ࡱ> #` &bjbjmm KDDDDDDDT< H|F>La TVVVH~$h'nDFFFDD\\ \ \ FVDDT\ FT\ \ JhQDD8o dG%rTkBhqkl8oD8o0 \ + 7   ^   FFFF<,d8<,DDDDDD  Department of Human Services Tender for:National E-Health StrategyTender No:T08103 Tenders must be received by 2:00 pm on: Friday 7 March 2008 marked as follows: Confidential Tender Number: T08103 Tender Name: National e-health strategy Tender Box Department of Human Services Mailroom, Basement Level 1 (B1) 50 Lonsdale Street Melbourne Contents  TOC \t "Heading 1,2,Heading - 1,1,Heading - 2,3" Part A: Information for Tenderer  PAGEREF _Toc190492346 \h 1 1. Purpose of this Document  PAGEREF _Toc190492347 \h 1 2. Project Overview  PAGEREF _Toc190492348 \h 1 3. Project Objective  PAGEREF _Toc190492349 \h 1 4. Scope  PAGEREF _Toc190492350 \h 3 5. Background  PAGEREF _Toc190492351 \h 4 Part B: Tender Specifications  PAGEREF _Toc190492352 \h 7 6. Specification and Evaluation  PAGEREF _Toc190492353 \h 7 7. Evaluation of Tenders  PAGEREF _Toc190492354 \h 11 Part C: Conditions of Tender  PAGEREF _Toc190492355 \h 16 8. General Conditions  PAGEREF _Toc190492356 \h 16 9. Lodgement of Proposals  PAGEREF _Toc190492357 \h 18 10. Requests for Further Information  PAGEREF _Toc190492358 \h 19 11. Reservations  PAGEREF _Toc190492359 \h 21 12. Conflicts of Interest  PAGEREF _Toc190492360 \h 21 13. Confidentiality  PAGEREF _Toc190492361 \h 21 14. Probity of Tender Procedures  PAGEREF _Toc190492362 \h 21 15. Disclosure  PAGEREF _Toc190492363 \h 22 16. Lobbying  PAGEREF _Toc190492364 \h 23 17. Dumping of Goods  PAGEREF _Toc190492365 \h 23 18. Pricing  PAGEREF _Toc190492366 \h 23 19. Payments  PAGEREF _Toc190492367 \h 23 20. Alternative Proposals  PAGEREF _Toc190492368 \h 23 21. General Conditions of Response  PAGEREF _Toc190492369 \h 23 Part D: Tender Response Schedule  PAGEREF _Toc190492370 \h 25 Tender Response SchedulePart 1 Tenderer Details  PAGEREF _Toc190492371 \h 26 Tender Response SchedulePart 2 Supporting Information  PAGEREF _Toc190492372 \h 27 Tender Response SchedulePart 3 References  PAGEREF _Toc190492373 \h 29 Tender Response SchedulePart 4 Proposal  PAGEREF _Toc190492374 \h 30 Tender Response SchedulePart 5 Disclosure of Tender and Contract Information  PAGEREF _Toc190492375 \h 33 Tender Response Schedule - Part 6 Acceptance Of Terms & Conditions  PAGEREF _Toc190492376 \h 34 Attachment I Department of Human Services Standard-form Agreement  PAGEREF _Toc190492377 \h 35 Attachment II Sample Ethical Employment Statement  PAGEREF _Toc190492378 \h 36 Attachment III Sample Victorian Industry Participation Policy [VIPP] Statement  PAGEREF _Toc190492379 \h 39  Part A: Information for Tenderer Purpose of this Document This document is a Tender Brief and has been prepared to provide information to assist prospective Tenderers in the preparation and submission of proposals for the development of a national e-health strategy. Project Overview On behalf of the National e-health Information Principal Committee (NEHIPC) the Department of Human Services is seeking suitably qualified and experienced parties to develop a national e-health strategy that: Provides a vision for and desired outcomes of national action in e-health over the next 5-10 years Identifies priorities and next steps for development and implementation of a national e-health system Provides advice on the governance arrangements needed to oversight and manage national e-health projects and infrastructure Key dates for this proposal are indicated below. These dates are advised as a guide to projected timelines, only. The Department of Human Services will attempt to maintain this schedule, but reserves the right to vary key dates where necessary: Tenders advertised13 February 2008Closing date for submission of Tenders7 March 2008Shortlisting completed by11 March 2008Interviews conducted by14 March 2008All tenderer All Tenderers advised of Tender outcome by28 March 2008Service/project commencement by28 March 2008Service/project completion28 July 2008Project Objective The objective of this project is to develop a national e-health strategy through the identification of a national vision and goals for e-health. The strategy recognises existing and projected national and international efforts in e-health while also considering future developments in health service delivery. The strategy provides a practical roadmap for further national e-health development and implementation in this country, and allows prioritisation of existing and future investment in national e-health infrastructure and activities. The strategy should: Specify a vision for e-health in a national context to include discussion of: Models for health service delivery Enablers for improved efficiency and quality Consider population and demographic changes Workforce and skills Service delivery sustainability Physical transportation Emerging risks and influences Plan for change Identify drivers and influences of change International influences vendors, products and standards National and jurisdictional legislation Identify key priorities, goals and practical strategies and initiatives to support the national e-health vision Identify options for next steps in national collaboration in e-health over the next 5 - 10 years, which leverages existing national and international investment and experience. This must include: A review of the scope, funding and timetabling of existing and future significant national and state government e-health projects and initiatives. This would be based on an audit commissioned by NEHTA within the last 2 years and direct consultations with jurisdictions regarding any more recent developments; Advice on priority areas for progressing national collaboration in e-health (in accord with health system reform priorities including desired outcomes and models of care) and the benefits to be derived from proposed initiatives; Analysis of international experience that may guide prioritisation and practical implementation of e-health initiatives in Australia; Advice on a practical pathway for optimal pursuit of national e-health priorities, including timelines and parties responsible for each milestone. Gaps in current effort, incentives to promote uptake and opportunities to harness learnings from existing programs and projects must be identified. The pathway should identify necessary action and responsible parties to deliver sharing and utilising health information electronically, including incentives for uptake and any possible sanctions. Provide options for strengthened e-health governance. This must include: An analysis of existing national governance arrangements for both e-health and information management under the Australian Health Ministers Advisory Council (AHMAC); Options for strengthened AHMAC governance arrangements in line with national e-health directions, including how any new arrangements align with other organisations and committees progressing the national e-health agenda; Identification of governance structures needed to oversight and manage national e-health priorities, including e-health infrastructure and programs. In considering these structures reference will need to be made to the regulatory arrangements necessary for the effective and efficient operation of the future national e-health environment. Scope E-health is defined by the World Health Organisation (WHO) as the combined use of electronic communication and information technology in the health sector. It refers to the health care components delivered, enabled or supported through the use of information and communications technology. Examples include clinical communication systems such as online referrals and e-prescribing, and electronic health records. E-health is identified as a key enabler of models of care delivery, patient centred care, supported self-care, remote access and monitoring, and health system sustainability. The strategy should recognise existing national and jurisdictional efforts and investments in e-health by Australian, State and Territory health departments, the National E-Health Transition Authority (NEHTA), the Australian Health Information Council (AHIC) and the National E-Health and Information Principal Committee (NEHIPC). The strategy should focus on those aspects of e-health which are both necessary and sufficient to establish robust and effective national approaches to the creation, communication, storage, use and analysis of information. The national e-health strategy should be inclusive of both public and private health sectors, to guide the next phase of national e-health collaboration. The strategy will articulate priorities for e-health that are measurable and grounded in local and international evidence. The strategy will need to take account of the current and emerging issues in health service delivery facing government (Commonwealth, States and Territories), health care providers and consumers, in identifying priorities and governance arrangements. The e-health strategy will address the