REQUEST FOR TENDER


 REQUEST FOR TENDER IN RELATION TO THE PROVISION OF DO NOT CALL
 REGISTRATION SERVICES




          ...
CONTENTS


1. Tender Details.................................................................................................
5.2. Conditions of Participation ......................................................................................19
...
REQUEST FOR TENDER IN RELATION TO THE PROVISION OF DO NOT CALL
          REGISTRATION SERVICES

Tender Details

          ...
Introduction

Invitation to Tender
The Commonwealth of Australia represented by the Chief Executive of the Australian
Comm...
Telemarketers who wish to make telemarketing calls will in effect be required to have their calling
    lists checked by t...
•      fostering an environment in which electronic media respect community standards
                      and responds t...
Conditions of Tender

    Lodging of Tenders
.   Tenders are to be lodged on or before the Closing Time.

.   Tenders may ...
Packaging and Identification of Tenders
.   For Tenders lodged by mail or by hand, Tenders should be enclosed in a sealed ...
Registration of Participation in RFT
.   Tenderers who wish to be kept advised of amendments and clarifications to this RF...
Errors and Alterations
.   Tenderers are to initial any alterations made to a Tender. Tenders containing alterations that ...
severally liable for the performance of the contract or whether one member will be fully liable for
    the performance.

...
c.   to the responsible Minister;
                d.   in response to a request by a House or a Committee of the Parliamen...
c.   take any other action it considers appropriate.

    Application of Law and Commonwealth Policy
.   Tenderers should ...
any advice necessary. Tenderers should be aware that changes to the Act and the instruments
    made or approved under it ...
b.   the Commonwealth varies or terminates the RFT process;
               c.   the Commonwealth decides not to contract f...
Matters Concerning Tender Response

    Tender Response
.   Tenderers are referred to the Statement of Requirements and th...
a.   GST (as defined in section 195-1 of the A New Tax System (Goods and Services
                    Tax) Act 1999);
    ...
Evaluation of Tenders

     Evaluation Methodology
.    The objective of the evaluation is to identify the Tenderer which ...
i.   the flexibility and responsiveness of the Tenderer and any systems proposed by
                      the Tenderer to ...
Interpretation of RFT

     Definitions and Interpretation
7.   Unless a contrary intention is indicated, this RFT is inte...
Schedule 1: Statement of Requirements

A.1 Scope
A.1.1.        The Register Operator will be responsible for the provision...
Register Operator. These examples should not be taken as mandatory technical
     requirements.

            (1) The Regis...
•   the number of registrations by registration method (for example,
                    telephone, internet website);
   ...
(1) The Register Operator must comply with all applicable security
                requirements specified in the Commonwea...
(2) The Implementation Plan should also:
                • contain details of the Implementation Plan Project Manager, inc...
•   the Risk Management Sub-Plan.

            Risk Management Sub-Plan

            (5) The Risk Management Sub-Plan shou...
A.3 Time frame
A.3.1       The resultant contract is expected to commence on ^xx Month 200^ and to
            conclude on...
B.1 Price Schedule
            ACMA will provide more information concerning the proposed structure of
            the Pri...
Page 30 of 63
31204.doc
APPENDIX 1 - TABLE OF OPERATIONAL REQUIREMENTS



                                                                        ...
Environmental factors
Service        Minimum requirements to be                                                           ...
Environmental factors
Service                 Minimum requirements to be                                                  ...
Environmental factors
Service        Minimum requirements to be                                                           ...
Environmental factors
Service               Minimum requirements to be                                                    ...
Environmental factors
Service        Minimum requirements to be                                                           ...
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3.1

