BULK PRINTING AND MAILING SERVICES FOR RADIOCOMMUNICATION LICENCES, EXPIRY NOTICES AND FINANCIAL DOCUMENTS

Transcription

1 Request for Tender 05/ACMA011 BULK PRINTING AND MAILING SERVICES FOR RADIOCOMMUNICATION LICENCES, EXPIRY NOTICES AND FINANCIAL DOCUMENTS Page 1 of 60 File reference: ACMA2005/313

2 Contents 1. Tender Details Introduction Invitation to Tender Summary of Requirements Conditions of Tender Lodging of Tenders Packaging and Identification of Tenders Documents to be Lodged Electronic Documents Late Lodgement Policy Registration of Participation in RFT Requests for Further Information Variation and Termination of the RFT Errors and Alterations Alternative Tenders Part Tenders and Joint Tenders Confidential Information Statement of Compliance Tenderer s Confidential Information Ethical Dealing Conflicts of Interest Application of Law and Commonwealth Policy Tenderers to Inform Themselves Disclaimer Use of Tender Documents Offers and Acceptance of Offer Reporting and Disclosure Obligations Matters Concerning Tender Response Tender Response Complaints General Matters Evaluation of Tenders Evaluation Methodology Conditions of Participation Essential Requirements Tender Evaluation Clarification, Shortlisting and Negotiations Interpretation of RFT Definitions and Interpretation Governing Law Schedule 1: Statement of Requirements Scope Base Stock & Envelopes to be Supplied Small Envelopes Page 2 of 60

3 Large Envelopes Apparatus Licence Licence Follower Pages Notice of Expiry Expiry Follower Pages Quotation, Tax Invoice, Tax Invoice Adjustment and Statements Amendments Base Stock Provision of Base Stock to ACMA Printing of Additional Inserts Maintenance of Electronic Templates Electronic Data Exchange Files Amendments to Data Files/Fields Personalisation of Pre-printed Documents Overview of Production Runs Timeframe for Production Run Production Run Pre-sorting & Packaging of Documents Pre-sorting Packaging of Contents Page Insertion Limit Packaging of Multiple Page Documents Intelligent Enveloping & Mailing Folding and Insertion Delivery to Australia Post Performance Management Production Run Reports Delays in Production Run Damaged/spoilt output from a Production Run delivered to Licensees Initial Establishment of Service Implementation Plan Contract Management Schedule 2: Draft Contract Schedule 3: Statement of Compliance Schedule 4: Response Cover Sheet Schedule 5: Profile of Tenderer Schedule 6: Tenderer s Declaration Schedule 7 Pricing Offerred Appendix 1: Document & File Examples Sample Quotation, Tax Invoice, Tax Invoice Adjustment File Sample Licence Notice Print File Sample Expiry Notice Print File Sample Documents Appendix 2: Print Format Specification Quotations, Tax Invoices etc Page 3 of 60

4 1. Tender Details Closing Time 2.00 pm Australian Eastern Daylight Savings Time at Canberra on Tuesday 22 November Offer Period Tenders will remain open for acceptance for a period of 90 days after the Closing Time. Project Officer Name: Wayne Huxley Title: Manager, Business Systems Integration Team Address: PO Box 78 Belconnen ACT 2616 Telephone: Facsimile: wayne.huxley@acma.gov.au Tender Details Request for Tender 05/ACMA011 in relation to Bulk Printing and Mailing Services for Radiocommunications Licences, Expiry Notices and Financial Documents. Tender Box By mail: Tender Box Australian Communications and Media Authority PO Box 78 Belconnen ACT 2616 By hand: Australian Communications and Media Authority Ground floor, Building 7 (Purple Building) Benjamin Offices, Belconnen ACT 2616 By tbox@acma.gov.au Contracts Officer Name: Mark Gairey Title: Senior Purchasing Officer Address: Corporate Governance Australian Communications and Media Authority PO Box 78 Belconnen ACT 2616 Telephone: (02) Facsimile: (02) mark.gairey@acma.gov.au Page 4 of 60

