Terms of Use
Definition and Interpretation
In these Terms of Use:
a) Agency means any one or more of the following as the context requires:
i. a Non-corporate Commonwealth entity subject to the Public Governance, Performance and Accountability Act 2013 (Cth);
ii. a Corporate Commonwealth entity subject to the Public Governance, Performance and Accountability Act 2013 (Cth); or
iii. a Corporate Commonwealth entity governed by the Governor-General or a Minister of the Commonwealth or over which the Commonwealth exercises control.
Note: As of 1 July 2014, the Public Governance, Performance and Accountability Act 2013 (PGPA Act) replaced the Financial Management and Accountability Act 1997 (FMA Act) and the Commonwealth Authorities and Companies Act 1997 (CAC Act) in relation to procurement reporting obligations.
b) ATM means the approach to market;
c) AusTender means the Australian Government's procurement information system, www.tenders.gov.au, that provides centralised publication of Australian Government business opportunities, annual procurement plans, standing offer notices and contracts awarded, access to ATM documentation and addenda, and the Tender Response lodgement functionality;
d) Closing Time means the time and date that the Tender Responses must be lodged as detailed in the relevant ATM documentation and on the Current ATM page on AusTender;
e) Commonwealth means the Commonwealth of Australia;
f) Consequential Loss means:
any loss recoverable at law (other than arising in the usual course of things) which is consequential upon other loss, including:
(i) loss of income or revenue;
(ii) a loss of opportunity or goodwill;
(iii) a loss of profits;
(iv) a loss of anticipated savings or business; and
(v) loss of value of any equipment
g) Late Tender means a Tender Response that is lodged after the Closing Time;
h) Registered User means any person (including an individual or a body corporate) that has registered an account on AusTender;
i) Tendering Agency means the Agency that issued the ATM documentation;
j) Tender Response means a response to the relevant ATM;
k) User means any person (including an individual or a body corporate) that is accessing or using AusTender and includes a Registered User;
l) a reference to time, unless specified otherwise, is to the time in the Australian Capital Territory;
m) words importing a gender include each other gender;
n) words in the singular include the plural and vice versa;
o) clause headings are a part of the Terms of Use and may be used for interpreting the language of provisions; and
p) if any word or phrase is given a defined meaning, any other part of speech or other grammatical form of that word or phrase has a corresponding meaning.
1. AUSTENDER TERMS AND CONDITIONS OF TENDERING
1.1 AusTender, the Australian Government Procurement Information System
1.1.1 By accessing or using the AusTender system, the User agrees to be bound by these terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on AusTender. Before continuing, the User should read these terms and conditions as they form a binding agreement between the User and the Commonwealth regarding the use of the AusTender system.
1.1.2 The User acknowledges that although the Commonwealth has implemented the security measures described on AusTender, the Commonwealth does not warrant that unauthorised access to information and data transmitted via the Internet will not occur.
1.1.3 The User must inform itself concerning all security measures and other aspects of the AusTender Information and Communications Technology (ICT) environment. The User must make its own assessment of the AusTender system prior to using it for any matter related to an ATM and no responsibility will be accepted by the agency issuing the ATM (the Tendering Agency) arising in respect of any use or attempted use by any party of AusTender.
1.2 Registration and Notices
1.2.1 Users must register with AusTender at https://www.tenders.gov.au to become a Registered User in order to download ATM documentation and related addenda, and upload and lodge Tender Responses. Users who are not Registered Users will only have limited access to the functionalities in AusTender.
1.2.2 The Registered User is responsible for logging in to AusTender and downloading the relevant ATM documentation and addenda for the ATM's that it is interested in providing a Tender Response.
1.2.3 A Registered User who has downloaded ATM documentation will be notified by AusTender via email of any addenda relating to the ATM documentation. It is in the interest of Registered Users to ensure they have correctly recorded their user profile information prior to downloading relevant ATM documentation. If a Registered User has not recorded their user profile information correctly, they should amend their details on their user profile on AusTender and download the relevant ATM documentation again.