dimensions of information, information management (for primary clinical purposes and secondary reporting, evaluation and research), information technology, communications technology, medical technology and all associated enabling infrastructure (such as policy and legislative frameworks). It must assess and leverage work completed to date or currently underway. Period of Service The period of service is to commence on 28 March 2008 and the contract period will be for 3 months, ceasing on 28 July 2008. Extension of Contract Subject to satisfactory performance and agreement of the successful Tenderer, the Department of Human Services reserves the right to extend the contract period to a total period of 6 months. Background Department of Human Services The Department of Human Services, Victoria, on behalf of the Australian Federal, State and Territory Health Departments and the NEHIPC, is seeking suitably qualified and experienced parties to develop a national e-health strategy. The Department of Human Services is responsible for a wide range of services to diverse client groups across Victoria. The principal function of the Department of Human Services is to ensure the delivery of a range of health, housing and community services. The Department of Human Services Mission Statement is: To enhance and protect the health and well being of all Victorians, emphasising vulnerable groups and those most in need. Policy Context In 1993 the Australian Government and the States and Territories, recognizing the importance of a strategic national approach to the development of health information management and information communications technology, signed the first National Health Information Agreement (NHIA). The NHIA between the Australian Government, the State and Territory health authorities, the Australian Bureau of Statistics and the Australian Institute of Health and Welfare provides the foundation for the development, collection and exchange of uniform health data and information and tools to support analysis, research and comparison at all levels of the health system. National governance arrangements were established under the NHIA to oversee developments in statistical standards and other national information projects. Under the first NHIA uniform national data standards were developed and the National Health Data Dictionary, which contains metadata standards for a range of health services, was established. In 1995 the National Health Information Development Plan was released, promoting the development of high priority health information and equitable cost effective service arrangements. In 1998, the National Health Information Management Advisory Council (NHIMAC) was established to advise Health Ministers on options to promote a national uniform approach to more effective information management in the health sector. In 1999 NHIMAC released Health Online: A Health Information Action Plan for Australia. Under Health Online national action plans were developed focusing on health information standards, telehealth, supply chain reform in hospitals and electronic decision support. Australian Health Ministers established the National Electronic Health Records Taskforce in November 1999 to evaluate the potential of electronic health records for the Australian health care system. Based on the Taskforce recommendations, Ministers agreed in July 2000 to jointly fund a two year project to assess the value and feasibility of HealthConnect. The purpose of HealthConnect is to facilitate the adoption of common standards by all e-health systems so that vital health information can be securely exchanged between healthcare providers. HealthConnect trials have been operating in the Northern Territory and Tasmania since 2002. Trials commenced in North Queensland in 2003 and in New South Wales and Brisbane in 2005. Health information management and technology governance arrangements evolved over this period with the establishment in 2003 of the Australian Health Information Council (AHIC) and the National Health Information Group (NHIG). AHIC and NHIG were established to provide leadership on information management and technology, and to coordinate advice to Health Ministers. The key role of AHIC is to provide independent advice to Health Ministers, via the Australian Health Ministers Advisory Council (AHMAC), on long term directions and strategic reform issues. NHIG was established to provide advice to AHMAC on planning and management requirements, and to manage and allocate resources to health information projects and working groups. During 2005 and 2006, AHMAC reviewed its subcommittee and working group structures. As a result of the review, NHIG became the AHMAC Principal Committee on National Health Information Management (NHIMPC). In December 2007, AHMAC CEOS considered advice commissioned from KPMG regarding the scope and governance arrangements for strategic development of health information management in Australia. In January 2008, AHMAC agreed that the NHIMPC be reconstituted to take on a broader responsibility in relation to e-health alongside its existing focus on information management. Reflecting this broader focus the Principal Committee has been renamed the National E-Health and Information Principal Committee (NEHIPC), with the new structure and membership yet to be finalised. Provisional meeting dates for AHMAC in 2008 are as follows: 6 March (Hobart) 5 June (Melbourne) 9 October (Adelaide) Provisional meeting dates for the NEHIPC in 2008 are as follows: 16 April (Melbourne) 19 July (teleconference) 17 September (Melbourne) 26 November (Melbourne) NEHIPC is chaired by Ms Fran Thorn, Secretary of the Department of Human Services in Victoria. The NEHIPC currently comprises a representative from each Australian jurisdiction (as its core membership) and a representative from the Australian Health Information Council, the Australian Institute of Health and Welfare, the Australian Bureau of Statistics, the National Health and Medical Research Council, Medicare Australia, the Australian Commission on Safety and Quality in Health Care, the Department of Veterans Affairs and the New Zealand Ministry of Health. A number of standing committees and set for purpose working groups provide specialist advice to NEHIPC, and the Chairs of these committees/groups also attend NEHIPC meetings as observers. These currently include the: Statistical Information Management Committee (SIMC); Health Data Standards Committee (HDSC); National Health Performance Committee (NHPC); Population Health Information Development Group (PHIDG); and National Advisory Group on Aboriginal and Torres Strait Islander Health Information and Data (NAGATSIHID). In 2005, Australian Health Ministers noted the need for further cooperation on significant national e-health projects including clinical data standards and terminologies, consent models, secure messaging, user authentication, supply chain and electronic health records standards. This was endorsed by the Council of Australian Governments in June 2005. The National E-Health Transition Authority Ltd (NEHTA) was established in July 2005 to support the adoption of e-health in the Australian health sector. On 10 February 2006 Council of Australian Governments (COAG) agreed that: From February 2006, governments will accelerate work on a national electronic health records system to improve safety for patients and increase efficiency for health care providers by developing the capacity for health providers, with their patients consent, to communicate safely and securely with each other electronically about patients and their health. This requires: Developing, implementing and operating systems for an individual health identifier, a healthcare provider identifier and agreed clinical terminologies; and Promoting compliance with nationally-agreed standards in future government procurement related to electronic health systems and in areas of healthcare receiving government funding. (Better Health for all Australians, COAG Communiqu, February 2006) Funding was assigned to NEHTA to progress three significant infrastructure projects in the development of e-health, namely to establish the Individual Healthcare Identifier (IHI), the Healthcare Provider Identifier (HPI) and to establish a national clinical terminology. These three initiatives form the building blocks towards a national approach to a Shared Electronic Health Records system. COAG further agreed that Australian Health Ministers would report back to COAG no later than 2008 on progress and next steps towards a national e-health records system and appropriate cost sharing arrangements. In December 2007, both the Australian Health Information Council (AHIC) in its report e-Health Future Directions and the Boston Consulting Group in its review of NEHTA, recommend the development of a national e-health strategy. It is also one of the key tasks listed in the revised terms of reference for NEHIPC endorsed by AHMAC