  1. 1. REQUEST FOR TENDER REQUEST FOR TENDER IN RELATION TO THE PROVISION OF DO NOT CALL REGISTRATION SERVICES File reference: ^ File Number^ Request for Tender Page 1 of 63 31204.doc
  2. 2. CONTENTS 1. Tender Details...............................................................................................................4 2. Introduction..................................................................................................................5 2.1. Invitation to Tender....................................................................................................5 2.2. Background to the Do Not Call Register and Summary of Requirements.................5 2.3. About ACMA..............................................................................................................6 2.4. About Timing.............................................................................................................7 3. Conditions of Tender...................................................................................................8 3.1. Lodging of Tenders ...................................................................................................8 3.2. Packaging and Identification of Tenders....................................................................9 3.3. Documents to be Lodged..........................................................................................9 3.4. Electronic Documents................................................................................................9 3.5. Late Lodgement Policy..............................................................................................9 3.6. Registration of Participation in RFT.........................................................................10 3.7. Requests for Further Information.............................................................................10 3.8. Variation and Termination of the RFT .....................................................................10 3.9. Errors and Alterations..............................................................................................11 3.10. Alternative Tenders...............................................................................................11 3.11. Part Tenders and Joint Tenders............................................................................11 3.12. Confidential Information.........................................................................................12 3.13. Statement of Compliance......................................................................................12 3.14. Tenderer’s Confidential information.......................................................................12 3.15. Ethical Dealing.......................................................................................................13 3.16. Conflicts of Interest................................................................................................13 3.17. Application of Law and Commonwealth Policy......................................................14 3.18. Tenderers to Inform Themselves...........................................................................15 3.19. Disclaimer..............................................................................................................15 3.20. Use of Tender Documents.....................................................................................16 3.21. Offers and Acceptance of Offer.............................................................................16 3.22. Reporting and Disclosure Obligations...................................................................16 4. Matters Concerning Tender Response.....................................................................17 4.1. Tender Response....................................................................................................17 4.2. Complaints..............................................................................................................17 4.3. General Matters.......................................................................................................17 5. Evaluation of Tenders................................................................................................19 5.1. Evaluation Methodology..........................................................................................19 Request for Tender Page 2 of 63 31204.doc
  3. 3. 5.2. Conditions of Participation ......................................................................................19 5.3. Minimum Content and Format Requirements .........................................................19 5.4. Essential Requirements...........................................................................................19 5.5. Tender Evaluation...................................................................................................19 5.6. Clarification, Shortlisting and Negotiations..............................................................20 6. Interpretation of RFT..................................................................................................21 6.1. Definitions and Interpretation ..................................................................................21 6.2. Governing Law........................................................................................................21 Appendix 1 - Table of Operational Requirements.......................................................31 Appendix 2 - Functional Specifications.......................................................................52 Schedule 2: Draft Contract..........................................................................................56 Schedule 3: Statement of Compliance.......................................................................57 Schedule 4: Response Cover Sheet...........................................................................58 Schedule 5: Profile of Tenderer...................................................................................59 Schedule 6: Tenderer’s Declaration............................................................................62 Request for Tender Page 3 of 63 31204.doc
  4. 4. REQUEST FOR TENDER IN RELATION TO THE PROVISION OF DO NOT CALL REGISTRATION SERVICES Tender Details Release Date ^DRAFT.^ Closing Time ^DRAFT.^ Offer Period Tenders will remain open for acceptance for a period of 90 days after the Closing Time. Project Officer Grant Symons Executive Manager Converging Services Branch ACMA PO Box 13112 Law Courts Melbourne VIC 8010 Ph: (03) 9963 6866 Fax: (03) 9963 6970 Email: grant.symons@acma.gov.au Tender Details Provision of Do Not Call Registration Services. Tender Box By mail: Tender Box Australian Communications and Media Authority PO Box 78 Belconnen ACT 2616 By hand: Australian Communications and Media Authority Ground Floor, Building 7 (Purple Building) Benjamin Offices Belconnen ACT 2616 By email: via the ACMA email Tender Box tbox@acma.gov.au Contact Officer Name: Mark Gairey Title: Agency Procurement Adviser Address: Corporate Governance Australian Communications and Media Authority PO Box 78 Belconnen ACT 2616 Telephone: (02) 6219 5271 Facsimile: (02) 6219 5464 Email: mark.gairey@acma.gov.au Page 4 of 63 31204.doc
  5. 5. Introduction Invitation to Tender The Commonwealth of Australia represented by the Chief Executive of the Australian Communications and Media Authority, a body corporate established under the Australian Communications and Media Authority Act 2005 (ACMA Act), ABN 55 386 169 386, (‘the Commonwealth’) invites Tenders for the provision of the requirements set out in the Statement of Requirements in accordance with this Request for Tender (RFT). This RFT is made for the benefit of the Australian Communications and Media Authority (‘ACMA’). In accordance with the ACMA Act, any contract entered as a result of this RFT will be between the Contractor and the Commonwealth of Australia - see section 12 of the ACMA Act. In accordance with section 44 of the Financial Management and Accountability Act 1997, the Chief Executive of ACMA will be responsible for managing any contract on behalf of the Commonwealth. Background to the Do Not Call Register and Summary of Requirements Legislation to establish a national Do Not Call Register (the Register) in Australia received Royal Assent on 30 June 2006. The legislation, the Do Not Call Register Act 2006 (the DNCR Act), provides that ACMA must keep or arrange for another person to keep, on behalf of ACMA, a register of telephone numbers for the purposes of the DNCR Act. According to the Explanatory Memorandum to the Bill for the DNCR Act (Explanatory Memorandum), the DNCR Act is a direct response to the level of increasing community and individual concerns about the number of unsolicited telemarketing calls which have grown significantly in recent years. While telemarketing is a legitimate method by which businesses can market their services or seek donations, and the direct marketing industry makes an economic contribution, the DNCR Act enables individuals who have an Australian number to opt out of receiving unsolicited telemarketing calls. According to the Explanatory Memorandum, Commonwealth government budget funding has been provided over four years for the arrangements contained in the DNCR Act and the Do Not Call Register (Consequential Amendments) Act 2006. The Explanatory Memorandum anticipated that approximately $15.9 million will be recovered from the telemarketing industry through the payment of fees to access the Register over this period. Full cost recovery of the operation of the Register is intended to occur from the fourth year of operation onwards. The budget funding is said by the Explanatory Memorandum to include funding for ACMA to undertake its regulatory functions and for DCITA to undertake policy development work associated with the Do Not Call Register scheme. ACMA may determine fees for cost recovery under section 21 of the DNCR Act. The Register will allow individuals to register their home and mobile numbers on the Register if they do not want to receive certain unsolicited telemarketing calls. The DNCR Act is aimed at regulating and minimising unsolicited telemarketing calls made to a Australian telephone numbers that originate from overseas or within Australia. There will be no cost for submitting a telephone number to the Register for registration. Page 5 of 63 31204.doc