5 2. Introduction 2.1. Invitation to Tender 1. The Commonwealth of Australia represented by the Chief Executive Officer of the Australian Communications and Media Authority, a body corporate established under the Australian Communications and Media Authority Act 2005, ABN , ( the Commonwealth ) invites Tenders for the provision of the requirements set out in the Statement of Requirements in accordance with this Request for Tender (RFT). This RFT is made for the benefit of the Australian Communications and Media Authority ( ACMA ) Summary of Requirements 2. This section provides background material and information concerning the requirement. Nothing in this section shall be construed as a representation on the part of ACMA as to ACMA s future conduct or the project schedule. 3. The Australian Communications and Media Authority administers, on behalf of the Commonwealth Government, the Radiocommunications Act 1992, Broadcasting Act 1992 and Telecommunications Act These Acts cover a range of communications responsibilities including provision for the issue and renewal of Radiocommunications Licences which, subject to the payment of a tax, authorise the operation of radiocommunications Transmitters and Receivers. ACMA currently managers over 140,000 radiocommunications licences. 4. The successful Tenderer will be required to undertake the printing of Licences, Expiry Notices and a range of other financial documents on a regular basis. The process includes the personalisation, folding, enveloping and lodgement of the documents with Australia Post. The services shall be provided for a period of two years with an option for a further two years, exercisable solely by ACMA. 5. Under existing arrangements approximately 6 to 8 weeks prior to either the expiry date of a Radiocommunications Licence, or the due date for the payment of an installment, a Quotation - Renewal/Installment Notice is sent to the licence holder. This advises them that either their licence is due to expire and will be renewed on receipt of the fee detailed in the notice, or that an installment payment is due. 6. Once payment is made for a renewal, a new authority in the form of an Apparatus Licence is issued and forwarded to the licensee. If payment for a renewal is not received by the due date a Notice of Expiry is issued. Instalment payments do not result in the issue of a new licence document. 7. If payment is made in full the Quotation becomes a Tax Invoice for the purposes of GST. However, where modification to one or more licences is requested, a separate Tax Invoice is printed and sent to the client together with the new licence document(s). Page 5 of 60

6 8. During the term of a licence, the holder may request a variation to their licence. If this occurs a replacement licence document together with a Tax Invoice and a Tax Invoice Adjustment Note are issued. 9. In addition to its radiocommunications licensing responsibilities, ACMA provides a range of other goods and services that requires Tax Invoices and/or Tax Invoice Adjustment Notices to be printed and sent to clients. Similarly, client financial statements detailing trading that has taken place over the preceeding period are produced on a monthly basis. At present statements are printed in-house. However, ACMA plans to move to external production within the term of the contract. 10. The information to be processed contains personal information on Licensees, and the Printing Contractor will be required to provide assurances that the personal information held or controlled by it in connection with any contract will only be used for the purposes of fulfilling its obligations under the contract. 11. Additionally, the Printing Contractor will be required to take all reasonable measures to ensure that personal information in its possession or control in connection with the contract is protected against loss and unauthorized access, use, modification or disclosure. 12. The complete Statement of Requirement is at Schedule 1 of this RFT. 13. Tenderers must be able to meet the conditions of participation identified in section The minimum content and format requirements of this RFT are identified in section Conditions of Tender 3.1. Lodging of Tenders 15. Tenders are to be lodged on or before the Closing Time. 16. Tenders may be lodged by mail or by hand at the Tender Box in a sealed envelope clearly marked with the Tender Details or electronically to ACMA s Tender Box. 17. Tenderers sending Tenders by mail or electronically by do so at their own risk and no responsibility will be accepted for Tenders delivered to an incorrect location or address. 18. Tenderers may only lodge Tenders electronically to ACMA s Tender Box when online lodgement is identified as an option for this RFT. 19. The time recorded by ACMA s Tender Box system for electronic lodgement of Tenders is deemed to be the correct time. The Commonwealth will only accept an official receipt issued by ACMA s Tender Box system as proof of the electronic lodgement of a Tender. 20. The Commonwealth and ACMA do not guarantee that transmission to ACMA s Tender Box will be available or will function or perform as expected or required. Tenderers use ACMA s Tender Box system at their own risk and no responsibility will be accepted for late Tenders. Page 6 of 60

7 21. Tenders will only be accepted into evaluation if lodged in accordance with this section Packaging and Identification of Tenders 22. For Tenders lodged by mail or by hand, Tenders should be enclosed in a sealed envelope or other sealed container endorsed with: a) the RFT number and Tender Closing Time; and b) the name of the Tender. 23. Where a Tenderer submits more than one response to this RFT each Tender should be submitted in a separate and appropriately endorsed envelope or container Documents to be Lodged 24. Tenderers should lodge an original (marked original ) and 2 copies, when lodging their Tender by mail or by hand. If there is a discrepancy between a copy (including any electronic copy) and the original, the original takes precedence. 25. Only material requested or required by this RFT should be lodged. Supporting or marketing material that has not been requested is not to be included. Where such material is included, it may be disregarded Electronic Documents 26. All Tenders in electronic format should be complete and standalone. No material may be incorporated by reference or link into the Tender documentation. 27. Tenderers warrant that they have taken reasonable precautions to ensure that Tender files are free from malicious software such as viruses, worms or other disabling features. Tenders that are found to contain malicious software may be excluded from the evaluation process. 28. If an electronic file is corrupt, illegible, inadequate or incomplete, the Commonwealth may exclude the Tender from evaluation, unless a hardcopy has been lodged. 29. Documents requiring a signature should be scanned and lodged in electronic format. The Commonwealth may request the Tenderer to provide any signed documentation that has been submitted in electronic form. If the Tenderer does not do so, the Commonwealth may exclude the Tender from evaluation Late Lodgement Policy 30. Any Tender will be deemed to be late if it is not lodged in accordance with section The Commonwealth will admit into evaluation any Tender that was received late solely due to mishandling by ACMA or ACMA staff. Page 7 of 60