in January 2008. Part B: Tender Specifications Specification and Evaluation Specification 1: The Tenderer The successful Tenderer will require a background relevant to the project and demonstrated capacity to successfully undertake the project. In particular, the successful tenderer will need to demonstrate: Knowledge of national progress in e-health; and Experience working on complex national strategy projects in e-health. Status of entity The Tenderer must be a legal entity with which the Department of Human Services is able to contract. The Tender response must describe and provide evidence of the legal status of the Tenderer, including their Australian Business Number (ABN). Understanding of requirements The Tenderer must demonstrate an understanding of the requirements of the Tender. Relevant experience The Tender must describe the experience of the Tenderer in relation to the provision of similar services. References from or contact details of at least two clients for whom the Tenderer previously has carried out similar projects must be provided. Referees must not be members of the Tender Evaluation Panel, and should preferably be from outside DHS. Financial, technical, planning and other resource capability The Tender must provide sufficient supporting documentation to enable the Department of Human Services to satisfy itself as to the financial, technical, planning and other resource capability of the Tenderer to successfully undertake the proposal. Staff Competencies The Tender must describe the minimum competencies of staff and policies to maintain competency over the period of the contract. Specification 2: Project Deliverables Tenders should contain a detailed and considered discussion of the proposed methodology and how it addresses the key needs of the tender as raised by the information provided in this tender brief. Given the complexity of the project and the various ways in which it can be approached, tenders should include a proposed work method, including a summary work plan that indicates how the tenderer intends to approach the main project tasks within the specified timelines. Key project deliverables are: A draft and final strategy fulfilling the requirements articulated in 3. and 4. To include: A discussion and key recommendations concerning the National eHealth Strategy, the Implementation Plan and the recommendations on governance of the implementation plan A vision, implementation and sustainability plan for e-health in Australia and its role in the planning, delivery and management of healthcare in this country. A recommended future state of e-health in the context of its proposed role in the planning, delivery and management of healthcare across Australia A definition and assessment of the current status of e-health capability, nationally both public and private, as well as at a jurisdictional level, with an assessment of the current level of contribution e-health is making to healthcare delivery and management and the investment in place to support this. Concept architectures and designs including information to support decisions taken in developing these. This must clarify which major components should be managed centrally (national), which could be either central or distributed (jurisdictional) and what should be geographically/regionally based. Identification of the major initiatives that would need to be undertaken to develop an e-health capability that optimally supports the Australian healthcare system and how each initiative will impact health outcomes and healthcare delivery capabilities. Initiatives need to be clearly defined and include high level detail of how impacted business processes would work. Each initiative needs to be scoped with a high level project definition that identifies outcomes, resource requirements, timelines, costs, benefits, dependencies, risks and issues. Costs must be fully inclusive of establishment as well as implementation costs. Definition of all enabling work that will be required to support the implementation plan. This will include areas such as standards, legislative and policy frameworks. Identify any changes or development that will need to be undertaken to support the implementation, whether these are already underway (by whom) or who should be addressing them (e.g. information privacy, consent models, additional standards). Prioritisation of initiatives to align with current national and jurisdictional health priorities as well as a process to recognise those that will emerge from the National Health and Hospital Reform Commission (NHHRC). A high level implementation plan, including assumptions and dependencies, with associated investment, costs and benefits plans. The plan should include strategies and incentives to maximise the take up of new capabilities. An assessment of capability in Australia to deliver against the proposed implementation plan. This must, particularly, consider issues of workforce capability (e.g. ICT, health informatics, healthcare) and market capability in this country. Identify strategies to manage these issues and ensure that the Australian workforce develops appropriately. An assessment of supply and demand factors in the private sector market for e-health products and services with a particular focus on vendors willingness and ability to develop and market products, issues driving private sector health care providers to acquire and use those products, and recommended approaches to address any shortcomings identified. Proposed governance structures to support and oversee the strategy and the implementation of the plan, including roles and responsibilities Description of all enabling work that will be required to support the implementation plan. This will include areas such as standards, legislative and policy frameworks. Clear statement of all assumptions that underpin the recommendations and estimated costs. A high level communication plan regarding the national e-health strategy itself, to inform key stakeholders of the planned future direction. Presentations and support to briefings related to the e-health strategy as follows: Presentations of the final strategy to key stakeholder forums (5 expected including but not limited to the CIO sub-committee of the NEHIPC, NEHIPC and AHMAC); and Support to the NEHIPC for related e-health strategy briefings on the final deliverables Regular meetings with the project steering committee established to oversee the project. This committee will comprise senior representatives from the Australian Federal, State and Territory health departments. Consultations with experts and stakeholders in Australia, as agreed with the e-health strategy steering committee. A demonstrated commitment to high quality services. This may include compliance with relevant service or other quality-based service standards. Specification 3: Rates and Budget Price Prices quoted should be competitive and commensurate with the key activities and outputs/deliverables required. Price Variation Any variation to price over the period of the contract must be quantified and justified. Quotations GST Inclusive All quotations must be GST inclusive. If the goods or services are GST exempt, reasons for this must be provided. Evaluation of Tenders The following criteria will be used for the evaluation of all Tenders and determination of the successful Tenderer. Complying proposals will be assessed on a value-for money basis. While proposals must be within budget limits, price is neither scored nor weighted. Criteria specified as mandatory must be met. Failure against these criteria will mean the submission is designated `non-compliant: non- compliant submissions may be rejected without further consideration unless clearly indicated as alternative, non-conforming proposals and documentation is provided that supports their validity in achieving the requirements of this project. Criteria Relating to Specification 1 (The Tenderer) Criterion 1: The Tenderer has successful experience in delivering the types of services required by the project, as described in this brief. Criterion 2: The Tenderer and proposed team have detailed knowledge of and capability in national and international e-health systems policy development and implementation. Criterion 3: The Tenderer has demonstrated ability to deliver projects within prescribed timeframes and budgets. Criterion 4: The Tender includes sufficient supporting documentation to demonstrate satisfactory financial, technical, planning and other resource capability. Documentation should include audited financial statement and annual report from most recent financial period. Criteria Relating to Specification 2 (Project Deliverables) Criterion 5: The proposal demonstrates a valid, innovative and effective approach to achieving the project deliverables. The proposed methodology provides sufficient flexibility regarding the breadth and depth of scope to adjust to agreed priorities within the time constraints. Evaluation