  6. 6. Telemarketers who wish to make telemarketing calls will in effect be required to have their calling lists checked by the Register Operator against the numbers registered on the Register and ‘washed’ to ensure that they do not contact numbers of individuals who have opted out of receiving telemarketing calls. The DNCR Act prohibits the making of unsolicited telemarketing calls to a number listed on the Register. The DNCR Act does, however, provide for a number of limited exemptions to this prohibition to enable certain public interest organisations to make telemarketing calls. Exemptions also apply where the account holder or their nominee has consented to the call or where consent can be reasonably inferred. ACMA will make determinations relating to the operation and administration of the Register. According to the Explanatory Memorandum, with a population of 300 million, the United States of America’s Do Not Call Register experienced 100 million registrations by the end of its second year of operation. The United Kingdom, with a population of 60 million, has experienced 20 million registrations on its Telephone Preference Service. . Based on this international experience, ACMA expects that there could be up to 7 million numbers offered for registration on the Register in the first two years. The international experience suggests that there could be up to 1 million registrations in the first week of operation of the Register and 5 million in the first twelve months. Each number stays on the Register for three years unless removed on request. ACMA estimates that there are approximately 20 million numbers eligible to be placed on the Register. . The Commonwealth is seeking tenders from suitably qualified and experienced organisations (individually or as part of a consortium) for building, commissioning, maintaining and administering the Register, as well as, for promoting awareness of the Register and implementing a complaint handling and complaint referral service relating to the operation of the Register. In the event that a suitable bid for all the services is not provided, the Commonwealth would consider negotiating with tenderers to deliver part of the services offered (please see clause 3.11 of this RFT). . More detail concerning these requirements is set out in the Statement of Requirement at Schedule 1. . Tenderers must be able to meet the conditions of participation as identified in clause 5.2. . The minimum content and format requirements of this RFT are as identified in clause 5.3. About ACMA . The Australian Communications and Media Authority (ACMA) is responsible for the regulation of broadcasting, radiocommunications, telecommunications and on-line content. . ACMA’s responsibilities include: • promoting self-regulation and competition in the telecommunications industry, while protecting consumers and other users; Page 6 of 63 31204.doc
  7. 7. • fostering an environment in which electronic media respect community standards and responds to audience and user needs; • managing access to the radiofrequency spectrum, including the broadcasting services bands; • representing Australia’s communications and broadcasting interests internationally; • undertaking functions conferred on ACMA under the DNCR Act such as keeping the Register (or arranging for another entity to keep the Register) and investigating complaints relating to telemarketing calls. . For more information on ACMA, refer to the Australian Communications and Media Authority Act 2005 and the ACMA website (http://www.acma.gov.au). About Timing . The following table is an indicative timetable for the process leading up to the launch of the Register only. It is indicative only and may be subject to change. It is included as a guide to Tenderers, and should not be relied upon other than as an indication of expected timeframes. ACMA and the Commonwealth do not accept any responsibility or liability for any loss howsoever caused as a result of reliance on this indicative timetable. Activity Indicative timing Issue Request for Tender 2 October 2006 Industry briefing 11 October 2006 Tender Closing Time 30 October 2006 Tender Evaluation November 2006 Contract Negotiation December 2006 Contracts signed and all Tenderers advised January 2007 Do Not Register launch No later than May 2007 Page 7 of 63 31204.doc
  8. 8. Conditions of Tender Lodging of Tenders . Tenders are to be lodged on or before the Closing Time. . Tenders may be lodged by mail or by hand at the Tender Box in a sealed envelope clearly marked with the Tender Details or electronically to the ACMA email Tender Box. . Tenderers sending Tenders by mail or electronically do so at their own risk and no responsibility will be accepted for Tenders delivered to an incorrect location or address. . The time recorded by the ACMA email Tender Box system for electronic lodgement of Tenders is deemed to be the correct time. . When lodging a Tender via the ACMA email Tender Box system, ACMA on behalf of the Commonwealth will accept Tenders lodged in Microsoft Word 2002 SP-1. The Tender file name/s must: a. incorporate the Tenderer’s name; b. reflect the various parts of the Tender they represent, where the Tender comprises multiple files; c. not include spaces, non-alpha/numeric characters and symbols; and d. not exceed 20 characters. . Tenders lodged via the ACMA email Tender Box system: a. should be zipped (compressed) together for transmission to ACMA; b. should be completely self-contained and not include hyperlinked material or material otherwise incorporated by reference; and c. should not exceed a combined file size of 10 megabytes per email - if an upload would otherwise exceed 10 megabytes, the Tenderer should lodge the Tender in multiple emails of less than 10 megabytes each, clearly identifying each email as part of the Tender. . The Commonwealth and ACMA will accept up to a maximum of five files in any one email of a Tender. . The Commonwealth and ACMA do not guarantee that transmission to the ACMA email Tender Box will be available or will function or perform as expected or required. Tenderers use the ACMA email Tender Box system at their own risk and the Commonwealth and ACMA accept no responsibility for late Tenders as a result of any malfunction of the ACMA email Tender Box system. . Tenders will only be accepted into evaluation if lodged in accordance with this clause 3.1. Page 8 of 63 31204.doc
  9. 9. Packaging and Identification of Tenders . For Tenders lodged by mail or by hand, Tenders should be enclosed in a sealed envelope or other sealed container endorsed with: a. the RFT number and Tender Closing Time; and b. the name of the Tender. . Where a Tenderer submits more than one response to this RFT each Tender should be submitted in a separate and appropriately endorsed envelope or container. Documents to be Lodged . When lodging their Tender by mail or by hand, Tenderers should lodge an original (marked “original”) and 2 hard copies, together with an electronic copy of their Tender on computer disc compatible with Microsoft Word 2002 SP-1. Each copy of the Tender (including any electronic copy) should be complete and standalone. If there is a discrepancy between a copy (including any electronic copy) and the original, the original takes precedence. . Alternatively, Tenderers can lodge an electronic copy of their Tender through the ACMA email Tender Box in accordance with the process set out in clause 3.1. . Only material requested or required by this RFT should be lodged. Supporting or marketing material that has not been requested is not to be included. Where such material is included, it may be disregarded. Electronic Documents . Tenderers warrant that they have taken reasonable precautions to ensure that Tender files are free from malicious software such as viruses, worms or other disabling features. Tenders that are found to contain malicious software may be excluded from the evaluation process. . If an electronic file is corrupt, illegible, inadequate or incomplete, the Commonwealth may exclude the Tender from evaluation, unless a hardcopy has been lodged. . Documents requiring a signature should be scanned and lodged in electronic format. The Commonwealth may request the Tenderer to provide any signed documentation that has been submitted in electronic form. If the Tenderer does not do so, the Commonwealth may exclude the Tender from evaluation. Late Lodgement Policy . Any Tender will be deemed to be late if it is not lodged before the Closing Time. . Subject to this clause 3.5, the Commonwealth will not admit late Tenders into evaluation. . The Commonwealth will admit into evaluation any Tender that was received late solely due to mishandling by ACMA or ACMA staff. Page 9 of 63 31204.doc