8 3.6. Registration of Participation in RFT 32. Tenderers who wish to be kept advised of amendments and clarifications to this RFT process may register their interest by fax or to the Project Officer. In registering their interest, Tenderers must provide contact details with a suitable electronic means of communication such as fax or All alterations, corrections and notices will be made available by the Project Officer and will be placed on a website in the Tenders Section of ACMA s Internet Requests for Further Information 34. Requests for further information in relation to this RFT must be directed in writing to the Project Officer. 35. ACMA staff, on behalf of the Commonwealth, may circulate questions and their answers to all other Tenderers without disclosing the source of the questions or revealing the substance of a proposed Tender or other confidential information. 36. ACMA staff, on behalf of the Commonwealth, may decline to provide information to Tenderers that is considered: a) confidential information; b) security classified information or other sensitive information; c) information which may impede current or future competition in the market; or d) information that may provide a Tenderer with an unfair advantage in the RFT process Variation and Termination of the RFT 37. The Commonwealth may amend this RFT, including extending the Closing Time, by giving written notice. Any extension notice or other amendment will be given the same publication and distribution as the original RFT. 38. The Commonwealth and ACMA are not liable to a Tenderer who fails to become aware of any notice or amendment, which has been published and distributed in the same manner as the original RFT. 39. If the RFT is amended, the Commonwealth may request Tenderers to update and re-lodge their Tenders. 40. The Commonwealth may terminate the Tender process at any time Errors and Alterations 41. Tenderers are to initial any alterations made to a Tender. Tenders containing alterations that are not initialled, or pricing or other information that is not stated clearly and legibly may be excluded from consideration. 42. If the Commonwealth considers that there are unintentional errors of form in a Tender, ACMA staff (on behalf of the Commonwealth) may request the Tenderer to correct or Page 8 of 60

9 clarify the error, but the Commonwealth will not permit any material alteration or addition to the Tender. 43. Tenderers should immediately notify the Project Officer in writing if a Tenderer reasonably believes there is discrepancy, error, ambiguity, inconsistency or omission in this RFT Alternative Tenders 44. The Commonwealth will consider an alternative approach or solution only if the alternative Tender meets the mandatory and essential requirements as specified in this RFT. 45. Where an alternative Tender is proposed, a Tenderer should: a) separately identify, in detail, the proposed alternative approach or solution; b) specify each instance of change (including effect on the tendered price); c) state the reasons for each instance of change; and d) demonstrate how the proposed alternative approach is beneficial to ACMA. 46. Failure to provide this information may result in the Commonwealth not considering the alternative Tender Part Tenders and Joint Tenders 47. The Commonwealth will not consider a Tender for part of the requirements. 48. The Commonwealth will not consider joint Tenders and will only contract with a single legal entity Confidential Information 49. Tenderers are required to ensure that any of their employees, agents or sub-contractors involved in meeting ACMA s requirements do not either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of ACMA, the Commonwealth or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by ACMA or the Commonwealth and which ACMA or the Commonwealth indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential Statement of Compliance 50. Tenderers are to indicate in the Statement of Compliance (in Schedule 3) their level of compliance or otherwise with each clause of the Statement of Requirements and Draft Contract. Responses are to be in the order in which the clauses appear and refer to the relevant clause number or schedule. Non committal terms such as noted must not be used. Responses are to be limited, wherever possible, to the following expressions: a) complies means that the contractual condition, characteristic or performance requirement of the clause is agreed to: and b) does not comply means that the contractual condition, characteristic or performance requirement of the clause cannot or will not be met by the Tender. Page 9 of 60

10 51. Where a Tender does not comply with a particular clause, the manner and extent of noncompliance is to be stated in the Statement of Compliance. The Tenderer is to provide separately a summary list of clauses in respect of which there is non-compliance Tenderer s Confidential Information 52. The Commonwealth will treat, and will ensure that ACMA and ACMA staff treat, Tenderer provided information as confidential information. 53. The Commonwealth s and ACMA s obligation to keep confidential Tenderer provided information will not be taken to have been breached to the extent that the Commonwealth or ACMA disclosed the information: a) to its advisers, officers, employees or subcontractors solely in order to conduct the RFT process; b) to internal management personnel, solely to enable effective management or auditing of the RFT process; c) to the responsible Minister; d) in response to a request by a House or a Committee of the Parliament of Australia; e) to share within ACMA s organisation, or with a Commonwealth agency, where this serves ACMA s legitimate interests; f) as authorised or required by law to be disclosed; or g) where it is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality Ethical Dealing 54. The Commonwealth s policy is to engage in the highest standards of ethical behaviour and fair dealing throughout the Tender process. The Commonwealth requires the same standards from those with whom it deals. 55. Tenders should be compiled without improper assistance of employees or former employees of ACMA and without the use of information improperly obtained or in breach of an obligation of confidentiality. 56. Tenderers must not: a) engage in misleading or deceptive conduct in relation to the RFT process; b) engage in any collusive tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the RFT process; or c) attempt to influence improperly any officer, employee or agent of ACMA, or violate any applicable laws or Commonwealth policies regarding the offering of inducements in connection with the RFT process. Page 10 of 60