1.2.4 In the event that the Tendering Agency amends the ATM or the conditions of tender, it will make reasonable efforts to inform Registered Users who have downloaded the ATM, in accordance with this clause 1.2. All information and notices relating to ATM's (including amendments to ATM or conditions of tender) will be posted on the relevant ATM page on AusTender as an Addendum.
1.2.5 The Commonwealth accepts no responsibility if a Registered User fails to become aware of any addendum notice which would have been apparent from a visit to the relevant ATM page on AusTender.
1.2.6 If a User has obtained relevant ATM documentation other than from AusTender, the user must visit AusTender, register as a Registered User and download the relevant ATM documentation for the relevant ATM.
1.3 AusTender Help Desk
1.3.1 All queries and requests for technical or operational support must be directed to:
AusTender Help Desk
Email: tenders@finance.gov.au
1.3.2 The AusTender Help Desk is available between 9am and 5pm ACT Local Time, Monday to Friday (excluding ACT and national public holidays).
1.4 Electronic Lodgement
1.4.1 This clause 1.4 applies if the Tendering Agency requires Electronic lodgement on AusTender as the only method for Tender Response lodgement.
1.4.2 Tender Responses must be lodged electronically via AusTender in accordance with the Tender Response lodgement procedures set out in these Terms of Use and in the relevant ATM documentation.
1.4.3 Where there is any inconsistency between the Tender Response lodgement procedures set out on AusTender and those set out in the relevant ATM documentation, the ATM documentation will prevail.
1.4.4 A Tender Response lodged by any other means, including by hand, facsimile or email, will not be considered.
1.5 Tender Closing Time
1.5.1 A Tender Response must be lodged before the Closing Time.
1.5.2 For Tender Responses submitted electronically, the countdown clock on the lodgement page will display in real time the amount of time left until the Closing Time. The time displayed on the countdown clock is deemed to be the correct amount of time left until the Closing Time and will be the means by which the Tendering Agency will determine that a Tender Response has been lodged by the Closing Time.
1.5.3 The judgement of the Tendering Agency as to the time a Tender Response has been lodged will be final.
1.5.4 The Tendering Agency may extend the Closing Time at its sole and absolute discretion, and will issue an addendum in accordance with clause 1.2 notifying any decision to extend.
1.5.5 Users are responsible for ensuring their infrastructure including operating system and browser revision levels meet the minimum standards as defined on AusTender. Neither the Tendering Agency nor the Commonwealth take any responsibility for any problems arising from Users' infrastructure and/or Internet connectivity.
1.6 Preparing to Lodge a Tender Response
1.6.1 The Registered User warrants that, when it lodges its Tender Response electronically, it has taken reasonable steps to ensure that the electronic files lodged are free of viruses, malicious code or other disabling features which may affect AusTender and/or the Tendering Agency ICT environment. Any Tender Response found to contain viruses, malicious code or other disabling features will be excluded from the evaluation process.
1.6.2 Registered Users must lodge their Tender Response in accordance with the requirements set out in the relevant ATM documentation for file format/s, naming conventions and file sizes. Failure to comply with any of these requirements may exclude the Tender Response from the evaluation process.
1.6.3 For Tender Response file name/s AusTender will not allow:
(a) the use of special characters, including but not limited to / : * ? " < > |. Check your files and re-name them if necessary; and
(b) a filename that exceeds 100 characters including the file extension. Check your files and re-name them if necessary.
1.6.4 Tender Response files:
(a) should adhere to file size requirements as detailed in the relevant ATM documentation;
(b) should be uploaded from a high level directory on the Registered User’s desktop, so as not to impede the upload process;
(c) should not be selected from a secure or password protected location, or from portable media such as, but not limited to, CD, DVD or USB; and
(d) should be zipped (compressed) together for transmission to AusTender.
1.6.5 AusTender will accept up to a maximum of five files in any one upload of a Tender Response. Each upload should not exceed the size limit as detailed in the relevant ATM documentation. If an upload would otherwise exceed the specified size limit, the Registered User should either:
(a) transmit the Tender Response file(s) as a compressed (zip) file not exceeding the size limit; and/or
(b) lodge the Tender Response in multiple uploads ensuring that each upload does not exceed the size limit and clearly identify each upload as part of the Tender Response.