  10. 10. Registration of Participation in RFT . Tenderers who wish to be kept advised of amendments and clarifications to this RFT process may register their interest by fax or email to the Contact Officer. In registering their interest, Tenderers must provide contact details with a suitable electronic means of communication such as fax or email. . All alterations, corrections and notices will be made available by the Contact Officer and will be placed on a website in the Tenders Section of the ACMA website. . ACMA accepts no responsibility if a Tenderer fails to become aware of any addenda or notices in relation to this RFT which would have been apparent from a visit to the ACMA website or from other information available from the Contact Officer. Requests for Further Information . Requests for further information or any queries in relation to this RFT must be directed in writing to the Contact Officer. . ACMA staff, on behalf of the Commonwealth, may circulate questions and their answers to all other Tenderers without disclosing the source of the questions or revealing the substance of a proposed Tender or other confidential information. . ACMA staff, on behalf of the Commonwealth, may decline to provide information to Tenderers that is considered: a. confidential information; b. security classified information or other sensitive information; c. information which may impede current or future competition in the market; d. information that may provide a Tenderer with an unfair advantage in the RFT process; or e. information that, in ACMA’s reasonable opinion, should not be disclosed for any other reason. Variation and Termination of the RFT . The Commonwealth may amend this RFT, including the timing and processes referred to in this RFT and extending the Closing Time, by giving written notice. Any extension notice or other amendment will be published and distributed in accordance with this RFT. . The Commonwealth and ACMA are not liable to a Tenderer who fails to become aware of any notice or amendment, which has been published and distributed in accordance with this RFT. . If the RFT is amended after the Closing Time, the Commonwealth may request Tenderers to update and re-lodge their Tenders. . The Commonwealth may terminate the Tender process at any time. Page 10 of 63 31204.doc
  11. 11. Errors and Alterations . Tenderers are to initial any alterations made to a Tender. Tenders containing alterations that are not initialled, or pricing or other information that is not stated clearly and legibly, may be excluded from consideration. . If the Commonwealth considers that there are unintentional errors of form in a Tender, ACMA staff (on behalf of the Commonwealth) may request the Tenderer to correct or clarify the error, but the Commonwealth will not permit any material alteration or addition to the Tender. . Tenderers should immediately notify the Project Officer in writing if a Tenderer reasonably believes there is discrepancy, error, ambiguity, inconsistency or omission in this RFT. Alternative Tenders . The Commonwealth will consider an alternative approach or solution only if the Tenderer has also lodged a compliant Tender which meets the mandatory and essential requirements as specified in this RFT. . Where an alternative Tender is proposed, a Tenderer should: a. separately identify, in detail, the proposed alternative approach or solution; b. specify each instance of change from the compliant Tender submitted by the Tenderer (including effect on the tendered price); c. state the reasons for each instance of change; and d. demonstrate how the proposed alternative approach is beneficial to ACMA. . Failure to provide this information may result in the Commonwealth not considering the alternative Tender. Part Tenders and Joint Tenders . The Commonwealth will not consider a Tender for part of the requirements. . The Commonwealth has a preference for a single contract to deliver all the services set out in the Statement of Requirements. Notwithstanding this preference, the Commonwealth reserves the right in its absolute discretion to: a. exclude a particular aspect of the services; or b. select more than one contractor to provide the different aspects of the services. . Tenders are taken to be submitted on the basis that the Commonwealth may accept the Tender in respect of all or part of the services. . The Commonwealth will only contract with a single legal entity that will be the party responsible for the performance under any contract. Where the Tenderer represents a consortium, the Tender must include the information sought for each consortium member, describe in detail the structure of the consortium, in particular clarifying whether each consortium member will be jointly and Page 11 of 63 31204.doc
  12. 12. severally liable for the performance of the contract or whether one member will be fully liable for the performance. . The Commonwealth reserves the right to any time negotiate with any Tenderer or any person who is not a Tenderer and/or enter into one or more contracts for the provision of services that are the same or similar to those that are the subject of this RFT on such terms as the Commonwealth in its absolute discretion deems appropriate. Confidential Information . Tenderers are required to ensure that any of their employees, agents or sub-contractors involved in meeting ACMA’s requirements do not either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of ACMA, the Commonwealth or a third party acquired or obtained in the course of preparing a Tender, or any documents, data or information provided by ACMA or the Commonwealth and which ACMA or the Commonwealth indicates to Tenderers is confidential or which Tenderers know or ought reasonably to know is confidential. Statement of Compliance . Tenderers are to indicate in the Statement of Compliance (in Schedule 3) their level of compliance or otherwise with each clause of the Statement of Requirements and Draft Contract. Responses are to be in the order in which the clauses appear and refer to the relevant clause number or schedule. Non committal terms such as “noted” should not be used. Responses are to be limited, wherever possible, to the following expressions: a. “complies” – means that the contractual condition, characteristic or performance requirement of the clause is agreed to and is fully met by the Tender; and b. “does not comply” – means that the contractual condition, characteristic or performance requirement of the clause cannot or will not be met by the Tender. . Where a Tender does not comply with a particular clause, the manner and extent of non- compliance is to be stated in the Statement of Compliance. The Tenderer is to provide separately a summary list of clauses in respect of which there is non-compliance. Tenderer’s Confidential information . The Commonwealth will treat, and will ensure that ACMA and ACMA staff treat, Tenderer provided information as confidential information. . The Commonwealth’s and ACMA’s obligation to keep confidential Tenderer provided information will not be taken to have been breached to the extent that the Commonwealth or ACMA disclosed the information: a. to its advisers, officers, employees or subcontractors solely in order to conduct the RFT process; b. to internal management personnel, solely to enable effective management or auditing of the RFT process; Page 12 of 63 31204.doc
  13. 13. c. to the responsible Minister; d. in response to a request by a House or a Committee of the Parliament of Australia; e. to share within ACMA’s organisation, or with a Commonwealth agency or the Department of Communications, Information Technology, and the Arts, where this serves ACMA’s legitimate interests; f. as authorised or required by law to be disclosed; or g. where it is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality. Ethical Dealing . The Commonwealth’s policy is to engage in the highest standards of ethical behaviour and fair dealing throughout the Tender process. The Commonwealth requires the same standards from those with whom it deals. . Tenders must be compiled without improper assistance of employees or former employees of ACMA and without the use of information improperly obtained or in breach of an obligation of confidentiality. . Tenderers must not: a. engage in misleading or deceptive conduct in relation to the RFT process; b. engage in any collusive tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Tenderer, or any other person in connection with the RFT process; or c. attempt to influence improperly any officer, employee or agent of ACMA, or violate any applicable laws or Commonwealth policies regarding the offering of inducements in connection with the RFT process. . The Commonwealth may exclude from consideration any Tender lodged by a Tenderer which, in the Commonwealth’s reasonable opinion, has engaged in any behaviour contrary to clause 3.15.3 in relation to the RFT process. Conflicts of Interest . Tenderers are required to represent and declare in Schedule 6 [Tenderer’s Declaration] whether, at the time of lodging their Tender, a conflict of interest concerning itself or a related entity (‘Conflict of Interest’) exists or might arise during the term of any contract entered into as a result of the RFT process. . If an actual or potential Conflict of Interest concerning itself or a related entity arises at any time during the RFT process, Tenderers are to immediately notify the Commonwealth in writing. If a Conflict of Interest arises, the Commonwealth may: a. enter into discussions to seek to resolve such Conflict of Interest; b. reject the Tender lodged by such a Tenderer; or Page 13 of 63 31204.doc