Process Clarification of Tender Where, in the opinion of the Department of Human Services, a Tender is unclear, the Department may seek clarification from the Tenderer. Failure to supply clarification to the satisfaction of the Department may render the Tender liable to disqualification. Short-listing Submissions will be evaluated against the indicated criteria. An initial evaluation will be used to short-list proposals. Tenderers not short-listed may be notified in writing at this stage that their submission has been unsuccessful. Interviews Following short-listing, one or more Tenderers may be approached to make a presentation to and be interviewed by the evaluation panel to provide clarification or further information. Shortlisted suppliers will be asked to provide sample deliverables. Ethical Purchasing Policy The Victorian Government's Ethical Purchasing Policy (EPP) applies to Tendering Processes and contracts for the purchase of goods and services valued at or above $100,000 (including the establishment of whole-of-government contracts, state purchase contracts and standing offer arrangements) which commenced on or were entered into after 1 January 2004. The EPP will also be applied to purchases under $100,000 for products and services in industries which are considered by the Department of Human Services to be high risk, such as textiles, clothing and footwear, cleaning and security services. Information about the EPP is detailed on the Victorian Government Purchasing Board web site at  HYPERLINK "http://www.vgpb.vic.gov.au" www.vgpb.vic.gov.au. The EPP provides that the State will not enter into a contract to which the policy applies with any Tenderer that cannot satisfy the ethical employment standard. The ethical employment standard is the requirement for persons that supply or propose to supply goods and services to the Victorian Government to demonstrate to the reasonable satisfaction of the government buyer, and in accordance with the requirements of the EPP, that the relevant contracting or tendering entity meets its obligations to its employees under Applicable Industrial Instruments and Legislation at the time a contract is awarded and continues to meet such obligations during the term of that contract. Details of Applicable Industrial Instruments and Legislation are set out in the EPP. It is a condition of all Tendering Processes to which the EPP applies that all shortlisted Tenderers will be required to complete an Ethical Employment Statement ( HYPERLINK \l "AttachmentII" Attachment II) in the timeframe specified by the Department of Human Services. A Tenderer who does not submit an Ethical Employment Statement when required to do so by the Department of Human Services will be disqualified from the Tendering Process. The Department of Human Services will assess whether a Tenderer satisfies the ethical employment standard in accordance with the Process Guidelines for Government Buyers. The assessment will be based on: any findings against the Tenderer by a court, tribunal, commission or board of a breach of an applicable industrial instrument (award or agreement binding on the Tenderer), including a finding of a breach in a non-confidential consent order, in the preceding 24 months; any convictions under applicable legislation (detailed in the EPP) in the preceding 24 months; any current proceedings or prosecutions in respect of a breach of an applicable industrial instrument or an offence under applicable legislation; remedial measures implemented to ensure future compliance with applicable industrial instruments and legislation. The assessment will consider: the seriousness of breaches or offences which are the subject of an adverse finding or conviction; the number of adverse findings or convictions; whether there is a pattern of continued breaches or convictions (including, for the purposes of determining a pattern of continued breaches only, whether there are any current proceedings or prosecutions before a court, tribunal, commission or board); whether remedial measures are commensurate with the breach or offence and in the reasonable opinion of the Department of Human Services, can be reasonably expected to prevent such breach or offence from recurring. The information in a Tenderer's ethical employment statement will be used to assess whether the Tenderer satisfies the ethical employment standard. If, in the Department of Human Service's assessment, the Tenderer does not satisfy the ethical employment standard, the Tender will be liable to be disqualified. Tenderers will be provided with an opportunity to submit additional information or an explanation about information contained in their ethical employment statement before disqualification of their Tender occurs. The name of the disqualified Tenderer will be placed on a register maintained by the Department of Treasury and Finance (the Ethical Employment Reference Register) for a period of 24 months from the date the Tenderer is disqualified from the Tendering Process. Once a Tenderer is offered a contract to which the EPP applies, it must continue to satisfy the ethical employment standard during the period of the contract. Contract conditions will allow the Department of Human Services to request further ethical employment statements from the Contractor. The contract will also permit the termination of a contract if a Contractor does not satisfy its disclosure obligations or maintain the ethical employment standard during the term of the contract. The name of any Contractor who has had a contract with the State entered into after 1 January 2004 terminated on the grounds that they did not continue to satisfy the ethical employment standard during the term of that contract will be placed on the Ethical Employment Reference Register for a period of 24 months from the date the termination of the contact takes effect. Victorian Government departments may access the Ethical Employment Reference Register for the purpose of determining whether the Tenderer has not met the ethical employment standard for other Tendering Processes, ie has not satisfied the standard in the past. A Tenderer whose name is on the Ethical Employment Reference Register will not be excluded from other government business opportunities solely on the basis that its name appears on the register. Victorian Industry Participation Policy Statement Tenders for projects in regional Victoria in excess of $1m and projects in metropolitan Melbourne in excess of $3m are subject to the Victorian Industry Participation Policy (VIPP). Information in relation to this policy is detailed on the Department of Innovation, Industry and Regional Development (DIIRD) website HYPERLINK "http://www.diird.vic.gov.au/vipp"http://www.diird.vic.gov.au/vipp  HYPERLINK \l "AttachmentIII" Attachment III of this RFT contains a VIPP statement, which is to be completed by short-listed Tenderers if approached by the Department of Human Services to do so. Tenderers must submit their respective VIPP statements to the Department of Human Services when and in the manner requested by the designated officer of the Department of Human Services. Short listed Tenderers for larger projects (in excess of $ 10 million in metropolitan Melbourne or $ 2.5 million in regional Victoria) will also be required to complete a VIPP Implementation Plan and to obtain certification from the Industry Capability Network or DIIRD to demonstrate that a genuine attempt to consider Victorian suppliers has been made. The content of a Tenderers VIPP statement (and implementation plan if required) will be opened and used, in accordance with the following principles: Where there are two or more Tenders that offer similar value for money (within 5% of one another) the VIPP information will be used to differentiate between the Tenders. Where there is a clear preferred Tenderer based upon value for money selection the VIPP information of that Tenderer may only be considered to determine whether it constitutes a genuine attempt to address the VIPP principles where it does not reflect a genuine attempt to address the VIPP, the Department of Human Services may reject the Tender and negotiate with the next preferred Tenderer. The Department of Human Services may negotiate with Tenderers whose VIPP information has been opened under the above principles to improve the benefits offered by the Tenderer under its VIPP information. The contents of a successful Tenderers VIPP statement (and implementation plan if required) may be included in the agreement to be entered into between that Tenderer and the Department of Human Services. Further, the Tenderers VIPP information may be recorded centrally for evaluation of compliance. The Victorian Government may also record the Tenderers/Contractors compliance with its VIPP commitments. Best and Final Offers Short-listed Tenderers may be invited, as part of the Tendering Process, to submit a best and final offer in relation to all or