1.6.6 If a Tender Response consists of multiple uploads, due to the number of files or file size, Registered Users must ensure that transmission of all files is completed before the Closing Time.
1.6.7 Tenders must be completely self-contained. No hyperlinked or other material may be incorporated by reference. All supporting material that is not directly related to the relevant ATM should be provided in accordance with the Tendering Agency requirements as detailed in the relevant ATM documentation.
1.6.8 Tender Response lodged through AusTender will be deemed to be authorised by the tenderer.
1.7 Lodgement Process Guidance
1.7.1 Before submitting an electronic Tender Response, it is strongly recommended that Registered Users:
(a) ensure their technology platform meets the minimum requirements identified, if any, on AusTender;
(b) ensure their internet connection is working correctly and in the case of wireless internet connection that the signal is strong and stable;
(c) refer to AusTender’s Help guidance, if required, on uploading a Tender Response;
(d) take all steps to ensure that the Tender Response is free from anything that might reasonably affect useability or the security or operation of AusTender and/or the Tendering Agency ICT environment;
(e) ensure that the Tender Response does not contain macros, script or executable code of any kind unless that specific material has previously been approved in writing by the Tendering Agency; and
(f) ensure that the Tender Response complies with all file type, format, naming conventions, size limitations or other requirements specified within the ATM documentation or otherwise advised by the Tendering Agency or required by AusTender.
1.7.2 Registered Users should allow sufficient time for Tender Response lodgement, including time that may be required for any problem analysis and resolution prior to the Closing Time.
1.7.3 Registered Users should be aware that holding the “Lodge a Response” page open in the web browser will not hold the electronic tender box open beyond the Closing Time. Tender Responses cannot be lodged after the Closing Time.
1.7.4 If Users have any problem in accessing the AusTender website or uploading a Tender Response they must contact the AusTender Help Desk prior to the Closing Time for technical and operational assistance in accordance with clauses 1.3 and 1.7.2.
1.8 Late Tender Responses
1.8.1 Any attempt to lodge a Tender Response after the Closing Time will not be permitted by AusTender. Such a Tender Response will be deemed to be a Late Tender and will be managed in accordance with the Late submissions policy as detailed in the Commonwealth Procurement Rules: https://www.finance.gov.au/government/procurement/commonwealth-procurement-rules
1.8.2 Where electronic submission of a Tender Response has commenced prior to the Closing Time but concluded after the Closing Time, and upload of the Tender Response file/s has completed successfully, as confirmed by AusTender system logs, the Tender Response will not be deemed to be a Late Tender. Such Tender Response will be identified by AusTender to the Tendering Agency as having commenced transmission prior to, but completed lodgement after, Closing Time.
1.8.3 Where a Tender Response lodgement consists of multiple uploads, due to the number and/or size of the files, Registered Users must ensure that transmission of all files is completed and receipted before the Closing Time and clause 1.8.2 will only apply to the final upload.
1.8.4 Late Tenders or incomplete Tender Responses; including those with electronic files that cannot be read or decrypted, Tender Responses which the Tendering Agency believes to potentially contain any virus, malicious code or anything else that might compromise the integrity or security of AusTender and/or the Tendering Agency’s ICT environment, may be excluded from the evaluation process.
1.9 Proof of Lodgement
1.9.1 When a Tender Response lodgement has successfully completed, an official receipt is provided on screen. The on-screen receipt will record the time and date the Tender Response was received by AusTender and will be conclusive evidence of successful lodgement of a Tender Response. It is essential that Registered Users save and print this receipt as proof of lodgement. A separate email confirming receipt of the Tender Response will also be automatically dispatched to the email address registered with AusTender.
1.9.2 Failure to receive a receipt means that lodgement has not completed successfully. Where no receipt has been issued by AusTender, the attempted lodgement will be deemed to have been unsuccessful. In these circumstances, Registered Users should refer to clauses 1.7.2 and 1.7.4.
1.10 AusTender Security
1.10.1 Users acknowledge that although the Commonwealth has implemented the security measures described on AusTender, the Commonwealth does not warrant that unauthorised access to information and data transmitted via the Internet will not occur.