  14. 14. c. take any other action it considers appropriate. Application of Law and Commonwealth Policy . Tenderers should familiarise themselves with all relevant Commonwealth legislation and policies relating to the provision of the Statement of Requirements including: a. the small and medium enterprises (SME) policy under which the Government is committed to agencies sourcing at least 10% of their purchases by value from SMEs. An SME is an Australian or New Zealand registered firm with fewer than 200 full time equivalent employees; b. the Freedom of Information Act 1982 which gives members of the public rights or access to certain documents of ACMA and the Commonwealth; c. the Privacy Act 1988 (as amended by the Privacy Amendment (Private Sector) Act 2000) which aims to ensure that contractors and their subcontractors do not engage in an act or practice which, if done by ACMA or the Commonwealth, would breach the Information Privacy Principles. The Privacy Act also imposes obligations directly on contractors and subcontractors to comply with the National Privacy Principles; and d. the Trade Practices Act 1974 which aims to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Act prohibits various trade practices that tend to prevent or lessen competition in an Australian market for goods and services. . Where the Tenderer is currently named as not complying with the Equal Opportunity for Women in the Workplace Act 1999, the Commonwealth may exclude its Tender from further consideration. . The attention of Tenderers is drawn to the Auditor-General Act 1997 that provides the Auditor- General or an authorised person with a right to have, at all reasonable times, access to information, documents and records (see sections 32 and 33 of the Auditor-General Act 1997). . In addition to the Auditor-General’s statutory powers, and in recognition of the need for the Auditor- General’s functions to be conducted in an efficient and cooperative manner, if a Tenderer is chosen to enter into a contract as a result of the RFT process, that Tenderer may be required to provide to the Auditor-General, or a delegate of the Auditor-General, access to information, documents, records and Commonwealth assets, including those on the Tenderer’s premises. This access will be required at reasonable times on giving reasonable notice, for the purpose of carrying out the Auditor-General’s functions and will be restricted to information and assets which are in the custody or control of the Tenderer, its employees, agents or subcontractors, and which is directly related to the contract. Such access will apply for the term of any contract entered into and for a period of five years from the date of expiration or termination. . Tenderers should obtain, and will be deemed to have obtained, their own advice on the impact of the Auditor-General Act 1997 on their participation in the RFT. . The operation of the Register will be in accordance with the DNCR Act and any legislative instruments made under that Act. Tenderers should familiarise themselves with this Act and obtain Page 14 of 63 31204.doc
  15. 15. any advice necessary. Tenderers should be aware that changes to the Act and the instruments made or approved under it may affect the operation of the Register. . The operation of the Register will also be consistent with the Telecommunications Act 1997 and any legislative or other instruments made or approved under this Act. Tenderers should familiarise themselves with this Act and obtain any advice necessary. Tenderers should be aware that changes to the Act and the instruments made under it may affect the operation of the Register. Tenderers to Inform Themselves . Tenderers are considered to have: a. examined this RFT, any documents referenced in this RFT and any other information made available by the Commonwealth or ACMA to Tenderers for the purpose of submitting a Tender; b. examined all further information which is obtainable by the making of reasonable inquiries relevant to the risks, contingencies, and other circumstances having an effect on their Tender; c. satisfied themselves as to the correctness and sufficiency of their Tenders including tendered prices; and d. satisfied themselves as to the terms and conditions of the Draft Contract and their ability to comply with the Draft Contract. . Tenders are submitted on the basis that Tenderers acknowledge that: a. they do not rely on any representation, letter, document or arrangement, whether oral or in writing, or other conduct as adding to or amending these conditions other than amendments in accordance with clause 3.8; b. they do not rely upon any warranty or representation made by or on behalf of the Commonwealth or ACMA, except as are expressly provided for in this RFT, but they have relied entirely upon their own inquiries and inspection in respect of the subject of their Tender; c. the Commonwealth and ACMA will not be responsible for any costs or expenses incurred by Tenderers in complying with the requirements of this RFT; and d. neither this RFT nor the Tender give rise to contractual obligations between the Commonwealth and the Tenderer. Disclaimer . The Commonwealth and ACMA will not be liable to any Tenderer on the basis of any promissory estoppel, quantum meruit or other contractual, quasi contractual or restitutionary grounds whatsoever or in negligence as a consequence of any matter relating or incidental to a Tenderer’s participation in this RFT process including instances where: a. a Tenderer is not invited to participate in any subsequent process following completion of this RFT process; Page 15 of 63 31204.doc
  16. 16. b. the Commonwealth varies or terminates the RFT process; c. the Commonwealth decides not to contract for all or any of the requirements; or d. the Commonwealth exercises or fails to exercise any of its other rights under or in relation to this RFT. Use of Tender Documents . All Tender documents submitted in response to this RFT will become the property of the Commonwealth and be in the custody of ACMA. . Intellectual property owned by the Tenderer or third parties in material contained in the Tender does not pass to the Commonwealth with physical property in the Tender documents. However, the Commonwealth is granted an irrevocable, royalty free licence to use, reproduce and circulate any copyright material contained in the Tender, or provided by the Tenderer in response to this RFT, to the extent necessary to conduct the Tender process and in the preparation of any resultant contract. Offers and Acceptance of Offer . Lodging a Tender will constitute an offer in accordance with this RFT by the Tenderer for a period of not less than the Offer Period. . A Tender is not taken to have been accepted until a formal contract has been executed by the Tenderer and the Commonwealth on the basis of the Draft Contract, and notice by the Commonwealth to any Tenderer that it is, or is not, a preferred or successful Tenderer does not constitute an acceptance or rejection of any Tender. Reporting and Disclosure Obligations . Following the evaluation of Tenders and the award of contract (if applicable), the Commonwealth will promptly inform all Tenderers of the outcome of the Tender process. . On request, the Commonwealth will provide an unsuccessful Tenderer with reasons that its Tender was not successful. The Commonwealth may choose to provide these reasons in writing or orally. . In addition, the Commonwealth is obliged to: a. list any contract for the benefit of ACMA arising out of this RFT with a consideration of $100,000 or more, on the ACMA Internet website, identifying any confidentiality requirements, in accordance with the Senate Order on Department and Agency Contracts; and b. publish contracts with an estimated contract value of $10,000 or more on the AusTender Contracts Reported website. Page 16 of 63 31204.doc
  17. 17. Matters Concerning Tender Response Tender Response . Tenderers are referred to the Statement of Requirements and the evaluation criteria for information on the requirements sought by the Commonwealth in this RFT. Tenderers should submit with their Tender: a. Tenderer’s details (including full name, any trading or business name, address, company details, ABN (if applicable) and contact for notices) as set out in the Response Cover Sheet in Schedule 4 and the Profile of Tenderer in Schedule 5; b. Tenderer’s response to the Statement of Requirements (in Schedule 1) which should address all the matter identified in Schedule 1 to the Draft Contract (see items A, B, C, D, E, F, G of that Schedule); c. detailed pricing; d. details of any specified personnel or subcontractors with particular experience or expertise who will assist in carrying out the requirements of the Draft Contract; e. details of past performance in providing the type of requirements; f. a list of, and contact details for, at least three recent clients of the Tenderer who are prepared to act as referees and a description of the goods and/or services supplied by the Tenderer to the referee; g. details of the Tenderer’s insurance; h. Tenderer’s Declaration (in Schedule 6); and i. details of the Tenderer’s level of compliance (in Schedule 3). . The Draft Contract will form the basis of the final contract between the Commonwealth and the successful Tenderer. Tenderers are advised to examine its terms and conditions when framing their offer. Complaints . A Tenderer may lodge a complaint if dissatisfied with any aspect of this RFT process and unable to resolves the issue with the Complaints Officer. Complaints should be directed in writing to the Complaints Officer: ^insert details for Complaints Officer^ . The Complaints Officer is independent of the RFT process. . Complaints will not prejudice a Tenderer’s participation in any of ACMA’s future procurement processes. General Matters . Prices are to be inclusive of: Page 17 of 63 31204.doc
  18. 18. a. GST (as defined in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999); b. all costs of complying with this RFT; and c. all costs associated with doing all things necessary for the due and proper completion of the proposed contract. Where such costs are dependent on agreement of the exact scope of work, the basis for determining these costs must be provided. . The Tenderer should clearly specify any discount (such as early payment terms) and incentives offered. . The Tenderer should specify in its response to the RFT hourly rates for the term of the proposed contract, for each of the specified personnel, which will be used to price work under the contract. Page 18 of 63 31204.doc