11 57. The Commonwealth may exclude from consideration any Tender lodged by a Tenderer which, in the Commonwealth s reasonable opinion, has engaged in any behaviour contrary to clause 56 in relation to the RFT process Conflicts of Interest 58. If a Conflict of Interest arises at any time during the RFT process, Tenderers are to immediately notify the Commonwealth in writing. If a Conflict of Interest arises, the Commonwealth may: a) enter into discussions to seek to resolve such Conflict of Interest; b) reject the Tender lodged by such a Tenderer; or c) take any other action it considers appropriate Application of Law and Commonwealth Policy 59. Tenderers should familiarise themselves with all relevant Commonwealth legislation and policies relating to the provision of the Statement of Requirements including: a) the Small and Medium Enterprises (SME) policy under which the Government is committed to agencies sourcing at least 10% of their purchases by value from SMEs. An SME is an Australian or New Zealand registered firm with fewer than 200 full time equivalent employees; b) Freedom of Information Act 1982 which gives members of the public rights or access to certain documents of ACMA and the Commonwealth; c) The Privacy Act 1988 (as amended by the Privacy Amendment (Private Sector) Act 2000) which aims to ensure that contractors and their subcontractors do not engage in an act or practice which, if done by ACMA or the Commonwealth, would breach the Information Privacy Principles. The Privacy Act also imposes obligations directly on contractors and subcontractors to comply with the National Privacy Principles; and d) The Trade Practices Act 1974 which aims to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Act prohibits various trade practices that tend to prevent or lessen competition in an Australian market for goods and services. 60. Where the Tenderer is currently named as not complying with the Equal Opportunity for Women in the Workplace Act 1999, the Commonwealth may exclude its Tender from further consideration. Page 11 of 60

12 61. The attention of Tenderers is drawn to the Auditor-General Act 1997 that provides the Auditor-General or an authorised person with a right to have, at all reasonable times, access to information, documents and records (see sections 32 and 33 of the Auditor- General Act 1997). 62. In addition to the Auditor-General s statutory powers, and in recognition of the need for the Auditor-General s functions to be conducted in an efficient and cooperative manner, if a Tenderer is chosen to enter into a contract, that Tenderer may be required to provide to the Auditor-General, or a delegate of the Auditor-General, access to information, documents, records and Commonwealth assets, including those on the Tenderer s premises. This access will be required at reasonable times on giving reasonable notice, for the purpose of carrying out the Auditor-General s functions and will be restricted to information and assets which are in the custody or control of the Tenderer, its employees, agents or subcontractors, and which is directly related to the contract. Such access will apply for the term of any contract entered into and for a period of five years from the date of expiration or termination. 63. Tenderers should obtain, and will be deemed to have obtained, their own advice on the impact of the Auditor-General Act 1997 on their participation in the RFT Tenderers to Inform Themselves 64. Tenderers are considered to have: a) examined this RFT, any documents referenced in this RFT and any other information made available by the Commonwealth or ACMA to Tenderers for the purpose of submitting a Tender; b) examined all further information which is obtainable by the making of reasonable inquiries relevant to the risks, contingencies, and other circumstances having an effect on their Tender; c) satisfied themselves as to the correctness and sufficiency of their Tenders including tendered prices; and d) satisfied themselves as to the terms and conditions of the Draft Contract and their ability to comply with the Draft Contract. 65. Tenders are submitted on the basis that Tenderers acknowledge that: a) they do not rely on any representation, letter, document or arrangement, whether oral or in writing, or other conduct as adding to or amending these conditions other than amendments in accordance with section 3.8; b) they do not rely upon any warranty or representation made by or on behalf of the Commonwealth or ACMA, except as are expressly provided for in this RFT, but Page 12 of 60

13 they have relied entirely upon their own inquiries and inspection in respect of the subject of their Tender; c) the Commonwealth and ACMA will not be responsible for any costs or expenses incurred by Tenderers in complying with the requirements of this RFT; and d) neither this RFT nor the Tender give rise to contractual obligations between the Commonwealth and the Tenderer Disclaimer 66. The Commonwealth and ACMA will not be liable to any Tenderer on the basis of any promissory estoppel, quantum meruit or other contractual, quasi contractual or restitutionary grounds whatsoever or in negligence as a consequence of any matter relating or incidental to a Tenderer s participation in this RFT process including instances where: a) a Tenderer is not invited to participate in any subsequent process following completion of this RFT process; b) the Commonwealth varies or terminates the RFT process; c) the Commonwealth decides not to contract for all or any of the requirements; or d) the Commonwealth exercises or fails to exercise any of its other rights under or in relation to this RFT. Page 13 of 60

14 3.20. Use of Tender Documents 67. All Tender documents submitted in response to this RFT will become the property of the Commonwealth and be in the custody of ACMA. 68. Intellectual property owned by the Tenderer or third parties in material contained in the Tender does not pass to the Commonwealth with physical property in the Tender documents. However, the Commonwealth is granted an irrevocable, royalty free licence to use, reproduce and circulate any copyright material contained in the Tender, or provided by the Tenderer in response to this RFT, to the extent necessary to conduct the Tender process and in the preparation of any resultant contract Offers and Acceptance of Offer 69. Lodging a Tender will constitute an offer in accordance with this RFT by the Tenderer for a period of not less than the Offer Period. 70. A Tender is not taken to have been accepted until a formal contract has been executed by the Tenderer and the Commonwealth on the basis of the Draft Contract, and notice by the Commonwealth to any Tenderer that it is, or is not, a preferred or successful Tenderer does not constitute an acceptance or rejection of any Tender Reporting and Disclosure Obligations 71. Following the evaluation of Tenders and the award of contract (if applicable), the Commonwealth will promptly inform all Tenderers of the outcome of the Tender process. 72. On request, the Commonwealth will provide an unsuccessful Tenderer with reasons that its Tender was not successful. The Commonwealth may choose to provide these reasons in writing or orally. 73. In addition, the Commonwealth is obliged to: a) list any contract for the benefit of ACMA arising out of this RFT with a consideration of $100,000 or more, on the ACMA Internet Website; and b) publish agreements with an estimated contract value of $10,000 or more on a website of DOFA s Internet Website. 4. Matters Concerning Tender Response 4.1. Tender Response 74. Tenderers are referred to the Statement of Requirements and the evaluation criteria for information on the requirements sought by the Commonwealth in this RFT. Tenderers must submit with their Tender: a) Tenderer s details (including full name, any trading or business name, address, company details, ABN (if applicable) and contact for notices) as set out in the Response Cover Sheet in Schedule 4 and the Profile of Tenderer in Schedule 5; Page 14 of 60

15 b) Tenderer s response to the Statement of Requirements (in Schedule 1) must be consistent with the layout of Schedule 1 to the Draft Contract (see items A, B, C, D, E, F, G of that Schedule); c) detailed pricing (in Schedule 7); d) details of any specified personnel or subcontractors with particular experience or expertise who will assist in carrying out the requirements of the Draft Contract; e) details of past performance in providing the type of requirements; f) a list of, and contact details for, at least three recent clients of the Tenderer who are prepared to act as referees and a description of the goods and/or services supplied by the Tenderer to the referee; g) details of the Tenderer s insurance; h) Tenderer s Declaration (in Schedule 6); and i) details of the Tenderer s level of compliance (in Schedule 3). 75. The Draft Contract will form the basis of the final contract between the Commonwealth and the successful Tenderer. Tenderers are advised to examine its terms and conditions when framing their offer Complaints 76. A Tenderer may lodge a complaint if dissatisfied with any aspect of this RFT process and unable to resolves the issue with the Project Officer. Complaints should be directed in writing to the Contracts Officer. 77. The Contracts Officer, in assessing the complaint, is independent of the RFT process. 78. Complaints will not prejudice a Tenderer s participation in any of ACMA s future procurement processes General Matters 79. The Tender must be written in English and measurements are to be expressed in Australian legal units of measurement. Prices are to be in Australian dollars, unless otherwise stated. 80. A Tenderer may be required to demonstrate that it has the financial capacity to provide the requirements set out in the Statement of Requirements. 81. Prices are to be inclusive of: a) GST (as defined in section of the A New Tax System (Goods and Services Tax) Act 1999); b) all costs of complying with this RFT; and Page 15 of 60

16 c) all costs associated with doing all things necessary for the due and proper completion of the proposed contract. 82. The Tenderer must specify any discount (such as early payment terms) and incentives offered. 5. Evaluation of Tenders 5.1. Evaluation Methodology 83. The objective of the evaluation is to identify the Tenderer which meets ACMA s requirements and represents the best value for money. The Commonwealth s decision on the parameters and methodology for evaluation will be final Conditions of Participation 84. The Commonwealth will exclude a Tender from further consideration if the Commonwealth considers that the Tenderer has not provided the information specified in section Essential Requirements 85. The Commonwealth will exclude a Tender from further consideration if the Commonwealth considers that the Tender does not comply with:- a) production timeframes specified in the Statement of Requirements; or b) Australia Post requirements for DPID addressing, sorting and delivery Tender Evaluation 86. Subject to clause 88, the criteria to be applied for the purposes of evaluation are: a) the extent to which Tenders meet the Statement of Requirements; b) the degree of overall compliance with the RFT including the Draft Contract; c) price offerred; d) demonstrated ability to manage risk; e) the Tenderer s demonstrated capability to meet ACMA s requirements; and f) experience and past performance of the Tenderer including the skills and experience of any specified personnel or subcontractors. 87. The list of evaluation criteria is not in any order of importance. 88. If additional criteria are intended to be applied for the purposes of evaluation, the Commonwealth will notify Tenderers who will be given an opportunity to respond. 89. The Commonwealth may exclude from consideration Tenders that in the Commonwealth s opinion are incomplete or clearly not competitive. However, the Page 16 of 60

