO by the Closing Time and a valid and satisfactory STR no later than (subject to the Shadow Economy Procurement Connected Policy) 4 business days after the Closing Time, and
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in relation to each subcontractor that the Respondent proposes, as part of its Response, to have deliver Required Supplies of an estimated value of over $4 million (GST inclusive) – a copy of a valid and satisfactory Statement of Tax Record for that subcontractor by the Closing Time.
The ATO may, before entering into the Contract (if the Respondent is successful), require the Respondent to ensure that any such STR that is not valid at that time is renewed.
Indigenous Procurement Policy
Should the ATO progress to a potential second stage following this RFI process, it is Commonwealth policy to stimulate Indigenous entrepreneurship and business development, providing Indigenous Australians with more opportunities to participate in the economy, including by requiring contractors to have Indigenous Participation Plans as described in the Indigenous Procurement Policy (IPP).
As part of its Response to any future procurement process, a supplier must:
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describe the supplier’s commitment to Indigenous participation and its current rate of Indigenous employment and supplier use,
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provide the supplier’s proposed Indigenous Participation Plan, which should address the above, how it intends on meeting the minimum mandatory requirements (MMR, as described in the IPP), and if any part of the Required Supplies will be delivered in a Remote Area (as described in the IPP), how that will achieve significant Indigenous participation outcomes in that area, and
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indicate if the supplier has been subject to MMR targets previously, and if so, provide details of its past performance in meeting them.
If a future procurement process was undertaken for any parts or components of the Required Supplies that are to be delivered in a remote area, would be detailed in the Part 2 – Statement of Requirements (or similar document).
| A supplier should note that, if its Response is successful, its Indigenous Participation Plan will be developed and attached to the resultant Contract, and the supplier will be required to comply with and report against that developed Indigenous Participation Plan during the term of the Contract. |
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Commonwealth Supplier Code of Conduct
The Commonwealth Supplier Code of Conduct (Code) is mandated by paragraph 6.12 of the Commonwealth Procurement Rules (CPRs), which requires the Code to be incorporated into all Commonwealth forms of contract entered into from 1 July 2024. A Commonwealth form of contract, in this context, is any contract that uses Commonwealth terms and conditions (as opposed to a contract that is based on a suppliers’ terms and conditions).
The Code outlines the Commonwealth’s minimum expectations of suppliers and their subcontractors while under contract with the Commonwealth. The expectations in the Code cover ethical behaviour; corporate governance; business practices; and health, safety, and employee welfare. These expectations do not supersede or alter a supplier’s existing legislative, policy, regulatory or other contractual obligations.
Where requested by the ATO, Respondents and suppliers must be able to demonstrate they have appropriate policies, frameworks, or similar, in place regarding ethics, governance and accountability to comply with these expectations. Failure to adhere to the Code may result in remedial action and/or termination in accordance with contractual provisions.
| For information on the application of Commonwealth Supplier Code of Conduct, see the Commonwealth Supplier Code of Conduct - Overview page on DoF’s website. |
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Outcome of this RFI Process
As a direct result of this RFI, the ATO may proceed with a second stage that includes any of the following options after an analysis of responses to this RFI:
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Shortlist to potential viable solutions,
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Request for Tender (RFT),
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Request for Quote (RFQ),
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Limited Tender (LT),
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Proof of Concept (PoC),
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Product demonstration or trial (PD), and/or
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RFI closure.
- To be considered for this potential second stage of the RFI process, Suppliers should have provided a response to this document (RFI-15434).
Section 2 – Respondent’s details
Information about the Respondent
The Respondent should provide the following company, firm and/or business details as appropriate. Where a Response is submitted by a Responding Group, these details should be provided for each member of that group.
Respondents’ compliance with conditions
The Respondent should provide the following details and information as appropriate (during this RFI the ATO will not request evidence of compliance with the below. However, if a procurement process is undertaken post this RFI, evidence will be requested where required to confirm compliance):
General information about the Response
The Respondent should provide the following details and information as appropriate:
Section 3 – Respondent information
Details of Response
The Respondent should provide the following details and information as appropriate.
Respondent’s responses in relation to Part 2 – Statement of Requirements
The Respondent should provide the following details and information as appropriate.
PART 3a - RFI RESPONSE FORM – TECHNICAL
Section 4 – Respondent’s Declaration
Respondent’s Declaration
The Respondent should provide, as part of its Response and in accordance with the following instructions, the Declaration set out below: