Closed ATM View - TA20048/2011
Public Relations Services Australia
Canberra, Sydney, Melbourne, Adelaide, Perth, Brisbane, Darwin, Hobart
Agency-based Public Relations Agency Panel
Addenda 4
1 Conditions for Participation
1.1.1 The Conditions for Participation are mandatory requirements, which describe minimum standards that suppliers must meet for their tenders to be considered.
1.1.2 If Tourism Australia considers that a Tenderer does not satisfy the Conditions for Participation, that Tenderer will be excluded from further consideration under the RFT.
1.1.3 The Conditions for Participation are:
a) The Tenderer and its subcontractors must not be bankrupt (if individuals) or insolvent (if corporations).
b) The Tenderer and its proposed subcontractors must not be named as not complying with the Equal Employment Opportunity for Women in the Workplace Act 1999 (Cth).
c) The Tenderer and its proposed subcontractors must not be named on the list of persons and entities designated as terrorists organisations under:
i) The consolidated list of individuals and groups maintained by the Department of Foreign Affairs and Trade to which the terrorist asset freezing regime applies (refer Charter of the United Nations (Dealing with Assets) Regulations 2008); and/orii) The list of prescribed terrorist organisations in the Criminal Code Regulations 2002.
d) The Tenderer must not have had an adverse Court or Tribunal decision for a breach of workplace relations law, occupational health and safety law or workers' compensation law and the Tenderer has not fully complied, or is not fully complying, with any relevant order made in respect of such breach order. For the purposes of this clause:
i) An 'adverse Court or Tribunal decision' includes any penalty or order of a Court or Tribunal with which the Tenderer has not complied or is not complying. It does not extend to infringement notices issued by workplace inspectors or a provisional improvement notice issued by an occupational health and safety inspector.ii) A decision or order that the Tenderer has not fully complied with does not include those instances where a penalty or order has been imposed but the period for payment/compliance has not expired.iii) A decision or order that the Tenderer has not fully complied with does not include adverse Court or Tribunal decisions which have been rectified or are under appeal. Where an appeal period has not expired and the Tenderer indicates an intention to appeal (as part of its Fair Work Principles Warranty), that Tenderer will be regarded as if they have lodged an appeal. iv) A 'Court or Tribunal' includes all courts, tribunals and commissions etc, howsoever named that are empowered by law to adjudicate and issue binding decisions or orders in respect of workplace relations law, occupational health and safety law, or workers' compensation law
e) The Tender agrees that for the duration of the proposed term of the draft contract it will not provide PR Services as a lead agency to any government tourism office of any of the following countries: United States of America, Canada, South Africa, New Zealand, United Kingdom, France, Germany and Italy.
f) Lead Agency is defined as an agency who provides the majority of PR services to a government tourism office in the countries specified.
Service commences 1 July 2011