  19. 19. Evaluation of Tenders Evaluation Methodology . The objective of the evaluation is to identify the Tenderer which meets ACMA's requirements and represents the best value for money. The Commonwealth's decision on the parameters and methodology for evaluation will be final. Conditions of Participation . There are no Conditions of Participation for this RFT. Minimum Content and Format Requirements . The Tender must be written in English and measurements are to be expressed in Australian legal units of measurement. Prices are to be in Australian dollars, unless otherwise stated. . Subject to clause 5.6, the Commonwealth will exclude a Tender from further consideration if the Commonwealth considers that the Tender does not comply with the following requirements: a. the inclusion of information on matters referred to in [TBA] of Schedule 1 to this Request for Tenders; and b. the inclusion of a copy of all insurance certificates that cover, or would cover, the services to be performed under the proposed contract. Essential Requirements 0. The Commonwealth will exclude a Tender from further consideration if the Commonwealth considers that the Tender does not comply with an essential requirement identified in the Statement of Requirements. Tender Evaluation 1. Subject to clause 5.5.3, the criteria to be applied for the purposes of evaluation are: a. the extent to which Tenders meet the Statement of Requirements; b. the degree of overall compliance with the RFT including the Draft Contract; c. price (including the extent to which an increase in volume or scope of any aspect of the Statement of Requirements will have an effect on the price); d. ability to manage risk; e. the Tenderer’s capability to meet ACMA’s requirements; f. financial viability of the Tenderer; g. experience and past performance of the Tenderer including the skills and experience of any specified personnel or subcontractors; h. the Tenderer’s understanding of the legal and policy environment within which the Register will operate; and Page 19 of 63 31204.doc
  20. 20. i. the flexibility and responsiveness of the Tenderer and any systems proposed by the Tenderer to operate the Register. 2. The list of evaluation criteria is not in any order of importance. 3. If additional criteria are intended to be applied for the purposes of evaluation, the Commonwealth will notify Tenderers who will be given an opportunity to respond. 4. The Commonwealth may exclude from consideration Tenders that in the Commonwealth’s opinion are incomplete or clearly not competitive. However, the Commonwealth may consider such Tenders and seek clarification in accordance with clause 5.6. Clarification, Shortlisting and Negotiations 5. The Commonwealth may: a. use any relevant information obtained in relation to a Tender (through this RFT or by independent inquiry of the Tenderer’s referees or references or other means) in the evaluation of Tenders; b. enter into negotiations or discussions with any one or more Tenderers with conforming Tenders; and c. seek clarification of any omissions, ambiguities or anomalies from any Tenderer. 6. The Commonwealth may shortlist Tenderers at any time during the evaluation process. If it does so, Tenderers will be advised accordingly, and short listed Tenderers may be invited to provide further information on their Tender to the Commonwealth. Page 20 of 63 31204.doc
  21. 21. Interpretation of RFT Definitions and Interpretation 7. Unless a contrary intention is indicated, this RFT is interpreted in the same manner, and its terms have the same meaning, as in the Draft Contract in Schedule 2. 8. In this RFT, unless the contrary intention appears: a. Closing Time means the date and time set out in clause 1; b. Conflict of Interest means any matter, circumstance, interest, or activity affecting the Tenderer (including the officers, employees, agents and subcontractors of the Tenderer) which may or may appear to impair the ability of the Tenderer to provide the requirements for the benefit of ACMA diligently and independently; c. Contact Officer means the person set out in clause 1; d. Draft Contract means the document set out in Schedule 2; e. Offer Period means the period set out in clause 1; f. Project Officer means the person set out in clause 1; g. Statement of Compliance means the statement of compliance set out in Schedule 3; h. Statement of Requirements means the statement of requirements set out in Schedule 1; i. Tender Box means the tender box set out in clause 1; and j. Tender Details means the tender details set out in clause 1. Governing Law 9. The governing law of the Australian Capital Territory applies to the RFT. The courts of the Australian Capital Territory have non-exclusive jurisdiction to decide any matter arising out of this RFT. Page 21 of 63 31204.doc
  22. 22. Schedule 1: Statement of Requirements A.1 Scope A.1.1. The Register Operator will be responsible for the provision of the services described in this Schedule in relation to the establishment, operation and management of the Do Not Call Register. A.2 Services to be performed/ goods to be supplied A.2.1 Introduction (1) In accordance with Part 3 of the DNCR Act, the Register Operator will be required to keep on behalf of ACMA the Do Not Call Register (the Register). The Register is to be kept in electronic form. (2) Aims and objectives of the Register are as follows: • the Register will be established and administered in accordance with the DNCR Act; • registration should be straightforward, efficient and free of charge; • access to the Register should be straightforward and efficient; • the existence of the Register should be widely known by potential subscribers and users of the Register (individuals and telemarketers); • there will be clear and robust complaint handling procedures for handling complaints from account holders or their nominees and access-seekers. A.2.2 Operation and administration of the Do Not Call Register (1) A Table of Operational Requirements is set out in Appendix 1 to this Schedule. (2) Appendix 1 also sets out the minimum and expected standards, together with a description of the material Tenderers should include in their Tenders. A.2.3 Technical requirements Tenderers must provide information on the information technology to be used in the implementation and operation of the Register. (The precise technical requirements will be developed in consultation with the successful Tenderer.) Tenderers must provide information on technical standards and requirements they see as necessary to provide secure, reliable, high transaction IT systems to perform all functions of the Register Operator. The information should address all the material below. The following material is provided as a guide to Tenderers and lists potential technical requirements of various IT systems that may be utilised in the provision of the services by the Page 22 of 63 31204.doc
  23. 23. Register Operator. These examples should not be taken as mandatory technical requirements. (1) The Register Operator should be able to provide a technology system incorporating the following characteristics: • provision of IT systems and network infrastructure that conforms to the Protective Security Manual (PSM) as issued by the Attorney-General's Department (http://www.ag.gov.au/www/protectivesecurityhome.nsf/0/3ABEF 2858B90B6D3CA256BB3001AE07C?OpenDocument); • provision of IT systems and network infrastructure that conforms to the Australian Government Information and Communications Technology Security Manual (ACSI 33) (http://www.dsd.gov.au/library/infosec/ acsi33.html); • HyperText Transfer Protocol Secure (HTTPS) for provision of secure payments by telemarketers; • HTTPS for Internet data transfer between telemarketers and the Register Operator; • two factor authentication for telemarketers to use the access services provided by the Register Operator; • utilisation of service oriented architecture models; and • utilisation of Extensible Markup Language (XML) data transfer processes. (2) The Register Operator must have the technical expertise, knowledge and ability to provide secure, reliable, high transaction IT systems to perform all functions of the Register Operator. (3) The technology used by the Register Operator should meet the High Level Functional Specifications and the Non-Functional Specifications in Appendix 2 to this Schedule 1. A.2.4 Reporting Tenderers must provide information on their proposed reporting arrangements, including proposed format and content and method of delivery. This information should address all the matters set out below. (1) The Register Operator must report quarterly to ACMA on its performance against the Performance Standards set out under the proposed contract. (2) The quarterly reports should include: • performance achieved for the quarter against the Performance Standards in the proposed contract and the Implementation Plan; • a description of any event which has had, or which may have, an effect on the provision of the services; Page 23 of 63 31204.doc