certain aspects of their respective Tenders. Notification of Final Outcome All Tenderers will be advised in writing of the final outcome of the Tender Evaluation, including the identity of the successful Tenderer. Scoring. Submissions will be scored against the following scale: EvaluationScoreExceeds all aspects of the selection/evaluation criterion4Exceeds some aspects of selection/evaluation criterion (and meets all other aspects of the selection/evaluation criterion)3Meets the selection criterion2Fails some aspects of the selection criterion1Fails all aspects of the selection criterion.0 Part C: Conditions of Tender General Conditions Organisations or individual wishing to Tender should submit their proposal in accordance with the Department of Human Services' requirements as set out in this document. The conditions under which a response must be made are indicated in this section. Tenderers should familiarise themselves with this Tender brief and ensure proposals conform. Tenderers are deemed to have: examined the Tender documents and other information made available by the Department of Human Services to the Tenderers for the purpose of Tendering; examined all information relevant to risks, contingencies, and other circumstances having an effect in their Tender and which is obtainable by making reasonable inquiries; examined statutory requirements and satisfied themselves they are not participating in any anti-competitive, collusive, deceptive or misleading practices in structuring and submitting their Tender; satisfied themselves as to the correctness and sufficiency of their Tenders and that their tendered prices are GST inclusive and cover the cost of complying with all conditions of Tender and matters and things necessary for due and proper performance and completion of work described in the Tender documents; complied with all relevant Government procurement policies as set out on the Victorian Government Purchasing Board (VGPB) website ( HYPERLINK "http://www.vgpb.vic.gov.au" http://www.vgpb.vic.gov.au) complied with the Trade Practices Act and Australian Competition & Consumer Commission (ACCC) guidelines on price exploitation relating to the introduction of the new tax system from July 1 2000. Financial Assessments The Department reserves the right to engage a third party to carry out assessments of Tenderers financial, technical, planning and other resource capability. Format of Response A response schedule is at Part D of this document. Tenderers must address their responses to the specifications and will be assessed against the advertised evaluation criteria. The response schedule is structured to reflect the information requirements of this Tender and Tenderers are advised to use the response schedule in preparation of their submissions. Legal Entity Tenderers must provide proof of their legal status. A legal agreement/contract can only be entered into by the Department of Human Services with an agency or individual with legal status established under: Associations Incorporation Act Co-operatives Act Corporations Law Health Services Act An Individual Act of Parliament Natural Person (person at least 18 years of age, with mental capacity to understand the agreement, not under any order or bankrupt) Trustee Act. The Department of Human Services prefers to deal with suppliers who have an Australian Business Number (ABN), unless there is clear evidence that the relevant supply is not assessable for income tax purposes (hobby or recreational interest). Consortia There are three legal and management options available to consortia wishing to Tender. Each of these types of arrangements is acceptable to the Department of Human Services: Incorporate as a single body Each Member signs as part of a Non Incorporated Consortium Subcontracting by the Lead Agency to members of the Consortium Where the Tenderer is a consortium, the Tender must indicate which parts of the service it is proposed that each entity comprising the Consortium would provide and how the Contractor and Sub-contractor(s) would relate to each other to ensure full provision of the required service. Form and application of Agreement The successful Tenderer will be required to enter into the applicable standard Department of Human Services agreement, a sample copy of which is supplied as Attachment I. A contract for delivery or provision of goods or services described in this document does not exist until both parties have executed the applicable standard Department of Human Services agreement. Statement of Departures Tenderers must state in their Tenders that there are no departures from the specification (Part B) of this document and the conditions of the DHS standard form contract (Attachment I) or, where there are departures to these sections, submit with their Tender a tabulated statement detailing the departures in order of the relevant clauses. By submission of a Tender in response to this document, Tenderers are deemed to have accepted these Conditions of Tender. Lodgement of Proposals The proposal must be enclosed in a sealed envelope and clearly endorsed: Confidential Tender Number: T08103 Tender Name: National e-health strategy Tender Box Department of Human Services Mailroom, Basement Level 1 (B1) 50 Lonsdale Street Melbourne (Delivery: the mailroom is located at the rear of 50 Lonsdale St. access is available via Little Lonsdale St. carpark entry ramp. In the event you require any delivery assistance, please contact the mailroom on 9096 0615.) (By post: the postal address is GPO Box 4057, Melbourne 3001) and must be deposited in the Tender Box at the above address by precisely 2:00pm., on Friday 07/03/2008. The Tender Opening period is the period from the date of advertising of the tender to the day on which tenders close. The closing time of 2:00pm is defined as 2:00pm Australian Eastern Standard Time, or 2:00pm Australian Eastern Daylight Time, as determined by Telstras Recorded Time Service (phone 1194). If the EPP applies to this Tender, the Department of Human Services will request short-listed Tenderers to submit an Ethical Employment Statement. The Department of Human Services will provide short-listed Tenderers with instructions and further conditions of submission for Ethical Employment Statements at that time. The Department of Human Services may request short-listed Tenderers to submit a VIPP statement. The Department of Human Services will provide short-listed Tenderers with instructions and further conditions of submission for VIPP statements at that time. VIPP statements are to be submitted in sealed envelopes, marked as follows: VIPP Statement - Confidential Tender T08103 Attention of Maria Bubnic Department of Human Services Late, facsimiled, incomplete or e-mailed proposals will not be accepted. Tenders received after the time allowed for the delivery of Tenders are deemed ineligible for consideration. Late Tenders will only be opened to identify a business name and address. A failure of the Tenderers delivery/transmittal system (courier, electronic network, etc) does not constitute grounds for the acceptance of a late Tender nor is a delay in the postal service considered grounds for accepting a late Tender. The designated officers will store late Tenders in a secure location and promptly inform a Tenderer that their submission was late and could not be considered. Tenders will be returned at the conclusion of the tender process. Acceptance of Late Tenders only in Exceptional Circumstances A late Tender can only be accepted (and at the sole discretion of the Department of Human Services) if: - it can be clearly demonstrated that the departments receiving arrangements were at fault, i.e. access to the Tender Box/area was hindered in some manner or the Tender was inadvertently closed early - it can be clearly demonstrated by the Tenderer to the satisfaction of the DHS Secretary that the delivery of the Tender was hindered by a major incident and that the integrity of the Tender process will not be compromised by accepting a late Tender Proposals delivered by the Tenderers or their representative (including couriers) must be lodged in the Tender Box before the specified closing time. Sufficient delivery time should also be allowed to account for building management security arrangements. Department of Human Services officers cannot accept responsibility for lodging Tenders on behalf of Tenderers. Proposals forwarded through Australia Post should be posted (addressed as above) to ensure receipt no later than the closing time (registered post advisable). Proposals must be signed and dated by an authorised officer of the Tenderer. An original and 4 hard copies, and one electronic copy on disk, of the entire proposal must be submitted. All proposals must be in the English language. Proposals will be opened after 2:00pm on the closing date of Tenders and notification of receipt will be forwarded to each Tenderer. Requests for Further Information Clarification