17 Commonwealth may consider such Tenders and seek clarification in accordance with section Clarification, Shortlisting and Negotiations 90. The Commonwealth may: a) use any relevant information obtained in relation to a Tender (through this RFT or by independent inquiry of the Tenderer s referees or references) in the evaluation of Tenders; b) enter into negotiations or discussions with any one or more Tenderers with conforming Tenders; and c) seek clarification of any omissions, ambiguities or anomalies from any Tenderer. Where such a clarification request is made and a response is not received within 2 working days, ACMA may exclude the Tender from further consideration. 91. The Commonwealth may shortlist Tenderers at any time during the evaluation process. If it does so, Tenderers will be advised accordingly, and short listed Tenderers may be invited to provide further information on their Tender to the Commonwealth. 92. The Commonwealth may exclude from further consideration, Tenders that in the Commonwealth s opinion are incomplete, or clearly not competitive. 6. Interpretation of RFT 6.1. Definitions and Interpretation 93. Unless a contrary intention is indicated, this RFT is interpreted in the same manner, and its terms have the same meaning, as in the Draft Contract in Schedule In this RFT, unless the contrary intention appears: a) Closing Time means the date and time set out in section 1; b) Conflict of Interest means any matter, circumstance, interest, or activity affecting the Tenderer (including the officers, employees, agents and subcontractors of the Tenderer) which may or may appear to impair the ability of the Tenderer to provide the requirements for the benefit of ACMA diligently and independently; c) Contracts Officer means the person set out in section1; d) Draft Contract means the document set out in Schedule 2; e) Offer Period means the period set out in section 1; f) Project Officer means the person set out in section 1; g) Statement of Compliance means the statement of compliance set out in Schedule 3; h) Statement of Requirements means the statement of requirements set out in Schedule 1; i) Tender Box means the tender box set out in section 1; j) Tender Details means the tender details set out in section 1; and Page 17 of 60

18 k) Tenders Section of ACMA Internet means that part of ACMA s website for business opportunities, located at Governing Law 95. The governing law of the Australian Capital Territory applies to the RFT. The courts of the Australian Capital Territory have non-exclusive jurisdiction to decide any matter arising out of this RFT. Page 18 of 60

19 Schedule 1: Statement of Requirements 1. Scope ACMA is seeking provision of services to print approximately, 50,000 licence Quotation Renewal/Instalment Notices, 50,000 licence documents, 8,000 licence Expiry Notices, Tax Invoices, Tax Invoice Ajustment Notes and 5,000 Client Statements annually. The Printing Contractor will be responsible for:- pre-printing and storage of base stock for licences, 2nd page followers (licence & expiry notices), expiry notices, quotations and envelopes on automation grade paper meeting AS227 (1994); maintaining electronic templates used for the production of Quotation Renewal/Instalment Notices, Tax Invoices ( Payment Required & No Payment Required ), Tax Invoice Adjustment Notices and Statements. (NB Automated statement printing will be introduced during the term of the contract); personalisation of base stock and electronic templates using information provided weekly by ACMA in electronic file format; converting the Australia Post Delivery Point Identifier (DPID) number provided as part of the data file into the address bar code as part of the personalisation process; folding and insertion of documents into DLX, envelopes, or for clients with large numbers of licences, into A4 envelopes; delivery of mail, sorted as per Australia Post s requirements for lodgement of mail using DPIDs, to the nominated Australia Post Office; printing and insertion of flyers as part of the bulk mail process as required; and contract administration and reporting. 2. Base Stock & Envelopes to be Supplied The base stock quantities are annual estimates only. ACMA reserves the right to increase or decrease the quantities required. Tenderers when completing Schedule 7, should clearly indicate in the remarks column their pricing structure for increased or decreased quantities. Small Envelopes Supply, print and store DLX size white woven gsm (tropical gum) envelopes with large window panel (39 x 95 mm). Return address, ACMA logo and postage paid indicator are to be printed in Pantone Reflex Blue U. At all times during the term of the contract, a supply of at least one-quarter of the annual estimated requirements of envelopes will be held in stock. Page 19 of 60 Annual Quantity: 200,000

20 Large Envelopes Supply, print and store A4 white woven 85 gsm (tropical gum) envelopes with pre-printed return address, ACMA logo and postage paid indicator in Pantone Reflex Blue U. At all times during the term of the contract, a supply of at least one-quarter of the annual estimated requirements of these small envelopes will be held in stock. Annual Quantity: 2,000 Apparatus Licence Supply, print and store double sided flat sheet Apparatus Licence base stock size A4 297mm deep x 210mm wide, white bond 80 gsm. The top of the sheet face is to be white with the bottom 215mm printed with a 20% Pantone Reflex Blue U background screen with diagonal ACMA watermark. The document title is to be printed using 100% Pantone Reflex Blue U with other printing including logo to be Pantone Black U. Printing on the rear of the sheet to be Pantone Black U with a 20% Pantone Reflex Blue U background screen. At all times during the term of the contract, and unless otherwise agreed, a supply of at least onequarter of the annual estimated requirements of these Apparatus Licences will be held in stock. Annual Quantity: 50,000 Licence Follower Pages Supply, print and store double sided flat sheet Follower Page base stock which is used as the 2 nd page for Apparatus Licences. Each Follower Page shall be A4 297mm deep x 210mm wide, white bond 80gsm, with each side printed with a 20% Pantone Reflex Blue U background screen and a diagonal ACMA watermark. ACMA logo shall be printed in Pantone Black U on the top right of each side. At all times during the term of the contract, and unless otherwise agreed, a supply of at least onequarter of the annual estimated requirements of these Follower Pages will be held in stock. Annual Quanity: 30,000 Notice of Expiry Supply, print and store double sided flat sheet Notices of Expiry size A4 297mm deep x 210mm wide, white bond 80 gsm. Top sheet to be printed Pantone Red O32U and Pantone Black U, plus 20% Pantone Red O32U background screen. Reverse to be printed in Pantone Black U. At all times during the term of the contract, and unless otherwise agreed, a supply of at least onequarter of the annual estimated requirements of these Notices of Expiry will be held in stock. Annual Quantity: 8,000 Page 20 of 60