  24. 24. • the number of registrations by registration method (for example, telephone, internet website); • the number of ‘washing’ services provided to telemarketers/businesses; and • the number of complaints received by the Register Operator from users and access seekers. (3) ACMA may within reasonable limits, request the Register Operator to provide specific reports where deemed appropriate. The Register Operator will be expected to provide these reports at no additional cost to ACMA. (4) The Register Operator must have appropriate systems in place to ensure that ‘call centre/contact’ and web access availability is reported accurately. (5) The Register Operator must report to ACMA within 30 days of the end of each calendar quarter unless otherwise agreed by ACMA. Financial statements (6) The Register Operator must provide ACMA with audited financial statements, for each financial year complying, with relevant accounting standards. ACMA should have full visibility of costs associated with operating the Register and have free and comprehensive access provided by the Register Operator’s financial and management accounting records and systems relevant to the performance of the services under the proposed contract. A.2.5 Fault management and reporting Tenderers must provide information on their proposed fault management arrangements. This information should address all the matters set out below. (1) The Register Operator must have formal fault reporting, monitoring and rectification processes in place. The processes will be reflected in the Implementation Plan. (2) The Register Operator must cooperate with ACMA as requested to investigate and resolve performance concerns relating to registration services. A.2.6 Security, Confidentiality and Privacy Tenderers must provide information on their proposed arrangements for complying with all relevant security requirements and maintaining confidentiality and privacy. This information should address all the matters set out below. Page 24 of 63 31204.doc
  25. 25. (1) The Register Operator must comply with all applicable security requirements specified in the Commonwealth Protective Security Manual 2005. (2) The Register Operator must comply with all confidentiality and privacy laws and have suitable policies and procedures in place for confidentiality and privacy matters. A.2.7 Quality Management System Tenderers must provide information on their proposed arrangements for establishing and maintaining a quality management system. This information should address all the matters set out below. (1) The Register Operator must establish and maintain a Quality Management System that is certified to ISO 9000 series, ‘Quality management systems – Requirements’ or equivalent national quality management system. A.2.8 Working effectively with ACMA and other organisations Tenderers must provide information on their proposed arrangements for working effectively with ACMA and other organisations. This information should address all the matters set out below. Tenderers should demonstrate, with examples, an understanding of and commitment to establishing effective working relations with other organisations. (1) The overall success of the Register is dependent on the Register Operator working effectively with various entities. The Register Operator must undertake all reasonable efforts to cooperate with (amongst others): • ACMA; • the Office of the Privacy Commissioner; • the direct marketing industry (including any industry bodies); • users of the Register (the public); and • access seekers to the Register (telemarketers). A.2.13 Development of Plans Tenderers must provide complete drafts of an Implementation Plan, an IT Systems and Development Plan (incorporating a Risk Management Plan) and a 4 Year Business Plan. The Implementation Plan (1) The Implementation Plan for the Register should address all activities that need to be completed to allow the operation of the Register to commence no later than May 2007. Page 25 of 63 31204.doc
  26. 26. (2) The Implementation Plan should also: • contain details of the Implementation Plan Project Manager, including details of their relevant experience; • contain a detailed schedule of all activities to be undertaken and the entities that will undertake those activities to allow the operation of the Register to commence no later than May 2007. The schedule should also detail who is responsible for each activity (including third parties) and the dates on which the activities will be delivered; • contain a schedule of all critical path milestones; • contain a detailed budget for the implementation period being the first 12 months after execution of the proposed contract; • detail the IT systems to be used to support the Register; • detail how the Register will handle the expected high level of demand for registrations in the immediate period following the launch of the Register; • detail all risks including technical risks associated with implementation, and outline how these risks will be mitigated (reference could be made to the risks set out in the Risk Management Sub-Plan); and • include a draft “Transition Out Plan” for inclusion in Schedule 6 of the contract. IT Systems Development and Maintenance Plan (3) The IT Systems Development and Maintenance Plan should include: • information on the Register Operator’s proposed website registration system; and • information on the database systems proposed to house the Register; and • information on the Register Operator’s proposed website interface for access seekers (including the security of lists sent by access seekers and returned by the Register Operator); and • the outline of how the Register Operator will co-operate and ensure a smooth transition process in the event that the Register Operator ceases to operate the Register and another entity (including, but not limited to, ACMA) commences to operate the Register (including the transfer of pending registrations and removals, the Register, registration services, and complaints). (4) The IT Systems Development and Maintenance Plan should also include: • an overall IT Systems development strategy; • life cycle maintenance requirements for equipment critical for service delivery; • disaster recovery and business continuity; • data protection; • a strategy for ensuring that maintenance is conducted by suitably qualified personnel; and Page 26 of 63 31204.doc
  27. 27. • the Risk Management Sub-Plan. Risk Management Sub-Plan (5) The Risk Management Sub-Plan should be included in the IT Systems Development and Maintenance Plan. It should be developed in accordance with the Australian Standard AS/NZS 4360 Risk Management. (6) The Risk Management Sub-Plan should identify all the key risks that the Tenderer believes are associated with the set up period, during the initial 12 month implementation period and during the rest of the initial term of the proposed contract. The Sub-Plan must address potential risks throughout the service period of the contract. The Sub-Plan must provide an assessment of the severity of the risks identified and the likelihood of a risk event occurring. It must outline strategies for the management of these risks and procedures for the maintenance of the Risk Management Sub-Plan throughout the life of the proposed contract, including (but not limited to) insurance cover for the tasks to be performed under the contract. Risks addressed should include, but not be limited to, those associated with: • establishing the Register; • loss of key personnel or other critical staff; • service delivery infrastructure (including security); • privacy breaches; • DDOS attacks; and • system overload (capacity problems). 4 Year Business Plan (6) The 4 Year Business Plan should include: • set up costs, including capital and non-recurring operating costs for building the Register; • promotion and publicity costs (to a cap of $1 million for the first four years); • database management and maintenance costs; • complaint handling costs; • register management costs; • development costs; and • detailed budget. (7) Costs set out in this Plan should be consistent with and should not exceed, for the duration of the proposed contract, the costs detailed in the Tender. (8)It is anticipated by ACMA that there will be economies of scale related to the maintenance of the Register. Tenderers are invited to include references to their own methodologies for reducing their costs base over time. Page 27 of 63 31204.doc
  28. 28. A.3 Time frame A.3.1 The resultant contract is expected to commence on ^xx Month 200^ and to conclude on ^xx Month 200^. To be advised A.4 Contract management A.4.1 The Commonwealth expects the successful Tenderer to manage the relationship pro-actively and to provide a Client Manager at a senior level in addition to the specified personnel or subcontractors delivering the requirements. The Commonwealth expects that ACMA will hold regular meetings with the Client Manager as part of the performance assessment cycle. Page 28 of 63 31204.doc
  29. 29. B.1 Price Schedule ACMA will provide more information concerning the proposed structure of the Price Schedule at the time the RFT is formally issued. It is expected that Tenderers will be required to provide a price for providing the Services described in Appendix 1 to the level of the ‘Minimum Requirements’. It is intended that the Contract will contain a performance management regime that is linked to contract payments - proposed performance standards are set out in Appendix 1 to Schedule 1. Tenderers will be required to set out their proposals in relation to the impact their performance against the performance standards will have on the price payable under the contract . Total payments under any Contract will not exceed $25 million (GST inclusive) over four years. Any tender with a total price in excess of $25 million (GST inclusive) will not be considered. Page 29 of 63 31204.doc
  30. 30. Page 30 of 63 31204.doc