of Processes Prospective Tenderers may telephone Maria Bubnic on 03 9096 8528 to clarify matters relating to the Tender process. Oral explanations or instructions given to prospective Tenderers prior to the acceptance of the proposal shall not bind the Department of Human Services. Clarification of Tender Specification and Requests for Additional Information Requests for clarification of Tender Specifications and requests for additional information must be made in writing. Address such requests to: Confidential Department of Human Services Maria Bubnic GPO Box 4057 Melbourne 3001 Written requests for clarification or for additional information may be emailed to: maria.bubnic@dhs.vic.gov.au or sent by fax to: (03) 9096 7172. All requests for clarification or for additional information must be lodged by 29 February 2008 to allow sufficient time for response and information to be provided to all parties requesting Tender documentation. All requests made, and additional information supplied will be documented (without identifying the source of the inquiry) and provided to all parties who have requested Tender documentation. Additional Information Required by the Department of Human Services If additional information to that contained in a proposal is required by the Department of Human Services when proposals are being considered, written information and/or interviews may be requested to obtain such additional information at no cost to the Department of Human Services. The name and telephone number of an officer or employee of the Tenderer capable of clarifying technical and commercial aspects of the proposal must be provided. Shortlisted Tenderers will be required to complete and submit an Ethical Employment statement. A Tenderer who does not submit an Ethical Employment Statement when required to do so by the Department of Human Services will be disqualified from the Tendering process. The Department will assess whether a Tenderer satisfies the ethical employment standard in accordance with government policy. Information about the EPP can be found on the Victorian Government Purchasing Board website at www.vgpb.vic.gov.au. Shortlisted Tenderers may be required to complete and submit a VIPP statement. Where a Tender has been let and the VIPP Statement has been accepted, the scope of the VIPP benefits may be included in the contract and recorded centrally for evaluation of compliance. Performance of VIPP obligations may be monitored and centrally recorded by the Department of Innovation, Industry and Regional Development (DIIRD) References Tenderers must indicate at least two organisations which have been supplied with services similar to those requested in this project brief, and of whom officers considering proposals may make inquiries to assist in establishing the suitability of any item or service tendered. Reservations Withdrawal From Process The Department of Human Services reserves the right to withdraw from the Tender process described in this document for whatever reason, prior to the signing of any Agreement/Contract with any party for the delivery of goods or services described in this document. Lowest Cost Proposal The lowest cost proposal, or any proposal, will not necessarily be accepted. Negotiation The Department of Human Services reserves the right to negotiate with short-listed Tenderers after the nominated closing date for Tender Submission. Part Offers The Department of Human Services reserves the right to accept Tenders in relation to some and not all of the scope of activity described, or appoint one, more than one or no organisation on the basis of the Tenders received. Conflicts of Interest Declaration Tenderers must declare to the Department of Human Services any matter or issue which is, may be perceived to be or may lead to, a conflict of interest regarding their proposal or participation in supply of the services described. Tenderers must describe a strategy so that any conflict of interest will be avoided. Confidentiality Ownership of Proposals All proposals and any accompanying documents become the property of the Department of Human Services. Ownership of Information Ownership of all information, reports or data provided by the Department of Human Services to Tenderers resides in the State of Victoria. The Tenderer shall not, without written approval of the Secretary to the Department of Human Services, use the information or reports other than in the development of the proposal or the performance of the assignment. Such information, in whatever form provided by the Department of Human Services or converted by the Tenderer, must be destroyed in a secure fashion following advice of the outcome of the Tender or at completion of the assignment. Probity of Tender Procedures Notification of Probity Breach Required Should any Tenderer consider that the Tender process under this document has failed to accord it fair right to be considered as a successful bidder or that it has been prejudiced by any breach of these Conditions of Tender or other relevant principle affecting the Tenders or their evaluation, the Tenderer must provide immediate notice of the alleged failure or breach to the Contact Person. Notification must set out the issues in dispute, the impact upon the Tenderers interests, any relevant background information and the outcome desired. Timeliness of Notification Delay in notification of probity breach, or notification after the announcement of the successful Tender will preclude a Tenderer from relying upon or taking action based upon such breach. Resolution of Disputes Dispute over the notification of breach will be resolved according to the Dispute Resolution section and clauses in the DHS standard agreement, attached. Disclosure Presumption to Full Disclosure The Victorian Government has a strong presumption in favour of disclosing contracts and, in determining whether any clauses should be confidential, specific FOI principles (including a public interest test) will apply. The Government cannot pre-empt the workings of the FOI Act or constrain the Auditor General's powers to secure and publish documents as he sees fit. Disclosure of Tender and Contract Details Subject to this clause and the Conditions of Contract, all documents provided by the Tenderer will be held in confidence so far as the law permits. Notwithstanding any copyright or other intellectual property right that may subsist in the Tender documents, the Tenderer, by submitting the Tender, licenses the Department of Human Services to reproduce the whole or any portion of the Tender documents for the purposes of T evaluation In submitting its Tender the Tenderer accepts that the Department will publish (on the internet or otherwise) the name of the successful or recommended Tenderer(s), the value of the successful Tender(s) and the Contractors name together with the provisions of the Contract generally. Non-disclosure of contract provisions Non-disclosure of contract provisions must be justified under the principles for exemption within Section 34(1) of the Freedom of Information Act 1982, providing that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the Act if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking unreasonably to disadvantage. The Department will consider these arguments in the Tender evaluation and negotiations with Tenderers. Lobbying Any Tenderer who attempts to exert influence on the outcome of the Tender process by lobbying, directly or indirectly, Department of Human Services' staff or Members of Parliament, will be disqualified from the Tender process. A Tenderer who offers Department of Human Services' staff anything that, in the opinion of the Department of Human Services, could undermine the impartiality of the Tender process, and/or could create an actual or a perceived conflict of interest (including but not limited to offers of gifts, hospitality, and favours), will be disqualified from the Tender process. Dumping of Goods Tender bids from suppliers who are offering goods subject to an Australian Customs Dumping Notice will be disqualified from further consideration. The Department reserves the right to suspend an agreement where the supplier is providing goods subject to an Australian Customs Dumping Notice. Pricing Tenders must contain a detailed cost summary as well as relevant stage and total project costing. The quotation must state the price for each unit of output. All prices shall be fixed for at least 90 days from the date of submission of offers: Tenderers must indicate the period of price validity with the prices submitted. Price variations over the period of the contract must be advised. Tenderers must state the factor and reasons for any variation. All prices quoted must be represented in Australian dollars. Payments Tenderers must indicate whether they have the capacity to accept electronic funds transfer as a facility for contract payments. A payment schedule will be negotiated with the successful