21 Expiry Follower Pages Supply, print and store double sided flat sheet Follower Page base stock which is the 2 nd page for Expiry Notices. Each Follower Page shall be A4 297mm deep x 210mm wide, white bond 80gsm, with each side printed with a 20% Pantone Red O32U background screen. and a diagonal ACMA watermark. ACMA logo shall be printed in Pantone Black U on the top right of each side. At all times during the term of the contract, and unless otherwise agreed, a supply of at least onequarter of the annual estimated requirements of these Follower Pages will be held in stock. Annual Quantity: 4,000 Quotation, Tax Invoice, Tax Invoice Adjustment and Statements Print double sided flat sheet size A4 297mm deep x 210mm wide, white bond 80 gsm printed Pantone % screen (scan non readable ink) with a micro perforated 87mm from bottom of the sheet (refer appendix 2). During the term of the contract, ACMA intends to automate it s client statement printing which will use the same base stock. At all times during the term of the contract, and unless otherwise agreed, a supply of at least onequarter of the annual estimated requirements will be held in stock. Annual Quanity: 54,000 Amendments Base Stock Before pre-printing any Envelopes, Notices, Licences, Tax Invoices or Follower Pages, it is a requirement to:- contact the Project Officer designated by ACMA in order to determine whether any amendments are necessary to the printing specifications referred to in the relevant specification detailed in schedule 1 section 2, and if amendments are necessary, amend the printing specifications in accordance with any written instructions forwarded to the Production Manager by ACMA. Provision of Base Stock to ACMA ACMA print a small number of documents and will require for time to time to draw a small quantity of base stock from the primary stock held by the successful tenderer. The successful tenderer will be expected to package and post base stock to a location nominated by the Project Officer. Page 21 of 60

22 3. Printing of Additional Inserts ACMA may require from time to time additional documents (ie one to two A4 page information flyers) to be printed and inserted as part of these bulk printing arrangements. The successful tenderer will be expected to print the documents in accordance with any written instructions forwarded to the Production Manager by ACMA. 4. Maintenance of Electronic Templates ACMA may require from time to time modification of electronic software templates used for printing Quotations, Tax Invoices, Tax Invoice Adjustment Notices and Client Statements. The successful tenderer will be expected to undertake the required modification in accordance with any written instructions forwarded to the Production Manager by ACMA. 5. Electronic Data Exchange Files Each production run is initiated by ACMA forwarding one or more of the following types of files electronically to the Printing Contractor s nominated server. Licence.print file; Expiry.print file Quotation, Tax Invoice, Tax Invoice Adjustment Notice.print file. Client statement print file** ** The automated production of client statements is planned for implementation during the contract term and when introduced a file will be forwarded on a monthly basis. The data within each of these files relates to the Notice, Licence or Client of the same name, and will be compressed (refer appendix 1). Files for the licence and expiry print will be in a propriety ACMA format whereas files for Quotations, Tax Invoices, Tax Invoice Adjustment Notices and Statements will use industry standard XML format. (During the term of the contract ACMA plan to move all files to the XML format.) Following the data transfers, or as soon as possible afterwards, ACMA will send a fax or to the Printing Contractor confirming the quantity, and the types of file that has been dispatched. ACMA will retain a count of the number of documents within each file for comparison against the Production Run Report for the particular Production Run. Amendments to Data Files/Fields ACMA may during the contract term amend the specifications for the data file and/or fields to be printed on a Notice type, or a Licence.. Upon being notified by ACMA s Project Officer of a change, the Printing Contractor will be expected to undertake any software re-programming work required and to perform a dummy Production Run for verification by ACMA s Project Officer. Page 22 of 60