  31. 31. APPENDIX 1 - TABLE OF OPERATIONAL REQUIREMENTS Environmental factors Service Minimum requirements to be Information Expected Level and possible approach deliverables contracted requirements to satisfy requirements 1. Registration Service Keeping the Do Not Call Register 1) In accordance with Part 3 of the DNCR Act, the Register Operator must keep, on behalf of a) Tenderers must provide ACMA, a register of telephone numbers for the See ‘minimum requirements’ information to ACMA purposes of the DNCR Act. that describes: 2) The Register is to be kept in electronic form. ACMA expects that there could • how the electronic 3) The Register Operator must have the technical be up to 7 million numbers on Register will operate; expertise, knowledge and ability to set up, No specific expected levels have the Register in the first two manage, operate and maintain an IT system been outlined. These will be years. The international • how the integrity of the capable of the supporting the Register. agreed at the contract stage. experience suggests that there Register will be maintained; 4) The Register must be robust and capable of Tenderers are encouraged to could be up to 1 million registrations in the first week of The Register registering the requisite amount of data. provide cost effective, easy to operation of the Register and 5 • the potential for the use and accessible solutions for Operator must keep 5) The Register must be capable of supplying a meeting or exceeding the million in the first twelve Register to be efficiently a Do Not Call high volume of registration related operational months. scaled-up and down to Register in electronic minimum requirements. meet demand; and transactions (particularly in the early operation ACMA estimates that there are form. of the Register) and should include arrangements for confirming the eligibility of between 15 and 20 million • the capacity of the numbers that are eligible to be Register. registrations and removals. placed on the Register. 6) The Register must have a high level of b) Tenderers must provide reliability with consideration given to disaster separate costs in recovery and business continuity. Recording the account holder’s meeting the possible or their nominee’s identity would minimum requirements 7) The register must have the flexibility to be provide a basis for register scaled-up if required to cope with increases in and any proposed users to ascertain an individuals solutions over and the number of telephone services overtime. eligibility to give consent. 8) The Register must have a database that: above the minimum requirements. • has data space for up to 15 million telephone numbers; Page 31 of 63 31204.doc
  32. 32. Environmental factors Service Minimum requirements to be Information Expected Level and possible approach deliverables contracted requirements to satisfy requirements • records the registration date; • records the registration expiry date; • stores data gathered by the system to satisfy authentication requirements; • it is able to use to efficiently administer the ‘washing’ or access service to telemarketers. • provides an audit trail of registration and ‘washing’ services provided. 9) The Register Operator must keep a Register in accordance with the functional specifications as set out in the Appendix of the RFT. 10) The Register Operator must provide an electronic copy of the Register to ACMA every week. 11) The Register must be operational no later than May 2007. Page 32 of 63 31204.doc
  33. 33. Environmental factors Service Minimum requirements to be Information Expected Level and possible approach deliverables contracted requirements to satisfy requirements Operate and administer the Register 12) Under section 18 of the DNCR Act, ACMA A possible minimum approach to c) Tenderers must provide may make a determination relating to the satisfy requirements could be for information on the administration and the operation of the the Register Operator’s proposed systems and Register. In particular, ACMA can make a registration service to allow at processes for operating determination in relation to: least three methods in which an and administering the • the form of applications for telephone numbers individual could make an Register. to be entered on the Register; application for their telephone number to be entered on the d) Tenderers must provide • the manner in which an application can be Register - for example, website information on: made; registration, phone (including TTY) registration and written • the form of applications • the manner in which entries are to be made on registration. for telephone numbers the Register; to be entered on the A possible minimum sent of Register; performance standards could be: The Register • the correction of entries on the Register; No specific expected levels have been outlined. These will be 1) the Register Operator’s • the manner in which an Operator must application can be agreed at the contract stage. administer and • the removal of entries from the Register; and systems and processes have the capability to process: made; operate the Register. • any other matters relating to the administration • 0.5 million applications for • the manner in which or operation of the Register Tenderers should demonstrate that they will be able to scale the registrations in the first entries are to be made week of operation; on the Register; 13) The Register Operator must administer and service to meet actual demand. operate the Register in accordance with any • 3 million applications for • the correction of entries determinations made by ACMA. ACMA will registration in the first year consult with the Register Operator, industry on the Register. of operation; and and the wider community in making any e) The Tenderer must determinations. • 5 million applications for provide information on registration in the first two how: 14) The Register Operator’s systems and years of operation. processes must be robust and capable of • the website registration processing the requisite amount of registration 2) the Register Operator’s will operate applications. registration service support 15) The registration process must be phone registration between 9 • the call centre will am and 5 pm Monday to Friday operate. straightforward, accessible and easy to use. (except on public holidays) and 16) The operation of the Register must be able to written registration. f) Tenderers must propose be scaled up and down to meet changes in minimum and expected Page 33 of 63 31204.doc
  34. 34. Environmental factors Service Minimum requirements to be Information Expected Level and possible approach deliverables contracted requirements to satisfy requirements performance standards in relation to the operation of the Register. g) Tenderers must provide separate costs in demand for registrations. meeting the possible minimum requirements and any proposed solutions over and above the minimum requirements. Page 34 of 63 31204.doc
  35. 35. Environmental factors Service Minimum requirements to be Information Expected Level and possible approach deliverables contracted requirements to satisfy requirements Registration of telephone numbers (eligibility of numbers) 18) The Register Operator must comply with the requirements relating to the registration of telephone numbers to be entered on the Register set out in section 16 of the DNCR Act and any determinations made by ACMA under h) Tenderers must provide section 18 of the DNCR Act. information on the No specific expected levels have proposed systems and 19) If an application is made for a telephone been outlined. These will be A possible minimum approach to processes to minimise number to be entered on the Register and the agreed at the contract stage. satisfying this requirement would the likelihood that applicant satisfies the Register Operator that be for the Register Operator’s numbers (either the number is eligible to be entered on the Tenderers are strongly encouraged to propose systems and processes to inadvertently or Register and the application is made in require each account holder or fraudulently) are listed accordance with the DNCR Act, then the innovative, cost-effective, easy to use and accessible solutions that their nominee applying to list a on the Register that are Register Operator will be required to enter the number on the Register to attest not eligible to be listed number on the Register. would go well beyond the The Register must minimum requirements. to the Register Operator that the on the Register. These only enter eligible 20) Section 14 of the DNCR Act sets out which number: systems and processes must be consistent with numbers on the telephone numbers may be entered on the Register Register. A telephone number can be entered Tenderers should balance the • is used or maintained delivering an efficient on the Register if: exclusively or primarily for registration service. need for maximising the integrity an utility of the registration private or domestic i) Regard should be had • it is an Australian number (ie a number purposes; and specified in the Numbering Plan); system with the costs associated to implementation of with providing an efficient controls to maximise the • it is used or maintained exclusively or registration service. • is not used or maintained integrity of the system at primarily for private or domestic purposes; exclusively for transmitting the time of registration and and/or receiving faxes. and post registration (for • it is not used or maintained exclusively for example, audits or other transmitting and/or receiving faxes. The validation checks). Register Operator must have systems and processes in place to minimise the opportunity for numbers being listed on the Register that are not eligible to be listed on the Register. Page 35 of 63 31204.doc
  36. 36. Environmental factors Service Minimum requirements to be Information Expected Level and possible approach deliverables contracted requirements to satisfy requirements 21) The Register Operator must have systems and processes in place to minimise the likelihood that numbers (either inadvertently or fraudulently) are listed on the Register that are not eligible to be listed on the Register. These systems and processes must be consistent with delivering an efficient registration service. Page 36 of 63 31204.doc

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