Tenderer. The Department of Human Services preferred position is to make payments according to delivery of outputs or satisfactory achievement of key project stages. Alternative Proposals Tenderers may submit more than one offer. Each such offer must be made on separate Tender documentation and clearly marked Alternative Proposal. Tenders which do not comply with the requirements of these Conditions of Tender may be considered at the Department of Human Services sole discretion. General Conditions of Response Tenders should be submitted using the Tender Response Schedule included within Part D of this document, or in the format indicated in the Tender Response Schedule. All parts of the Tender Response Schedule should be completed and submitted before the nominated closing date for submissions. Any additional supporting information should be attached to the completed Tender Response Schedule and clearly referenced. The Tender Response Schedule must be signed by an authorised officer of the Tenderer. Part D: Tender Response Schedule Tender Response Schedule For National e-Health Strategy Tender Response SchedulePart 1 Tenderer Details Tendering Organisation Entity NameEntity StatusACN numberRegistration for GSTYes:No:Australian Business Number (ABN)Place of IncorporationPostal AddressPrincipal office in VicContact PersonPosition/TitleTelephone NoFacsimile NoE-mail addressSub-Contractor #1 NameAddressTasks/aspects/scope of project to be undertakenSub-Contractor #2 NameAddressTasks/aspects/scope of project to be undertaken[Repeat as Required] Tender Response SchedulePart 2 Supporting Information Tenderers are required to describe the nature and extent of any relevant experience. Tenderers are required to disclose sufficient information to ensure that they have adequate experience and financial, technical and other resources capability to successfully undertake the proposal. Provide details (Title, year, etc..) of relevant supporting documents and attach copies to your submission. Profile of Tenderer Range of services currently deliveredYears of operation in this capacityFinancial/Planning/Technical Capability Annual ReportAnnual Company ReturnAudited Financial StatementWill you provide valid tax invoices?Yes:No:Proof of insurance coverBusiness PlanSummary of entitys achievementsTechnical capabilityQuality Accreditation StandardQualifications and Experience of Key Project Staff NameTitle/Office HeldQualificationsPrevious ExperienceRole/functions to be performed NameTitle/Office HeldQualificationsPrevious ExperienceRole/functions to be performed NameTitle/Office HeldQualificationsPrevious ExperienceRole/functions to be performed[Repeat as Required] Tender Response SchedulePart 3 References Referee #1 Company NamePostal AddressStreet AddressContact PersonPosition/TitleTelephone NoFacsimile NoNature of work performedReferee #2 Company NamePostal AddressStreet AddressContact PersonPosition/TitleTelephone NoFacsimile NoNature of work performed Tender Response SchedulePart 4 Proposal 1 Overview Provide details of the project and its structure, to describe how the project/service will be implemented, managed and monitored. The extent to which a practical, workable and sector sensitive approach is developed is a key consideration. Describe how you intend to provide the deliverables for each job/project and your understanding of the nature of each deliverable. Consider the following aspects of the project in preparing and documenting response to this part: methodology: provide a detailed and considered discussion of the proposed methodology and how it addresses the key needs of the Tender as described in this Tender Brief; broad approach to the project; components, sub components and major tasks; timetable indicating sequence and duration of each task, prepared in accordance with the key dates nominated in this brief; key project review points; deliverables and outcomes for each phase of the project; Tenderer inputs; Department of Human Services resource/input required; other stakeholder input or partnering relationships required and how they will be established and managed; data collection and analysis arrangements; staff management and development. The Selection Criteria that will be relevant to the evaluation of this part of your response relate primarily to Specification 2 (Project Deliverables). These criteria are detailed in section 7 of this document. 2 Price/Cost of Proposal To enable the viability of pricing to be evaluated, the quotation must include an itemised budget with costings for each stage of the project. All prices quoted must be in Australian dollars. All prices must be fixed for at least 90 days from the data of submission of offers: Tenderers should indicate the period of price validity with the prices submitted. If price varies over the period of the contract, indicate the factor and reasons for the variation. All prices must be GST inclusive (where applicable). Price validity Prices quoted remain valid from the date of submission until:Price variation Degree (%)From (date)RationaleA table may facilitate costings for specific purposes. This should be structured to allow unit output prices to be calculated for comparison with benchmarks and establishment of a uniform basis for comparison against other tenders. The following are EXAMPLES ONLY: delete or replace with a table to suit your specific needs. Summary of Costs Component/StageWeek/s X ($)Week/s X ($)Week/s ($)Enter Component/Stage 1Enter Component/Stage 2Enter Component/Stage 3 (etc)Total Price: ItemCharge ($)Stage/Component/Task 1Establishment Costs (itemise components)Project ManagerRateDays/HoursProject Staff #1$Administration costsManagement costsInfrastructure costsEquipment costsOtherSubtotal: Total Charge for Stage/Component/Task 1Stage/Component/Task 2Establishment Costs (itemise components)Project ManagerRateDays/HoursProject Staff #1$Administration costsManagement costsInfrastructure costsEquipment costsOtherSubtotal: Total Charge for Stage/Component/Task 2Total Charge Tender Response SchedulePart 5 Disclosure of Tender and Contract Information The Conditions of Tender include provision for disclosure of contract information. If you wish to withhold the disclosure of specific contract information, you must detail how the release of this information will expose trade secrets or expose the business unreasonably to disadvantage. The Department will consider these arguments in the Tender evaluation and negotiations with Tenderers. Non-disclosure of contract provisions must be justified under the principles for exemption within Section 34(1) of the Freedom of Information Act 1982, providing that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the Act if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking unreasonably to disadvantage. 1 Trade secrets In considering whether specific information should be categorised as a trade secret, submitters should assess: The extent to which it is known outside of your business The extent to which it is known by the persons engaged in your business Any measures taken to guard its secrecy Its value to your business and to any competitors The amount of money and effort invested in developing the information The ease or difficulty with which others may acquire or develop this information Trade Secrets not to be Disclosed:2 Unreasonable disadvantage In determining whether disclosure of specific information will expose your business unreasonably to disadvantage, you should consider section 34(2) of the FOI Act. Broadly, you should consider whether: The information is generally available to competitors It could be disclosed without causing substantial harm to the competitive position of the business Unreasonable Disadvantage disclosure would cause Tender Response Schedule - Part 6 Acceptance Of Terms & Conditions An authorised officer of the Tenderer must signify acceptance of the terms and conditions under which the Tender is advertised. Signature as indicated in this part, and submission of a Tender in response to the Tender Brief, signifies acceptance of all terms and conditions unless specifically indicated in this section by the Tenderer. Tenderers must indicate their understanding and acceptance of each part of this Tender document, including the attached Department of Human Services standard form agreement, by signing or initialling in the table below. Where any part of this Tender is not understood or accepted, Tenderers must attach a tabulated Statement of Departures with explanation of why that part is not accepted Acceptance of Conditions PartAcceptance (initial)Non-Acceptance (initial, and attach tabulated Statement of Departures)Part A: General Information for TenderersPart B: Tender SpecificationsPart C: Conditions of TenderPart D: Tender Response SchedulesAttachment I: Department of Human Services Standard Form ContractEndorsement Signature of Authorised Officer for TendererName of Authorised OfficerTitle/Office HeldDateAttachment