23 6. Personalisation of Pre-printed Documents Overview of Production Runs Each Production Run, which is usually undertaken on a weekly basis, is to be initiated by ACMA forwarding one or more data files electronically to the Printing Contractor s nominated server. Once the file(s) are received the data undergoes pre-processing to sort as per Australia Post s requirements, determine the DPID bar code images and is converted into a format suitable for the contractors printing machines. In the case of the Quotation, Tax Invoice ( Payment Required or No Payment Required ), Adjustment Note file, the template for the document to be printed is also determined. The data is then used to personalise the relevant base stock, the resulting documents being folded and inserted into DLX envelopes together with any additional inserts (refer sample documents appendix 1). If the number of documents for a particular client exceed the DLX envelope stuffing limits, the documents are inserted in an A4 envelope. Where this occurs a separate address label should be printed and afixed to the envelope. Once printing is completed, the envelopes are packaged and lodged with Australia Post. Timeframe for Production Run Unless otherwise agreed with ACMA, a Production Run will commence on the Monday of each week. If ACMA forwards all information associated with a Production Run to the Printing Contractor by 12 noon on a Monday, then the Printing Contractor will agree to complete that Production Run by 12 noon on the following Thursday (ie: within 3 Business Days). If ACMA does not forward all information associated with a Production Run to the Printing Contractor until after 12 noon on a Monday or the Monday is a public holiday, then the Printing Contractor will agree to complete that Production Run within 5 full Business Days of receipt. Notwithstanding the above paragraph, the Printing Contractor will use its best endeavors to complete the Production Run prior to the relevant deadline. 7. Production Run During each production run the Printing Contractor using a laser printing process will be required to:- overprint base stock for Apparatus Licences (including any Follower Pages double sided), Notices of Expiry (including any Follower Pages double sided), Quotations, Tax Invoices, Tax Invoice Adjustment Notices and Statements (as appropriate) with the personalisation data supplied by ACMA. In the case of Quotations, Tax Invoices, Tax Invoice Adjustment Notes and Statements a standard electronic template will be used as part of the personalisation process. Page 23 of 60

24 convert the Australia Post Delivery Point Identifier (DPID) numbers provided as part of the data files into an address bar code that conforms to Australia Post requirements and print as part of the address field. 8. Pre-sorting & Packaging of Documents Pre-sorting The Printing Contractor will sort all personalised documentation as per Australia Post s requirements for lodgement of mail using DPIDs. Packaging of Contents As ACMA has a number of large customers, Quotations, Apparatus Licences and Notices of Expiry may run to multiple pages. Where this occurs and the page insertion limit (see below) for a DLX envelope is reached, the Printing Contractor may insert these pages in up to 3 separate envelopes. However, the contractor must ensure a front page is printed and inserted as the first page in each separate envelope. Where the number of separate envelopes will exceed this number, the Printing Contractor will package the documents by a separate process (see packaging of multiple documents below). Page Insertion Limit The maximum number of pages that may be folded and inserted into a DLX size envelope by the Printing Contractor s mailing equipment will be 5 pages. Packaging of Multiple Page Documents The Printing Contractor will separately package multiple page Quotations, Apparatus Licences, Tax Invoices and Notices of Expiry, which exceed 3 times the capacity of a DLX size envelope. Each package will have a machine printed address label attached. The Printing Contractor will deliver all such packages to Australia Post in the same manner as all the other output from the Production Run. 9. Intelligent Enveloping & Mailing Folding and Insertion The Printing Contractor will fold and insert Quotations, Apparatus Licences, Tax Invoices, and Notices of Expiry (as appropriate) pertaining to the one licensee into DLX size envelopes. Insertion into a maximum of 3 envelopes for each licensee will be permitted. Where the number exceeds this limit, the Printing Contractor will separately package the relevant Notices and Licences. If directed by ACMA, the Printing Contractor will fold and insert any additional forms provided into: each envelope; or Page 24 of 60

25 packages (ie: multi page document package); corresponding to a particular type of document. Each page of any additional material shall be counted as one page for the purpose of the fee for Folding and Insertion. Delivery to Australia Post The Printing Contractor is required to package all mail resulting from a Production Run in accordance with any relevant Australia Post guidelines in force during the term of the contract. The Printing Contractor will then deliver this mail to Australia Post quoting ACMA s Lodgment Account Number (as notified by ACMA from time to time). The Printing Contractor will be responsible for ensuring that all mail resulting from a Production Run is delivered to Australia Post in an unspoiled condition and in a secure manner. 10. Performance Management The Printing Contractor shall appoint a Production Manager to be responsible for ensuring that each Production Run is completed within time; that all reports are submitted; and that ACMA s designated Project Officer is advised of any problems or delays which arise, together with recommended remedial action. Production Run Reports After each Production Run, the Printing Contractor will provide ACMA with an invoice and a report signed by the Production Manager which details the extent of the work undertaken during that Production Run. Each Production Run Report shall be marked for the attention of ACMA s designated Project Officer, and specify:- the number of each type of Envelope, Notice, Licence and Follower Pages (excluding spoils) pre-printed since the completion of the preceding Production Run; the number of each type of Envelope, Notice, Tax Invoice and Licence (excluding spoils) personalised during the Production Run; the numbers of single-page Notices and Licences enveloped for each type of Notice and Licence, and the number of licensees to which they were issued; the number of multiple-page Notices and Licences (but which did not require separate packaging) enveloped for each type of Notice and Licence, and the number of licensees to which they were issued; the number of Notices and Licences which were separately packaged (in accordance with packaging of multiple page documents ) for each type of Notice and Licence, and the number of licensees which were sent packages of this sort; Page 25 of 60