1.10.2 Registered Users acknowledge that:
(a) lodgement of their Tender Response on time and in accordance with these Terms of Use is entirely their responsibility; and
(b) the Tendering Agency will not be liable for any loss, damage, costs or expenses incurred by Registered Users or any other person if, for any reason, a Tender Response or any other material or communication relevant to the relevant ATM, is not received on time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised.
2. USE OF DATA
2.1 The material on this site includes information, data, documents, pages and images (Data) and is intended for the User’s use and information. The Commonwealth disclaims all and any guarantees, undertakings and warranties, express or implied, and will not be liable for any loss or damage whatsoever, including without limitation any direct, incidental or consequential loss or damage, arising out of, or in connection with, any use of or reliance on the Data on this website.
2.2 While the Data is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may have an impact on the accuracy of the Data. The Data may change without notice and the Commonwealth is not liable for the accuracy of any information printed or stored by a User. Changes may be made to the Data and the website at any time.
3. EXTERNAL LINKS
3.1 This website contains links to other websites that are external to AusTender. The Commonwealth takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the User to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.
3.2 Links to external websites do not constitute an endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites. Users of links provided by this website are responsible for being aware of which organisation is hosting the website they visit.
4. PERSONAL AND ORGANISATIONAL INFORMATION
4.1 All persons who provide personal and organisational particulars within the AusTender system, hold themselves to be a proper and authorised representative of that organisation in the business of tendering. If, subsequently, that person no longer has that right of authority, the person must send a request to the AusTender Administrator at tenders@finance.gov.au to have such particulars removed or amended.
4.2 It is in the interest of Users to register their details correctly, in particular prior to downloading ATM documentation from AusTender. Tendering Agencies require this information to notify potential tenderers and Registered Users of any extension to the tendering period, changes to the tender process and the issuance of addenda.
4.3 The Commonwealth will treat any information provided by a User within the terms of its relevant privacy responsibilities (see Privacy Statement, link, left).
4.4 The Commonwealth maintains appropriate safeguards to ensure the security, integrity and privacy of personally identifiable information submitted to this site and periodically reviews and updates security measures in line with current technology.
4.5 Any account that has not been used to login to AusTender for 6 months or more will be suspended. A notification email will be sent to the registered email address to advise of suspension.
5. COPYRIGHT NOTICE
5.1 With the exception of the Commonwealth Coat of Arms, Approach to Market (ATM) material and where otherwise noted, all materials on AusTender are licensed under a Creative Commons Attribution 3.0 Australia licence (CC BY 3.0 AU).
5.2 To the extent that copyright subsists in third party materials, where noted, it remains with the original owner and permission may be required to reuse the material.
5.3 Inquiries regarding the licence and any use of AusTender materials should be directed to:
The AusTender Administrator
Department of Finance
One Canberra Avenue, FORREST ACT 2603, AUSTRALIA
Email: tenders@finance.gov.au
5.4 Approach to Market (ATM) materials are copyright. Users are not permitted to reproduce, re-transmit, distribute or commercialise ATM materials for any purpose without seeking prior written approval from the Commonwealth.
5.5 Users are not permitted to use the ATM materials to sell a product or service or to increase traffic to your website.
5.6 Linking to this Site:
(a) You may link to the website at your full expense and responsibility. You must not:
(i) alter any of the website's contents; or
(ii) frame or reformat the files, pages, images, information and materials from this website on any other website.
5.7 Finance may, by giving notice, require the removal of links on third party sites.
6. ATTRIBUTION NOTICE REQUIREMENT
6.1 Except where otherwise noted, any reference to, reuse or distribution of all or part of the AusTender materials must include the following attribution:
• AusTender materials are released by the Department of Finance.
• AusTender materials are subject to change and should be verified on the AusTender website to ensure the information is up to date and correct: www.tenders.gov.au.
7. USE OF THE COAT OF ARMS
7.1 The terms under which the Coat of Arms can be used are detailed here: https://www.pmc.gov.au/government/commonwealth-coat-arms
Last Updated: 30 January 2018