I Department of Human Services Standard-form Agreement Attachment II Sample Ethical Employment Statement Note to Tenderers: Only complete and submit this attachment if you have been expressly requested to do so. Name of the Tenderer: ABN of the Tenderer: Name of the Agency: Department of Human ServicesTender Number: Description of the Tender: Date of submission of this Statement:  Ethical Purchasing Policy For a Tender process to which the Ethical Purchasing Policy applies, shortlisted Tenderers (or, where there is no short listing, such Tenderers as determined by the Department) are required to complete an Ethical Employment Statement. These statements will be used to assess whether shortlisted Tenderers satisfy the ethical employment standard. The ethical employment standard is the requirement for businesses that supply or propose to supply goods and services to the Victorian Government to demonstrate to the reasonable satisfaction of the Department, and in accordance with the requirements of the Ethical Purchasing Policy, that the relevant contracting or tendering entity meets its obligations to its employees under Applicable Industrial Instruments and Legislation at the time a contract is awarded and continues to meet such obligations during the term of that contract. Details of Applicable Industrial Instruments and Legislation are set out in the Ethical Purchasing Policy located at  HYPERLINK "http://www.vgpb.vic.gov.au" www.vgpb.vic.gov.au. When notified by the Department, shortlisted Tenderers are required to complete this Statement within the timeframe specified by the Department. The Department may request further details about the information provided by the Tenderer in this Ethical Employment Statement. The State will not enter into contracts with Tenderers that do not satisfy the ethical employment standard. Such Tenderers will be disqualified from the Tender process and their names will be placed on a register maintained by the Department of Treasury and Finance (the Ethical Employment Reference Register) for a period of 24 months from the date the Tenderer is disqualified from the tendering process. The Tenderer will be informed if, in the assessment by the Department, it has failed to satisfy the ethical employment standard before disqualification occurs. The Tenderer will have an opportunity to provide additional information at that time. Definitions Full Details means details of: the nature of the breach or offence or alleged breach or offence; any conviction recorded or adverse finding made in respect of the breach or offence; any penalty or orders imposed by a court, tribunal, commission or board in respect of the breach or offence and the maximum penalty that could have been imposed under the Applicable Industrial Instruments and Legislation; the name of the court, tribunal, commission or board, the State or Territory in which the proceeding or prosecution is brought, the date on which the proceeding or prosecution was commenced and the number or description assigned to the proceeding or prosecution by the court, tribunal, commission or board; the name of the entity against which the finding or conviction was made or the proceeding or prosecution was initiated; this Contract; and further information about any of the above, if required by the Department. Tendering entity means the legal entity (individual or company) that will enter into a contract with the State at the end of the Tender process. Partnerships, unincorporated joint ventures or consortia planning to enter into a contract with the State will need to complete an Ethical Employment Statement for each entity forming part of the bidding team. 1. Provide details of any industrial instrument (award or agreement) that specifically applies to the employees of the tendering entity and is binding on it ( applicable industrial instruments).  2. Provide full details of any findings against the tendering entity by a court, tribunal, commission or board of a breach of an applicable industrial instrument, including a finding of a breach in a non-confidential consent order, in the preceding 24 months.  3. Provide full details of any convictions under the following legislation (applicable legislation) in the preceding 24 months: Dangerous Goods Act 1985 (Vic) Equipment (Public Safety) Act 1994 (Vic) Federal Awards (Uniform System) Act 2003 (Vic) Long Service Leave Act 1992 (Vic) Occupational Health and Safety Act 1985 (Vic) Outworkers (Improved Protection) Act 2003 (Vic) Workplace Relations Act 1996 (Cwlth) Any other legislation designated by the Victorian Government as applicable legislation under the Ethical Purchasing Policy from time to time.  4. Provide full details of any current proceedings or prosecutions in respect of a breach of an applicable industrial instrument or an offence under applicable legislation.  5. Provide details of remedial measures implemented to ensure future compliance with applicable industrial instruments and applicable legislation.  Endorsement Signature of Authorised Officer for TendererName of Authorised OfficerTitle/Office HeldDate Attachment III Sample Victorian Industry Participation Policy [VIPP] Statement Note to Tenderers: Only complete and submit this attachment if you have been expressly requested to do so. All short-listed bidders are required to provide a VIPP Statement to demonstrate that they have considered the industry development implications of their tender according to the Victorian Governments Industry Participation Policy. This seeks to maximise opportunities for local SMEs to compete for government business on the basis of best value for money over the life of the goods or services. (A sample VIPP Statement is provided overleaf). Short-listed bidders are required to complete the following statement sections: Contract / Project Name: .............................................................................. Bidding Company / Organisation: ...................................................................... Representatives Name: ................................................................................. Contact Details: Address ................................................................................................... ............................................................................................................. Phone ...................Email .......................................................................... 1. Value Added Activity (local content) Bidders should specify the level of local (Victorian/Australian/NZ) value added, expressed as a percentage of the overall contract price - If possible, bidders should list the main items which are not locally produced below 2. Employment Bidders should provide details, in numbers, of actual new employment opportunities to be created in Australia and New Zealand as a result of the contract and, wherever possible, the location within Australia and New Zealand of these opportunities. 3. Skills and technology transfer Bidders should briefly identify and describe opportunities for increasing the skills of Victorians and Australians and the potential to undertake further innovation and / or research and development of project related technology (Further Information can be supplied on a separate page.) 4. Industry Bidders should briefly identify the Industry from the list provided in the guidelines and describe the type of project under tender 1. Industry 2. Project Description Declaration: The Bidding Company or Organisation states that in submitting the Tender and the VIPP Statement, the identified Bidder: Agrees to take all reasonable steps to comply with the Victorian Industry Participation Policy principles, Agrees that compliance with VIPP commitments will be monitored as part of overall performance management, and Acknowledges that failure to comply with a VIPP Statement will be centrally recorded by the Victorian Government and may be taken into account when considering subsequent tenders for VIPP purposes. Signature of Bidding Company or Organisations Representative - ......................................... Date ............................................................. Support Services Available: Bidders are advised that the services of the Department of Innovation, Industry and Regional Development (DIIRD) and the Industry Capability Network Victoria Branch (ICN Vic) at www.icnvic.org.au are available to assist them implementing the Victorian Governments Industry Participation Policy (VIPP). Free ICN services are available to support bidders in identifying and communicating the above information, including during the tender process. For projects valued over $10m ($2.5m in Regional Victoria), it is mandatory for the short-listed bidders to consult with the ICN and to obtain certification of their VIPP Statements and Implementation Plans. Contact ICN at www.icnvic.org.au or on Tel. 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